HomeMy WebLinkAbout2021-06-09 e-packet@6:00Wednesday, June 9, 2021
6:00 PM
City of South San Francisco
P.O. Box 711
South San Francisco, CA
TELECONFERENCE MEETING
City Council
Regular Meeting Agenda
June 9, 2021City Council Regular 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 Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego 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
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Page 2 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
American Disability Act: The City Clerk will provide materials in appropriate alternative formats to
comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa
Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net.
Include your name, address, phone number, a brief description of the requested materials, and
preferred alternative format service at least 72-hours before the meeting.
Accommodations: Individuals who require special assistance of a disability-related modification or
accommodation to participate in the meeting, including Interpretation Services, should contact the
Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting.
Notification in advance of the meeting will enable the City of South San Francisco to make
reasonable arrangements to ensure accessibility to the meeting.
PEOPLE OF SOUTH SAN FRANCISCO
The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m.
MARK ADDIEGO, Mayor (At-Large)
MARK NAGALES, Vice Mayor (District 2)
BUENAFLOR NICOLAS, Councilmember (At-Large)
JAMES COLEMAN, Councilmember (District 4)
EDDIE FLORES, Councilmember (At-Large)
ROSA GOVEA ACOSTA, City Clerk
FRANK RISSO, City Treasurer
MIKE FUTRELL, City Manager
SKY WOODRUFF, City Attorney
In accordance with California Government Code Section 54957.5, any writing or document that is a public
record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular
meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If,
however, the document or writing is not distributed until the regular meeting to which it relates, then the
document or writing will be made available to the public at the location of the meeting, as listed on this
agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080.
Page 3 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
PRESENTATIONS
Presentation by California State Senator Josh Becker.1.
Proclamation celebrating June as Pride Month in California. (James Coleman,
Councilmember)
2.
Presentation on the Redistricting Process for South San Francisco by Kristen Parks of
National Demographics Corporation (NDC). (Rosa Govea Acosta, City Clerk; Kristen
Parks, National Demographics Corporation)
3.
PUBLIC COMMENTS
Submitted Public Comments
Page 4 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
HOW TO SUBMIT WRITTEN PUBLIC COMMENT BEFORE THE MEETING
Members of the public are encouraged to submit public comments in writing in advance of the meeting via the
eComment tab by 4:00 p.m. on the meeting date.
Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by
visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application
used by City Council and staff.
Comments received by the deadline will be read into the record by the City Clerk or designee. Comments
received after the deadline will be included as part of the meeting record but will not be read aloud during the
meeting. Approximately 300 words total can be read in three minutes.
The Public Comment portion of the meeting is reserved for persons wishing to address the Council on any
matter NOT on the agenda. Comments on agenda items will be taken when that item is called. If joining the
conference by phone you may raise your hand by dialing *9 and *6 to unmute.
State law prevents Council from responding to public comments or taking action on matters not on the agenda .
The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears
to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for
public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City
Council's rules of decorum will be muted.
HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING
Members of the public who wish to provide comment during the meeting may do so by using the “Raise Hand”
feature:
• To raise your hand on a PC or Mac desktop/laptop, click the button labeled "Raise Hand” at the bottom of
the window on the right side of the screen. Lower your hand by clicking the same button, now labeled “Lower
Hand.”
• To raise your hand on a mobile device, tap “Raise Hand” at the bottom left corner of the screen. The hand
icon will turn blue, and the text below it will switch to say "Lower Hand" while your hand is raised. To lower
your hand, click on “Lower Hand.”
• To raise your hand when participating by telephone, press *9.
• To toggle mute/unmute, press *6.
Once your hand is raised, please wait to be acknowledged by the City Clerk, or designee, who will call on
speakers. When called upon, speakers will be unmuted. After the allotted time, speakers will be placed on
mute.
COUNCIL COMMENTS/REQUESTS
Page 5 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
CONSENT CALENDAR
Motion to approve the Minutes for the meeting of April 20, 2021.4.
Report regarding a resolution approving Budget Amendment 22.001 appropriating
$115,000 in the Information Technology Department budget in fiscal year 2021-2022
for consulting services with AGS Geospatial, LLC, and approving a two-year contract
(with two two-year options to extend) in an amount not to exceed $690,000 and
authorizing the City Manager to execute the agreement. (Tony Barrera, Director of
Information Technology)
5.
Resolution approving a consulting services agreement with AGS Geospatial, LLC. for
Geographic Information Systems (GIS), Database Administration, and Project
Management services for a two-year term plus two, two-year extensions, in an amount
not to exceed $690,000 and authorizing the City Manager to execute the agreement.
5a.
Report regarding a resolution determining the continued existence of an emergency
and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.
(Greg Mediati, Deputy Director of Parks and Recreation)
6.
Resolution determining the continued existence of an emergency and authorizing
procurement for emergency remediation work relating to fire damage on Sign Hill in
South San Francisco.
6a.
Report regarding a resolution authorizing the acceptance of $19,950 in grant funding
from the County of San Mateo to support COVID-19 outreach throughout South San
Francisco and approving Budget Amendment 22.005. (Adam Elsholz, Assistant
Library Director)
7.
Resolution authorizing the acceptance of $19,950 in grant funding from the County of
San Mateo to support COVID-19 outreach throughout South San Francisco and
approving Budget Amendment 22.005.
7a.
Report regarding a resolution authorizing acceptance of $5,000 grant from the Max
and Victoria Dreyfus Foundation, Inc., via the South San Francisco Public Library
Foundation, to support the purchase of 3D printers for Library Makerspace
programming and accepting Budget Amendment 21.054. (Adam Elsholz, Assistant
Library Director)
8.
Resolution authorizing acceptance of a $5,000 grant from the Max and Victoria
Dreyfus Foundation, Inc., via the South San Francisco Public Library Foundation, to
support the purchase of 3D printers for Library Makerspace programming and
accepting Budget Amendment 21.054.
8a.
Page 6 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
Report regarding a resolution authorizing the acceptance of $3,750 in grant funding
from David and Lucile Packard Foundation to be used in implementing the Stay &
Play Program for Family, Friends and Neighbors (FFN) informal caregivers of young
children at South San Francisco Public Library and approving Budget Amendment
21.053. (Adam Elsholz, Assistant Library Director)
9.
Resolution authorizing the acceptance of $3,750 in grant funding from David and
Lucile Packard Foundation to be used in implementing the Stay & Play Program for
Family, Friends and Neighbors (FFN) informal caregivers of young children at South
San Francisco Public Library and approving Budget Amendment 21.053.
9a.
Report regarding a resolution approving the renewal of a Consulting Services
Agreement with Townsend Public Affairs for grant writing services on various capital
improvements, development, and social service projects for a one-year term in an
amount not to exceed $60,000. (Christina Fernandez, Assistant to the City Manager)
10.
Resolution approving the renewal of a Consulting Services Agreement with Townsend
Public Affairs for grant writing services on various capital improvements,
development, and social service projects for a one-year term in an amount not to
exceed $60,000.
10a.
Report regarding a resolution approving the acceptance of grant funds from the
California Department of Education’s After School Education and Safety Program to
be granted over a three-year term in the amount of $247,695 per year for a total grant
amount of $743,085, and amending the Parks and Recreation Department and Library
Department Fiscal Year 2021-22, 2022-23 and 2023-24 Operating Budgets pursuant
to budget amendment #22.004. (Greg Mediati, Parks and Recreation Deputy Director)
11.
Resolution approving the acceptance of grant funds from the California Department of
Education’s After School Education and Safety Program to be granted over a
three-year term in the amount of $247,695 per year for a total grant amount of
$743,085, and amending the Parks and Recreation Department and Library
Department Fiscal Year 2021-22, 2022-23 and 2023-24 Operating Budgets pursuant
to budget amendment #22.004.
11a.
Report regarding a resolution authorizing the acceptance of $217,980 in grant funding
from the California Department of Housing and Community Development through the
Permanent Local Housing Allocation (PLHA) program, approving Budget Amendment
21.052, and approving Budget Amendment 21.055 for associated administrative costs.
(Deanna Talavera, Management Analyst II)
12.
Page 7 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
Resolution authorizing the acceptance of $217,980 in grant funding from the California
Department of Housing and Community Development to provide financial assistance
to local governments for eligible housing-related projects through the Permanent Local
Housing Allocation (PLHA) program, approving Budget Amendment 21.052, and
approving Budget Amendment 21.055 for associated administrative costs.
12a.
Report regarding adoption of a resolution authorizing the City Manager to execute a
Letter of Engagement with the law firm Squire Patton Boggs to extend an existing
contract for national advocacy and policy services, for a term through June 2022 and
for an amount not to exceed $150,000 (Christina Fernandez, Assistant to the City
Manager)
13.
Resolution authorizing the City Manager to execute a Letter of Engagement with the
law firm Squire Patton Boggs to extend an existing contract for national advocacy and
policy services, for a term through June 2022 and for an amount not to exceed
$150,000.
13a.
Report regarding an adoption of an Ordinance amending Title 15 (Buildings and
Construction) of the South San Francisco Municipal Code to adopt certain
modifications and additions to the California Energy Code/Building Energy Efficiency
Standards and the California Green Building Standards Code which serve as Reach
Codes to increase building efficiency and increase requirements related to electric
vehicle charging stations. (Alex Greenwood, Director of Economic and Community
Development)
14.
An ordinance amending Title 15 (Buildings and Construction) of the South San
Francisco Municipal Code to adopt certain modifications and additions to the
California Energy Code/Building Energy Efficiency Standards and the California
Green Building Standards Code which serve as Reach Codes to increase building
efficiency and increase requirements related to electric vehicle charging stations.
14a.
PUBLIC HEARING
Report regarding consideration of a Development Agreement, a Relocation Agreement,
and Sign Permit to allow the installation of a 80 foot tall, double-faced, digital billboard
on property located at 345 Shaw Road, and determining that the 2015 IS/MND
continues to serve as the applicable environmental review document pursuant to
CEQA. (Billy Gross, Senior Planner)
15.
Page 8 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
Resolution determining that the 2015 IS/MND continues to serve as the applicable
environmental review document pursuant to California Environmental Quality Act
(CEQA) Guidelines Sections 15162 and 15164 for the proposed Digital Billboard
Project at 345 Shaw Road and approving a Relocation Agreement, and Sign Permit to
allow for the installation of an 80 foot tall, double-faced, digital billboard on property
located at 345 Shaw Road.
15a.
Ordinance adopting a Development Agreement to allow for the installation of an 80
foot tall, double-faced, digital billboard on property located at 345 Shaw Road.
15b.
ADMINISTRATIVE BUSINESS
Report regarding a resolution approving Budget Amendment 22.003 appropriating
$665,900 in the Public Works Department operating budget for Fiscal Year
2021-2022 for the Free South City Shuttle Program. (Marissa Garren, Department of
Public Works)
16.
Resolution approving Budget Amendment 22.003 appropriating $665,900 in the Public
Works Department operating budget for fiscal year 2021-2022 for the Free South City
Shuttle Program
16a.
Report regarding a resolution to approve the expanded Holiday Decorations Program
and execute a professional services contract for the new decorations, installation,
rotation, and storage of the holiday decorations. (Jennifer Rosas, Administrative
Assistant II)
17.
Resolution authorizing the execution of a four-year term professional services
agreement with Dekra-Lite in a total amount not to exceed $425,460 for the supply
and management of annual installation, rotation, and storage for the new expanded
outdoor holiday decorations program.
17a.
Report regarding a resolution confirming the change in solid waste collection rates to
be collected by the South San Francisco Scavenger Company effective July 1, 2021.
(Janet Salisbury, Director of Finance).
18.
Resolution confirming the change in solid waste collection rates to be collected by the
South San Francisco Scavenger Company effective July 1, 2021.
18a.
Report regarding the status of statewide residential eviction moratorium legislation and
consideration of future action. (Alex Greenwood, Economic and Community
Director).
19.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
Page 9 City of South San Francisco Printed on 8/3/2021
June 9, 2021City Council Regular Meeting Agenda
ADJOURNMENT
Page 10 City of South San Francisco Printed on 8/3/2021
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-462 Agenda Date:6/9/2021
Version:1 Item #:1.
Presentation by California State Senator Josh Becker.
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-430 Agenda Date:6/9/2021
Version:1 Item #:2.
Proclamation celebrating June as Pride Month in California.(James Coleman, Councilmember)
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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Dated: June 9, 2021
IN RECOGNITION OF JUNE AS LGBTQ PRIDE MONTH
June 9, 2021
WHEREAS, as we celebrate and declare June as Pride month in California, we
are reminded of what makes California great – our remarkable capacity to live together
and advance together across every conceivable difference; and
WHEREAS, this month commemorates the events of June 1969 when an uprising
was staged in New York City at the Stonewall Inn against the police harassment of
Lesbian, Gay, Bisexual, Transgender, Queer or Questioning (LGBTQ) persons; and
WHEREAS, patrons and supporters of the Stonewall Inn in New York City
resisted police harassment that had become all too common for members of the LGBTQ
community. Out of this resistance, the LGBTQ rights movement in American was born ;
and,
WHEREAS, the LGBTQ rights movement has achieved great progress towards
acceptance and equality, there is more work to be done. LGBTQ youth should feel safe to
learn without the fear of harassment, and LGBTQ families and seniors should be allowed
to live their lives with dignity and respect; and
WHEREAS, the LGBTQ community has worked tirelessly for respect and
equality. Their battles have been fought in the courts, from marriage equality to
demanding equal protection under the law; and
WHEREAS, due in no small part to the determination and dedication of the
LGBTQ rights movement, more LGBTQ Americans are living their lives openly today
than ever before; and
WHEREAS, in South San Francisco we celebrate and support our LGBTQ
community’s right to live their lives out loud – during Pride month and every month. As
we celebrate Pride across the State of California, we must continue to demand equal
rights for all.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
South San Francisco do hereby proclaim June as LGBTQ Pride Month by flying the
Pride flag at the South San Francisco City Hall and urge residents to recognize the
contributions made by members of the LGBTQ community and to actively promote the
principles of equality, liberty, and justice.
________________________________
Mark Addiego, Mayor
________________________________
Mark Nagales, Vice Mayor
________________________________
Buenaflor Nicolas, Councilmember
________________________________
James Coleman, Councilmember
________________________________
Eddie Flores, Councilmember
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-420 Agenda Date:6/9/2021
Version:1 Item #:3.
Presentation on the Redistricting Process for South San Francisco by Kristen Parks of National Demographics
Corporation (NDC).(Rosa Govea Acosta, City Clerk; Kristen Parks, National Demographics Corporation)
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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June 9, 2021 1
Introduction to Redistricting
June 9, 2021
City of South San Francisco
June 9, 2021 2
Date Event
March 6, 2018 City received letter claiming violation of the California Voting Rights
Act (CVRA)because Council members were elected at-large rather than
by districts
April 11, 2018 Council passed resolution to change to district elections
July 11, 2018 Council passed ordinance approving new district boundaries
2020 First by-district elections in two districts
2021 Districts will be redrawn to reflect 2020 Census data
2022 First by-district elections in remaining three districts
Districting vs. Redistricting
June 9, 2021 3
Current District Map (2018)
June 9, 2021 4
2021 Redistricting Timeline
Date Actions
June Project planning
July/August 1 -2 public hearings on “communities of interest”
Mid-August 2021 Expected release of 2020 Census data
End of September 2021 Expected release of California adjusted data
October –December 2021 Time for public to draw draft maps
January -March 2022 At least 2 public hearings to discuss and revise the draft maps
April 17, 2022 Statutory deadline to adopt map (E-205)
November 8, 2022 First election with new map
June 9, 2021 5
Redistricting Rules and Goals
◻Equal population
◻Federal Voting
Rights Act
◻No racial
gerrymandering
1. Federal Laws 2. California’s Ranked Criteria
1.Geographic contiguity
2.Undivided neighborhoods
and “communities of
interest”
3.Easily identifiable
boundaries
4.Compactness
(Do not bypass one group of people
to get to a more distant group of
people)
Prohibited:
“Shall not favor or discriminate against a
political party.”
3. Other Goals & Traditional
Principles
◻Minimize voters shifted
to different election years
◻Respect voters’ choices /
continuity in office
◻Future population growth
◻Preserving the core of
existing districts
June 9, 2021 6
Beyond Neighborhoods:
Defining “Communities of Interest”
1st Question: what defines your community?
◻Geographic area, plus
◻Shared issue or characteristic
Shared social or economic interest
Impacted by city policies
◻Tell us “your community’s story”
2nd Question:
Would this community benefit from being “included within a single
district for purposes of its effective and fair representation”?
◻Or would it benefit more from having multiple representatives?
Definitions of Communities of Interest may not include relationships with political
parties, incumbents, or political candidates
June 9, 2021 7
Demographic
Summary of
Existing
Districts
Estimates using official
2020 demographic data
and NDC’s estimated
total population figures.
Each of the 5 districts
must contain about
13,500 people.
South San Francisco -Current Districts
District 1 2 3 4 5 Total
2020 2020 Est. Total Pop 13,100 13,504 14,278 14,124 12,531 67,538
Deviation from ideal -407 -4 770 617 -976 1,746
% Deviation -3.01%-0.03%5.70%4.57%-7.23%12.93%
2010 Total Pop
% Hisp 31%10%42%26%62%34%
% NH White 24%13%22%37%13%22%
% NH Black 3%4%2%2%2%3%
% Asian-American 38%69%30%31%18%37%
Citizen Voting Age Pop
Total 9,541 9,767 9,936 10,985 6,894 47,122
% Hisp 25%10%39%23%48%28%
% NH White 30%13%23%38%15%25%
% NH Black 1%5%2%2%5%3%
% Asian/Pac.Isl.42%70%35%37%32%44%
Immigration immigrants 35%52%40%32%42%40%
naturalized 72%77%69%79%56%71%
Language spoken at home
english 53%37%39%56%30%43%
spanish 18%8%34%12%48%23%
asian-lang 25%48%22%23%16%27%
other lang 4%7%5%9%5%6%
Education (among those age
25+)
hs-grad 41%33%42%45%48%42%
bachelor 29%34%25%26%16%26%
graduatedegree 11%12%8%10%6%9%
Child in Household child-under18 26%31%33%28%42%32%
Housing Stats
single family 63%72%69%81%59%69%
multi-family 37%28%31%19%41%31%
rented 41%21%46%32%57%39%
owned 59%79%54%68%43%61%
Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White
and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2014-
2018 American Community Survey and Special Tabulation 5-year data.
June 9, 2021 8
Commission Options
1.Advisory
■Develops a map or maps that the Council adopts or revises
■Initial startup takes 4+ weeks, can be longer
■Adds a minimum of 2 weeks to the schedule
2.Independent
■Adopts a map with no Council review
■Initial startup takes 6 -8 weeks
■Roughly the same timeline as a Council-controlled process
3.Hybrid
■Develops two maps and the Council must adopt one or the other
■Initial startup takes 6 -8 weeks
■Adds a minimum of 2 weeks to the schedule
June 9, 2021 9
Legal Requirements
Elections Code Section 23000
‣Advisory Commission:
■Appointed by Council
■No elected officials, family members or paid campaign staff
■No extra mapping criteria
‣Independent or Hybrid Commission:
■Council sets appointment process, but may not directly appoint
■Extensive restrictions on commission member qualifications
■Additional mapping criteria: “shall not draw districts for the purpose of favoring
or discriminating against a political party or an incumbent or political candidate”
June 9, 2021 10
Public Mapping & Map Review Tools
These tools are designed as ways to empower
residents. There is no requirement to use them.
June 9, 2021 11
Caliper’s “Maptitude Online Redistricting”
Powerful Online Mapping Tool
‣Popular, data-rich online tool
‣Six language options: English, Spanish, Portuguese, Vietnamese, Mandarin
and Korean
June 9, 2021 12
Next Steps
◻Decide whether to form a commission
◻Decide whether to use a public mapping tool
◻Develop plan for public outreach
◻Create redistricting website
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-511 Agenda Date:6/9/2021
Version:1 Item #:
Submitted Public Comments
City of South San Francisco Printed on 8/3/2021Page 1 of 1
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6/14/2021 PUBLIC COMMENTS - City of South San Francisco
https://ci-ssf-ca.granicusideas.com/meetings/1638-city-council-on-2021-06-09-6-00-pm/agenda_items/60ba6feaf395e7961a000105-public-comments 1/1
Agenda Item
PUBLIC COMMENTS
1 Public Comment
Guest User at June 09, 2021 at 4:08pm PDT
Hi,
Can something be done about the Westborough greens that is looking worse by the day………. Enclosed is a picture taken a few minutes ago………. Also coming off 280 going south, coming up Westborough on the right ride towards the shopping center looks like a garbage dumb who is responsible for that seem like SSF is looking very sad now days………. Looking forward to see an improvement…………. Maude Iggstrom
6/14/2021 3. 21-420 Presentation on the Redistricting Process for South San Francisco by Kristen Parks of National Demographics Corporation (N…
https://ci-ssf-ca.granicusideas.com/meetings/1638-city-council-on-2021-06-09-6-00-pm/agenda_items/60ba6feaf395e7961a000104-3-21-420-present…1/1
2 Public Comments
Guest User at June 09, 2021 at 2:00pm PDT
Neutral
I am very concerned to learn about the hiring freeze on city workers. By not investing in hiring, we are
going to cost ourselves a lot more in the long run. Not only will we risk needing more costly fixes to our
infrastructure because we're forcing insufficient maintenance, we are also increasing the danger of worker
injuries and burnout by not giving staff the support they need. I understand the budget is tight, but if we
can afford to hire more police officers, we can afford to hire more city workers.
richard garbarino at June 04, 2021 at 2:00pm PDT
Honorable Mayor, Vice Mayor and Councilmembers, tonight my comments focus on SB9&SB10. These
pieces of legislation repesent the continued assault by the legiislature to diminish or eliminate local
controls, that is, no public input or review. These bills will not significantly impact affordable or market
rate housing inventories. Once again, this is an attempt by Sacramento to use a "one size fits all" solution.
Today, with federal, state and county anti-discrimination housing laws and transparency and disclosure
rules, I find it difficult to believe that persons of color are denied the opportunity to purchase a home in an
R! zoned area. The majority of homes purchased in my neighborhood have been made by families of
color, adding to the diversity of our community. I urge you to join with the League of California Cities,
cities throughout the state and in San Mateo County in opposing these bills. I know that at least three of
you have made long standing commitments to preserve the integrity of all of our neighborhoods. You now
have a choice to make: you can honor those commitments and support our neighborhoods, support local
control and public input, or you can violate the trust that the public has put in you and allow Sacramento
to dictate and determine local policies. The call is yours.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-457 Agenda Date:6/9/2021
Version:1 Item #:4.
Motion to approve the Minutes for the meeting of April 20, 2021.
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m.
ROLL CALL Present: Councilmembers Coleman, Flores, and Nicolas, Vice
Mayor Nagales, and Mayor Addiego.
AGENDA REVIEW
No changes.
REMOTE PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda.
Members of the public wishing to participate were encouraged to submit public comments in
writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting.
No public comments.
ADMINISTRATIVE BUSINESS
1. Study session regarding update on new Downtown Parking Garage (Heather Ruiz,
Management Analyst and Alex Greenwood, Director)
Economic and Community Development Director Greenwood introduced the item, and
Management Analyst Ruiz provided background information on a new Downtown Parking
Garage. In 2019, Watry Design, Inc. was commissioned to provide conceptual designs,
construction cost estimates, and a parking pricing analysis for the City Hall parking lot site.
On the October 22, 2019 study session, the City Council gave staff direction to advance two
conceptual design options: Option 1, the base design, which included a partially below-grade
parking structure under what is now the City Hall parking lot. The estimated construction cost
was $31 million. Option 2, which improves upon Option 1 by spanning the City Hall
superblock from Maple to Walnut Avenues along Miller Avenue and including below grade
parking, a rooftop park, and a new office building to replace the City Hall Annex Building.
This option was determined to be a suitable candidate for a P3 and was estimated to cost $58
million.
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
TUESDAY, APRIL 20, 2021
6:00 p.m.
Teleconference via Zoom
City Council conducted this meeting in accordance with California
Governor Newsom’s Executive Orders N-29-20 and N-63-20 and
COVID-19 pandemic protocols.
SPECIAL CITY COUNCIL MEETING April 20, 2021
MINUTES PAGE 2
In August 2020, WSP was selected to provide P3 advisory services and determine if a P3 was a
suitable delivery and financing model for bringing Option 2 to fruition. WSP was tasked to
validate and update the previous downtown parking studies and explore specific options from a
technical, financial, and commercial perspective. WSP has explored potential delivery options,
including P3/alternative delivery models, alternative design concepts and their revenue potential,
and initial financing costs of the project under a P3 structure.
Judah Gluckman, Principal Consultant with WSP provided an overview of the project goals and
site analysis. Twelve sites were analyzed throughout the Downtown area as potential locations
for a new parking facility. Many sites were eliminated because they did not meet the desired
goals of the project.
It was determined that the current City-owned surface parking lots at City Hall and 319 Baden
Avenue were the most viable based on the following factors: Proximity to activities driving
parking demand; Cost to build and maintain a new facility (including property if any); Alignment
to the Shape SSF Plan, and Adaptability to future trends. The City Hall parking lot concept
includes an underground parking structure with connectivity to City Hall and replacement office
space for the City Hall Annex, creation of a new playground and park, and a flexible design to
adapt to future needs. The City Hall site was analyzed under two scenarios and the Baden Avenue
under one scenario in which different layouts, number of parking spaces, and other variables
were explored. The City Hall parking lot was evaluated under two scenarios: an underground
parking structure with two or three basement levels (the 2-Level City Hall and 3-Level City Hall
scenarios). The 2-Level scenario includes 146 new parking spaces, a 23,436 square feet office
space, and a 42,750 square feet roof top park. The 3-Level scenario includes 234 new parking
spaces, a 33,672 square feet office space, and 39,150 square feet rooftop park. A portion of the
new Annex building in either City Hall scenario could be used as a pre-school facility for 60 to
120 children.
Councilmember Flores inquired why the 319 Baden site was selected over the 337 Baden site and
the number of trees to be removed and replaced in the City Hall model. Mr. Gluckman stated the
319 Baden location was more accessible and had the most demand for parking. Assistant City
Manager Ranals stated that the removal and replacement of trees had not yet been analyzed.
Councilmember Coleman inquired to what percentage of the square footage would be used for
the preschool center and whether the office space was needed. Mr. Gluckman stated that for the
2-level design concept the square footage would cover one floor and for the 3-level design
concept the square footage would be one floor and a half. Economic and Community
Development Director Greenwood stated that the demand was not high at the moment for office
space but likely to change in the future.
Councilmember Nicolas inquired why staff recommended the 2-level and not the 3-level in the
City Hall concept. Economic and Community Development Director Greenwood stated that staff
recommended the 2-level model because it achieved more policy goals than the 3-level concept.
Mayor Addiego expressed his concerns with building parking at a premium cost and the
placement of the park. In addition, he inquired about the lunchtime hours. Management Analyst
Ruiz stated that the study conducted indicated that the lunch hours were from 11:00 a.m. to 1:00
p.m. and dinner hours were from 6:00 p.m. to 8:00 p.m.
SPECIAL CITY COUNCIL MEETING April 20, 2021
MINUTES PAGE 3
Vice Mayor Nagales inquired to when the City Hall and Baden parking lots would begin to
generate revenue. Mr. Gluckman stated that based on the current rates, it would take twenty years
to get revenue for the City Hall parking lot, and it would take between two to three years for the
Baden parking lot. Vice Mayor Nagales expressed his concerns with the P3 financing model.
Councilmember Coleman inquired whether the cost included offset revenues of the preschool
fees collected in the City Hall parking options. Mr. Gluckman stated that they had not
incorporated any revenues associated with the preschool. Councilmember Coleman would like to
see the three-story option built but shares his colleagues' concerns on the financing portion of the
project. He thinks that creating more green space is very important, along with more childcare
capacity.
City Manager Futrell recommended that staff spend a few months refining the numbers for the
City Hall options.
Councilmember Flores inquired whether there was local or federal funding available to subsidize
the childcare. He would like to see the green space and childcare built in Downtown. City
Manager Futrell stated it was uncertain at this time; however, the federal government was
working on a plan that would include funding for childcare.
Mayor Addiego expressed his concerns about City Hall and relocating staff due to the age of the
building.
Councilmember Nicolas expressed her concerns with the costs of building the City Hall parking
and favors rebuilding the annex. She inquired about the last time there was a study on the parking
rates. Deputy Director Selander stated that about a year and a half ago, staff brought parking rates
to Council, and they were given authority to increase the rates.
City Manager Futrell provided an overview of Council's discussion and stated that staff would
focus on bridging the financial gap on both the Baden and City Hall sites. He stated that the
annex building would become a separate effort.
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting at 7:32 p.m.
Respectfully submitted by: Approved:
Cindy Avila Mark Addiego
Assistant City Clerk Mayor
Approved: / /
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-377 Agenda Date:6/9/2021
Version:1 Item #:5.
Report regarding a resolution approving Budget Amendment 22.001 appropriating $115,000 in the Information
Technology Department budget in fiscal year 2021-2022 for consulting services with AGS Geospatial,LLC,
and approving a two-year contract (with two two-year options to extend)in an amount not to exceed $690,000
and authorizing the City Manager to execute the agreement.(Tony Barrera,Director of Information
Technology)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving a consulting services agreement with AGS
Geospatial LLC for Geographic Information Systems (GIS),Database Administration,and Project Management
services for a two-year term plus two two-year extensions,in an amount not to exceed $690,000 and
authorizing the City Manager to execute the agreement .
BACKGROUND
In 2017 the South San Francisco Information Technology (IT)Department issued a request for proposal (RFP)
for GIS services.Responsibilities of a GIS analyst are to utilize mapping software to create interactive maps
for visual depiction of areas for staff to perform analysis,organize information,and assist in decision-making.
The position requires excellent database scripting,proficiency in programming languages such as Python and
expert knowledge of Environmental Systems Research Institute (ESRI)GIS software to produce high quality
deliverables with accurate data points.In addition to the technical requirements,the company selected would
be required to be on-site one week per month to interact with staff and hold in-person meetings with other
departments.Sixteen companies responded to the RFP and seven met the requirements.In the end,AGS
Geospatial was selected and approved by City Council.
DISCUSSION
AGS Geospatial,located in Texas,was created in 2017 by the founder and principal Justin Anderson.Mr.
Anderson has provided GIS services to the City of South San Francisco since 2007 and has extensive
knowledge of the ERSI GIS product line.He produces high quality maps with many data sets and has in-depth
knowledge of existing systems and integrations between other City enterprise software.
Mr.Anderson’s job duties evolved over the years,and he has filled an IT gap by providing database
administration and project management to other City applications not related to GIS.Mr.Anderson is well
respected and is treated,and acts,as a City employee,including participating in weekly staff meetings and
leading inter-departmental meetings to enhance existing systems.His dedication to South San Francisco is
unparalleled and his services cannot be replaced without significant change and cost.
The annual average contract cost is currently $94,000 for approximately 1,450 billable hours at $65/hr.Staff
anticipates an increase in rate to $70/hr.and an increase in annual billable hours to 1,640 for the proposed
contract. As a result, estimated total annual cost will be $115,000.
Below is the new scope of work:
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File #:21-377 Agenda Date:6/9/2021
Version:1 Item #:5.
GIS:
Database design and development, system documentation, application development, cartographic output,
and geospatial analysis.
Asset Management and Work Order System
Software updates and upgrades, report generation and creation, user training and documentation, system
support and development, vendor management, systems integration support, user account creation and
security.
Citizen Engagement
System monitoring and troubleshooting, user account creation, report and analytics creation, system support
and development, vendor outreach, API connectivity between systems.
Permitting System (New)
Report creation and database Structured Query Language (SQL) scripting.
HR and Payroll System (New)
Analytic and report generation based on database SQL scripting.
Mobile Application
System support and troubleshooting, software updates, and vendor outreach.
The IT Department did not release a request for proposal (RFP)in 2021 because AGS Geospatial has proven to
have the lowest rate for all services.In 2017,the three other companies selected to the final round had an
hourly range from $150/hr.to $275/hr.for a GIS analyst to project manage services.The other proposals did not
cover non-GIS applications and database administration.
Furthermore,City staff researched neighboring cities who have a full time GIS Coordinator employee.Below
are their hourly rates excluding benefit costs:
City of San Mateo $71.13/hr.
City of Palo Alto $62.69/hr.
FUNDING
The IT Department is requesting the City Council approve budget amendment 22.001 for appropriation of
funds of $115,000 in fiscal year 2021-2022 and 2022-23,for a two-year term plus two two-year extensions,not
to exceed $690,000 over six years.
CONCLUSION
AGS Geospatial,Justin Anderson,has been an extension of staff since 2007.His knowledge of City systems
and his willingness to extend his scope of work without an increase in cost proves his dedication to South San
Francisco.Staff recommends City Council adopt the resolution and authorize the City Manager to execute the
consulting services agreement.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-379 Agenda Date:6/9/2021
Version:1 Item #:5a.
Resolution approving a consulting services agreement with AGS Geospatial,LLC.for Geographic Information
Systems (GIS),Database Administration,and Project Management services for a two-year term plus two,two-
year extensions,in an amount not to exceed $690,000 and authorizing the City Manager to execute the
agreement.
WHEREAS,The City of South San Francisco (“City”)released a Request for Proposal (RFP)in March
2017; and four vendors, including AGS Geospatial, LLC. were interviewed by an evaluation panel; and
WHEREAS,other proposals came in at a higher cost and did not cover the non-GIS applications and
database administration services provided by AGS Geospatial,LLC.;and the panel determined AGS
Geospatial, LLC. best met the needs of the City; and
WHEREAS,GIS Coordinator positions in neighboring cities are at a higher hourly rate than AGS
Geospatial, LLC. before and after benefits; and
WHEREAS,both parties now wish to enter into a Consulting Services Agreement,whereby AGS
GeoSpatial, LLC. will provide GIS and database management services to the City; and
WHEREAS,the IT Department is requesting the City Council approve budget amendment 22.001 for
appropriation of funds of $115,000 in fiscal year 2021-2022 and 2022-2023 respectively,with the option to
extend the contract for two two-year extensions not to exceed $690,000 over six years.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby approves a Consulting Services Agreement for GIS services with AGS GeoSpatial,
LLC attached hereto and incorporated herein as Exhibit A,in a total amount not to exceed $230,000 for fiscal
year 2021-2022 and 2022-2023,and with the option to extend the agreement for two additional two-year terms
and not to exceed $690,000 over the total maximum six-year term.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement
insubstantially the same form as Exhibit A on behalf of the City,subject to approval as to form by the City
Attorney.
BE IT FURTHER RESOLVED that the City Council hereby approves Budget Amendment 22.001.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to take any
other actions consistent with the intent of this resolution that do not materially increase the City’s obligations.
*****
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
AGS GEOSPATIAL LLC
THIS AGREEMENT for consulting services is made by and between the City of South
San Francisco (“City”) and AGS GeoSpatial, LLC (“Consultant”) (together sometimes referred to
as the “Parties”) as of July 1, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to the City GIS database administration and project management to
other City applications including Human Resource, Finance and Fire Department system
management, as more specifically described in the Scope of Work attached as Exhibit A, attached
hereto and incorporated herein, at the time and place and in the manner specified therein. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the
Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2023, and Consultant shall complete the work described
in Exhibit A prior to that date (“Initial Term”). The work contemplated pursuant
to this Agreement must be completed during the Initial Term unless this Agreement
is otherwise terminated or extended, as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant
to this Agreement in the manner and according to the standards observed by a
competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession. Consultant shall
prepare all work products required by this Agreement in a substantial, first-class
manner and shall conform to the standards of quality normally observed by a person
practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment
of any such persons, Consultant shall, immediately upon receiving notice from City
of such desire of City, reassign such pers on or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s
obligations hereunder.
1.5 Confidential Information. Consultant acknowledges that, in the course of
providing services as outlined herein and in Exhibit A, it will be receiving or have
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access to certain confidential or private information that is privileged, protected,
protected, or exempted from public inspection under Federal, State and local laws
(collectively, “Confidential Information”). Example of Confidential Information
include, but are not including to: social security records, personnel records,
financial information that is exempt from public disclosure, and other private
individual information. Consultant expressly agrees not to disclose and to treat such
Confidential Information as confidential, and agrees to properly protect and
safeguard such information from any unauthorized viewing, access, use and
disclosure. Consultant shall not directly or indirectly, whether orally or in writing,
disclose, publish, communicate, transfer, assign, disseminate or use any
Confidential Information, whether or not such information is marked or designated
as such. If any of the Confidential Information, in whole or in part, is deemed to be
public record by law, by court or governmental order to be disclosed, Consultant
shall give the City prompt written notice thereof so that the City may seek a
protective order or other appropriate remedy prior to such disclosure and provide
full and complete cooperation to the City in seeking such order or remedy.
Section 2. COMPENSATION. City hereby agrees to pay Consultant on an hourly basis,
based on Consultant’s compensation schedule attached as Exhibit B, for services provided under
this Agreement in a sum not to exceed Two Hundred and Thirty Thousand Dollars ($230,000) for
the Initial Term (with the anticipated expenditure being $115,000 for fiscal year 21-22 and 22-23
each), and a total not-to-exceed amount of Six Hundred and Ninety Thousand Dollars ($690,000)
for the six-year total term of this Agreement (Initial Term plus Two Two-Year Extension terms
if exercised pursuant to Section 8 below), notwithstanding any contrary indications that may be
contained in Consultant’s proposal. In the event of a conflict between this Agreement and
Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached
as Exhibit B, regarding the amount of compensation, the text of this Agreement shall prevail.
City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City
to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized by City,
Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required
hereunder, including salaries and benefits of employees and subcontractors of Consultant.
Consequently, the parties further agree that compensation hereunder is intended to include
the costs of contributions to any pensions and/or annuities to which Consultant and its
employees, agents, and subcontractors may be eligible. City therefore has no
responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
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Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first
inv oice, etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable
time entries or time sheets shall be submitted showing the name of the
person doing the work, the hours spent by each person, a brief description
of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder, as well as a separate notice when the total
number of hours of work by Consultant and any individual employee, agent,
or subcontractor of Consultant reaches or exceeds eight hundred (800)
hours, which shall include an estimate of the time necessary to complete the
work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have thirty (30) days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant. City shall have no
obligation to pay invoices submitted ninety (90) days past the performance of work
or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due
pursuant to this Agreement within sixty (60) days after completion of the services
and submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any expense
or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement. City shall make no payment for any extra, further, or additional service
pursuant to this Agreement.
I n no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entire
Agreement, unless the Agreement is modified prior to the submission of such an
invoice by a properly executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the hourly rate and/or amounts shown on the compensation schedule
attached hereto and incorporated herein as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable Expenses are not chargeable to the City.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the
payment of employment taxes incurred under this Agreement and any similar
federal or state taxes. To be exempt from tax withholding, Consultant must provide
City with a valid California Franchise Tax Board form 590 (“Form 590”), as may
be amended and such Form 590 shall be attached hereto and incorporated herein as
Exhibit C. Unless Consultant provides City with a valid Form 590 or other valid,
written evidence of an exemption or waiver from withholding, City may withhold
California taxes from payments to Consultant as required by law. Consultant shall
obtain, and maintain, on file for three (3) years after the termination of this
Agreement, Form 590s (or other written evidence of exemptions or waivers) from
all subcontractors. Consultant accepts sole responsibility for withholding taxes
from any non-California resident subcontractor and shall submit written
documentation of compliance with Consultant’s withholding duty to City upon
request.
2.8 Payment upon Termination. In the event the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily
completed as of the date of written notice of termination. Consultant shall maintain
adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all
classes of laborers, workmen, or mechanics on the work contemplated by this
Agreement, shall be not less than the prevailing rate for a day’s work in the same
trade or occupation in the locality within the state where the work hereby
contemplates to be performed as determined by the Director of Industrial
Relations pursuant to the Director’s authority under Labor Code Section 1770, et
seq. Each laborer, worker or mechanic employed by Consultant or by any
subcontractor shall receive the wages herein provided for. The Consultant shall
pay two hundred dollars ($200), or whatever amount may be set by Labor Code
Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of
per diem wages and the wage paid to each worker shall be paid by the Consultant
to each worker.
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An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties
pursuant to Labor Code Sections 1770 1775. The City will not recognize any
claim for additional compensation because of the payment by the Consultant for
any wage rate in excess of prevailing wage rate set forth. The possibility of wage
increases is one of the elements to be considered by the Consultant .
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the
schedule of prevailing wage rates is not attached hereto pursuant to Labor Code
Section 1773.2, the Consultant shall post at appropriate conspicuous points at the
site of the project a schedule showing all determined prevailing wage rates for the
various classes of laborers and mechanics to be engaged in work on the project
under this contract and all deductions, if any, required by law to be made from
unpaid wages actually earned by the laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and
the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by the Consultant in connection with the public work. Such
records shall be certified and submitted weekly as required by Labor Code Section
1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to perform
the services required by this Agreement. City shall make available to Consultant only the facilities
and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may
be reasonably necessary for Consultant’s use while consulting with City employees and reviewing
records and the information in possession of the City. The location, quantity, and time of
furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated
to furnish any facility that may involve incurring any direct expense, including but not limited to
computer, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Consultant shall provide Certificates of Insurance,
attached hereto and incorporated herein as Exhibit D, indicating that Consultant has obtained or
currently maintains insurance that meets the requirements of this section and under forms of
insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
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be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence
work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
for any and all persons employed directly or indirectly by Consultant. The
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000) per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as
defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if
a program of self-insurance is provided, shall waive all rights of subrogation against
the City and its officers, officials, employees, and volunteers for loss arising from
work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, s hall
maintain commercial general and automobile liability insurance for the term
of this Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence, combined single limit coverage for risks
associated with the work contemplated by this Agreement. If a Commercial
General Liability Insurance or an Automobile Liability form or other form
with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this Agreement or
the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death
resulting there from, and damage to property resulting from activities
contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No
endorsement shall be attached limiting the coverage.
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,
employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability
insurance for licensed professionals performing work pursuant to this
Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention s hall not exceed ONE HUNDRED
FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before
the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five (5) years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant’s sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the
City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
policies delivered to Consultant by the insurer, including complete copies
of all endorsements attached to those policies. All copies of policies and
certified endorsements shall show the signature of a person authorized by
that insurer to bind coverage on its behalf. If the City does not receive the
required insurance documents prior to the Consultant beginning work, it
shall not waive the Consultant’s obligation to provide them. The City
reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled
by either party, or reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has
been given to the City. In the event that any coverage required by this
section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at Consultant’s
earliest possible opportunity and in no case later than ten (10) working days
after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees,
agents, and volunteers shall be covered as additional insureds with respect
to each of the following: liability arising out of activities performed by or
on behalf of Consultant, including the insured’s general supervision of
Consultant; products and completed operations of Consultant, as applicable;
premises owned, occupied, or used by Consultant; and automobiles owned,
leased, or used by the Consultant in the course of providing services
pursuant to this Agreement. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers,
employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers,
officials, employees and volunteers, and that no insurance or self-insurance
maintained by the City shall be called upon to contribute to a loss under the
coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to
and obtain the approval of City for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
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term of this Agreement. Further, if the Consultant’s insurance policy
includes a self-insured retention that must be paid by a named insured as a
precondition of the insurer’s liability, or which has the effect of providing
that payments of the self-insured retention by others, including additional
insureds or insurers do not serve to satisfy the self-insured retention, such
provisions must be modified by special endorsement so as to not apply to
the additional insured coverage required by this agreement so as to not
prevent any of the parties to this agreement from satisfying or paying the
self-insured retention required t o be paid as a precondition to the insurer’s
liability. Additionally, the certificates of insurance must note whether the
policy does or does not include any self-insured retention and also must
disclose the deductible.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase
such deductibles or self-insured retentions with respect to City, its officers,
employees, agents, and volunteers. The Contract Administrator may
condition approval of an increase in deductible or self-insured retention
levels with a requirement that Consultant procure a bond, guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and
forms of such insurance are either not commercially available, or that the
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option exercise any of the
following remedies, which are alternatives to other remedies City may have and are
not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
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b. Order Consultant to stop work under this Agreement or withhold any payment
that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements
hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPON SIBILITIES. To the
fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the
City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from
and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising
out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of
any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the
willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors,
or agents, by acts for which they could be held strictly liable, or by the quality or character of their
work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life,
damage to property, or violation of law arises wholly from the gross negligence or willful
misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of
Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss
of life, damage to property, or violation of law. It is understood that the duty of Consultant to
indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required
under this Agreement does not relieve Consultant from liability under this indemnification and
hold harmless clause. This indemnification and hold harmless clause shall apply to any damages
or claims for damages, whether or not , such insurance policies shall have been determined to apply.
By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement is determined by a court of competent jurisdiction or the California
Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an
employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of
any employee and/or employer contributions for PERS benefits on behalf of Consultant or its
employees, agents, or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of City.
City shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the
right to control the means by which Consultant accomplishes services rendered
pursuant to this Agreement. Notwithstanding any other City, state, or federal
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policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its
employees, agents, and subcontractors providing services under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any and all
claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees
Retirement System (PERS) as an employee of City and entitlement to any
contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Consultant and any
subcontractors shall comply with all applicable rules and regulations to which City
is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals, including from City, of what -so-ever nature that are
legally required to practice their respective professions. Consultant represents and
warrants to City that Consultant and its employees, agents, any subcontractors shall,
at their sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals that are legally required to practice
their respective professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this Agreement valid
Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
on the basis of a person’s race, religion, color, national origin, age, physical or
mental handicap or disability, medical condition, marital status, sex, or sexual
orientation, against any employee, applicant for employment, subcontractor, bidder
for a subcontract, or participant in, recipient of, or applicant for any services or
programs provided by Consultant under this Agreement. Consultant shall comply
with all applicable federal, state, and local laws, policies, rules, and requirements
related to equal opportunity and nondiscrimination in employment, contracting, and
the provision of any services that are the subject of this Agreement, including but
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not limited to the satisfaction of any positive obligations required of Consultant
thereby.
Consultant shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the date of notice of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City all
materials described in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement for two (2) additional two (2) year terms beyond that provided for
in Subsection 1.1. Any such extension shall require a written amendment to this
Agreement, as provided for herein. Consultant understands and agrees that, if City
grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement and
based on the adjustment schedule provided for herein. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by
all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant’s unique personal competence, experience, and
specialized personal knowledge. Moreover, a substantial inducement to City for
entering into this Agreement was and is the professional reputation and competence
of Consultant. Consultant may not assign this Agreement or any interest therein
without the prior written approval of the Contract Administrator. Consultant shall
not assign or subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal, without
prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of
the terms of this Agreement, City’s remedies shall include, but not be limited to,
the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the
amount that City would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
any other form, that Consultant prepares or obtains pursuant to this Agreement and
that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination
of the Agreement. It is understood and agreed that the documents and other
mate rials, including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent
of both parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and
disbursements charged to the City under this Agreement for a minimum of three
(3) years, or for any longer period required by law, from the date of final payment
to the Consultant to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds TEN
THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of the City, for a period of three (3) years after final payment under the
Agreement.
9.4 Public Records Requirements. All records, documents, materials prepared
pursuant to this Agreement, and all responses to a Request for Proposals (RFP) or
invitation to bid issued by the City become the exclusive property of the City and
are subject to the requirements of the California Public Records Act. In addition,
at such time as the City selects a bid, all proposals received become a matter of
public record, and shall be regarded as public records, with the exception of those
elements in each proposal that are defined by Consultant and plainly marked as
“Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any
such proposal or portions thereof, if Consultant has not plainly marked it as a
"Trade Secret" or "Business Secret," or if disclosure is required under the Public
Records Act.
Although the California Public Records Act recognizes that certain confidential
trade secret information may be protected from disclosure, the City may not be in
a position to establish that the information that a prospective bidder submits or a
record or material created under this Agreement is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the
requester takes legal action seeking release of the materials it believes does not
constitute trade secret information, by submitting a proposal, Consultant agrees to
indemnify, defend and hold harmless the City, its agents and employees, from any
judgment, fines, penalties, and award of attorney’s fees awarded against the City
in favor of the party requesting the information, and any and all costs connected
with that defense. This obligation to indemnify survives the City's award of the
contract and the termination of this Agreement. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's
possession, which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
arbitration or an action for declaratory relief, to enforce or interpret the provision
of this Agreement, the prevailing party shall be entitled to reasonable attorneys’
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fee s in addition to any other relief to which that party may be entitled. The court
may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
the state courts of California in the County San Mateo or in the United States
District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at
equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would
place Consultant in a “conflict of interest,” as that term is defined in the Political
Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate California Government Code Sections 1090 et
seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve
(12) months, an employee, agent, appointee, or official of the City. If Consultant
was an employee, agent, appointee, or official of the City in the previous twelve
(12) months, Consultant warrants that it did not participate in any manner in the
forming of this Agreement. Consultant understands that, if this Agreement is made
in violation of Government Code §1090 et.seq., the entire Agreement is void and
Consultant will not be entitled to any compensation for services performed pursuant
to this Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant. Consultant
understands that, in addition to the foregoing, it may be subject to criminal
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prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group,
or interview related to this Agreement, either orally or through any written
materials.
10.9 Contract Administration. This Agreement shall be administered by Tony Barrera
("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be
given under this Agreement shall be in writing and shall be deemed to have been
duly given (i) when received if personally delivered; (ii) when received if
transmitted by telecopy, if received during normal business hours on a business
day (or if not, the next business day after delivery) provided that such facsimile is
legible and that at the time such facsimile is sent the sending Party receives
written confirmation of receipt; (iii) if sent for next day delivery to a domestic
address by recognized overnight delivery service (e.g., Federal Express); and (iv)
upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant : AGS GeoSpatial, LLC.
Justin Anderson
7131 Wildgrove Avenue
Dallas, TX 75214
City: Tony Barrera, IT Director
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design
specifications, and each page of construction drawings shall be stamped/sealed
and signed by the licensed professional responsible for the report/design
preparation. The stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility," as in the following
example.
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Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and
incorporated herein, represents the entire and integrated agreement between City
and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by
facsimile or other electronic means, and when each Party has signed and delivered
at least one such counterpart, each counterpart shall be deemed an original, and,
when taken together with other signed counterpart, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
10.14 Construction. The headings i n this Agreement are for the purpose of reference
only and shall not limit or otherwise affect any of the terms of this Agreement.
The parties have had an equal opportunity to participate in the drafting of this
Agreement; therefore, any construction as against the drafting party shall not
apply to this Agreement.
T he Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO CONSULTANT:
____________________________ _____________________________
City Manager
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
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3770178.1
EXHIBIT A
SCOPE OF SERVICES
Geographic Information System
• Maintenance and enhancement of existing GIS applications
• Database design and development
• Software updates, upgrades, evaluation, testing, and troubleshooting
• User training
• System documentation
• Application development
• Cartographic output
• Geospatial analysis
• Data distribution to internal staff, vendors, and public
• Project management
Asset Management and Work Order System
• Software updates and upgrades
• Report generation and creation
• User training and documentation
• System support and development
• Vendor management
• Systems integration support
• User account creation and security
Citizen Engagement
• System monitoring and troubleshooting
• User account creation
• Report and analytics creation
• System support and development
• Vendor outreach
• API connectivity between systems
Permitting System
• Report creation and database scripting
HR and Payroll System
• Analytic and report generation
Mobile Application
• System support and troubleshooting
• Software updates
• Vendor outreach
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
FORM 590
EXHIBIT D
INSURANCE CERTIFICATE
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-422 Agenda Date:6/9/2021
Version:1 Item #:6.
Report regarding a resolution determining the continued existence of an emergency and the need to continue
emergency repairs in response to the Sign Hill Diamond Fire.(Greg Mediati,Deputy Director of Parks and
Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution determining the continued existence of an
emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.
On October 16,2020 at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic
letters.This was the third day of a regional Red Flag Warning with elevated temperatures,reduced humidity,
and a steady easterly wind.The wind pushed the fire quickly to the west across the southern face of the hill
through the grasses before spreading into the nearby tree groves.The incident commander realized the fire
would grow quickly and structures would be threatened.Additional resources were immediately called to the
scene to assist.
In total,five alarms of fire apparatus from South San Francisco and nearby agencies responded to the
emergency.Additionally,an agreement with California Forestry and Fire Department (CalFire)was utilized and
provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the
incident.The fire burned for nearly three hours before being declared under control.Fire crews remained on
site for over two days to ensure all hot spots were extinguished and embers would not reignite.Fortunately,the
fire was kept to 16 acres and only caused minor property damage to three homes on Mountain Road,and no
one was injured,thanks to the fuel load reduction and fire break work completed in recent years and the fire
fighters’ great efforts.
Immediately after the fire,the City Manager’s Office,Parks and Recreation Department,Fire Department and
Public Works/Engineering Department staff met to discuss next steps to prepare the hill for the winter months.
On October 22,2020,City Parks and Recreation staff completed a walkthrough and prepared an assessment of
the state of the Sign Hill environment and trails to evaluate the scale of fire damage.Based on staff’s
assessment,two phases of work were established -short term work to winterize the hill,remove hazards,and
make it safe to reopen,and longer term work to expand on the ongoing fuel load reduction and maintain
firebreaks on Sign Hill.
Due to the emergent nature of the short term work to prepare Sign Hill for wet weather,and potential debris
flows,falling trees,or the potential for future fire due to the buildup of fuel in the form of dead trees and brush,
it was determined an emergency declaration was needed to expedite the work.
At the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining
the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs.These repairs
largely include the removal of more than 1,500 trees directly impacted by the Diamond Fire for a contract total
not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to
City of South San Francisco Printed on 6/4/2021Page 1 of 3
powered by Legistar™
File #:21-422 Agenda Date:6/9/2021
Version:1 Item #:6.
not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to
perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped
areas for a contract total not to exceed $110,559.
For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution
delegating authority to the City Manager to order any emergency action and enter into necessary contracts
pursuant to the provisions and restrictions of Public Contract Code Section 22050.
Tree Removals
Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as
Seubert Grove.At the time of drafting this report,this portion of the work is largely complete.The next phase
of work has begun and is focused on clearing the Iris Trail and Letters Trail of any hazardous trees.In each of
these areas,the trees being removed are largely being chipped on site to help with slope stabilization or are
safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in
diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so
as not to serve as potential fuel for the next fire season.This work is in accordance with CalFire forestry
guidance.
The Seubert,Eucalyptus,and Ridge Trails have been cleared of hazardous trees within falling proximity to the
trails and were opened to the public starting on February 23,2021.At this time the Iris Trail and Letters Trail
remain closed as hazardous trees are still present near parts of these trails.Parks staff anticipates these trails to
open in the next few weeks.When these areas are made safe,the Parks Division will re-open these two trails
and tree work will shift focus to trees adjacent to residences on the hill in a preventative effort to abate the
impacted and hazardous trees for the dry season in 2021.The status of the trails on Sign Hill will be regularly
updated on the City’s webpage under the Sign Hill link for residents to access closure information.
Tree work is expected to continue through much of 2021.The month of March marked the beginning of bird
nesting season,and Parks staff have gone out to bid and have finalized a contract with Wood PLC,a biologist
consultant to survey for nesting birds.Performing bird nest surveys will allow for work to continue through the
nesting season.Wood PLC has conducted preliminary surveys on the week of April 19,2021 and are
performing subsequent surveys every fourteen days through August 2021,the end of nesting season.Some
nesting raptor species were found and these nests will be left undisturbed till after the nesting season.Wood
PLC is working directly with Davey Tree,while coordinating with City staff to guide work appropriately.
Surveying for bird nests during the tree work is required by the Migratory Bird Act which provides protections
to bird habitat.Staff has found it necessary to continue work through the nesting season in order to open all
trails to the public within a reasonable timeframe,and to reduce the fuel load that still exists on the hill as much
as possible prior to the next fire season.
Erosion Control
Acacia Environmental Construction was contracted to perform the erosion control efforts on December 11,
2020.Staff met with Acacia’s project team on December 14 to discuss the project’s priorities and phases of
work.Erosion control work began on December 28,2020,and consists of installation of check dams in
drainage areas and culverts,fiber waddle installation on steep slopes,and hydro-seeding barren areas of the hill
with a native seed blend,which in addition to the slope stabilization efforts will help re-establish the hill’s
native grassland ecosystem.Additionally,tree stumps and root mass from felled trees are left in place to help
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with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts.
Acacia Environmental Construction completed the erosion control work in early February 2021.The hydro-
seeding that was installed is already sprouting and beginning to take root as intended,providing crucial
stabilization of hillsides and future native habitat for native species.
Emergency Continuation
Continuation of this emergency is necessary to continue the aforementioned work in response to the Diamond
Fire and safely re-open the park as soon as possible.Terminating the work now would leave hundreds of
hazardous trees in immediate proximity to paths of travel.
As required by Public Contract Code section 22050(c)(1),this emergency tree removal and erosion control
project will continue to be placed back on future regular City Council meeting agendas for the Council to
review this emergency action and determine whether there is a need to continue the action,until such
emergency repairs have been completed and the project terminated.Section 22050 requires the City Council
determine the continuance of the emergency by a four-fifths vote.Adoption of the associated resolution
authorizes the continuance of the emergency repair work to address the response to the Diamond Fire and
related repairs.
FISCAL IMPACT
Work for the immediate tree work and erosion control measures is estimated to be $1,010,559,though
subsequent work is needed to rehabilitate trails and park amenities,and for habitat restoration.Cost estimates
for that work are to be determined once tree work is complete.Bird nest surveying for the year of 2021 is a
total of $18,988. Currently, funding exists outside of the general fund for this project.
RELATIONSHIP TO STRATEGIC PLAN
This project will contribute to the City’s Strategic Plan under Priority #2 by helping to create sustainable parks
and open space areas, and under Priority #4 by enhancing public safety on and around Sign Hill.
CONCLUSION
Approving the resolution and adopting the findings will authorize the continuation of emergency repair work to
address the hazardous conditions as a result of the Diamond Fire on Sign Hill.Staff recommends that the City
Council determines that the emergency continues to exist and the emergency action,undertaken pursuant to the
City Manager’s delegated authority, remains necessary.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-423 Agenda Date:6/9/2021
Version:1 Item #:6a.
Resolution determining the continued existence of an emergency and authorizing procurement for emergency
remediation work relating to fire damage on Sign Hill in South San Francisco.
WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the
City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and
restrictions of California Public Contract Code Section 22050; and
WHEREAS,on October 16,2020,a multi-alarm grass fire broke out on the western section of the
iconic letters at Sign Hill in South San Francisco,where multiple recreational trails are located and frequently
used by the public; and
WHEREAS,the wind pushed the fire quickly to the west across the southern face of the hill through the
grasses and spread into the nearby tree groves,killing hundreds of trees which now pose a public safety hazard;
and
WHEREAS,the fire burned over 16 acres of land and damaged a significant number of trees and trails;
and
WHEREAS,although the fire has been contained,the damaged trees have since become a falling hazard
and trails remain severely damaged or destroyed,creating an extremely dangerous condition for the public and
rendering the Sign Hill trails unsafe for trail users, and also required them to be closed to the public; and
WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a
resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized
emergency repairs including removal of more than 1,500 trees directly impacted by the wildfire; and
WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and
contractors to assess the scope of the damage,recommend corrective action,and undertake or contract for a
substantial amount of tree removal and trail repair/remediation work in order to restore the trails and other
features of Sign Hill to a safe condition as quickly as possible,and to subsequently re-open them to the public;
and
WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a
contract with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or
hazardous trees for a contract total not to exceed $900,000; and
WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia
Environmental Construction,for the emergency mitigation of potential erosion hazards within fire damaged
areas on Sign Hill; and
WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additionalCity of South San Francisco Printed on 8/3/2021Page 1 of 3
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WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additional
emergency mitigation work is still needed to eliminate the dangerous conditions.
FINDINGS
WHEREAS, the City Council of the City of South San Francisco hereby finds as follows:
A.The above recitals are true and correct and incorporated herein by this reference.
B.Pursuant to California Public Contract Code Section 20168,public interest and necessity
demand the immediate commencement of the above-described work at Sign Hill in South San Francisco and
the expenditure of public money for such work to safeguard life, health and property.
C.Pursuant to California Public Contract Code Section 22050 and the authority delegated
by the City Council on September 12,2018,and based on substantial evidence presented by the circumstances
of the Sign Hill fire and City staff’s assessments,including but not limited to those from the City’s Fire,Police,
and Parks &Recreation Departments,the staff report prepared concerning this resolution,and as set forth in
this resolution,the City Manager would continue to be authorized to order emergency tree removal,trail repair
and related work for the hazardous and threatening conditions at Sign Hill in South San Francisco.
D.Terminating the above-described emergency work and let the remaining work at Sign
Hill to competitive bidding would jeopardize public health,safety and welfare;risk additional damage to public
and private property;and result in the public incurring additional expense,including,but not limited to,
additional expense due to delay and further damage,due to the dangerous conditions of the falling trees and
damage to trails and other features of the Sign Hill area and such work is necessary to respond to the
emergency conditions at Sign Hill.Therefore,it remains that competitive bidding of such work would not
produce an advantage for the public.
E.Based on evidence presented in the record,the above-described emergency work
continues to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and (c).
NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at
least a four-fifths vote, as follows:
1.The above recitals and findings are true and correct and hereby declared to be findings of the
City Council of the City of South San Francisco.
2.The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten
public health,welfare and safety;thus,emergency repair work continues to be necessary to
address the hazardous and threatening conditions of the falling trees and destructed trail
improvements.The emergency work described in this resolution continues to be exempt from
California Public Contract Code competitive bidding requirements pursuant to California Public
Contract Code Sections 20168 and 22050.
3.The City Council continues to authorize City staff to procure contracts for the emergency work
described in this resolution and the City Manager to execute such contracts on behalf of the City,
as approved to form by the City Attorney,and to take any other related action necessary to
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as approved to form by the City Attorney,and to take any other related action necessary to
further the intent of this Resolution.
4.City staff is directed,in accordance with California Public Contract Code Section 22050(c)(1),
to place on future regular agendas of the City Council an item concerning the emergency work
authorized pursuant to this resolution so that the City Council may determine,by at least a four-
fifths vote,whether there is a need to continue the emergency work described above or whether
such work may be terminated.
5.This resolution shall become effective immediately.
6.Each portion of this resolution is severable.Should any portion of this resolution be adjudged to
be invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution
portions shall be and continue in full force and effect,except as to those resolution portions that
have been adjudged invalid.The City Council hereby declares that it would have adopted this
resolution and each section,subsection,clause,sentence,phrase and other portion thereof,
irrespective of the fact that one or more section,subsection,clause sentence,phrase or other
portion may be held invalid or unconstitutional.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-442 Agenda Date:6/9/2021
Version:1 Item #:7.
Report regarding a resolution authorizing the acceptance of $19,950 in grant funding from the County of San
Mateo to support COVID-19 outreach throughout South San Francisco and approving Budget Amendment
22.005. (Adam Elsholz, Assistant Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $19,950 in
grant funding from the County of San Mateo to support COVID-19 outreach throughout South San
Francisco and approving Budget Amendment 22.005.
BACKGROUND/DISCUSSION
The Library Department has been awarded $19,950 in funding from the County of San Mateo to support
COVID-19 outreach throughout South San Francisco through November 2021.This funding is in addition to
the $19,950 grant accepted by City Council at the October 28,2020 City Council meeting and $10,000
accepted by City Council at the January 13,2021 City Council meeting.Funds will be used to continue
providing accurate information about the prevention of COVID-19 and the importance and availability of
vaccinations in a variety of languages,including Chinese,English,Spanish and Tagalog,with special focus on
hard-to-reach and vulnerable residents.Library staff will partner with our City EOC team,use available tools
and outlets,online and in person,to promote life-saving information and resources to our community.The
County has specifically identified the following outreach activities:“an emphasis on outreach tabling,
canvassing,flyering,1:1 engagements,or other forms of in-person outreach.”Activities may also include:
phone banking and distribution of masks and other critical supplies as necessary;heavy promotion in our social
media channels;and integration into outreach and programs the city is already doing,such as vaccine clinics
and special City and Library programs and events.
FISCAL IMPACT
Project activities will begin in June 2021;project revenue will be received in next fiscal year,2021-2022.
Grant funds will be used to amend the Library Department’s FY 2021-2022 Operating Budget per Budget
Amendment 22.005. Receipt of these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this grant will contribute to the City’s Strategic Plan under Priority #1:Recover from Global
Pandemic,by providing accurate and important information about preventing the spread of COVID-19 and
promoting health and safety measures such as vaccination in our community.
CONCLUSION
Receipt of these funds will enable the Library to distribute critical information regarding COVID-19. It is
recommended that the City Council accept $19,950 in grant funding and approve Budget Amendment 22.005.
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-443 Agenda Date:6/9/2021
Version:1 Item #:7a.
Resolution authorizing the acceptance of $19,950 in grant funding from the County of San Mateo to support
COVID-19 outreach throughout South San Francisco and approving Budget Amendment 22.005.
WHEREAS,the County of San Mateo has awarded the City $19,950 in grant funding to support
COVID-19 outreach throughout South San Francisco; and
WHEREAS,according to Centers Disease Control and Prevention,COVID-19 is a virus in humans
causing respiratory illness which can be spread from person-to-person; and
WHEREAS,grant funding provided by the County of San Mateo will be used for outreach activities
including tabling,canvassing,flyering,1:1 engagement,phone banking,distribution of masks and promotion in
our social media channels; and
WHEREAS,Library staff will partner with the City EOC team to distribute accurate,life-saving
information and resources to help the prevention of COVID-19; and
WHEREAS,information about the prevention of COVID-19 will be available in a variety of languages,
including Chinese,English,Spanish and Tagalog,with special focus on hard-to-reach and vulnerable residents;
and
WHEREAS,the City Council of the City of South San Francisco desires to accept grant funding in the
amount of $19,950 from the County of San Mateo to support outreach and distribution of critical information to
help the prevention of COVID-19; and
WHEREAS,the grant funds will be used to amend Fiscal Year (FY)2021-2022 Operating Budget of the
Library Department via Budget Amendment 22.005.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does
hereby accept $19,950 in grant funding from the County of San Mateo and approve Budget Amendment 22.005
to amend the Library Department’s FY 2021-2022 Operating Budget in order to reflect an increase of $19,950.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-444 Agenda Date:6/9/2021
Version:1 Item #:8.
Report regarding a resolution authorizing acceptance of $5,000 grant from the Max and Victoria Dreyfus
Foundation,Inc.,via the South San Francisco Public Library Foundation,to support the purchase of 3D printers
for Library Makerspace programming and accepting Budget Amendment 21.054.(Adam Elsholz,Assistant
Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $5,000 in grant
funding from the Max and Victoria Dreyfus Foundation,Inc.(Dreyfus)via the South San Francisco
Public Library Foundation (SSFPL Foundation),to support purchase of 3D printers for Library
Makerspace programming.
BACKGROUND/DISCUSSION
In October 2020,the Library,via the SSFPL Foundation submitted an $8,000 grant request for replacement of
end-of-life 3D printers.On May 17,2021,we were notified of a $5,000 award for this purpose.Dreyfus
requires an awardee to be a 501(C)(3)nonprofit organization;thus,the award check was given to the SSFPL
Foundation for transfer to the City.
In 2016,two 3D printers fondly known as “Bert and Ernie”were purchased for the Main Library.Since this
time,in addition to classes and individualized instruction on using the printers,Bert and Ernie have fabricated
toys,signs,jewelry,prosthetics,replacement parts,household items and more.During the school year,staff has
provided 3D demonstrations in local schools;over the summer and winter breaks,3D printing is part of in-
library programming during children’s camp visits.Staff has spent more and more time on troubleshooting
problems and replacing or installing quick fixes for parts;it is time to replace these well-used pieces of
equipment.
Although the original request was for $8,000 to cover the cost of two Ultimaker3 3D printers,including tax,
shipping,and additional supplies,this award is $5,000.Staff will replace one of the printers immediately and
look for other funding sources to fill the gap.
FISCAL IMPACT
The $5,000 grant was awarded to the SSFPL Foundation,as a 501(c)(3)nonprofit organization,with the
understanding that the funds be transferred to the City to support Library operations.Funds will be used to
amend the Library Department’s FY 2020-2021 Operating Budget per Budget Amendment 21.054.Receipt of
these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Replacement of the library’s 3D printers and continuation of popular STEAM programming will address the
digital divide and provide enhanced literacy,technology and enrichment programming for our community.The
strengthening of learning programs fits in the City’s Strategic Plan under Priority #3: Quality of Life.
CONCLUSION
Receipt of these funds will enable the Library to continue to provide engaging STEAM programming and
learning opportunities for our community.It is recommended that the City Council accept $5,000 in grant
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learning opportunities for our community.It is recommended that the City Council accept $5,000 in grant
funding and approving Budget Amendment 21.054.
City of South San Francisco Printed on 6/4/2021Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-445 Agenda Date:6/9/2021
Version:1 Item #:8a.
Resolution authorizing acceptance of a $5,000 grant from the Max and Victoria Dreyfus Foundation,Inc.,via
the South San Francisco Public Library Foundation,to support the purchase of 3D printers for Library
Makerspace programming and accepting Budget Amendment 21.054.
WHEREAS,the South San Francisco Public Library Foundation is a 501(c)(3)nonprofit organization
dedicated to supporting the South San Francisco Public Library; and
WHEREAS,the Max and Victoria Dreyfus Foundation has awarded $5,000 in grant funding to the
South San Francisco Public Library Foundation to support the purchase of 3D printers for Library Makerspace
programming; and
WHEREAS,the SSFPL Foundation will turn over the grant funds to the City of South San Francisco;
and
WHEREAS,grant funding would be used to replace the library’s 3D printers and continuation of
popular STEAM programming including 3D demonstration for class and camp visits; and
WHEREAS,replacement of the library’s 3D printers and continuation of popular STEAM programming
will address the digital divide and provide enhanced literacy,technology and enrichment programming for our
community; and
WHEREAS,grant funding will be used to amend the Library Department’s Fiscal Year 2020-21
Operating Budget per Budget Amendment 21.054.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby accepts $5,000 in grant funding from the Max and Victoria Dreyfus Foundation,Inc.
via the South San Francisco Public Library Foundation to support the purchase of 3D printers for Library
Makerspace programming and approves Budget Amendment 21.054.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-446 Agenda Date:6/9/2021
Version:1 Item #:9.
Report regarding a resolution authorizing the acceptance of $3,750 in grant funding from David and Lucile
Packard Foundation to be used in implementing the Stay &Play Program for Family,Friends and Neighbors
(FFN)informal caregivers of young children at South San Francisco Public Library and approving Budget
Amendment 21.053. (Adam Elsholz, Assistant Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $3,750 in grant
funding from David and Lucile Packard Foundation to implement the Stay &Play Program for Family,
Friends and Neighbors (FFN)informal caregivers of young children and approving Budget Amendment
21.053.
BACKGROUND/DISCUSSION
On January 19,2021,library staff applied for the Stay &Play Program,which aims to support the needs of
informal child caregivers,also referred to as Family,Friends and Neighbors or FFNs.Stay &Play builds on
early literacy learning foundations and best practices from the California State Library’s Early Learning with
Families (ELF)statewide initiative supporting the continued evolution of library services to young children,
their families and their caregivers.
On February 10,2021,the South San Francisco Library was chosen as one of the libraries to receive training
and given financial support to implement programming to support FFNs.On May 24,we received notification
we will be provided $3,750 in grant funding for Fall 2021 programming.
Grand Avenue Branch Library plans to implement hybrid programming with a combination of outdoor and in-
library programs that will follow CDC,state and city safety guidelines,and/or virtual programming to FFNs
and their young children.
Stay & Play is made possible with funding from the David and Lucile Packard Foundation
<https://www.packard.org/>. This project is supported in part by the U.S. Institute of Museum and Library
Services under the provisions of the Library Services and Technology Act, administered in California by the
State Librarian.
FISCAL IMPACT
Grant funds will be used to amend the Library Department’s current FY 2020-21 Operating Budget per Budget
Amendment 21.053.Funds not expended in FY 2020-21 will be carried over into Fiscal Year 2021-22.Receipt
of these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Stay &Play will provide enhanced literacy and enrichment programming.The strengthening of learning
programs is an action item in the City Strategic Plan under Priority #3:Quality of Life under Universal Early
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Learning.
CONCLUSION
Receipt of these funds will enable the Library to provide Stay &Play programming outdoors and in-library
and/or virtually to South San Francisco FFNs.It is recommended that the City Council accept $3,750 in grant
funding and approve Budget Amendment 21.053.
City of South San Francisco Printed on 6/4/2021Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-447 Agenda Date:6/9/2021
Version:1 Item #:9a.
Resolution authorizing the acceptance of $3,750 in grant funding from David and Lucile Packard Foundation to
be used in implementing the Stay &Play Program for Family,Friends and Neighbors (FFN)informal
caregivers of young children at South San Francisco Public Library and approving Budget Amendment 21.053.
WHEREAS,the Library Department’s Five Year Strategic Plan includes a goal of strengthening
community quality of life by the strengthening of learning programs; and
WHEREAS,the Library Department was awarded grant funding from David and Lucile Packard
Foundation in amount of $3,750 to be used in implementing the Stay &Play Program for Family,Friends and
Neighbors; and
WHEREAS,Stay &Play builds on early literacy learning foundations and best practices from the
California State Library’s Early Learning with Families (ELF)statewide initiative supporting the continued
evolution of library services to young children, their families and their caregivers; and
WHEREAS,grant funding would be used by the Grand Avenue Library to implement virtual and hybrid
programming with a combination of outdoor and in-library programs; and
WHEREAS,grant funding will be used to amend the Library Department’s Fiscal Year 2020-21
Operating Budget per Budget Amendment 21.053.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby accepts $3,750 in grant funding from the David and Lucile Packard Foundation to be
used in implementing Stay &Play Program for Family,Friends and Neighbors informal caregivers of young
children at South San Francisco Public Library and approve Budget Amendment 21.053.
*****
City of South San Francisco Printed on 8/3/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-467 Agenda Date:6/9/2021
Version:1 Item #:10.
Report regarding a resolution approving the renewal of a Consulting Services Agreement with Townsend Public
Affairs for grant writing services on various capital improvements,development,and social service projects for
a one-year term in an amount not to exceed $60,000.(Christina Fernandez, Assistant to the City Manager)
RECOMMENDATION
It is recommended that the City Council approve a resolution renewing a Consulting Services Agreement
with Townsend Public Affairs for grant writing services on various capital improvements,development,
and social service projects for a one-year term in an amount not to exceed $60,000.
BACKGROUND/DISCUSSION
On April 13,2017,the City issued a Request for Proposals for grant writing services on various city projects.A
staff committee selected Townsend Public Affairs (TPA)as the best qualified based on their presentation,
project understanding,experience with similar projects,and value.The consulting services agreement with
Townsend Public Affairs were included as an assumption in the City of South San Francisco’s General Fund
Non-Departmental operating budget for Fiscal Year 2017-2018 through 2020-2021.
Townsend Public Affairs continues to provide essential legislative guidance and analysis in Sacramento. The
City also relies on TPA for their assistance in identifying grant opportunities and assisting with writing and
submitting state agency grant proposals. Over the course of their contract, TPA has secured $3,773,742.
While not a comprehensive list, TPA has assisted in securing the following grant awards:
·California Transportation Commission: Active Transportation Program Grant - $868,000
o Project:Linden/Spruce Avenue Traffic Calming Improvement Project
·San Mateo County Transportation Authority: Measure A Pedestrian and Bicycle Program Grant -
$658,000
o Project:Sunshine Gardens Traffic Calming Improvement Project
·California Department of Housing and Community Development: Housing Related Parks
Program Grant - $256,950
o Project:Municipal Park Rehabilitation & Maintenance
·Metropolitan Transportation Commission (MTC) One Bay Area Grant 2 (OBAG) - $1,000,000
o Project:Grand Boulevard Initiative
·San Mateo C/CAG: Transportation Development Act (TDA) Grant - $350,000
o Project: South San Francisco Regional Bike Network: North
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·San Mateo County Transportation Authority Measure A Grant Program - $206,000
o Project:Railroad Avenue Extension Project
·2021 San Mateo C/CAG: Transportation Development Act (TDA) Lifeline Grant - $80,000
o Project: South San Francisco Free Shuttle Enhancements Project
Pending Grant Award Announcements
·2021 Department of Parks and Recreation: Statewide Parks Program - $4,000,000
o Project:South San Francisco Civic Campus Park Project
·2021 CalFire Fire Prevention Grant Program - $500,000
o Project:South San Francisco Sign Hill Fire Prevention Project
COVID-19 presented many challenges and opportunities in Sacramento and Washington,D.C.Over the past
year,TPA has daily updates on state assistance and federal stimulus packages available to our residents,small
businesses,and community members.TPA has been extremely helpful in keeping our staff up to date on the
most relevant opportunities for funding and assistance.
In order to provide continuity of services during the pandemic,city staff is requesting a one-year extension of
the Townsend Public Affairs contract for legislative and grant writing services.This one-year extension ensures
that ongoing work related to grants and other COVID-19 response issues are uninterrupted during the
pandemic.Staff intends to reevaluate our grant writing and legislative needs with a Request for Proposal in
March 2022 with the intention of going to Council with a new contract in June 2022.
FISCAL IMPACT
The one-year renewal in the amount of $60,000 for grant writing services is included as an assumption in the
General Fund Non-Departmental operating budget for FY 2021-2022.
RELATIONSHIP TO STRATEGIC PLAN
Providing the City with professional grant writing and legislative services meet strategic plan goals of
identifying and pursuing grant opportunities to ensure the financial stability and economic vitality of our city.
CONCLUSION
It is recommended that the City Council approve a resolution renewing a Consulting Services Agreement
with Townsend Public Affairs for grant writing services on various capital improvements,development,
and social service projects for a one-year term in an amount not to exceed $60,000.
Attachment: Townsend Public Affairs Achievement Memo for South San Francisco
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
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M E M O R A N D U M
To: Mike Futrell, City Manager, City of South San Francisco
From: Christopher Townsend, President, Townsend Public Affairs, Inc.
Niccolo De Luca, Senior Director, Townsend Public Affairs, Inc.
Alex Gibbs, Senior Associate, Townsend Public Affairs, Inc.
Date: June 2, 2021
Subject: Townsend Public Affairs Achievement Memo for South San Francisco
Past Grant Funding Achievements
TPA’s efforts for these successful competitive grant applications includes serving as the
application lead, attending relevant workshops hosted by the funding agency, providing technical
support to City staff, drafting grant narrative, securing necessary signatures from City staff and
elected officials, assembling and submitting hard copies of the application, direct interaction with
the funding agency before and after submission, and then providing detailed political strategy to
secure support from the elected leaders in the region and State to ensure success. TPA has also
followed up with City staff to provide grant administration when necessary.
The total funding amount secured to date is $3,773 ,742
California Transportation Commission: Active Transportation Program Grant - $868,000
• Project: Linden/Spruce Avenue Traffic Calming Improvement Project
San Mateo County Transportation Authority: Measure A Pedestrian and Bicycle Program
Grant - $658,000
• Project: Sunshine Gardens Traffic Calming Improvement Project
California Department of Housing and Community Development: Housing Related Parks
Program Grant - $256,950
• Project: Municipal Park Rehabilitation & Maintenance
Metropolitan Transportation Commission (MTC) One Bay Area Grant 2 (OBAG) - $1,000,000
• Project: Grand Boulevard Initiative
San Mateo C/CAG: Transportation Development Act (TDA) Grant - $350,000
• Project: South San Francisco Regional Bike Network: North
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
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San Mateo County Transportation Authority Measure A Grant Program - $206,000
• Project: Railroad Avenue Extension Project
2021 San Mateo C/CAG: Transportation Development Act (TDA) Lifeline Grant - $80,000
• Project: South San Francisco Free Shuttle Enhancements Project
Pending Grant Award Announcements
2021 Department of Parks and Recreation: Statewide Parks Program - $4,000,000
• Project: South San Francisco Civic Campus Park Project
2021 CalFire Fire Prevention Grant Program - $500,000
• Project: South San Francisco Sign Hill Fire Prevention Project
2021 Legislative Advocacy
In addition to grant funding success, Townsend Public Affairs has also successfully lobbied on
dozens of bills in Sacramento that the City has supported or opposed and kept staff regularly
updated of our efforts. For calendar year2021 our efforts have included the following:
COVID-19 Funding Relief
• TPA has worked closely with both South San Francisco’s state and federal legislative
delegation on COVID-19 funding relief efforts. This also includes intensive daily updates
to the City Manager’s office and staff.
State Legislative Efforts
• TPA has worked closely with city staff and members of the City’s state legislative
delegation on vehicle license fee (VLF) reimbursement efforts to ensure the City is
receiving it’s appropriate share of funding.
• TPA continues to work on California State Budget directed spending requests, including
a direct funding allocation for South San Francisco library capital and equipment
improvements.
• TPA continues to work closely with Asm. Mullin and staff on a California State Climate
Bond, which could provide much needed funding to combat sea level rise and other
municipal priorities.
• TPA continues to work with the City’s federal legislative delegation to support funding
efforts for the South San Francisco GLYDWAYS project.
• TPA continues to work closely with City staff and provide updates on priority bills, including
detailed legislative analysis, proposed recommendations, draft support and/or opposition
letters and provide testimony during bill hearings.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-476 Agenda Date:6/9/2021
Version:1 Item #:10a.
Resolution approving the renewal of a Consulting Services Agreement with Townsend Public Affairs for grant
writing services on various capital improvements,development,and social service projects for a one-year term
in an amount not to exceed $60,000.
WHEREAS,on April 13,2017,the City of South San Francisco (“City”)issued a Request for Proposals
for grant writing services on various City projects; and
WHEREAS,a staff committee selected Townsend Public Affairs (“TPA”)as the best qualified based on
their presentation, project understanding, experience with similar projects, and value; and
WHEREAS,TPA was included as an assumption in the City’s General Fund Non-Departmental
operating budget for Fiscal Year 2017-2018 through 2020-2021; and
WHEREAS, TPA continues to provide essential legislative guidance and analysis in Sacramento; and
WHEREAS,the City relies on TPA for assistance in identifying grant opportunities and assisting with
writing and submitting state agency grant proposals; and
WHEREAS, over the course of their contract, TPA has assisted with several grants; and
WHEREAS,over the past year,throughout the COVID-19 pandemic,TPA has provided daily updates
on state assistance and federal stimulus packages available to our residents,small businesses,and community
members; and
WHEREAS,TPA has been helpful in keeping City staff up to date on the most relevant opportunities for
funding and assistance; and
WHEREAS,a one-year extension of the TPA contract for legislative and grant writing services will
provide continuity of services during the pandemic,and ensures that ongoing work related to grants and other
COVID-19 response issues are uninterrupted during the pandemic; and
WHEREAS,the City Council now desires to approve the renewal of a Consulting Services Agreement
with TPA for grant writing services on various capital improvements,development,and social service projects
for a one-year term in an amount not to exceed $60,000.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco
hereby authorizes the renewal of a Consulting Services Agreement with Townsend Public Affairs for grant
writing services on various capital improvements,development,and social service projects for a one-year term
in an amount not to exceed $60,000.
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File #:21-476 Agenda Date:6/9/2021
Version:1 Item #:10a.
BE IT FURTHER RESOLVED,that the City Council authorizes the City Manager to take any other
actions necessary to carry out the intent of this resolution on behalf of the City Council,subject to approval as
to form by the City Attorney.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-471 Agenda Date:6/9/2021
Version:1 Item #:11.
Report regarding a resolution approving the acceptance of grant funds from the California Department of
Education’s After School Education and Safety Program to be granted over a three-year term in the amount of
$247,695 per year for a total grant amount of $743,085,and amending the Parks and Recreation Department
and Library Department Fiscal Year 2021-22,2022-23 and 2023-24 Operating Budgets pursuant to budget
amendment #22.004.(Greg Mediati, Parks and Recreation Deputy Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the acceptance of grant funds
from the California Department of Education’s After School Education and Safety Program to be
granted over a three-year term in the amount of $247,695 per year for a total grant amount of $743,085,
and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-22,2022
-23 and 2023-24 Operating Budgets pursuant to budget amendment #22.004.
BACKGROUND/DISCUSSION
In November 2002,California voters passed Proposition 49,authorizing the After School Education and Safety
(ASES)program,which mandated that $550 million each year be made available for kindergarten through
ninth grade after school programs.This program is managed by the California Department of Education with
the goal of supporting local agency efforts to provide additional educational support for youth in a safe,no-cost
and constructive environment.
The Parks and Recreation Department’s REAL Programs at Los Cerritos and Martin Elementary Schools,and
the Library Homework Club at the Community Learning Center (CLC)have been participating in this grant
since Fiscal Year 2006-07.This program requires close coordination between the school site principals and City
staff to integrate the program’s and school’s curriculum.Programs must include an educational and literacy
element through tutoring and/or homework assistance,and education enrichment through activities such as art,
music,physical education,and general recreation.There is an evaluation and tracking component required to
monitor program effectiveness.
These programs are offered at no cost to the participants at Title 1 schools.In a typical year,this program
provides 175-185 students with free academic support and after school care.
COVID-19 Impact
ASES grant funding has remained stable throughout COVID-19,even when programs were closed to in-person
services from mid-March 2020 through the end of the 2019-2020 school year in May 2020.Although staff
could no longer provide in-person services,staff immediately pivoted to connecting with participants virtually
and distributed educational activity packets.Expenses for modified virtual learning (staffing and materials)
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File #:21-471 Agenda Date:6/9/2021
Version:1 Item #:11.
and distributed educational activity packets.Expenses for modified virtual learning (staffing and materials)
during this time were covered by grant funds.
With the 2020-21 school year being offered via distance learning for most of the year,the Parks and Recreation
Department and Library were allowed to resume in-person services for the REAL Program and Homework
Club at limited capacity and following State and local public health guidance.The Parks and Recreation
Department was able to transition the REAL Program from an after school program to a full day program
during the 2020-21 school year in order to support students during distance learning as well as provide after
school care and homework support.In-person services at these two sites supported 48 students most in-need of
assistance.The cost for the extended hours was subsidized by the City’s General Fund and made possible
thanks to a budget offset from CARES (Coronavirus Aid,Relief,and.Economic Security)Act funding,and
support by the City Manager and City Council.Despite increased operational costs,program tuition remained
free.
Working closely with Spruce Elementary School administration,the Homework Club at the Community
Learning Center became a “Learning Hub,”supporting 40 students through live distance learning on weekday
mornings.The Community Learning Center also offered workshops to families needing assistance in
navigating the distance learning model.Additional resources featured during workshops included services
offered by the Parks and Recreation and Library Departments,and by the Boys and Girls Clubs of North San
Mateo County.
While the format of schools in the 2021-22 school year is still to be determined,the South San Francisco
Unified School District is projecting a return to normal.Staff does not anticipate the need to continue full day
programming for the REAL Program or the Homework Club.
FISCAL IMPACT
The California Department of Education has approved the City’s ASES Program Request for Renewal
Application for a three-year term,beginning July 1,2021 through June 30,2024.The grant amount is $247,695
per year,totaling $743,085 over three years.Acceptance of this grant is crucial to sustaining the after school
programs provided at Martin Elementary School,Los Cerritos Elementary School,and the Homework Club at
the Community Learning Center.These programs have minimal impact to the General Fund.Any costs to the
General Fund are absorbed by the Parks and Recreation Department and Library Department Operating
Budgets, and include overhead costs for administrative oversight of the grant and grant-funded programs.
Of the $247,695 to operate the three program sites,the Library’s portion is $86,693 and the Parks and
Recreation Department’s portion is $161,002.The grant includes overhead costs for administrative oversight of
the grant and grant-funded programs.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of these grant funds will contribute to the City’s Strategic Plan under Priority #2 by
helping to build a robust recreation program and strengthening early learning programs.
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File #:21-471 Agenda Date:6/9/2021
Version:1 Item #:11.
CONCLUSION
It is recommended that the City Council authorize the acceptance of the California Department of Education
grant funds in the amount of $247,695 per year for a total grant amount of $743,085,and amending the Parks
and Recreation Department and Library Department Fiscal Year 2021-22,2022-23 and 2023-24 Operating
Budgets.Acceptance of this grant will allow the Parks and Recreation Department and Library to continue to
operate the REAL Program at Martin and Los Cerritos Elementary Schools and the Homework Club at the
Community Learning Center, thereby providing 175-185 students with no-cost academic support.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-472 Agenda Date:6/9/2021
Version:1 Item #:11a.
Resolution approving the acceptance of grant funds from the California Department of Education’s After
School Education and Safety Program to be granted over a three-year term in the amount of $247,695 per year
for a total grant amount of $743,085,and amending the Parks and Recreation Department and Library
Department Fiscal Year 2021-22,2022-23 and 2023-24 Operating Budgets pursuant to budget amendment
#22.004.
WHEREAS,the After School Education and Safety Program (ASES)is a program under the California
Department of Education,with the goal of supporting local efforts to improve assistance to students and
broaden the base of support for education in a safe, constructive environment; and
WHEREAS,the Parks and Recreation Department has been the recipient of ASES grant funding since
Fiscal Year (FY) 2006-07; and
WHEREAS,the ASES grant provides crucial funding to sustain the after school programs at Martin
Elementary School,Los Cerritos Elementary School,and the Homework Club (for Spruce Elementary School)
at the Community Learning Center; and
WHEREAS,the Parks and Recreation Department and the Library Department collaborate on the
Homework Club program offered at the Community Learning Center; and
WHEREAS,receipt of the grant funds will be used to amend the Parks and Recreation Department’s
Operating Budget to reflect $161,002 in grant funds received per year,and the Library Department’s Operating
Budget to reflect $86,693 in grant funds received per year in Fiscal Years 2021-2022,2022-2023 and 2023-
2024, pursuant to budget amendment number #22.004; and
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco
hereby accepts grant funds from the After School Education and Safety Grant to be granted over a three-year
term in the amount of $247,695 per year for a total grant amount of $743,085,and amends the Parks and
Recreation Department’s Operating Budget to reflect $161,002 in grant funds received per year,and the Library
Department’s Operating Budget to reflect $86,693 in grant funds received per year in Fiscal Years 2021-22,
2022-23 and 2023-24, pursuant to budget amendment number #22.004
BE IT FURTHER RESOLVED,that the City Council authorizes the City Manager to execute the
documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of
this resolution on behalf of the City Council, subject to approval as to form by the City Attorney.
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File #:21-472 Agenda Date:6/9/2021
Version:1 Item #:11a.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-436 Agenda Date:6/9/2021
Version:1 Item #:12.
Report regarding a resolution authorizing the acceptance of $217,980 in grant funding from the California
Department of Housing and Community Development through the Permanent Local Housing Allocation
(PLHA)program,approving Budget Amendment 21.052,and approving Budget Amendment 21.055 for
associated administrative costs.(Deanna Talavera, Management Analyst II)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting grant funding in the amount of
$217,980 from the California Department of Housing and Community Development through the
Permanent Local Housing Allocation (PLHA)program,approving Budget Amendment 21.052,and
Budget Amendment 21.055 for associated administrative costs.
BACKGROUND
The Permanent Local Housing Allocation (PLHA)grant originates from the State of California Building Homes
and Jobs Act (also referred to as SB 2),which is intended to help local governments implement plans to
increase its affordable housing stock.Revenue is generated under SB 2 through recording fees on real estate
transactions and will, therefore, vary from year to year depending upon activity.
SB 2 directs the California Department of Housing and Community Development (HCD)to use 70%of the
revenue collected as a result of the legislation to provide financial assistance to local governments for eligible
housing-related projects and programs to assist in addressing the unmet housing needs of their local
communities.The PLHA program is an entitlement,meaning each jurisdiction in the State may receive a
formula award if it applies for a qualifying purpose.
HCD estimates the City will receive approximately $1,307,888 in PLHA entitlement,over a five-year period.
The actual amount of funding will vary each year based on real estate transaction activity throughout the State.
DISCUSSION
In June 2020,staff presented to Council a draft PLHA application allocating the five-year grant for specific
eligible activities including the predevelopment,development,acquisition,rehabilitation,and preservation of
multifamily,residential live-work,ownership and rental housing and rental assistance.At that time,City
Council approved a resolution authorizing staff to apply for PLHA grant funding.In May 2021,HCD awarded
the City its first year of PLHA entitlement.
According to HCD program guidelines, the City must pass a resolution to formally accept and appropriate the
PLHA funds. This allows the City to designate the funds toward the eligible activities and programs outlined in
our application.
At this time, the Council is being asked to adopt the required resolution to accept and appropriate the City’s
first year of PLHA entitlement, which is $217,980. As contemplated in the grant application, the first year’s
allocation will be put toward rental assistance.
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File #:21-436 Agenda Date:6/9/2021
Version:1 Item #:12.
As context for the current Council action to accept PLHA grant funds, it may be helpful to review the City’s
rental assistance program. (Note that staff recently updated the Council on rental assistance efforts, and will
continue to provide periodic updates.) During the past 14 months, the City has dedicated $500,000 for rental
assistance. Over the course of the pandemic, requests for rent relief have been fivefold of what YMCA, the
City’s core agency normally sees. In addition to PLHA grant funds, the State recently launched a rental relief
program, which funds COVID-related rent relief directly. However, to date, less than 1% of that rent relief has
been disbursed and tenants and landlords face numerous barriers with the current application process. For that
reason, there continues to be a need for local City funds to support residents who need assistance with rent and
are at risk of eviction. As of June 2, 2021, a total of $418,000 of local City funds has been spent with only
$82,000 remaining for rental assistance. The YMCA anticipates that these funds will be expended once the
eviction moratorium expires on June 30th. Combined with the PLHA allocation of $217,980, the rental
assistance program will have a total balance of $299,980.
The City Council may reallocate unspent and future funds of the PLHA grant by amending and approving a
revised allocation plan and submit it to HCD for approval.
FISCAL IMPACT
There is no impact to the General Fund of accepting this grant.The PLHA grant funds will be used to amend
either the FY 2020-21 or FY 2021-22 operating budget for the Economic and Community Development
Department,depending on the date of the grant fund disbursement.Budget Amendment 21.055 will appropriate
$37,500 from the City’s Low and Moderate Income Housing Fund (Fund 241)for costs associated with
administering the Rental Assistance Program.
CONCLUSION
Receipt of these funds will support the City’s goal of producing and preserving affordable housing in South San
Francisco.It is recommended that the City Council accept $217,980 in grant funding,approve Budget
Amendment 21.052, and Budget Amendment 21.055 for associated administrative costs.
City of South San Francisco Printed on 6/4/2021Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-437 Agenda Date:6/9/2021
Version:1 Item #:12a.
Resolution authorizing the acceptance of $217,980 in grant funding from the California Department of Housing
and Community Development to provide financial assistance to local governments for eligible housing-related
projects through the Permanent Local Housing Allocation (PLHA)program,approving Budget Amendment
21.052, and approving Budget Amendment 21.055 for associated administrative costs.
WHEREAS,the City of South San Francisco Strategic Plan includes promoting and preserving a
balanced mix of housing options in South San Francisco; and
WHEREAS,in March 2021 the California Department of Housing and Community Development has
awarded the City of South San Francisco a grant in the amount of $217,980 to provide financial assistance for
eligible housing-related projects; and
WHEREAS,the funds will be used for predevelopment,development,acquisition,rehabilitation,and
preservation of multifamily,residential live-work,rental housing that is affordable to extremely low-,very low
-,low-,or moderate-income households,predevelopment,development,acquisition,rehabilitation,and
preservation of multifamily,residential live-work,rental housing that is affordable to extremely low-,very low
-, low-, or moderate-income households; and
WHEREAS,staff recommends the acceptance of grant funding in the amount of $217,980 from the
California Department of Housing and Community Development to support the production and preservation of
affordable housing in the City; and
WHEREAS,the appropriation of $37,500 from the City’s Low and Moderate Income Housing Fund
will be used for the associated administration of the Emergency Rental Housing Assistance Program supported
by the grant; and
WHEREAS,the foregoing grant funds will be used to amend either the FY 20-21 or FY 21-22 operating
budget of the Economic and Community Development Department, depending on the date of disbursement.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby accepts $217,980 in grant funding from the California Department of Housing and
Community Development Permanent Local Housing Allocation (PLHA)program,and amends the Economic
and Community Development Department FY 2020-21 or the FY 2021-2022 operating budget through Budget
Amendment 21.052 in order to reflect an increase of $217,980 and approving Budget Amendment 21.055 for
associated administrative expenses.
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File #:21-437 Agenda Date:6/9/2021
Version:1 Item #:12a.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-327 Agenda Date:6/9/2021
Version:1 Item #:13.
Report regarding adoption of a resolution authorizing the City Manager to execute a Letter of Engagement with
the law firm Squire Patton Boggs to extend an existing contract for national advocacy and policy services,for a
term through June 2022 and for an amount not to exceed $150,000 (Christina Fernandez,Assistant to the City
Manager)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a
Letter of Engagement with the law firm Squire Patton Boggs to extend an existing contract for national
advocacy and policy services for a term through June 2022 and for an amount not to exceed $150,000.
BACKGROUND/DISCUSSION
Square Patton Boggs has provided the City of South San Francisco with national advocacy and
policy services since 2017. The City entered into agreements with the Washington, D.C. firm with the
purpose of engaging a federal government relations advocate to assist the City on pending and future
federal issues.
Since engagement, Squire Patton Boggs has regularly interacted with staff, summarized as follows:
·Provided summaries of new federal bills and important federal policy positions, including
analyses of President Biden’s First 100 Days, Congressional budgets, and the State of the
Union address. Additionally, SPB provided analysis and guidance on the following landmark
pieces of legislation and federal relief packages:
·Coronavirus State and Local Fiscal Recovery Funds
·American Rescue Plan and Implementation Guidelines
·Surface Transportation Reauthorization Act of 2021
·American Families Plan
·Rebuilding American Infrastructure with Sustainability and Equity
·CARES Act Funding and Implementation
·Provided technical assistance and advocacy as the City developed a memorandum of
understanding (MOU) with the U.S. Army Corps of Engineers (USACE) relative to sea level
rise; the City’s sea level rise project is approved by USACE and included in the Water
Resources Development Act (WRDA); and any accompanying funding requests are
proactively pursued by Squire Patton Boggs for submission.
·Regularly provided staff with notice of federal grant funding opportunities with key deadlines
and summaries.
·Provided advice and research as necessary on federal issues.
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File #:21-327 Agenda Date:6/9/2021
Version:1 Item #:13.
Squire Patton Boggs continues to identify and pursue funding opportunities on behalf of the City.
Current and future efforts include:
Federal advocacy for local government financial assistance related to COVID-19
Squire Patton Boggs provides real time information regarding federal stimulus packages as it relates
to COVID-19 and potential opportunities for financial assistance. Economic Development briefs
targeted at providing financial assistance for small and medium sized businesses impacted by COVID
-19 are provided, analyzed, and disseminated.
Congressionally Directed Funding Requests
Squire Patton Boggs provides guidance and analysis on the coordination, review, and submission of
Congressionally Directed Funding Requests. In FY 2022, Squire Patton Boggs assisted in submitting
Congressionally Directed Funding Requests on behalf of the City to Senator Dianne Feinstein and
Senator Alex Padilla. Congressionally Directed Funding requests included projects related to
workforce development, small business assistance, large transportation capital projects, stormwater
capture and recycled water, and dynamic mass transit.
Continued advocacy on Sea Level Rise work
U.S. Army Corps of Engineers - Continuing Authorities Program (CAP) provides the City a
grant of $50,000 in order to assist in a Feasibility Study to plan and potentially construct small
coastal storm damage reduction projects.
U.S. Army Corps of Engineers - Memorandum of Agreement provides the City with technical
assistance in improving flood risk management at Colma and San Bruno Creeks.
Squire Patton Boggs provides the national advocacy and policy advisory services needed in order to
aggressively compete for federal funds. COVID-19 provided four stimulus packages totaling over $4
trillion. Thanks to collective advocacy efforts of local governments nationwide, the federal
government did include $45.6B in direct funding for metropolitan cities in the American Rescue Plan.
Squire Patton Boggs continues to keep the City apprised of any opportunities for relief and provides
the City with guidance in its pursuit of applicable COVID-19 relief.
A draft engagement letter for 2021-2022 is attached as Exhibit A to the accompanying resolution.
FISCAL IMPACT
Squire Patton Boggs charges a flat rate of $12,500 per month, requiring a total not to exceed the
amount of $150,000 including expenses through June 30, 2022. Funding for this agreement is subject
to the City’s Fiscal Year 2021-22 budget process.
RELATIONSHIP TO STRATEGIC PLAN
Approval of this resolution meets the City’s strategic goals of economic vitality and financial stability.
CONCLUSION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a Letter of
Engagement with the law firm Squire Patton Boggs to extend an existing contract for national advocacy and
policy services for a term through June 2022 and for an amount not to exceed $150,000.
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File #:21-327 Agenda Date:6/9/2021
Version:1 Item #:13.
Attachment:
1.Letter of Engagement - 2021-22
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Squire Patton Boggs (US) LLP
2550 M Street, NW
Washington, D.C. 20037
O +1 202 457 6000
F +1 202 457 6315
squirepattonboggs.com
Carolina Mederos
T +1 202 457 5653
carolina.mederos@squirepb.com
45 Offices in 20 Countries
Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate
legal entities.
Please visit squirepattonboggs.com for more information.
April 15, 2021
Mike Futrell
City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Re:City of South San Francisco Engagement
Dear Mr. Futrell:
We thank you for the opportunity to represent the City of South San Francisco, California with
respect to public policy matters in Congress and the Executive Branch related to federal funding.
A written engagement agreement is required or recommended by the law of professional ethics
in the jurisdictions in which we practice law. The engagement agreement between us consists of
this letter and the enclosed Standard Terms and Conditions of Engagement (“Standard Terms”).
In case of any contradiction between this letter and the Standard Terms, this letter controls for
purposes of this representation. The engagement agreement is designed to address our
responsibilities to each other and to outline for you certain important matters that are best
established early as we form an attorney-client relationship with you in this matter.
The engagement agreement responds to requirements in the rules of professional ethics and is
intended to achieve a better understanding between us. We request that you review this
agreement carefully. By proceeding with this engagement you will be indicating to us that you
have done so. It is important that you review and understand the terms of our relationship, such
as the section on “Conflicts of Interest.”
Based on our current understanding of the proposed representation the fee for the representation
described in this engagement agreement will be $12,500 monthly from July 1, 2021 through June
30, 2022. In addition, we will bill you for disbursements incurred in connection with our work.
Please note that, under our Standard Terms, invoices for our fees are payable within thirty days
of the date of our statement.
Any of the following alternative methods for acceptance of this engagement agreement will be
effective: (i) signing and returning the copy of this letter that is enclosed for that purpose, or (ii)
assigning us work, including continuing any previous assignment of work, or (iii) sending us a
Mike Futrell
City of South San Francisco
April 15, 2021
2
Squire Patton Boggs (US) LLP
letter or e-mail clearly referencing this engagement agreement and agreeing to it. However, even
if you accept this engagement agreement by methods (ii) or (iii), I would appreciate it if you would
confirm your acceptance by countersigning the enclosed copy of this letter and returning it to me.
If you do not agree with one or more of the provisions of the engagement agreement, please
contact me so that we can try to address your concerns. As explained in the attached Standard
Terms, you can terminate our services at any time. Of course, if you have any questions or
concerns regarding the foregoing, please call me.
You should also feel free to consult with independent counsel before signing. Throughout our
relationship, we want you to be satisfied with the professional services that we perform on your
behalf. Accordingly, we encourage you to contact us just as soon as you have any questions or
concerns regarding our services or our fees.
Sincerely,
Squire Patton Boggs (US) LLP
Carolina Mederos
Jeffrey L. Turner
Letter and Standard Terms Accepted,
including section on “Conflicts of Interest”
and “Public Policy Practice”
[NAME OF CLIENT ENTITY]
By:
Name of individual client representative
Title:
Date: _____________ __, 20__
Mike Futrell
City of South San Francisco
April 15, 2021
3
Squire Patton Boggs (US) LLP
Enclosure
Standard Terms and Conditions of Engagement Applicable Worldwide
The engagement agreement with you includes
the accompanying cover letter and, as
applicable, any separate Matter
Acknowledgment Letter (collectively and
individually “Engagement Letter”). It also
consists of these additional Terms and
Conditions of Engagement applicable
worldwide and any Terms and Conditions of
Engagement applicable for particular
jurisdictions (collectively and individually
“Standard Terms and Conditions of
Engagement” or “Standard Terms”). The
engagement agreement is the means by which
you are retaining the Firm (as defined in these
Standard Terms) to provide legal services.
“You” and “yours” refers to our client(s) defined
more fully below in the section entitled WHO IS
OUR CLIENT. For your convenience, set forth
below are the topics covered in these Standard
Terms:
The Firm .................................................... 1
What Professionals Will Provide the
Legal Services? ......................................... 2
Our Services to You ................................... 2
Who is Our Client? ..................................... 3
Conflicts of Interest .................................... 3
Public Policy Practice ................................. 5
Requesting Legal Services Activates
Engagement Terms ................................... 5
Termination of Representation ................... 6
How We Set Our Fees ............................... 7
Other Charges ........................................... 7
Billing Arrangements and Payment
Terms ........................................................ 8
Taxes ......................................................... 9
Data Protection and Privacy ....................... 9
Client and Firm Documents ...................... 10
Equality and Diversity ............................... 11
1 Squire Patton Boggs (US) LLP is a limited liability partnership
organized under the laws of the State of Ohio, USA.
2 Squire Patton Boggs (UK) LLP (trading as Squire Patton Boggs)
is a Limited Liability Partnership registered in England and
Wales with number OC 335584 authorised and regulated by the
Solicitors Regulation Authority. A list of the members and their
professional qualifications is open to inspection at 7 Devonshire
Square, London, EC2M 4YH.
Disclosure of Your Name ......................... 11
Squire Patton Boggs Attorney/Client
Privilege ................................................... 11
Severability .............................................. 11
Primacy .................................................... 11
Entire Agreement ..................................... 11
Interpretations .......................................... 12
Governing Law, Courts and Bar
Associations ............................................. 12
In Conclusion ........................................... 12
THE FIRM
“Squire Patton Boggs” is the collective trade
name for an international legal practice
comprised of partnerships or other entities
authorized to practice law in various nations or
other jurisdictions. The “Firm” means Squire
Patton Boggs (US) LLP,1 Squire Patton Boggs
(UK) LLP,2 Squire Patton Boggs (AU),3 or
Squire Patton Boggs (MEA) LLP,4 and/or an
affiliate listed at
https://www.squirepattonboggs.com/en/footer/
legal-notices in all cases including the entity or
entities lawfully permitted to practice law in the
jurisdiction or jurisdictions necessary or
appropriate to provide your legal services.
Your engagement in this instance is with the
entity5 which sent you these Standard Terms
and, as applicable, with such other Squire
Patton Boggs entity or entities necessary or
appropriate for your legal services, in which
case the entity which sent you these Standard
Terms is acting on their behalf. These
Standard Terms apply to your relationship with
all Squire Patton Boggs entities which provide
you services. “We” or “us” or “our” refer not
only to the entity sending you these Standard
Terms, but also to all Squire Patton Boggs
3 Squire Patton Boggs (AU) is a general partnership established
under the laws of Western Australia.
4 Squire Patton Boggs (MEA) LLP is a limited liability partnership
organized under the laws of Washington, D.C.
5 Squire Patton Boggs includes partnerships or other entities in
a number of different nations. Due to local laws on regulation of
the legal profession, the formal legal name may differ in some
nations.
2
entities unless the context or applicable law
requires reference only to the specific entity or
entities you contract with. The use of “Squire
Patton Boggs” as a trade or business name or
brand by all or any of such entities shall not
imply that the international legal practice is
itself engaged in the provision of legal or other
services. For further information please see
www.squirepattonboggs.com.
This engagement agreement shall apply to all
matters for which you might now or in the future
request our assistance, unless of course you
and we agree in the future to an updated
version of this engagement agreement or to a
new or revised engagement agreement
expressly referring to and superseding this
engagement agreement in whole or in part.
We encourage you to retain this engagement
agreement.
WHAT PROFESSIONALS WILL PROVIDE
THE LEGAL SERVICES?
In most cases one of our lawyers will be your
principal contact. From time to time that
attorney may delegate parts of your work to
other lawyers or to legal assistants or nonlegal
personnel in the Firm or to outside “contract”
personnel.
OUR SERVICES TO YOU
In our letter that presents these Standard
Terms to you, or in a separate Matter
Acknowledgement Letter, we will describe the
matter or case in which we will be representing
you. Unless we agree in writing to expand the
scope of our representation, an important part
of our engagement agreement is that we are
not your counsel in other matters, and you will
not rely upon us to provide legal services for
matters other than that described in the
relevant letter. For example, unless specified
in the relevant letter, our representation of you
does not include any responsibility for: review
of your insurance policies to determine the
possibility of coverage relating to this matter;
for notification of your insurance carriers about
the matter; advice to you about your disclosure
obligations under securities laws or any other
laws or regulations; or advice on tax
consequences. The description of the nature
and scope of our services in any letter or e-mail
concerning the inception of our engagement is
generally made at the beginning of our
representation and is sometimes, of necessity,
described in broad terms. The actual nature
and extent of our representation may be
narrower and more precise and is to be
determined over the life of the representation
by your requests for our legal services and our
response based on the letters, e-mails, or
other documents exchanged between us. Of
course, you and we can enter into an additional
engagement agreement for services outside
any general description in any letters or e-
mails at the beginning of our engagement. If
at any time you do not have a clear
understanding of the legal services to be
provided or if you have questions regarding the
scope of our services, we are relying on you to
communicate with us.
We will apply our professional skill, experience
and judgment to achieve your objectives in
accordance with the honored standards of our
profession that all attorneys are required to
uphold. However, we cannot guarantee the
outcome of any matter. Any expression of our
professional judgment regarding your matter or
the potential outcome is, of course, limited by
our knowledge of the facts and based on the
law at the time of expression. It is also subject
to any unknown or uncertain factors or
conditions beyond our control, including the
unpredictable human element in the decisions
of those with whom we deal in undertaking
your representation.
We will comply properly and fully with the duty
of confidentiality as described in the rules of
professional conduct governing our profession
which provide special and stringent protection
for ethically protected information concerning
our representation of you (hereinafter client
“confidential information”). In compliance with
such rules on confidential information and this
3
engagement agreement, we will not disclose to
any other client or use against you any of your
confidential Information and likewise will not
disclose to you the confidential information of
any other client or use that client’s confidential
information against it.
Your responsibilities to us in each
representation that you ask us to undertake
include providing full, complete and accurate
instructions and other information to us in
sufficient time to enable us to provide our
services effectively.
WHO IS OUR CLIENT?
An essential condition of our representation is
that our only client is the person or entity
identified in the accompanying letter. In the
absence of an express identification of our
client in the text of the letter, our client is the
person or entity to whom the letter is
addressed, even though in certain instances
the payment of our fees may be the
responsibility of others. In situations in which
our client is an entity, we have addressed the
letter to an authorized representative of the
client. Throughout these standard terms, “you”
refers to the entity that is our client, not the
individual addressed.
Unless specifically stated in our letter, our
representation of you does not extend to any
of your affiliates and we do not assume any
duties with respect to your affiliates. You are
our only client. Unless we state specifically in
our letter, we do not represent a corporate
family or other group of which you may be a
part, do not represent its members other than
you, and do not owe them any duties. For
example, if you are a corporation, our
representation does not include any of your
direct or indirect parents, subsidiaries, sister
corporations, partnerships, partners, joint
ventures, joint venture partners, any entities in
which you own an interest, or, for you or your
affiliates, any employees, officers, directors, or
shareholders. If you are a partnership or
limited liability company, our representation
does not extend to the individual partners of
the partnership or members of the limited
liability company. If you are a joint venture, our
representation does not extend to the
participants. If you are a trade association, our
representation excludes members of the trade
association. If you are a governmental entity,
our representation does not include other
governmental entities, including other
agencies, departments, bureaus, boards or
other parts of the same government. If you are
an individual, our representation does not
include your spouse, siblings, or other family
members. If you are a trust, you are our only
client. The beneficiaries are not our clients,
nor is the trustee in any capacity other than as
the fiduciary for the particular trust in our
representation. It would be necessary for
related parties, including all those listed above,
to enter into a written engagement agreement
with us much like this one before they would
become clients and we would assume duties
towards them. You should know that our
engagement agreements with a number of
other clients have a similar provision.
If you provide us with any confidential
information of your related parties or any other
entities or individuals during our representation
of you, we will treat it as your information and
maintain its confidentiality in accordance with
our duties to you as our client under applicable
law, but insofar as applicable law permits us to
agree on our respective rights and duties, you
are the only party to whom we owe duties
regarding such information.
Except as specifically agreed by both of us, the
advice and communications that we render on
your behalf are not to be disseminated to or
relied upon by any other parties without our
written consent.
CONFLICTS OF INTEREST
Squire Patton Boggs is international with over
half of our lawyers based in Offices outside the
United States. Our clients inside and outside
the U.S. should understand that this provision
4
is designed to treat all of our clients on the
same basis and that the result of this provision
is similar to the result otherwise applicable
under the professional standards for lawyers in
almost all jurisdictions outside the U.S. (and
under the Texas Disciplinary Rules of
Professional Conduct). Since our legal
practice began over 100 years ago, thousands
of corporations, other businesses, individuals,
governmental bodies, trusts, estates, and
other clients have asked our lawyers to
represent them, in many cases in large and
usual matters. With over 10,000 current
clients, you should understand that during the
course of our representation of you we may
represent any other client in any kind of matter;
you should not assume any exceptions.
Information on the nature of our clients and
practice is available upon request and on the
internet. An advantage to proceeding with our
representation of you may be the services of
specific individuals, or of a large team, or of a
special nature, or in particular jurisdictions. We
understand and agree that this is not an
exclusive agreement, and you are free to retain
any other counsel of your choosing in this and
other matters. We commit that the lawyers
who are personally working for you will not
work for any other client adverse to you
throughout the representation unless you
agree otherwise. Further, throughout the
representation we commit that our other
lawyers shall not represent any other client
with interests materially and directly adverse to
your interests in this matter or in any other
matter (i) which is substantially related to our
representation of you or (ii) where there is a
reasonable probability that confidential
information you furnished to us could be used
to your material disadvantage, including by
examining or cross-examining your personnel,
unless you agree otherwise. Finally, we
commit that after the representation has
ended, unless you agree otherwise, the
lawyers who have personally worked for you
shall not represent any other client with
interests materially and directly adverse to
your interests in this matter or in any other
matter (i) which is substantially related to their
representation of you or (ii) where there is a
reasonable probability that confidential
information you furnished to them could be
used to your material disadvantage, including
by examining or cross-examining your
personnel, unless you agree otherwise. You
agree that these commitments entirely replace
any rule that might otherwise treat
approximately 1,500 lawyers with Squire
Patton Boggs as one lawyer for conflicts
purposes and any imputation or vicarious
treatment of knowledge or conflicts among all
lawyers in Squire Patton Boggs.
For further explanation of the provision being
replaced see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_10_imputation
_of_conflicts_of_interest_general_rule.html
including Comment ¶ [2].
For explanation of “substantially related”
matters see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_9_duties_of_fo
rmer_clients.html especially Comment ¶ [3].
You understand and agree that, consistent
with those commitments, we are free to
represent other clients, including clients whose
interests conflict with your interests in litigation,
business transactions, negotiations,
alternative dispute resolution, administrative
proceedings, discovery disputes, or other legal
matters. Our lawyers value their individual
professional independence and you also agree
that the interests of other clients represented
by our other lawyers will not create a material
limitation on your representation by the
lawyers who personally represent you. For
further explanation of “material limitations” see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_7_conflict_of_i
nterest_current_clients/comment_on_rule_1_
7.html especially Comment [8]. You agree that
a precondition to our forming an attorney/client
5
relationship with you and undertaking your
representation is your agreement that our
representation of you will not prevent or
disqualify us from representing clients adverse
to you in other matters and that you consent in
advance to our undertaking such adverse
representations, subject to the exceptions and
commitments explicitly set forth above. Please
let us know if you would like to discuss
excluding particular parties or matters from
your agreement. Our agreements and yours
are effective immediately. In similar
engagement agreements with a number of our
other clients, we have asked for similar
agreements to preserve our ability to represent
you.
PUBLIC POLICY PRACTICE
Among the wide array of legal services that we
provide to clients in particular representations
in many but not all nations, States, and other
jurisdictions around the world in compliance
with their law are representations with respect
to the legislative, executive, administrative and
other functions of governments (herein “public
policy” representations). We have a public
policy practice in business regulation, defense,
energy, resources and environmental matters,
financial services, food and drug, domestic and
international trade, health care, taxation,
transportation, and numerous other areas
affected by government action. Information on
the extensive scope of our public policy
practice, the other areas in which we offer legal
services, and the large number and diversity of
our clients is available on request or on the
internet. Given the breadth of our public policy
practice, in agreeing to our representation of
you, you should not discount the possibility that
our representation of other clients in public
policy matters at present or in the future might
adversely affect your interests, directly or
indirectly, or might be deemed to create a
material limitation on our representation of you.
A precondition to our forming an attorney/client
relationship with you and undertaking your
representation is your agreement that so long
as such public policy representations are not
substantially related to our representation of
you and do not involve the use of material
ethically protected client information to your
disadvantage, the scope of the public policy
representations that we can provide to existing
or new clients will not be diminished in any
respect by our undertaking our representation
of you even if there would otherwise be a
conflict. Agreement by our other clients to an
analogous waiver may protect the scope of
legal services that we can provide for you.
REQUESTING LEGAL SERVICES
ACTIVATES ENGAGEMENT TERMS
These Standard Terms and any accompanying
engagement letter will become effective when
you: (i) sign in the space provided and return
the copy of any engagement letter
accompanying these Standard Terms, or (ii)
assign us work, including continuing any
previous assignment of work, or (iii) send us a
letter or e-mail clearly referencing these
Standard Terms and any accompanying
engagement letter and agreeing to them. If we
have stated that these Standard Terms are a
draft for discussion, they do not become legally
effective during any period limited exclusively
to discussion of the terms. However, after
receipt of these Standard Terms, if you request
us to perform legal services, including asking
us to continue providing legal services, the
following provisions in these Standard Terms
become legally effective: (1) all provisions that
ethics law of the applicable State, nation, or
other jurisdiction requires in an engagement
agreement, (2) all provisions that address the
ability of other existing and prospective clients
to retain us as their lawyers, including but not
limited to “Who is Our Client,” “Conflicts of
Interest,” “Public Policy,” and “Primacy;” (3) all
provisions in these Standard Terms on the
date 30 days following the later of both (a) your
receipt of these Standard Terms and (b) your
request that we perform legal services. You
can terminate our engagement agreement with
prospective effect at any time. Provisions that
became effective through your request for
6
legal services can later be amended or
replaced provided we both agree in writing.
TERMINATION OF
REPRESENTATION
You may terminate our representation at any
time, with or without cause, upon written notice
to us. After receiving such notice, or upon our
termination of the representation as permitted
by applicable ethical and/or court rules, we will
cease to render services to you as soon as
allowed by such rules, which may include court
approval of our withdrawal from litigation.
Termination of our services will not affect your
responsibility for payment of legal services
rendered and other charges incurred both
before termination and afterwards in
connection with an orderly transition of the
matter, including fees and other charges
arising in connection with any transfer of files
to you or to other counsel, and you agree to
pay all such amounts in advance upon request.
You agree that the Firm has the right to
withdraw from its representation of you if
continuing the representation might preclude
the Firm’s or any other Squire Patton Boggs
entity’s continuing representation of existing
clients on matters adverse to you or if there are
any circumstances even arguably raising a
question implicating professional ethics, for
example, because a question arises about the
effectiveness or enforceability of this
engagement agreement, or a question arises
about conduct addressed by it, or an apparent
conflict is thrust upon the Firm or any other
Squire Patton Boggs entity by circumstances
beyond its reasonable control, such as by a
corporate merger or a decision to seek to join
litigation that is already in progress, or there is
an attempt to withdraw consent.
In any of these circumstances, you agree that
we would have the right to withdraw from the
representation of you. Regardless of whether
you or we terminate the representation, we
would (with your agreement) assist in the
transition to replacement counsel by taking
reasonable steps in accordance with
applicable ethical rules designed to avoid
foreseeable prejudice to your interests as a
consequence of the termination. You agree
that regardless of whether you or we terminate
the representation (A) we would be paid by you
for the work performed prior to termination; (B)
our representation of you prior to any
termination would not preclude the Firm or any
other Squire Patton Boggs entity from
undertaking or continuing any representation
of another party; and (C) as a result of the
Firm’s or any other Squire Patton Boggs
entity’s representation of another party you
would not argue or otherwise use our
representation of you prior to any termination
to contend that the Firm or any other Squire
Patton Boggs entity should be disqualified.
When we complete the specific services you
have retained us to perform, our attorney-client
relationship for that matter will be terminated at
that time regardless of any later billing period.
To eliminate uncertainty, our representation of
you ends in any event whenever there is no
outstanding request from you for our legal
services that requires our immediate action
and more than six (6) months (180 days) have
passed since our last recorded time for you in
the representation, unless there is clear and
convincing evidence of our mutual
understanding that the representation has not
come to an end. After termination, if we
choose to perform administrative or limited
filing services on your behalf, including but not
limited to receiving and advising you of a notice
under a contract, lease, consent order, or other
document with continuing effect, or filing
routine or repeated submissions or renewals in
intellectual property or other matters, or
advising you to take action, our representation
of you lasts only for the brief period in which
our task is performed, unless you retain us in
writing at that time to perform further or
additional services. After termination, if you
later retain us to perform further or additional
services, our attorney-client relationship will
commence again subject to these terms of
engagement unless we both change the terms
7
in writing at that time. Following termination of
our representation, changes may occur in
applicable laws that could impact your future
rights and liabilities. Unless you actually
engage us in writing to provide additional
advice on issues arising from the matter after
its completion, we have no continuing
obligation to advise you with respect to future
legal developments.
During or following our representation of you,
we will be entitled to recover from you fees for
any time spent and other charges, calculated
at the then applicable rates if we are asked to
testify or provide information in writing as a
result of our representation of you or any legal
requirements, or if our records from our
representation of you are demanded, or if any
claim is brought against any Squire Patton
Boggs entity or any of its personnel based on
your actions or omissions (in addition to any
other costs involving the claim), or if we must
defend the confidentiality of your
communications under the attorney-client or
any other legal professional privilege (in which
case we will to the extent that circumstances
permit make reasonable efforts to inform you
of the requirement made upon us and give you
the opportunity to waive privilege).
HOW WE SET OUR FEES
Unless another basis for billing is established
in this engagement agreement, we will bill you
monthly for the professional fees of attorneys,
paralegals, and other personnel incurred on
your behalf based on their applicable rates and
the number of hours they devote to your
representation. Overall fees will be in accord
with the factors in the applicable rules
governing professional responsibility. The
billing rates of the personnel initially assigned
to your representation are generally specified
in the accompanying engagement letter. The
billing rates of our attorneys, paralegals, and
other personnel vary, depending generally
upon the experience and capabilities of the
individual involved. Unless otherwise agreed
in writing, we will charge you for their services
at their applicable rates. Our hourly billing
rates are adjusted from time to time, usually at
the beginning of each year, both on a selected
and firm wide basis. In addition, as personnel
gain experience and demonstrate improved
skills over time, they may advance into
categories that generally have higher hourly
billing rates. Advancements to a higher
category are typically made annually. Upon
any adjustment in the applicable rates, we will
charge you the adjusted rates.
At times clients ask us to estimate the total fees
and other charges that they are likely to incur
in connection with a particular matter.
Whenever possible, we are pleased to respond
to such requests with an estimate or proposed
budget. Still, it must be recognized that our
fees are often influenced by factors that are
beyond our control or unforeseeable or both.
This is particularly true in litigation and other
advocacy contexts in which much of the
activity is controlled by the opposing parties
and the Judge, Arbitrator or other decision-
maker. Accordingly, such an estimate or
proposal carries the understanding that, unless
we agree otherwise in writing, it does not
represent a maximum, minimum, or fixed fee
quotation. The ultimate cost frequently is more
or less than the amount estimated.
Accordingly, we have made no commitment to
you concerning the maximum fees and costs
that will be necessary to resolve or complete
this matter. We will not be obliged to continue
work if the fees or other charges accrued on a
matter reach an estimate previously given and
a revised estimate cannot be agreed. It is also
expressly understood that payment of our fees
and charges is in no way contingent on the
ultimate outcome of the matter.
OTHER CHARGES
As an adjunct to providing legal services, we
may incur and pay a variety of charges on your
behalf or charge for certain ancillary support
services. Whenever we incur such charges on
your behalf or charge for such ancillary support
services, we bill them to you separately or
8
arrange for them to be billed to you directly.
We may also require an advance payment
from you for such charges. These charges
typically relate to long-distance telephone
calls; messenger, courier, and express
delivery services; facsimile and similar
communications; document printing,
reproduction, scanning, imaging and related
expenses; translations and related charges;
filing fees; depositions and transcripts; witness
fees; travel expenses; computer research; and
charges made by third parties (such as outside
experts and consultants, printers, appraisers,
local and foreign counsel, government
agencies, airlines, hotels and the like). Other
charges will generally be itemized on your bill,
and will also be subject to VAT where
applicable. Any bank charges which we incur
when making check payments or telegraphic
transfers of money will be charged to you
inclusive of a handling fee. Our charges for
these ancillary support services generally
reflect our direct and indirect costs, but
charges for certain items exceed our actual
costs. For some services, particularly those
that involve significant technology and/or
support services which we provide (such as
imaging documents and computer research),
we attempt from time to time to reduce costs
by contracting with vendors to purchase a
minimum volume of service that is beyond the
needs of any single client. In those cases, we
may bill you at a per unit rate that may not
reflect the quantity discounts we obtain. In
many cases the total quantity that will be used
by all of our clients over a year or other period
of time is not certain. Our charge for fax
services is typically based on a charge per
page rather than the cost of the telephone
usage. In the event any of our statements for
such services are not paid by their due dates,
you agree that we have the right not to
advance any further amounts on your behalf.
When you send us a letter at the request of
your auditors asking us for a response on any
loss contingencies, we will charge you a fixed
fee for our response that varies with the level
of difficulty of the response.
Letter Type Description Rate
Clean No litigation
reported US $550
Normal 1-3 cases US $850
Extraordinary >3 cases US $1,350
Update
Update of
prior
response
US $400
No-Services
Verifying no
work for client
during fiscal
year
US $75
Notwithstanding our advance payments of any
charges, you will be solely responsible for all
invoices issued by third parties. It is our policy
to arrange for outside providers of services
involving relatively substantial charges (such
as the fees of outside consultants, expert
witnesses, appraisers, and court reporters) to
bill you directly.
Prompt payment by you of invoices generated
by third-party vendors is often essential to our
ability to deliver legal services to you.
Accordingly, you agree that we have the right
to treat any failure by you to pay such invoices
in a timely manner to be a material breach of
your obligation to cooperate with us.
Unless we agree specifically in writing and you
advise any other law firm, professionals, or
third-parties in writing that they must comply
with our directions, we are not responsible for
them.
BILLING ARRANGEMENTS AND
PAYMENT TERMS
We will bill you on a regular basis – normally,
each month – for both fees and other charges.
You agree to make payment within thirty (30)
days of the date of our statement, unless a
different period of time is specified in the
Engagement Letter. If you have any issue with
our statement, you agree to raise it specifically
before thirty (30) days from the date of our
statement or any other due date established in
an Engagement Letter. If the issue is not
9
immediately resolved, you agree to pay all fees
and other charges not directly affected by the
issue before thirty (30) days from the original
bill or any other due date established in an
Engagement Letter and all amounts affected
by the issue within ten (10) days of its
resolution. If we have rendered a final bill and
we become liable for other charges incurred on
your behalf, we will be entitled to render a
further bill or bills to recover those amounts. In
the event that a statement is not paid in full
before thirty (30) days from the date of our
statement or any other due date established in
an Engagement Letter late charges will be
imposed on any unpaid fees and/or costs at
the combined rate of eight percent (8%) per
annum or at any lower rate legally required by
a particular jurisdiction. If the cover letter
accompanying these Standard Terms of
engagement specifies an event or an alternate
date upon which payment is due, late charges
will be imposed on any unpaid fees and/or
costs thirty (30) days after the specified event
or date or any other period specified in an
Engagement Letter. The purpose of the late
payment charge is to encourage prompt
payment, thus reducing our billing and
collection costs.
In addition, if your account becomes
delinquent and satisfactory payment terms are
not arranged, we may postpone or defer
providing additional services or withdraw, or
seek to withdraw, from the representation
consistent with applicable rules. You will
remain responsible for payment of our legal
fees rendered and charges incurred prior to
such withdrawal.
When personnel from other Squire Patton
Boggs entities have provided services to you,
the portion of any invoice to you including such
services is issued on behalf of the other Squire
Patton Boggs entities that have provided
services to you. The portion of your payment
of fees and charges for the services and
expenses of any such other Squire Patton
Boggs entities will be attributed to them in
accordance with our agreement with them,
which reflects in major part the work performed
by their personnel and expenses they incurred.
If our representation of you results in a
monetary recovery by litigation or arbitration
award, judgment, or settlement, or by other
realization of proceeds, then (when permitted
by applicable law) you hereby grant us an
attorneys’ lien on those funds in the amount of
any sums due us.
We look to you, the client, for payment
regardless of whether you are insured to cover
the particular risk. From time to time, we assist
clients in pursuing third parties for recovery of
attorneys’ fees and other costs arising from our
services. These situations include payments
under contracts, statutes or insurance policies.
However, it remains your obligation to pay all
amounts due to us before expiration of thirty
(30) days from the date of our statement
unless a different period is established in an
Engagement Letter.
TAXES
You will be responsible for any applicable VAT
or other sales tax that any jurisdiction may
impose on our fees and other charges for this
representation.
DATA PROTECTION AND PRIVACY
We each have our respective obligations to
relevant government authorities and to
individuals whose personal data we process to
comply with applicable data protection laws.
Where the European Union (“EU”) General
Data Protection Regulation (“GDPR”) and
national implementing legislation apply in
relation to any personal data that you provide
to us, we each act as a controller in our own
right in regard to our respective processing of
the personal data. Please refer to our Global
Website Privacy Notice; our Privacy Notice for
our Australian offices; and, in particular, our
Privacy Notice for our EU offices (“EU Privacy
Notice”). These are published on the Squire
Patton Boggs website at
10
www.squirepattonboggs.com. Our EU Privacy
Notice describes the processing activities of
our EU offices as controllers of the personal
data of our clients, individuals connected to our
clients and other business contacts, in
accordance with GDPR requirements. In
fulfilling our duties to relevant government
authorities and individuals under applicable
law our EU offices will process personal data
that you share with us, or that we obtain from
other sources on your behalf, only for the
relevant purposes that are set out in our EU
Privacy Notice or any supplemental notice that
we may provide to you in connection with a
particular matter. You may also have
obligations under the GDPR and you will
reasonably cooperate with us with respect to
any personal data that are shared between us,
in order to facilitate compliance with the
relevant provisions of the GDPR. If you
disclose or transfer to us personal data
concerning individuals who are connected to
you, or are otherwise relevant to a matter on
which we have been retained to provide legal
services to you, it shall be your responsibility
as the controller of that data to transfer or
otherwise disclose such personal data in
compliance with GDPR requirements including
(without limitation) by: (A) transferring the
personal data to us only as necessary for us to
provide the legal services for which you have
retained us; (B) having a lawful basis for
disclosing the personal data to us; (C)
providing all the information required to be
provided by the GDPR, in the applicable
circumstances, to the relevant individuals
concerning the transfer of their personal data
to us (including, where possible, a link to the
EU Privacy Notice published on the Squire
Patton Boggs website); and (D) assuming the
primary responsibility for responding to data
subject access requests in relation to personal
data that you have shared with us.
We will cooperate with you when reasonably
possible to ensure that the required
information referred to above is made
accessible to the relevant individuals; and we
will meet our own obligations to provide
information directly to the individuals
concerned, such as any customized privacy
notice that we may issue to address a specific
matter if required by particular circumstances;
but in most cases, it would be impossible, or
would require disproportionate effort on our
part to provide notice directly to all individual
third parties that are connected to you when
you share their personal data with us. The
description of our respective obligations under
applicable data protection laws covers our
respective obligations to relevant government
authorities and to individuals whose personal
data we process, but does not create new
duties or obligations between us by virtue of
these Standard Terms (except as explicitly
stated concerning cooperation and our
respective roles as controllers of personal
data).
CLIENT AND FIRM DOCUMENTS
We will maintain any documents you furnish to
us in our client files for this matter. At the
conclusion of the matter (or earlier, if
appropriate), it is your obligation to advise us
promptly as to which, if any, of the documents
in our files you wish us to turn over to you. At
your request, your papers and property will be
returned to you promptly upon receipt of
payment for outstanding fees and other
charges. Your documents will be turned over
to you in accordance with ethical requirements
and subject to any lien that may be created by
law for payment of any outstanding fees and
costs. We may keep a copy of your files if you
ask us to return or transfer your files. We will
retain our own documents and files, including
our drafts, notes, internal memos,
administrative records, time and expense
reports, billing and financial information,
accounting records, conflict checks, personnel
materials, and work product, such as drafts,
notes, internal memoranda, and legal and
factual research, including investigative
reports, and other materials prepared by or for
the internal use of our lawyers. All such
documents which we retain will be transferred
to the person responsible for administering our
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records retention program. For various
reasons, including the minimization of
unnecessary storage charges, we have the
right to destroy or otherwise dispose of any
such documents or other materials retained by
us seven (7) years after the termination of the
engagement, unless applicable law permits or
requires a shorter or longer period for
preservation of documents, or unless a
different period is specified in a special written
agreement signed by both of us.
With regard to any documents containing EU
personal data that you transfer to us that we
have not previously destroyed as explained
above, we will act under your instructions in
relation to the timing of the deletion for such
data in order to comply with the GDPR storage
limitation principle or to assist you in
responding to a valid data subject request for
the deletion of personal data.
EQUALITY AND DIVERSITY
We have a written Equality and Diversity policy
to which we seek to adhere at all times in the
performance of our services. A copy will be
provided to you upon your written request and
is available on our website.
DISCLOSURE OF YOUR NAME
We are proud to serve you as legal counsel
and hope to share that information with other
clients and prospective clients. On occasion,
we provide names of current clients in
marketing materials and on our Web site. We
may include your name on a list of
representative clients. We may also prepare
lists of representative transactions or other
representations, excluding of course any we
believe are sensitive. If you prefer that we
refrain from using your name and
representation in this manner, please advise
us in writing.
SQUIRE PATTON BOGGS
ATTORNEY/CLIENT PRIVILEGE
If we determine during the course of the
representation that it is either necessary or
appropriate to consult with our General
Counsel, one of our Ethics Lawyers or other
specially designated lawyer or outside
counsel, we have your consent to do so with
the confidentiality of our communications with
such counsel protected by an attorney-client
privilege which will not be diminished by our
representation of you.
SEVERABILITY
In the event that any provision or part of this
engagement agreement, including any letters
expressly stated to be part of the engagement
agreement, should be unenforceable under the
law of the controlling jurisdiction, the remainder
of this engagement agreement shall remain in
force and shall be enforced in accordance with
its terms.
PRIMACY
Unless expressly superseded by explicit
reference the sections “Who is our Client,”
“Conflicts of Interest,” and/or “Public Policy
Practice” are fully effective notwithstanding
another provision in case of any duplication
and to the fullest extent possible in case of
inconsistency.
ENTIRE AGREEMENT
This engagement agreement supersedes all
other prior and contemporaneous written and
oral agreements and understandings between
us and contains the entire agreement between
us. This engagement agreement may be
modified only by a signed written agreement by
you and by us. You acknowledge that no
promises have been made to you other than
those stated in this engagement agreement.
12
INTERPRETATIONS
This agreement shall be interpreted to
effectuate the intention of the Parties to
observe all applicable present and future
ethical and legal requirements and
prohibitions. To the extent that any existing or
future legal or ethical requirement or
prohibition in any applicable jurisdiction does
not allow or otherwise conflicts with any
provision of this engagement agreement or
service contemplated in it, then it shall not
apply in whole or in part to the extent of such
conflict or prohibition. Further, any such
provision or service offering shall be deemed
modified to the extent necessary to make it
valid and consistent with such requirements
and prohibitions.
GOVERNING LAW, COURTS AND BAR
ASSOCIATIONS
All questions arising under or involving this
engagement or concerning rights and duties
between us will be governed by the law
(excluding choice of law provisions) and
decided exclusively by the courts and Bar
authorities of the jurisdiction in which the
lawyer sending you this engagement
agreement has his or her principal office
unless another jurisdiction is specified in the
letter accompanying these Standard Terms.
When another jurisdiction provides that its law
or courts or Bar authorities will govern
notwithstanding any agreement, that other law
may of course control, at least on certain
questions.
IN CONCLUSION
We look forward to a mutually satisfying
relationship with you. If you have any
questions about, or if you do not agree with one
or more of these terms and conditions, please
communicate with your principal contact at the
Firm so that we can try to address your
concerns. Your principal contact can
recommend changes that will be effective once
you receive written notice of approval of any
revisions, which, depending on the nature of
the request, will be made by a Lawyer in
Management and/or an Ethics Lawyer. Thank
you.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-477 Agenda Date:6/9/2021
Version:1 Item #:13a.
Resolution authorizing the City Manager to execute a Letter of Engagement with the law firm Squire Patton
Boggs to extend an existing contract for national advocacy and policy services,for a term through June 2022
and for an amount not to exceed $150,000.
WHEREAS,Squire Patton Boggs,a Washington D.C.firm,has provided the City of South San
Francisco (“City”) with national advocacy and policy services since 2017; and
WHEREAS,the City entered into agreements with Squire Patton Boggs with the purpose of engaging a
federal government relations advocate to assist the City on pending and future federal issues; and
WHEREAS,since engagement,Squire Patton Boggs has regularly interacted with City staff to provide
summaries of new federal bills and important federal policy positions; and
WHEREAS,Squire Patton Boggs provided technical assistance and advocacy as the City developed a
memorandum of understanding (MOU)with the U.S.Army Corps of Engineers (USACE)relative to sea level
rise; and
WHEREAS,Squire Patton Boggs provided staff with notice of federal grant funding opportunities with
key deadlines and summaries; and
WHEREAS,Squire Patton Boggs continues to identify and pursue funding opportunities on behalf of
the City,including efforts such as federal advocacy for local government assistance related to COVID-19,
congressionally directed funding requests, and continued advocacy on sea level rise work; and
WHEREAS,Squire Patton Boggs provides the national advocacy and policy advisory services to the
City needed in order to aggressively compete for federal funds; and
WHEREAS,Squire Patton Boggs continues to keep the City apprised of any opportunities for relief and
provides the City with guidance in its pursuit of applicable COVID-19 relief; and
WHEREAS,the City Council now desires to authorize the City Manager to execute a Letter of
Engagement with Squire Patton Boggs to extend an existing contract for national advocacy and policy services,
for a term through June 2022 and for an amount not to exceed $150,000.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco
hereby authorizes the City Manager to execute a Letter of Engagement with Squire Patton Boggs to extend an
existing contract for national advocacy and policy services,for a term through June 2022 and for an amount not
City of South San Francisco Printed on 8/3/2021Page 1 of 2
powered by Legistar™
File #:21-477 Agenda Date:6/9/2021
Version:1 Item #:13a.
to exceed $150,000.
BE IT FURTHER RESOLVED,that the City Council authorizes the City Manager to take any other
actions necessary to carry out the intent of this resolution on behalf of the City Council,subject to approval as
to form by the City Attorney.
*****
City of South San Francisco Printed on 8/3/2021Page 2 of 2
powered by Legistar™
Squire Patton Boggs (US) LLP
2550 M Street, NW
Washington, D.C. 20037
O +1 202 457 6000
F +1 202 457 6315
squirepattonboggs.com
Carolina Mederos
T +1 202 457 5653
carolina.mederos@squirepb.com
45 Offices in 20 Countries
Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate
legal entities.
Please visit squirepattonboggs.com for more information.
April 15, 2021
Mike Futrell
City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Re:City of South San Francisco Engagement
Dear Mr. Futrell:
We thank you for the opportunity to represent the City of South San Francisco, California with
respect to public policy matters in Congress and the Executive Branch related to federal funding.
A written engagement agreement is required or recommended by the law of professional ethics
in the jurisdictions in which we practice law. The engagement agreement between us consists of
this letter and the enclosed Standard Terms and Conditions of Engagement (“Standard Terms”).
In case of any contradiction between this letter and the Standard Terms, this letter controls for
purposes of this representation. The engagement agreement is designed to address our
responsibilities to each other and to outline for you certain important matters that are best
established early as we form an attorney-client relationship with you in this matter.
The engagement agreement responds to requirements in the rules of professional ethics and is
intended to achieve a better understanding between us. We request that you review this
agreement carefully. By proceeding with this engagement you will be indicating to us that you
have done so. It is important that you review and understand the terms of our relationship, such
as the section on “Conflicts of Interest.”
Based on our current understanding of the proposed representation the fee for the representation
described in this engagement agreement will be $12,500 monthly from July 1, 2021 through June
30, 2022. In addition, we will bill you for disbursements incurred in connection with our work.
Please note that, under our Standard Terms, invoices for our fees are payable within thirty days
of the date of our statement.
Any of the following alternative methods for acceptance of this engagement agreement will be
effective: (i) signing and returning the copy of this letter that is enclosed for that purpose, or (ii)
assigning us work, including continuing any previous assignment of work, or (iii) sending us a
Mike Futrell
City of South San Francisco
April 15, 2021
2
Squire Patton Boggs (US) LLP
letter or e-mail clearly referencing this engagement agreement and agreeing to it. However, even
if you accept this engagement agreement by methods (ii) or (iii), I would appreciate it if you would
confirm your acceptance by countersigning the enclosed copy of this letter and returning it to me.
If you do not agree with one or more of the provisions of the engagement agreement, please
contact me so that we can try to address your concerns. As explained in the attached Standard
Terms, you can terminate our services at any time. Of course, if you have any questions or
concerns regarding the foregoing, please call me.
You should also feel free to consult with independent counsel before signing. Throughout our
relationship, we want you to be satisfied with the professional services that we perform on your
behalf. Accordingly, we encourage you to contact us just as soon as you have any questions or
concerns regarding our services or our fees.
Sincerely,
Squire Patton Boggs (US) LLP
Carolina Mederos
Jeffrey L. Turner
Letter and Standard Terms Accepted,
including section on “Conflicts of Interest”
and “Public Policy Practice”
[NAME OF CLIENT ENTITY]
By:
Name of individual client representative
Title:
Date: _____________ __, 20__
Mike Futrell
City of South San Francisco
April 15, 2021
3
Squire Patton Boggs (US) LLP
Enclosure
Standard Terms and Conditions of Engagement Applicable Worldwide
The engagement agreement with you includes
the accompanying cover letter and, as
applicable, any separate Matter
Acknowledgment Letter (collectively and
individually “Engagement Letter”). It also
consists of these additional Terms and
Conditions of Engagement applicable
worldwide and any Terms and Conditions of
Engagement applicable for particular
jurisdictions (collectively and individually
“Standard Terms and Conditions of
Engagement” or “Standard Terms”). The
engagement agreement is the means by which
you are retaining the Firm (as defined in these
Standard Terms) to provide legal services.
“You” and “yours” refers to our client(s) defined
more fully below in the section entitled WHO IS
OUR CLIENT. For your convenience, set forth
below are the topics covered in these Standard
Terms:
The Firm .................................................... 1
What Professionals Will Provide the
Legal Services? ......................................... 2
Our Services to You ................................... 2
Who is Our Client? ..................................... 3
Conflicts of Interest .................................... 3
Public Policy Practice ................................. 5
Requesting Legal Services Activates
Engagement Terms ................................... 5
Termination of Representation ................... 6
How We Set Our Fees ............................... 7
Other Charges ........................................... 7
Billing Arrangements and Payment
Terms ........................................................ 8
Taxes ......................................................... 9
Data Protection and Privacy ....................... 9
Client and Firm Documents ...................... 10
Equality and Diversity ............................... 11
1 Squire Patton Boggs (US) LLP is a limited liability partnership
organized under the laws of the State of Ohio, USA.
2 Squire Patton Boggs (UK) LLP (trading as Squire Patton Boggs)
is a Limited Liability Partnership registered in England and
Wales with number OC 335584 authorised and regulated by the
Solicitors Regulation Authority. A list of the members and their
professional qualifications is open to inspection at 7 Devonshire
Square, London, EC2M 4YH.
Disclosure of Your Name ......................... 11
Squire Patton Boggs Attorney/Client
Privilege ................................................... 11
Severability .............................................. 11
Primacy .................................................... 11
Entire Agreement ..................................... 11
Interpretations .......................................... 12
Governing Law, Courts and Bar
Associations ............................................. 12
In Conclusion ........................................... 12
THE FIRM
“Squire Patton Boggs” is the collective trade
name for an international legal practice
comprised of partnerships or other entities
authorized to practice law in various nations or
other jurisdictions. The “Firm” means Squire
Patton Boggs (US) LLP,1 Squire Patton Boggs
(UK) LLP,2 Squire Patton Boggs (AU),3 or
Squire Patton Boggs (MEA) LLP,4 and/or an
affiliate listed at
https://www.squirepattonboggs.com/en/footer/
legal-notices in all cases including the entity or
entities lawfully permitted to practice law in the
jurisdiction or jurisdictions necessary or
appropriate to provide your legal services.
Your engagement in this instance is with the
entity5 which sent you these Standard Terms
and, as applicable, with such other Squire
Patton Boggs entity or entities necessary or
appropriate for your legal services, in which
case the entity which sent you these Standard
Terms is acting on their behalf. These
Standard Terms apply to your relationship with
all Squire Patton Boggs entities which provide
you services. “We” or “us” or “our” refer not
only to the entity sending you these Standard
Terms, but also to all Squire Patton Boggs
3 Squire Patton Boggs (AU) is a general partnership established
under the laws of Western Australia.
4 Squire Patton Boggs (MEA) LLP is a limited liability partnership
organized under the laws of Washington, D.C.
5 Squire Patton Boggs includes partnerships or other entities in
a number of different nations. Due to local laws on regulation of
the legal profession, the formal legal name may differ in some
nations.
2
entities unless the context or applicable law
requires reference only to the specific entity or
entities you contract with. The use of “Squire
Patton Boggs” as a trade or business name or
brand by all or any of such entities shall not
imply that the international legal practice is
itself engaged in the provision of legal or other
services. For further information please see
www.squirepattonboggs.com.
This engagement agreement shall apply to all
matters for which you might now or in the future
request our assistance, unless of course you
and we agree in the future to an updated
version of this engagement agreement or to a
new or revised engagement agreement
expressly referring to and superseding this
engagement agreement in whole or in part.
We encourage you to retain this engagement
agreement.
WHAT PROFESSIONALS WILL PROVIDE
THE LEGAL SERVICES?
In most cases one of our lawyers will be your
principal contact. From time to time that
attorney may delegate parts of your work to
other lawyers or to legal assistants or nonlegal
personnel in the Firm or to outside “contract”
personnel.
OUR SERVICES TO YOU
In our letter that presents these Standard
Terms to you, or in a separate Matter
Acknowledgement Letter, we will describe the
matter or case in which we will be representing
you. Unless we agree in writing to expand the
scope of our representation, an important part
of our engagement agreement is that we are
not your counsel in other matters, and you will
not rely upon us to provide legal services for
matters other than that described in the
relevant letter. For example, unless specified
in the relevant letter, our representation of you
does not include any responsibility for: review
of your insurance policies to determine the
possibility of coverage relating to this matter;
for notification of your insurance carriers about
the matter; advice to you about your disclosure
obligations under securities laws or any other
laws or regulations; or advice on tax
consequences. The description of the nature
and scope of our services in any letter or e-mail
concerning the inception of our engagement is
generally made at the beginning of our
representation and is sometimes, of necessity,
described in broad terms. The actual nature
and extent of our representation may be
narrower and more precise and is to be
determined over the life of the representation
by your requests for our legal services and our
response based on the letters, e-mails, or
other documents exchanged between us. Of
course, you and we can enter into an additional
engagement agreement for services outside
any general description in any letters or e-
mails at the beginning of our engagement. If
at any time you do not have a clear
understanding of the legal services to be
provided or if you have questions regarding the
scope of our services, we are relying on you to
communicate with us.
We will apply our professional skill, experience
and judgment to achieve your objectives in
accordance with the honored standards of our
profession that all attorneys are required to
uphold. However, we cannot guarantee the
outcome of any matter. Any expression of our
professional judgment regarding your matter or
the potential outcome is, of course, limited by
our knowledge of the facts and based on the
law at the time of expression. It is also subject
to any unknown or uncertain factors or
conditions beyond our control, including the
unpredictable human element in the decisions
of those with whom we deal in undertaking
your representation.
We will comply properly and fully with the duty
of confidentiality as described in the rules of
professional conduct governing our profession
which provide special and stringent protection
for ethically protected information concerning
our representation of you (hereinafter client
“confidential information”). In compliance with
such rules on confidential information and this
3
engagement agreement, we will not disclose to
any other client or use against you any of your
confidential Information and likewise will not
disclose to you the confidential information of
any other client or use that client’s confidential
information against it.
Your responsibilities to us in each
representation that you ask us to undertake
include providing full, complete and accurate
instructions and other information to us in
sufficient time to enable us to provide our
services effectively.
WHO IS OUR CLIENT?
An essential condition of our representation is
that our only client is the person or entity
identified in the accompanying letter. In the
absence of an express identification of our
client in the text of the letter, our client is the
person or entity to whom the letter is
addressed, even though in certain instances
the payment of our fees may be the
responsibility of others. In situations in which
our client is an entity, we have addressed the
letter to an authorized representative of the
client. Throughout these standard terms, “you”
refers to the entity that is our client, not the
individual addressed.
Unless specifically stated in our letter, our
representation of you does not extend to any
of your affiliates and we do not assume any
duties with respect to your affiliates. You are
our only client. Unless we state specifically in
our letter, we do not represent a corporate
family or other group of which you may be a
part, do not represent its members other than
you, and do not owe them any duties. For
example, if you are a corporation, our
representation does not include any of your
direct or indirect parents, subsidiaries, sister
corporations, partnerships, partners, joint
ventures, joint venture partners, any entities in
which you own an interest, or, for you or your
affiliates, any employees, officers, directors, or
shareholders. If you are a partnership or
limited liability company, our representation
does not extend to the individual partners of
the partnership or members of the limited
liability company. If you are a joint venture, our
representation does not extend to the
participants. If you are a trade association, our
representation excludes members of the trade
association. If you are a governmental entity,
our representation does not include other
governmental entities, including other
agencies, departments, bureaus, boards or
other parts of the same government. If you are
an individual, our representation does not
include your spouse, siblings, or other family
members. If you are a trust, you are our only
client. The beneficiaries are not our clients,
nor is the trustee in any capacity other than as
the fiduciary for the particular trust in our
representation. It would be necessary for
related parties, including all those listed above,
to enter into a written engagement agreement
with us much like this one before they would
become clients and we would assume duties
towards them. You should know that our
engagement agreements with a number of
other clients have a similar provision.
If you provide us with any confidential
information of your related parties or any other
entities or individuals during our representation
of you, we will treat it as your information and
maintain its confidentiality in accordance with
our duties to you as our client under applicable
law, but insofar as applicable law permits us to
agree on our respective rights and duties, you
are the only party to whom we owe duties
regarding such information.
Except as specifically agreed by both of us, the
advice and communications that we render on
your behalf are not to be disseminated to or
relied upon by any other parties without our
written consent.
CONFLICTS OF INTEREST
Squire Patton Boggs is international with over
half of our lawyers based in Offices outside the
United States. Our clients inside and outside
the U.S. should understand that this provision
4
is designed to treat all of our clients on the
same basis and that the result of this provision
is similar to the result otherwise applicable
under the professional standards for lawyers in
almost all jurisdictions outside the U.S. (and
under the Texas Disciplinary Rules of
Professional Conduct). Since our legal
practice began over 100 years ago, thousands
of corporations, other businesses, individuals,
governmental bodies, trusts, estates, and
other clients have asked our lawyers to
represent them, in many cases in large and
usual matters. With over 10,000 current
clients, you should understand that during the
course of our representation of you we may
represent any other client in any kind of matter;
you should not assume any exceptions.
Information on the nature of our clients and
practice is available upon request and on the
internet. An advantage to proceeding with our
representation of you may be the services of
specific individuals, or of a large team, or of a
special nature, or in particular jurisdictions. We
understand and agree that this is not an
exclusive agreement, and you are free to retain
any other counsel of your choosing in this and
other matters. We commit that the lawyers
who are personally working for you will not
work for any other client adverse to you
throughout the representation unless you
agree otherwise. Further, throughout the
representation we commit that our other
lawyers shall not represent any other client
with interests materially and directly adverse to
your interests in this matter or in any other
matter (i) which is substantially related to our
representation of you or (ii) where there is a
reasonable probability that confidential
information you furnished to us could be used
to your material disadvantage, including by
examining or cross-examining your personnel,
unless you agree otherwise. Finally, we
commit that after the representation has
ended, unless you agree otherwise, the
lawyers who have personally worked for you
shall not represent any other client with
interests materially and directly adverse to
your interests in this matter or in any other
matter (i) which is substantially related to their
representation of you or (ii) where there is a
reasonable probability that confidential
information you furnished to them could be
used to your material disadvantage, including
by examining or cross-examining your
personnel, unless you agree otherwise. You
agree that these commitments entirely replace
any rule that might otherwise treat
approximately 1,500 lawyers with Squire
Patton Boggs as one lawyer for conflicts
purposes and any imputation or vicarious
treatment of knowledge or conflicts among all
lawyers in Squire Patton Boggs.
For further explanation of the provision being
replaced see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_10_imputation
_of_conflicts_of_interest_general_rule.html
including Comment ¶ [2].
For explanation of “substantially related”
matters see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_9_duties_of_fo
rmer_clients.html especially Comment ¶ [3].
You understand and agree that, consistent
with those commitments, we are free to
represent other clients, including clients whose
interests conflict with your interests in litigation,
business transactions, negotiations,
alternative dispute resolution, administrative
proceedings, discovery disputes, or other legal
matters. Our lawyers value their individual
professional independence and you also agree
that the interests of other clients represented
by our other lawyers will not create a material
limitation on your representation by the
lawyers who personally represent you. For
further explanation of “material limitations” see
https://www.americanbar.org/groups/professio
nal_responsibility/publications/model_rules_of
_professional_conduct/rule_1_7_conflict_of_i
nterest_current_clients/comment_on_rule_1_
7.html especially Comment [8]. You agree that
a precondition to our forming an attorney/client
5
relationship with you and undertaking your
representation is your agreement that our
representation of you will not prevent or
disqualify us from representing clients adverse
to you in other matters and that you consent in
advance to our undertaking such adverse
representations, subject to the exceptions and
commitments explicitly set forth above. Please
let us know if you would like to discuss
excluding particular parties or matters from
your agreement. Our agreements and yours
are effective immediately. In similar
engagement agreements with a number of our
other clients, we have asked for similar
agreements to preserve our ability to represent
you.
PUBLIC POLICY PRACTICE
Among the wide array of legal services that we
provide to clients in particular representations
in many but not all nations, States, and other
jurisdictions around the world in compliance
with their law are representations with respect
to the legislative, executive, administrative and
other functions of governments (herein “public
policy” representations). We have a public
policy practice in business regulation, defense,
energy, resources and environmental matters,
financial services, food and drug, domestic and
international trade, health care, taxation,
transportation, and numerous other areas
affected by government action. Information on
the extensive scope of our public policy
practice, the other areas in which we offer legal
services, and the large number and diversity of
our clients is available on request or on the
internet. Given the breadth of our public policy
practice, in agreeing to our representation of
you, you should not discount the possibility that
our representation of other clients in public
policy matters at present or in the future might
adversely affect your interests, directly or
indirectly, or might be deemed to create a
material limitation on our representation of you.
A precondition to our forming an attorney/client
relationship with you and undertaking your
representation is your agreement that so long
as such public policy representations are not
substantially related to our representation of
you and do not involve the use of material
ethically protected client information to your
disadvantage, the scope of the public policy
representations that we can provide to existing
or new clients will not be diminished in any
respect by our undertaking our representation
of you even if there would otherwise be a
conflict. Agreement by our other clients to an
analogous waiver may protect the scope of
legal services that we can provide for you.
REQUESTING LEGAL SERVICES
ACTIVATES ENGAGEMENT TERMS
These Standard Terms and any accompanying
engagement letter will become effective when
you: (i) sign in the space provided and return
the copy of any engagement letter
accompanying these Standard Terms, or (ii)
assign us work, including continuing any
previous assignment of work, or (iii) send us a
letter or e-mail clearly referencing these
Standard Terms and any accompanying
engagement letter and agreeing to them. If we
have stated that these Standard Terms are a
draft for discussion, they do not become legally
effective during any period limited exclusively
to discussion of the terms. However, after
receipt of these Standard Terms, if you request
us to perform legal services, including asking
us to continue providing legal services, the
following provisions in these Standard Terms
become legally effective: (1) all provisions that
ethics law of the applicable State, nation, or
other jurisdiction requires in an engagement
agreement, (2) all provisions that address the
ability of other existing and prospective clients
to retain us as their lawyers, including but not
limited to “Who is Our Client,” “Conflicts of
Interest,” “Public Policy,” and “Primacy;” (3) all
provisions in these Standard Terms on the
date 30 days following the later of both (a) your
receipt of these Standard Terms and (b) your
request that we perform legal services. You
can terminate our engagement agreement with
prospective effect at any time. Provisions that
became effective through your request for
6
legal services can later be amended or
replaced provided we both agree in writing.
TERMINATION OF
REPRESENTATION
You may terminate our representation at any
time, with or without cause, upon written notice
to us. After receiving such notice, or upon our
termination of the representation as permitted
by applicable ethical and/or court rules, we will
cease to render services to you as soon as
allowed by such rules, which may include court
approval of our withdrawal from litigation.
Termination of our services will not affect your
responsibility for payment of legal services
rendered and other charges incurred both
before termination and afterwards in
connection with an orderly transition of the
matter, including fees and other charges
arising in connection with any transfer of files
to you or to other counsel, and you agree to
pay all such amounts in advance upon request.
You agree that the Firm has the right to
withdraw from its representation of you if
continuing the representation might preclude
the Firm’s or any other Squire Patton Boggs
entity’s continuing representation of existing
clients on matters adverse to you or if there are
any circumstances even arguably raising a
question implicating professional ethics, for
example, because a question arises about the
effectiveness or enforceability of this
engagement agreement, or a question arises
about conduct addressed by it, or an apparent
conflict is thrust upon the Firm or any other
Squire Patton Boggs entity by circumstances
beyond its reasonable control, such as by a
corporate merger or a decision to seek to join
litigation that is already in progress, or there is
an attempt to withdraw consent.
In any of these circumstances, you agree that
we would have the right to withdraw from the
representation of you. Regardless of whether
you or we terminate the representation, we
would (with your agreement) assist in the
transition to replacement counsel by taking
reasonable steps in accordance with
applicable ethical rules designed to avoid
foreseeable prejudice to your interests as a
consequence of the termination. You agree
that regardless of whether you or we terminate
the representation (A) we would be paid by you
for the work performed prior to termination; (B)
our representation of you prior to any
termination would not preclude the Firm or any
other Squire Patton Boggs entity from
undertaking or continuing any representation
of another party; and (C) as a result of the
Firm’s or any other Squire Patton Boggs
entity’s representation of another party you
would not argue or otherwise use our
representation of you prior to any termination
to contend that the Firm or any other Squire
Patton Boggs entity should be disqualified.
When we complete the specific services you
have retained us to perform, our attorney-client
relationship for that matter will be terminated at
that time regardless of any later billing period.
To eliminate uncertainty, our representation of
you ends in any event whenever there is no
outstanding request from you for our legal
services that requires our immediate action
and more than six (6) months (180 days) have
passed since our last recorded time for you in
the representation, unless there is clear and
convincing evidence of our mutual
understanding that the representation has not
come to an end. After termination, if we
choose to perform administrative or limited
filing services on your behalf, including but not
limited to receiving and advising you of a notice
under a contract, lease, consent order, or other
document with continuing effect, or filing
routine or repeated submissions or renewals in
intellectual property or other matters, or
advising you to take action, our representation
of you lasts only for the brief period in which
our task is performed, unless you retain us in
writing at that time to perform further or
additional services. After termination, if you
later retain us to perform further or additional
services, our attorney-client relationship will
commence again subject to these terms of
engagement unless we both change the terms
7
in writing at that time. Following termination of
our representation, changes may occur in
applicable laws that could impact your future
rights and liabilities. Unless you actually
engage us in writing to provide additional
advice on issues arising from the matter after
its completion, we have no continuing
obligation to advise you with respect to future
legal developments.
During or following our representation of you,
we will be entitled to recover from you fees for
any time spent and other charges, calculated
at the then applicable rates if we are asked to
testify or provide information in writing as a
result of our representation of you or any legal
requirements, or if our records from our
representation of you are demanded, or if any
claim is brought against any Squire Patton
Boggs entity or any of its personnel based on
your actions or omissions (in addition to any
other costs involving the claim), or if we must
defend the confidentiality of your
communications under the attorney-client or
any other legal professional privilege (in which
case we will to the extent that circumstances
permit make reasonable efforts to inform you
of the requirement made upon us and give you
the opportunity to waive privilege).
HOW WE SET OUR FEES
Unless another basis for billing is established
in this engagement agreement, we will bill you
monthly for the professional fees of attorneys,
paralegals, and other personnel incurred on
your behalf based on their applicable rates and
the number of hours they devote to your
representation. Overall fees will be in accord
with the factors in the applicable rules
governing professional responsibility. The
billing rates of the personnel initially assigned
to your representation are generally specified
in the accompanying engagement letter. The
billing rates of our attorneys, paralegals, and
other personnel vary, depending generally
upon the experience and capabilities of the
individual involved. Unless otherwise agreed
in writing, we will charge you for their services
at their applicable rates. Our hourly billing
rates are adjusted from time to time, usually at
the beginning of each year, both on a selected
and firm wide basis. In addition, as personnel
gain experience and demonstrate improved
skills over time, they may advance into
categories that generally have higher hourly
billing rates. Advancements to a higher
category are typically made annually. Upon
any adjustment in the applicable rates, we will
charge you the adjusted rates.
At times clients ask us to estimate the total fees
and other charges that they are likely to incur
in connection with a particular matter.
Whenever possible, we are pleased to respond
to such requests with an estimate or proposed
budget. Still, it must be recognized that our
fees are often influenced by factors that are
beyond our control or unforeseeable or both.
This is particularly true in litigation and other
advocacy contexts in which much of the
activity is controlled by the opposing parties
and the Judge, Arbitrator or other decision-
maker. Accordingly, such an estimate or
proposal carries the understanding that, unless
we agree otherwise in writing, it does not
represent a maximum, minimum, or fixed fee
quotation. The ultimate cost frequently is more
or less than the amount estimated.
Accordingly, we have made no commitment to
you concerning the maximum fees and costs
that will be necessary to resolve or complete
this matter. We will not be obliged to continue
work if the fees or other charges accrued on a
matter reach an estimate previously given and
a revised estimate cannot be agreed. It is also
expressly understood that payment of our fees
and charges is in no way contingent on the
ultimate outcome of the matter.
OTHER CHARGES
As an adjunct to providing legal services, we
may incur and pay a variety of charges on your
behalf or charge for certain ancillary support
services. Whenever we incur such charges on
your behalf or charge for such ancillary support
services, we bill them to you separately or
8
arrange for them to be billed to you directly.
We may also require an advance payment
from you for such charges. These charges
typically relate to long-distance telephone
calls; messenger, courier, and express
delivery services; facsimile and similar
communications; document printing,
reproduction, scanning, imaging and related
expenses; translations and related charges;
filing fees; depositions and transcripts; witness
fees; travel expenses; computer research; and
charges made by third parties (such as outside
experts and consultants, printers, appraisers,
local and foreign counsel, government
agencies, airlines, hotels and the like). Other
charges will generally be itemized on your bill,
and will also be subject to VAT where
applicable. Any bank charges which we incur
when making check payments or telegraphic
transfers of money will be charged to you
inclusive of a handling fee. Our charges for
these ancillary support services generally
reflect our direct and indirect costs, but
charges for certain items exceed our actual
costs. For some services, particularly those
that involve significant technology and/or
support services which we provide (such as
imaging documents and computer research),
we attempt from time to time to reduce costs
by contracting with vendors to purchase a
minimum volume of service that is beyond the
needs of any single client. In those cases, we
may bill you at a per unit rate that may not
reflect the quantity discounts we obtain. In
many cases the total quantity that will be used
by all of our clients over a year or other period
of time is not certain. Our charge for fax
services is typically based on a charge per
page rather than the cost of the telephone
usage. In the event any of our statements for
such services are not paid by their due dates,
you agree that we have the right not to
advance any further amounts on your behalf.
When you send us a letter at the request of
your auditors asking us for a response on any
loss contingencies, we will charge you a fixed
fee for our response that varies with the level
of difficulty of the response.
Letter Type Description Rate
Clean No litigation
reported US $550
Normal 1-3 cases US $850
Extraordinary >3 cases US $1,350
Update
Update of
prior
response
US $400
No-Services
Verifying no
work for client
during fiscal
year
US $75
Notwithstanding our advance payments of any
charges, you will be solely responsible for all
invoices issued by third parties. It is our policy
to arrange for outside providers of services
involving relatively substantial charges (such
as the fees of outside consultants, expert
witnesses, appraisers, and court reporters) to
bill you directly.
Prompt payment by you of invoices generated
by third-party vendors is often essential to our
ability to deliver legal services to you.
Accordingly, you agree that we have the right
to treat any failure by you to pay such invoices
in a timely manner to be a material breach of
your obligation to cooperate with us.
Unless we agree specifically in writing and you
advise any other law firm, professionals, or
third-parties in writing that they must comply
with our directions, we are not responsible for
them.
BILLING ARRANGEMENTS AND
PAYMENT TERMS
We will bill you on a regular basis – normally,
each month – for both fees and other charges.
You agree to make payment within thirty (30)
days of the date of our statement, unless a
different period of time is specified in the
Engagement Letter. If you have any issue with
our statement, you agree to raise it specifically
before thirty (30) days from the date of our
statement or any other due date established in
an Engagement Letter. If the issue is not
9
immediately resolved, you agree to pay all fees
and other charges not directly affected by the
issue before thirty (30) days from the original
bill or any other due date established in an
Engagement Letter and all amounts affected
by the issue within ten (10) days of its
resolution. If we have rendered a final bill and
we become liable for other charges incurred on
your behalf, we will be entitled to render a
further bill or bills to recover those amounts. In
the event that a statement is not paid in full
before thirty (30) days from the date of our
statement or any other due date established in
an Engagement Letter late charges will be
imposed on any unpaid fees and/or costs at
the combined rate of eight percent (8%) per
annum or at any lower rate legally required by
a particular jurisdiction. If the cover letter
accompanying these Standard Terms of
engagement specifies an event or an alternate
date upon which payment is due, late charges
will be imposed on any unpaid fees and/or
costs thirty (30) days after the specified event
or date or any other period specified in an
Engagement Letter. The purpose of the late
payment charge is to encourage prompt
payment, thus reducing our billing and
collection costs.
In addition, if your account becomes
delinquent and satisfactory payment terms are
not arranged, we may postpone or defer
providing additional services or withdraw, or
seek to withdraw, from the representation
consistent with applicable rules. You will
remain responsible for payment of our legal
fees rendered and charges incurred prior to
such withdrawal.
When personnel from other Squire Patton
Boggs entities have provided services to you,
the portion of any invoice to you including such
services is issued on behalf of the other Squire
Patton Boggs entities that have provided
services to you. The portion of your payment
of fees and charges for the services and
expenses of any such other Squire Patton
Boggs entities will be attributed to them in
accordance with our agreement with them,
which reflects in major part the work performed
by their personnel and expenses they incurred.
If our representation of you results in a
monetary recovery by litigation or arbitration
award, judgment, or settlement, or by other
realization of proceeds, then (when permitted
by applicable law) you hereby grant us an
attorneys’ lien on those funds in the amount of
any sums due us.
We look to you, the client, for payment
regardless of whether you are insured to cover
the particular risk. From time to time, we assist
clients in pursuing third parties for recovery of
attorneys’ fees and other costs arising from our
services. These situations include payments
under contracts, statutes or insurance policies.
However, it remains your obligation to pay all
amounts due to us before expiration of thirty
(30) days from the date of our statement
unless a different period is established in an
Engagement Letter.
TAXES
You will be responsible for any applicable VAT
or other sales tax that any jurisdiction may
impose on our fees and other charges for this
representation.
DATA PROTECTION AND PRIVACY
We each have our respective obligations to
relevant government authorities and to
individuals whose personal data we process to
comply with applicable data protection laws.
Where the European Union (“EU”) General
Data Protection Regulation (“GDPR”) and
national implementing legislation apply in
relation to any personal data that you provide
to us, we each act as a controller in our own
right in regard to our respective processing of
the personal data. Please refer to our Global
Website Privacy Notice; our Privacy Notice for
our Australian offices; and, in particular, our
Privacy Notice for our EU offices (“EU Privacy
Notice”). These are published on the Squire
Patton Boggs website at
10
www.squirepattonboggs.com. Our EU Privacy
Notice describes the processing activities of
our EU offices as controllers of the personal
data of our clients, individuals connected to our
clients and other business contacts, in
accordance with GDPR requirements. In
fulfilling our duties to relevant government
authorities and individuals under applicable
law our EU offices will process personal data
that you share with us, or that we obtain from
other sources on your behalf, only for the
relevant purposes that are set out in our EU
Privacy Notice or any supplemental notice that
we may provide to you in connection with a
particular matter. You may also have
obligations under the GDPR and you will
reasonably cooperate with us with respect to
any personal data that are shared between us,
in order to facilitate compliance with the
relevant provisions of the GDPR. If you
disclose or transfer to us personal data
concerning individuals who are connected to
you, or are otherwise relevant to a matter on
which we have been retained to provide legal
services to you, it shall be your responsibility
as the controller of that data to transfer or
otherwise disclose such personal data in
compliance with GDPR requirements including
(without limitation) by: (A) transferring the
personal data to us only as necessary for us to
provide the legal services for which you have
retained us; (B) having a lawful basis for
disclosing the personal data to us; (C)
providing all the information required to be
provided by the GDPR, in the applicable
circumstances, to the relevant individuals
concerning the transfer of their personal data
to us (including, where possible, a link to the
EU Privacy Notice published on the Squire
Patton Boggs website); and (D) assuming the
primary responsibility for responding to data
subject access requests in relation to personal
data that you have shared with us.
We will cooperate with you when reasonably
possible to ensure that the required
information referred to above is made
accessible to the relevant individuals; and we
will meet our own obligations to provide
information directly to the individuals
concerned, such as any customized privacy
notice that we may issue to address a specific
matter if required by particular circumstances;
but in most cases, it would be impossible, or
would require disproportionate effort on our
part to provide notice directly to all individual
third parties that are connected to you when
you share their personal data with us. The
description of our respective obligations under
applicable data protection laws covers our
respective obligations to relevant government
authorities and to individuals whose personal
data we process, but does not create new
duties or obligations between us by virtue of
these Standard Terms (except as explicitly
stated concerning cooperation and our
respective roles as controllers of personal
data).
CLIENT AND FIRM DOCUMENTS
We will maintain any documents you furnish to
us in our client files for this matter. At the
conclusion of the matter (or earlier, if
appropriate), it is your obligation to advise us
promptly as to which, if any, of the documents
in our files you wish us to turn over to you. At
your request, your papers and property will be
returned to you promptly upon receipt of
payment for outstanding fees and other
charges. Your documents will be turned over
to you in accordance with ethical requirements
and subject to any lien that may be created by
law for payment of any outstanding fees and
costs. We may keep a copy of your files if you
ask us to return or transfer your files. We will
retain our own documents and files, including
our drafts, notes, internal memos,
administrative records, time and expense
reports, billing and financial information,
accounting records, conflict checks, personnel
materials, and work product, such as drafts,
notes, internal memoranda, and legal and
factual research, including investigative
reports, and other materials prepared by or for
the internal use of our lawyers. All such
documents which we retain will be transferred
to the person responsible for administering our
11
records retention program. For various
reasons, including the minimization of
unnecessary storage charges, we have the
right to destroy or otherwise dispose of any
such documents or other materials retained by
us seven (7) years after the termination of the
engagement, unless applicable law permits or
requires a shorter or longer period for
preservation of documents, or unless a
different period is specified in a special written
agreement signed by both of us.
With regard to any documents containing EU
personal data that you transfer to us that we
have not previously destroyed as explained
above, we will act under your instructions in
relation to the timing of the deletion for such
data in order to comply with the GDPR storage
limitation principle or to assist you in
responding to a valid data subject request for
the deletion of personal data.
EQUALITY AND DIVERSITY
We have a written Equality and Diversity policy
to which we seek to adhere at all times in the
performance of our services. A copy will be
provided to you upon your written request and
is available on our website.
DISCLOSURE OF YOUR NAME
We are proud to serve you as legal counsel
and hope to share that information with other
clients and prospective clients. On occasion,
we provide names of current clients in
marketing materials and on our Web site. We
may include your name on a list of
representative clients. We may also prepare
lists of representative transactions or other
representations, excluding of course any we
believe are sensitive. If you prefer that we
refrain from using your name and
representation in this manner, please advise
us in writing.
SQUIRE PATTON BOGGS
ATTORNEY/CLIENT PRIVILEGE
If we determine during the course of the
representation that it is either necessary or
appropriate to consult with our General
Counsel, one of our Ethics Lawyers or other
specially designated lawyer or outside
counsel, we have your consent to do so with
the confidentiality of our communications with
such counsel protected by an attorney-client
privilege which will not be diminished by our
representation of you.
SEVERABILITY
In the event that any provision or part of this
engagement agreement, including any letters
expressly stated to be part of the engagement
agreement, should be unenforceable under the
law of the controlling jurisdiction, the remainder
of this engagement agreement shall remain in
force and shall be enforced in accordance with
its terms.
PRIMACY
Unless expressly superseded by explicit
reference the sections “Who is our Client,”
“Conflicts of Interest,” and/or “Public Policy
Practice” are fully effective notwithstanding
another provision in case of any duplication
and to the fullest extent possible in case of
inconsistency.
ENTIRE AGREEMENT
This engagement agreement supersedes all
other prior and contemporaneous written and
oral agreements and understandings between
us and contains the entire agreement between
us. This engagement agreement may be
modified only by a signed written agreement by
you and by us. You acknowledge that no
promises have been made to you other than
those stated in this engagement agreement.
12
INTERPRETATIONS
This agreement shall be interpreted to
effectuate the intention of the Parties to
observe all applicable present and future
ethical and legal requirements and
prohibitions. To the extent that any existing or
future legal or ethical requirement or
prohibition in any applicable jurisdiction does
not allow or otherwise conflicts with any
provision of this engagement agreement or
service contemplated in it, then it shall not
apply in whole or in part to the extent of such
conflict or prohibition. Further, any such
provision or service offering shall be deemed
modified to the extent necessary to make it
valid and consistent with such requirements
and prohibitions.
GOVERNING LAW, COURTS AND BAR
ASSOCIATIONS
All questions arising under or involving this
engagement or concerning rights and duties
between us will be governed by the law
(excluding choice of law provisions) and
decided exclusively by the courts and Bar
authorities of the jurisdiction in which the
lawyer sending you this engagement
agreement has his or her principal office
unless another jurisdiction is specified in the
letter accompanying these Standard Terms.
When another jurisdiction provides that its law
or courts or Bar authorities will govern
notwithstanding any agreement, that other law
may of course control, at least on certain
questions.
IN CONCLUSION
We look forward to a mutually satisfying
relationship with you. If you have any
questions about, or if you do not agree with one
or more of these terms and conditions, please
communicate with your principal contact at the
Firm so that we can try to address your
concerns. Your principal contact can
recommend changes that will be effective once
you receive written notice of approval of any
revisions, which, depending on the nature of
the request, will be made by a Lawyer in
Management and/or an Ethics Lawyer. Thank
you.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-458 Agenda Date:6/9/2021
Version:1 Item #:14.
Report regarding an adoption of an Ordinance amending Title 15 (Buildings and Construction)of the South San
Francisco Municipal Code to adopt certain modifications and additions to the California Energy Code/Building
Energy Efficiency Standards and the California Green Building Standards Code which serve as Reach Codes to
increase building efficiency and increase requirements related to electric vehicle charging stations.(Alex
Greenwood, Director of Economic and Community Development)
RECOMMENDATION
It is recommended that the City Council waive reading and adopt an ordinance amending Title 15
(Buildings and Construction)of the South San Francisco Municipal Code to adopt certain modifications
and additions to the California Energy Code/Building Energy Efficiency Standards and the California
Green Building Standards Code which serve as Reach Codes to increase building efficiency and increase
requirements related to electric vehicle charging stations.
BACKGROUND/DISCUSSION
The City Council previously waived reading and introduced the following Ordinance:
Ordinance amending Title 15 of the South San Francisco Municipal Code to adopt certain modifications and
additions to the California Energy Code/Building Energy Efficiency Standards and the California Green
Building Standards Code which serve as Reach Codes to increase building efficiency and increase requirements
related to electric vehicle charging stations.
(Introduced 5/26/21; Vote 5-0)
The Ordinance is now ready for adoption.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-459 Agenda Date:6/9/2021
Version:1 Item #:14a.
An ordinance amending Title 15 (Buildings and Construction)of the South San Francisco Municipal Code to
adopt certain modifications and additions to the California Energy Code/Building Energy Efficiency Standards
and the California Green Building Standards Code which serve as Reach Codes to increase building efficiency
and increase requirements related to electric vehicle charging stations.
WHEREAS,in 2019,the City of South San Francisco (“City”)adopted by reference the 2019
California Building Standards Code,including the Green Building Standards Code and Building Efficiency
Energy Standards,and as amended and adopted by the California Building Standards Commission,pursuant
to the requirements of Government Code section 50020 et seq.; and
WHEREAS,pursuant to sections 17922,17958,17958.5 and 17958.7 and 18941.5 of the Health and
Safety Code,the City may make certain amendments to the California Building Standards Code,including
provisions of the Green Building Standards Code and Building Efficiency Energy Standards,based upon
express findings that such changes or modifications are reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS,the City Council desires to amend portions of the California Energy Code/Building
Energy Efficiency Standards relating to all-electric buildings,and the California Green Building Standards
Code relating electric vehicles; and
WHEREAS,these proposed local amendments are to adopt a set of “Reach Codes”to better address
local conditions,and establish energy standards that are more stringent than the statewide standards,based on
express findings that such local amendments are reasonably necessary because of local climatic,geological
or topographical conditions as set forth in this ordinance; and
WHEREAS,the proposed All-Electric Building Reach Code is intended to require buildings to
achieve increased energy reductions and energy efficiency,and the proposed Electric Vehicle Reach Code is
intended to ensure that new buildings can charge a greater number of electric vehicles beyond state code
requirements and reduce greenhouse gas emissions; and
WHEREAS,Public Resources Code Section 25402.l (h)2 and Section 10-106.of the Building Energy
Efficiency Standards establish a process which allows local adoption of energy standards that are more
stringent than the statewide standards (commonly referred to as Energy Reach Codes),provided that such
local standards are cost effective and the California Energy Commission finds that the standards will require
buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS,the California Codes and Standards Reach Code Program (“State Reach Code
Program”)has facilitated a cost-effectiveness study for Energy Reach Codes,which analyzed the cost-City of South San Francisco Printed on 6/10/2021Page 1 of 11
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Program”)has facilitated a cost-effectiveness study for Energy Reach Codes,which analyzed the cost-
effectiveness of several building prototypes including one-story and two-story single-family homes,a two-
story and five-story multifamily building,a three-story office building,a one-story retail building,and a four-
story hotel; and
WHEREAS,based on such study,the State Reach Program determined specific modifications to the
2019 State Energy Code for each climate zone that are cost effective and such modifications will result in
designs that consume less energy than they would under the 2019 State Energy Code; and
WHEREAS,the single-family homes,multifamily homes,and office building prototypes and the
related cost-effective analysis thereof are directly applicable to developments occurring in the City,and City
staff has analyzed recent permit data in determining the scope of an Energy Reach Code; and
WHEREAS,based on the foregoing analyses and as described in the accompanying staff report,the
City Council finds that local amendments to the California Energy Code contained in this ordinance are cost
effective and will require buildings to be designed to consume no more energy than permitted by the
California Energy Code and proposed amendments to the California Green Building Standards Code will
ensure that new buildings can charge a greater number of electric vehicles beyond state code requirements
and reduce greenhouse gas emissions; and
WHEREAS,pursuant to Public Resources Code Section 25402.1(h)(2),Section 10-106 Locally
Adopted Energy Standards of the California Administrative Code,Title 24 of the California Code of
Regulations,Part I,and the California Energy Commission’s submission and approval process,the City
Council further finds that the requirements in the proposed local amendments will save energy and are cost-
effective within the City; and
WHEREAS,the City Council finds that each of the amendments,additions and deletions to the
California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards
Code contained in this ordinance are reasonably necessary because of local climatic,geological or
topographical conditions described in Section 1 below; and
WHEREAS,prior to the effective date of this ordinance,the City shall file a copy of the ordinance
with the California Building Standards Commission and submit for review to the California Energy
Commission, as applicable.
NOW THEREFORE,the City Council of the City of South San Francisco does hereby ordain as
follows:
SECTION 1.Findings and Determinations
1. The foregoing Recitals and true and correct and are made a part of this ordinance.
2.The following local climatic,geologic and topographic conditions justify modifications to the California
Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code.
A.The City Council of the City of South San Francisco finds that in order to best protect the
health,safety and welfare of the citizens of the City of South San Francisco,the standards of
building within the City must conform to state law except where local climatic,geological,and
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building within the City must conform to state law except where local climatic,geological,and
topographic conditions warrant more restrictive regulations.
B.Pursuant to Sections 17958.5 and 17958.7 (a)of the State of California Health and Safety Code,
the governing body of the City of South San Francisco determines and finds that all the proposed
modifications to the California Energy Code/Building Energy Efficiency Standards and the
California Green Building Standards Code are reasonably necessary because of local climatic,
geological and topographic conditions as discussed below.
C.Climatic:The City is located in Climate Zone 3 as established in the 2019 California Energy
Code.The City experiences precipitation averages 18.83 inches/year eighty percent (80%)falls
during the months of November through April,and twenty percent (20%)from May through
October.This is a dry period of at least five months each year.Humidity generally ranges from
sixty two percent (62%)during daytime and eighty-six percent (86%)at night.It occasionally
drops lower during the months of September through November.Temperatures have been recorded
as high as 106 degrees Fahrenheit.Average summer highs are in the 70-73 degree range.Summer
prevailing winds are from the North-West direction.However,winds are experienced from virtually
every direction at one time or another.Velocities are generally in the 5-10 mph range,gusting to 23
mph,particularly during the summer months.Extreme winds,up to 50 mph,have been known to
occur.These local climatic conditions affect the acceleration intensity,and size of fires in the
community.Times of little or no rainfall,of low humidity and high temperatures create extremely
hazardous conditions,particularly as they relate to wood shake and shingle roof fires and
conflagrations.Climate change is causing historic draughts,devastating wildfires,torrential storms,
extreme heat,property damage,and threats to human health and food supplies.The State of
California has outlined specific steps to reduce greenhouse gas emissions to prevent these negative
impacts of changing climate including moving the State to 100 percent clean energy by 2045.This
gives local governments the opportunity to achieve greenhouse gas emission reductions with a
climate-positive impact by powering buildings from clean electricity.These climatic conditions
along with the greenhouse emissions generated from structures in both the residential and
nonresidential sectors requires exceeding the energy standards for building construction established
in the 2019 California Buildings Standards Code.
D.Geologic:The San Francisco Bay area region is densely populated and located in an area of high
seismic activities.The City is located within San Mateo County which contains active faults such
as San Andreas,San Gregorio,Seal Cove,and other lesser faults.The San Andreas Fault is located
between 0 and 3 miles from any point within the City.Earthquake activity with nearby epicenters
has the potential for inducing landslides which can create situations of reduced emergency response
times and restoration of power utilities.Earthquakes of the magnitude experienced locally can
cause major damage to electrical transmission facilities and natural gas infrastructure,which in turn
cause power failures while at the same time starting fires or gas explosions throughout South San
Francisco.Fire following an earthquake has the potential of causing greater loss of life and damage
than the earthquake itself.There is a need to reduce dependence on the natural gas infrastructure to
reduce harms and increase energy resiliency in the event of an earthquake.The modifications and
changes cited herein are designed to reduce natural gas hazards in buildings and encourage energy
resiliency through increased installation of solar and storage systems.
E.Topographic:The City is made up of open terrain with scattered obstructions having heights
and widths generally less than 30 feet,including flat open country,grasslands,hillsides and bay
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and widths generally less than 30 feet,including flat open country,grasslands,hillsides and bay
exposure.Significant elevation changes are also present in this setting;highly combustible dry
grass,weeds and brush are common in the hilly and open space areas adjacent to built-up locations
six to eight months of each year.When these areas experience wildland fires,they immediately
threaten nearby buildings.This condition is especially significant in developed areas of the City
that interface and intermix with adjoining open space such as Sign Hill.The threat of wildland fires
could be compounded by above-ground electrical power transmission lines suspended on poles and
towers exist throughout the City.Additionally,South San Francisco’s downtown and surrounding
areas contain numerous historic and older buildings that are located very close together,which
exacerbates the fire danger from dry conditions,wind,and shake/shingle roofs.The topography of
the City also challenged by major development patterns,where major employment areas adjacent
to major thoroughfares within the City have created added traffic congestion thereby reducing the
response time capabilities of the various fire agencies.The conditions within the City create
hazardous conditions for which modifications to adopt stricter standards than prescribed in the
California Energy Code/Building Energy Efficiency Standards and the California Green Building
Standards Code is warranted.
3.Amendments to the California Building Standard Codes have been adopted in the past by the City Council
based on specific findings of local geographic,topographic and climatic conditions;and the Council hereby
reaffirms such findings and confirms that the facts on which such findings were based continue to exist.
SECTION 2.Amendments to Chapter 15.26-California Energy Code/California
Building Energy Efficiency Standards (Cal. Code Regs. Title 24, Part 6)
A new section 15.26.020 is added to Chapter 15.26 of Title 15 of the South San Francisco Municipal Code to
read as follows.
Section 15.26.020 Amendments to the Energy Code/Building Energy Efficiency
Standards
The California Energy Code/Building Energy Efficiency Standards (Cal.Code Regs.Title 24,Part 6)are
amended as follows.Section and table numbers used herein are those of the California Energy Code.
Sections and subsections not amended are not included below and shall remain in full force and effect.
SUBCHAPTER 1
ALL OCCUPANCIES- GENERAL PROVISIONS
SECTION 100.0 - Scope
(e)Sections applicable to particular buildings.TABLE 100.0-A and this subsection list the provisions of Part 6
that are applicable to different types of buildings covered by Section 100.0(a).
1. All buildings. Sections 100.0 through 110.12 apply to all buildings.
EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A.
2. Newly constructed buildings.
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A.All newly constructed buildings.Sections 110.0 through 110.12 apply to all newly constructed
buildings within the scope of Section 100.0(a).In addition,newly constructed buildings shall
meet the requirements of Subsections B, C, D or E, as applicable.
(i)Newly constructed residential buildings shall be an All-Electric Building as defined in Section
100.1(b).For the purposes of All-Electric Building requirements under this subdivision A-1,
newly constructed residential buildings as defined in Section 100.1 shall include a construction
project where an alteration includes “renovations”to residential buildings where either (1)
replacement of over 50%of the existing foundation for purposes other than a repair or
reinforcement as defined in California Existing Building Code Section 202;or (2)when over
50%of the existing framing above the sill plate is removed or replaced for purposes other than
repair.If either of these criteria are met within a 3-year period,measured from the date of the
most recent previously obtained permit final date,that structure is considered new construction
and shall be subject to the All-Electric Building requirements.The final determination whether a
project meets the definition of substantial reconstruction/alteration shall be made by the Director
of Economic & Community Development or his or her designee.
Exception 1:Multifamily residential building projects with at least one hundred (100)units and
that receive valid entitlements from the City of South San Francisco within six (6)months of the
effective date of the enabling ordinance of this subdivision 2(i)are not required to be an All-
Electric Building and shall be exempted from the requirements under this subdivision (2)(i).
However,if the Director of Economic &Community Development or his or her designee grants a
modification pursuant to this Exception,the applicant shall comply with the pre-wiring provision
of Note 1 below.
Exception 2:If the applicant establishes that there is not an all-electric prescriptive compliance
pathway for the building under the Energy Code,and that the building is not able to achieve the
performance compliance standard applicable to the building under the Energy Code using
commercially available technology and an approved calculation method,then the Director of
Economic &Community Development or his or her designee may grant a modification.If the
Director of Economic &Community Development or his or her designee grants a modification
pursuant to this Exception,the applicant shall comply with the pre-wiring provision of Note 1
below.The applicant shall have the burden of proof in establishing that an exception is warranted
under this Exception 2.The Director of Economic &Community Development or his or her
designee may establish administrative guidelines to implement this Exception 2.
Exception 3:Newly constructed nonresidential buildings and all nonresidential occupancies in a
mixed-use building shall be exempted from the requirements under this subdivision (2)(i).
Note 1:If natural gas appliances are used in any of the above Exceptions 1-2,natural gas
appliance locations must also be electrically pre-wired for future electric appliance installation.
They shall include the following:
1.A dedicated circuit,phased appropriately,for each appliance,with a minimum
amperage requirement for a comparable electric appliance (see manufacturer’s
recommendations)with an electrical receptacle or junction box that is connected to the
electric panel with conductors of adequate capacity,extending to within 3 feet of the
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electric panel with conductors of adequate capacity,extending to within 3 feet of the
appliance and accessible with no obstructions.Appropriately sized conduit may be
installed in lieu of conductors;
2.Both ends of the conductor or conduit shall be labeled with the words “For Future
Electric appliance” and be electrically isolated;
3.A circuit breaker shall be installed in the electrical panel for the branch circuit and
labeled for each circuit, an example is as follows (i.e. “For Future Electric Range;”) and
4.All electrical components,including conductors,receptacles,junction boxes,or blank
covers,related to this section shall be installed in accordance with the California
Electrical Code.
Note 2:If any of the Exceptions 1-2 are granted,the Director of Economic &Community
Development or his or her designee shall have the authority to approve alternative materials,
design and methods of construction or equipment per California Building Code Section 104.
SECTION 100.1(b) - Definitions
ALL ELECTRIC BUILDING is defined as a building that has no natural gas or propane plumbing installed
within the building property lines,and instead uses only electricity as the source of energy for its space heating,
water heating (including pools and spas),cooking appliances,and clothes drying appliances.All Electric
Buildings may include solar thermal pool heating,or fossil fuels for backup power generation.For the purposes
of “renovations”to residential buildings listed under Section 100.0(e)(2)(i),where there is existing natural gas
or propane plumbing service facilities or equipment within the building property lines,such preexisting service
facilities or equipment may remain on the property but service shall cease and all facilities and lines must be
capped off at the service point to the building.
SECTION 3.Amendments to Chapter 15.22-California Green Building Code (Cal.
Code Regs. Title 24, Part 11)
A new section 15.22.020 is added to Chapter 15.22 of Title 15 of the South San Francisco Municipal Code to
read as follows.
Section 15.22.020 Amendments to the CALGreen Code
The California Green Building Code (Cal.Code Regs.Title 24,Part 11)is amended as follows.Chapter,
section and table numbers used herein are those of the California Green Building Code.Sections and
subsections not amended are not included below and shall remain in full force and effect.
SECTION 2
DEFINITIONS
SECTION 202. Definitions
Level 1 EV Ready Space:A parking space served by a complete electric circuit with a minimum of 110/120
volt,20-ampere capacity including electrical panel capacity,overprotection device,a minimum 1”diameter
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volt,20-ampere capacity including electrical panel capacity,overprotection device,a minimum 1”diameter
raceway that may include multiple circuits as allowed by the California Electrical Code,wiring,and either a)a
receptacle labelled “Electric Vehicle Outlet”with at least a ½”font adjacent to the parking space,or b)electric
vehicle supply equipment (EVSE).
Level 2 EV Ready Space:A parking space served by a complete electric circuit with 208/240 volt,40-ampere
capacity including electrical panel capacity,overprotection device,a minimum 1”diameter raceway that may
include multiple circuits as allowed by the California Electrical Code,wiring,and either a)a receptacle labelled
“Electric Vehicle Outlet”with at least a ½”font adjacent to the parking space,or b)electric vehicle supply
equipment (EVSE) with a minimum output of 30 amperes.
Electric Vehicle Charging Station (EVCS):A parking space that includes installation of electric vehicle
supply equipment (EVSE)with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV
Ready Space.EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.Electric
vehicle supply equipment (EVSE)shall be installed in accordance with the California Electrical Code,Article
625.
Automatic Load Management Systems (ALMS):A control system which allows multiple EV chargers or EV
-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger,
providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability.
ALMS systems must be designed to deliver a minimum of 8-amperes and not less than 1.4-kiloWatts at the
provided voltage,to each EV Capable,EV Ready or EVCS space served by the ALMS,and meet the
requirements of California Electrical Code Article 625.The connected amperage on-site shall not be lower than
the required connected amperage per Part 11,2019 California Green Building Code for the relevant building
types.
Affordable Housing:Residential buildings that entirely consist of units below market rate and whose rents or
sales prices are governed my local agencies to be affordable based on area median income.
SECTION 4
RESIDENTIAL MANDATORY MEASURES
SECTION 4.106 SITE DEVELOPMENT
4.106.4 Electric vehicle (EV)charging for new construction.New construction shall comply with
Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers.
Exceptions:
1.Where there is no commercial power supply.
2.Accessory Dwelling Units (ADU)and Junior Accessory Dwelling Units (JADU)without additional
parking facilities and without electrical service upgrade.ADUs and JADUs without additional parking but
with electrical service upgrades must have reserved breakers and electrical capacity according to the
requirements of 4.106.4.1.
3.Multifamily residential building projects with at least one hundred (100)units and receives valid
entitlements from the City within six (6)months of the effective date of the enabling ordinance for this
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entitlements from the City within six (6)months of the effective date of the enabling ordinance for this
Exception 3 shall only be required to provide at least ten (10)percent of the total number of parking spaces
on a building site,provided for all types of parking facilities,as electric vehicle charging spaces (EV
spaces)capable of supporting future EV charging equipment.Calculations for the required number of EV
spaces shall be rounded up to the nearest whole number.The Director of Economic &Community
Development or his or her designee may consider allowing exceptions to the requirements of this section,
on a case by case basis,if a building permit applicant provides documentation detailing that the increased
cost of utility service or on-site transformer capacity would cause extreme economic hardship.The
applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or
on-site transformer capacity.
For the purposes of this Exception 3,“electric vehicle charging spaces (EV spaces)”referenced above shall
meet the following requirements, as applicable:
a.Single EV space:Install a listed raceway capable of accommodating a 208/240-volt dedicated
branch circuit.The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter).The
raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet,box
or enclosure in close proximity to the proposed location of the EV spaces.Construction documents
shall identify the raceway termination point.The service panel and/or subpanel shall provide
capacity to install a 40-ampere minimum dedicated branch circuit and space(s)reserved to permit
installation of a branch circuit over- current protective device.
b.Multiple EV spaces:Construction raceway termination point and proposed location of future
EV spaces and EV chargers Construction documents shall also pro-vide information on amperage
of future EVSE,raceway method(s),wiring schematics and electrical load calculations to verify
that the electrical panel service capacity and electrical system,including any on-site distribution
transformer(s),have sufficient capacity to simultaneously charge all EVs at all required EV spaces
at the full rated amperage of the EVSE.Plan design shall be based upon a 40-ampere minimum
branch circuit.Raceways and related components that are planned to be installed underground,
enclosed,inaccessible or in concealed areas and spaces shall be installed at the time of original
construction.
c.Identification:The service panel or sub-panel circuit directory shall identify the overcurrent
protective device space(s)reserved for future EV charging purposes as “EV CAPABLE”in
accordance with the California Electrical Code.
4.If the applicant establishes that an Electric Vehicle Charging Infrastructure requirement is infeasible for
the project due to exceptional or extraordinary circumstances particular to the project,then the Director of
Economic &Community Development or his or her designee may grant a modification to the requirements
of this Section 4,Residential Mandatory Measures.The applicant shall submit findings demonstrating:(1)a
unique reason that makes the requirement at issue impractical;(2)the modification is in conformity with the
intent and purpose of the Electric Vehicle Code;and (3)the modification will be narrowly tailored to the
extent necessary to address the infeasibility only.Circumstances that constitute infeasibility include,but are
not limited to,conflicts with other sections of the South San Francisco Municipal Code or Zoning Code or a
lack of commercially available materials and technologies to comply with the requirements herein.
4.106.4.1 New one-and two-family dwellings and town-houses with attached private garages.For
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each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space.
Exception:For each dwelling unit with only one parking space, install a Level 2 EV Ready Space.
4.106.4.1.1 Identification.The raceway termination location shall be permanently and visibly
marked as “Level 2 EV-Ready”.
4.106.4.2 New multifamily dwellings.The following requirements apply to all new multifamily
dwellings.
1.For multifamily buildings with less than or equal to 20 dwelling units,one parking space per
dwelling unit with parking shall be provided with a Level 2 EV Ready Space.
2.When more than 20 multifamily dwelling units are constructed on a building site:
a.Install one Level 2 EV Ready Space in the first 20 dwelling units with parking spaces.
b.For each additional dwelling unit over 20,25%of the dwelling units with parking space
(s)shall be provided with at least one Level 2 EV Ready Space.Calculations for the
required minimum number of Level 2 EV Ready spaces shall be rounded up to the
nearest whole number.
c.In addition,each remaining dwelling unit with parking space(s)shall be provided with at
least a Level 1 EV Ready Space.
Exception:For all multifamily Affordable Housing,10%of dwelling units with parking space
(s)shall be provided with at least one Level 2 EV Ready Space.Calculations for the required
minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number.
The remaining dwelling units with parking space(s)shall each be provided with at least a Level
1 EV Ready Space.
Notes:
1.Installation of Level 2 EV Ready Spaces above the minimum number required level may offset
the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.
2.The requirements apply to multifamily buildings with parking spaces including:a)assigned or
leased to individual dwelling units, and b) unassigned residential parking.
3.In order to adhere to accessibility requirements in accordance with California Building Code
Chapters 11A and/or 11B,it is recommended that all accessible parking spaces for covered
newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready
Spaces.
4.106.4.2.1.1 Electric vehicle charging stations (EVCS).When EV chargers are installed,EV
spaces shall comply with at least one of the following options:
1.The EV space shall be located adjacent to an accessible parking space meeting the requirements
of the California Building Code,Chapter 11A,to allow use of the EV charger from the
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accessible parking space.
2.The EV space shall be located on an accessible route,as defined in the California Building Code
, Chapter 2, to the building.
Exception:Electric vehicle charging stations designed and constructed in compliance with the
California Building Code,Chapter 11B,are not required to comply with Section 4.106.4.2.1.1.
and Section 4.106.4.2.2, Item 3.
Note:Electric vehicle charging stations serving public housing are required to comply with the
California Building Code, Chapter 11 B.
4.106.4.2.2 Electric vehicle charging space (EV space)dimensions.The EV spaces shall
be designed to comply with the following:
1.The minimum length of each EV space shall be 18 feet (5486 mm).
2.The minimum width of each EV space shall be 9 feet (2743 mm).
3.One in every 25 EV spaces,but not less than one,shall also have an 8-foot (2438 mm)wide
minimum aisle.A 5-foot (1524 mm)wide minimum aisle shall be permitted provided the
minimum width of the EV space is 12 feet (3658 mm).
a)Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units
horizontal (2.083 percent slope) in any direction.
Exception.Where the South San Francisco Municipal Code permits parking space dimensions that
are less than the minimum requirements stated in this section 4.106.4.2.2,and the compliance with
which would be infeasible due to particular circumstances of a project,an exception may be granted
by the Director of Economic &Community Development or his or her designee as described in
Exception 4 of Section 4.106.4 above.New construction shall continue to comply with 2019
California Building Code Section11B-812 and Table11B-228.3.2.1, as applicable.
4.106.4.2.3 Automated Load Management Systems.As defined in Section 2,ALMS shall
be allowed to meet the requirements of 4.106.4.2.
SECTION 4.Severability
In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,such
section or portion shall be deemed severable and all other sections or portions hereof shall remain in full
force and effect.
SECTION 5.California Environmental Quality Act
The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality
Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA
Guidelines”)under the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment,and in this case it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment (CEQA Guidelines §15061(b)
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that the activity in question may have a significant effect on the environment (CEQA Guidelines §15061(b)
(3)).Adoption of the proposed ordinance would not be an activity with potential to cause significant effect on
the environment because the proposed changes made to the California Energy Code herein are enacted to
provide more protection to the environment,and do not directly facilitate new development,or changes in
the type and intensity of land use.
SECTION 6.Publication and Effective Date
This Ordinance,with the exception of amendments to the California Energy Code contained in Section 2
above,shall become effective thirty (30)days from and after its adoption.Amendments to the California
Energy Code contained in Section 2 shall become effective following approval by the California Energy
Commission.
Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be
prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is
scheduled to be adopted,the City Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office
a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this ordinance,the City
Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office a certified copy of the full text of
this Ordinance along with the names of those City Council members voting for and against this Ordinance or
otherwise voting.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-424 Agenda Date:6/9/2021
Version:1 Item #:15.
Report regarding consideration of a Development Agreement,a Relocation Agreement,and Sign Permit to
allow the installation of a 80 foot tall,double-faced,digital billboard on property located at 345 Shaw Road,
and determining that the 2015 IS/MND continues to serve as the applicable environmental review document
pursuant to CEQA.(Billy Gross, Senior Planner)
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1.Adopt a Resolution making findings and determining that the 2015 IS/MND continues to serve as the
applicable environmental review document pursuant to CEQA Guidelines sections 15162 and 15164
for the proposed digital billboard project at 345 Shaw Road and no additional environmental document
would be needed;and approving the project including a Relocation Agreement and Sign Permit
(SIGNS19-0049), based on attached findings and conditions of approval.
2.Introduce an Ordinance adopting a Development Agreement (DA19-0001)for the installation of an 80
foot tall, double-faced digital billboard on property located at 345 Shaw Road.
BACKGROUND/DISCUSSION
In general,existing policies prohibit new billboards to be installed in the City to protect residential zones and
several other areas where there is a concern of establishing visual barriers.However,through a relocation
agreement process,the City has remained open to allowing billboards in select commercial/industrial areas if
certain design and land use concerns are addressed,and if there is an exchange that removes billboards from
unwanted areas, including residential districts.
In 2015,the City Council approved a General Plan Amendment and Zoning Ordinance Text Amendment to
allow a limited number of digital billboards along U.S.Highway 101 (US 101)to provide an additional source
of revenue for the City,promote economic development and expand the communication of community services.
Under current regulations,a maximum of three digital billboards could be located on the west and east sides of
US 101 south of Sister Cities Boulevard and north of the City’s southern boundary.
Two digital billboard projects have been approved by the City:the first at 101 Terminal Court (by Clear
Channel,constructed in 2016),and the second at 180 South Airport Boulevard (by Outfront Media,constructed
in 2019).
Clear Channel Billboard Project
Clear Channel Outdoor LLC (Clear Channel)has submitted an application to construct a digital billboard on the
property at 345 Shaw Road.This would be the third digital billboard currently allowed by the Zoning
Ordinance.The proposed digital billboard would consist of a new,double-faced V-shaped outdoor advertising
sign,with digital message center displays measuring 17 feet high and 59 feet wide,and with minimal frame
around the signs. As such, the sign would be the same size as the Clear Channel sign approved in 2015.
Light sensors would be installed to measure ambient light levels and to adjust light intensity of the sign to
respond to any change in ambient light conditions.Lighting levels on the digital billboard would not exceed 0.3City of South San Francisco Printed on 6/4/2021Page 1 of 6
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File #:21-424 Agenda Date:6/9/2021
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respond to any change in ambient light conditions.Lighting levels on the digital billboard would not exceed 0.3
foot candles over ambient levels,as measured using a foot candle meter at a pre-set distance (350 feet for the
proposed 17 foot x 59 foot face size).The brightness of the LED display is subject to adjustment based on
ambient conditions, so the display may be brighter in the daytime than at night.
Clear Channel’s application was originally scheduled to be heard by the City Council on February 12,2020,but
the applicant requested that additional time be provided before final action was taken.The item was
rescheduled, but subsequently the application was put on hold due to the COVID-19 pandemic.
Billboard Regulations
The California Department of Transportation (Caltrans)is involved in the control of off-premise signage
displays along state highways through enforcement of the California Outdoor Advertising Act.Caltrans is also
responsible,through an agreement with the Federal Highway Administration,for controlling off-premise
signage along interstate highways.
Some freeways are classified as “landscaped freeways”that are currently or in the future may be improved by
planting vegetation on one side or on the median.(Bus.&Prof.Code §5216(a).)Off-premise signage is not
allowed along landscaped freeways (Bus.&Prof.Code §5440(a))except when approved as part of relocation
agreements (Bus.&Prof.Code §5412).All of US 101 within the City’s boundaries is classified as a landscaped
freeway.
DEVELOPMENT AGREEMENT
The applicant and the City have negotiated a Development Agreement (“DA”)to clarify and obligate Project
features and mitigation measures,including annual fees,community service message display time,and City
branding.
Development Agreement Term
The term of the DA would be 30 years.
Fees and Taxes
The DA includes provisions that obligate Clear Channel to pay the City an annual amount of $102,000 for the
digital billboard ($51,000 per face).In the event that the City adopts a gross receipts tax in the future,Clear
Channel’s annual payment of such gross receipts tax would be deducted from Clear Channel’s annual payment
obligation under the DA.
The DA also includes a provision for a one-time in-lieu fee payment of $550,000 ($275,000 per face)for the
two billboard faces that are needed to satisfy the 2:1 removal-to-construction ratio requirement.
These proposed payment amounts are different than those originally reviewed by the Planning Commission at
their public hearing on January 16,2020;the annual payment has increased from $40,000 per face to $51,000
per face,while the one-time in-lieu fee payment has decreased from $1,000,000 to $550,000.A side-by-side
comparison of the payment structure is shown in Table 1 below:
Table 1: Comparison of Current (Proposed) vs. Original Payment Structure
of Clear Channel Development Agreement
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File #:21-424 Agenda Date:6/9/2021
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Current (Proposed)
Payment Structure
Original Payment
Structure
One-time in lieu fee $550,000 $1,000,000
Annual Payments $102,000 $80,000
Permit Fee revenue (estimated)
Total 30-year payments to City (nominal)$5,014,407 $4,501,495
Total 30-year payments to City (Present
Value, assuming 5% discount rate)
$2,624,519 $2,627,074
As shown in Table 1,the current (proposed)payment structure would have ClearChannel paying a total of $5
million to the City over 30 years,compared with only $4.5 million under the original payment structure.Staff
calculated the “present value”of these payments -which takes into account that payments in the future are
worth less to the City,the farther into the future they are made -and staff concluded that the current payment
structure would have approximately the same present value to the City compared to the original payment
structure ($2,624,519 vs.$2,627,074).This is because the larger annual payments make up for the lower in lieu
payment.
City Gateway Signs
Clear Channel will reimburse the City up to $140,000 for costs incurred with respect to design and construction
of City gateway signs as set forth in the City’s Gateway Master Plan.
Community Service Messages
Clear Channel will provide the City with free display time on the digital billboard (one two-week advertising
spot for each calendar quarter)for advertising the City,City-sponsored events,or other public service
announcements.
The proposed DA is attached as Exhibit A to the Development Agreement Ordinance.
RELOCATION AGREEMENT
The applicant and the City have negotiated a Relocation Agreement to remove the existing billboard located in
the Caltrain parking lot,near 600 Dubuque Avenue,and to allow the new digital billboard at 345 Shaw Rd.The
terms of the Relocation Agreement are in keeping with the zoning code standards,including the removal of at
least two billboard faces in the City per every installed face or payment of an in-lieu fee.
GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY
The Project site is designated Mixed Industrial within the General Plan and is also located within the Mixed
Industrial Zoning District,which provides zoning for a wide range of manufacturing,industrial processing,
general service,warehousing,storage and distribution,and service commercial uses.Subject to approval of the
Development Agreement and Relocation Agreement,the project would remain consistent with the intent and
purpose of the General Plan and comply with the Zoning Ordinance standards related to signage.
ENVIRONMENTAL REVIEW
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File #:21-424 Agenda Date:6/9/2021
Version:1 Item #:15.
In accordance with the provisions of California Environmental Quality Act (CEQA),an Initial Study/Mitigated
Negative Declaration (IS/MND)was prepared by Lamphier-Gregory for the 101 Terminal Court Clear Channel
Billboard Project and related zoning amendment.The IS/MND was circulated in June 2013 and adopted by the
City Council in August 2015 (State Clearinghouse number 2013062062).This previously adopted IS/MND
analyzed allowing up to three digital billboards in a section of South San Francisco west of US 101.The
maximum height of a billboard analyzed within the IS/MND was 70 feet.
In 2017,in conjunction with the Action Signs’entitlements to allow the relocation of the static billboard,
Lamphier-Gregory assessed whether a maximum sign height up to 114 feet was covered under the IS/MND or
whether subsequent analysis was required.They determined that the only environmental topic area with the
potential to be impacted was aesthetics,due to the change in height.It was determined that the change in height
would change the exact locations from which views of Sign Hill could be blocked as vehicles travel along US
101, but would not substantially change the assessment or conclusions.
Based on this analysis,the IS/MND adopted in 2015 continues to serve as the applicable environmental review
document pursuant to CEQA Guidelines Sections 15162 and 15164,and the measures included in the
IS/MND’s Mitigation Monitoring and Reporting Program (MMRP)would fully apply.Environmental issues
were identified related to Aesthetics,Air Quality,Cultural Resources,Hazards/Hazardous Materials and
Transportation.Subject to the implementation of the mitigation measures discussed below,the stated impacts
would be reduced to a less-than-significant impact:
·Aesthetics -The digital billboard will use LED technology to display messages on a lit screen,and
therefore could have an impact related to light and glare.The Aesthetics related mitigation measure
requires that the applicant perform periodic field testing to demonstrate compliance with a 0.3 foot-
candle increase over ambient light at 350 feet.If increases in ambient light are above the allowed level,
the dimming level shall be adjusted within 24 hours or the billboard shall not be operated until the
lighting levels can be brought into compliance.
·Air Quality -Due to the non-attainment status of the air basin,the Bay Area Air Quality Management
District (BAAQMD)recommends that projects implement a set of Basic Construction Mitigation
Measures.The Air Quality related mitigation measure requires construction contractors to implement all
of these BAAQMD construction mitigation measures.
·Cultural Resources -Given the site characteristics,coupled with the regional archaeological sensitivity,
there is a moderate potential of unrecorded Native American resources.The mitigation measure requires
that the applicant prepare and implement a cultural monitoring and mitigation plan by a qualified
archaeologist.
·Hazards and Hazardous Materials -The site has not been assessed for the potential presence of
hazardous materials.During the installation process of the billboard,holes would be drilled and the
excavated soil would be transported offsite.The project will also include trenching to connect the
electrical supply.The first hazards related mitigation measure would require the site to be assessed for
the presence of hazardous materials prior to construction activities,which,if present,would be handled
appropriately to ensure the impact would remain less than significant.The second mitigation measure
requires the applicant to properly dispose and/or recycle any materials considered electronic waste.
·Traffic -Significant effects could occur if the proposed digital billboard did not comply with restrictions
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·Traffic -Significant effects could occur if the proposed digital billboard did not comply with restrictions
regarding location,intensity of light,light trespass,or other restrictions or includes visual effects or
driver interaction that would cause driver distraction.The first traffic related mitigation measure
requires the applicant to submit an annual report regarding compliance with operating standards.The
second mitigation measure requires that the digital billboard comply with operational safety standards,
including no moving or flashing lights,and no installation of technologies that would allow interaction
with drivers, vehicles or any device located in vehicles.
The Planning Commission has determined that no further environmental analysis is required and recommends
that the City Council determine that the 2015 IS/MND continues to serve as the applicable environmental
review document pursuant to CEQA Guidelines sections 15162 and 15164.
PLANNING COMMISSION MEETING
At the Planning Commission meeting on January 16,2020,the Commission reviewed the proposed project.No
members of the public spoke on the project. The Commission had the following general questions:
·How many static billboards that would remain within South San Francisco after the completion of this
project? (10)
·Who determines City messaging on approved digital billboards?(City Manager’s Office through the
Communications Director.)
·Can a digital billboard applicant propose only to pay an in-lieu fee and not take down existing static
billboard faces?(SSFMC Section 20.360.002.A.6.b allows payment of an in-lieu fee if the billboard
applicant does not have sufficient existing billboard faces to remove within the City.)
·Would a future digital billboard application require an amendment to the Zoning Ordinance?(Yes,as
the current ordinance a maximum of three digital billboards within the City.)
The Commission was supportive of the proposed digital billboard and recommended by a vote of 7-0 that the
City Council find that the 2015 IS/MND continues to serve as the applicable environmental review document
pursuant to CEQA and approve the project entitlements.The minutes of the Commission meeting are attached
to this staff report (Attachment 2).As noted above in the “Development Agreement”section,the proposed
payment amounts are different than what was originally reviewed by the Planning Commission.However,staff
analysis finds that the net present value of the revised payment structure is approximately the same as the
payment structure that was reviewed by the Planning Commission.
FISCAL IMPACT
The applicant has funded the preparation of all applicable studies for the project and paid entitlement fees to
process the application through the review process.Direct revenue associated with this project would include
the fees indicated in the Development Agreement. The City does not expect to incur project specific costs.
RELATIONSHIP TO STRATEGIC PLAN
The proposed project is in keeping with the following goals/objectives of the City’s Strategic Plan:
·Initiative 3.1 - Pursue financial stability to support City operations.
·Initiative 6.10 - External Communications with the Community and Businesses.
CONCLUSION
The proposed Clear Channel digital billboard project will provide an additional source of revenue for the City,
promote economic development and expand the communication of community services along the US 101
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promote economic development and expand the communication of community services along the US 101
corridor, in keeping with the General Plan.
Based on the information included in the public record,the Planning Commission recommends that the City
Council make the required findings and adopt the attached resolution to find that the 2015 IS/MND continues
to serve as the applicable environmental review document pursuant to CEQA and approve the project
entitlements.Additionally,the Planning Commission recommends that the City Council waive reading and
introduce an Ordinance to approve the requested Development Agreement.
Attachments
1.Planning Commission Minutes of January 16, 2020
2.Planning Commission Resolution 2851-2020 - Entitlements Resolution
3.PowerPoint Presentation
Associations
1.Draft Entitlements Resolution (21-425)
a.Exhibit A - Conditions of Project Approval
b.Exhibit B - Project Plans
c.Exhibit C - CEQA Technical Memorandum
d.Exhibit D - Relocation Agreement
2.Draft Ordinance adopting a Development Agreement (21-426)
a.Exhibit A - Development Agreement
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January 16, 2020 Minutes Page 1 of 5
MINUTES
JANUARY 16, 2020
CITY OF SOUTH SAN FRANCISCO
REGULAR PLANNING COMMISSION
CALL TO ORDER / PLEDGE OF ALLEGIANCE TIME: 7:01 P.M.
STAFF PRESENT: Sailesh Mehra, Planning Manager, Billy Gross, Senior Planner, Patricia Cotla,
Planning Technician, Julie Barnard, ECD Coordinator, Alex Greenwood, ECD Director,
Claire Lai, City Attorney, Mike Rudis, Police
AGENDA REVIEW
No changes.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Report regarding a resolution making findings and determining that the disposition of the City of
South San Francisco-owned property located at 432 Baden Avenue, in the Residential Core D istrict is
in conformity with the South San Francisco adopted General Plan in accordance with provisions of
State Planning Law (Govt. Code Section 65402) (Julie Barnard, Economic Development Coordinator).
1a. Resolution making findings and determining tha t the disposition of the City of South San Francisco-
owned property located at 432 Baden Avenue, in the Residential Core District is in conformity with
the South San Francisco adopted General Plan in accordance with provisions of State Planning Law
(Govt. Code Section 65402).
2. Report regarding a resolution making findings and determining that the disposition of the City of
South San Francisco-owned property located at 323 Miller Avenue, in the Residential Core District is
in conformity with the South San Francisco adopted General Plan in accordance with provisions of
State Planning Law (Govt. Code Section 65402) (Heather Ruiz, Management Analyst)
2a. Resolution making findings and determining that the disposition of the City of South San Francisco -
owned property located at 323 Miller Avenue, in the Residential Core District is in conformity with
the South San Francisco adopted General Plan in accordance with provisions of State Planning Law
(Govt. Code Section 65402).
ROLL CALL / CHAIR COMMENTS PRESENT: Chair Murphy, Vice Chair Wong, Commissioners
Bernardo, Evans, Faria, Tzang, Bernardo and Shihadeh
January 16, 2020 Minutes Page 2 of 5
MOTION
Vice Chair Wong moved and Commissioner Tzang seconded a motion to approve the Consent Calendar. The
question was called and the motion carried unanimously.
PUBLIC HEARING
3. Report regarding consideration of a First Amendment to the Second Amended and Restated
Development Agreement to the Gateway Business Park Master Plan Project between the City of
South San Francisco and BMR-700 Gateway LP, BMR-750, 800, 850 Gateway LP, BMR-900 Gateway
LP, and BMR-1000 Gateway LP to make minor modifications to the previously approved
Development Agreement, and determining that no subsequent environmental document is
necessary pursuant to the criteria of Section 15162 of the California Environmental Quality Act
Guidelines. (Billy Gross, Senior Planner)
3a. Resolution making findings determining that the proposed First Amendment to the Second
Amended and Restated Development Agreement (DAA19-0003) to the Gateway Business Park
Master Plan Project between the City of South San Francisco and between BMR -700 Gateway LP,
BMR-750, 800, 850 Gateway LP, BMR-900 Gateway LP, and BMR-1000 Gateway LP continues to
comply with and be subject to a previously adopted EIR and Addendum, and no subsequent
environmental document would be necessary pursuant to the criteria of Section 15162 of the
California Environmental Quality Act Guidelines, and recommending that the City Council adopt an
ordinance approving the First Amendment to make minor modifications to amend provisions
relating to childcare facilities within the development project.
Senior Planner Gross provided an overview of the Gateway Business Park Master Plan and phases of the
project. He noted approved amendments, proposed revisions, Zoning and General Plan consistency,
environmental review and staff’s recommendation.
Vice Chair Wong asked when Phase 2 was anticipated to be complete and what the childcare in lieu fees
would be used for. Salil Payapilly, Biomed Reality, stated Phase 2 and 3 were in construction and expected
to be completed in two years. Senior Planner Gross explained that the childcare impa ct fee had a current
balance of approximately $5.5 million and that approximately $1.1 million of the fees had been used for
improvements since the inception of the fee.
Chair Murphy asked what the initial $1 million payment could be used for. Director of Economic and
Community Development Greenwood stated that the $1 million payment could be used for the Civic
Community Campus Project and the remainder of the fee would be used for a specific childcare project ; in
both cases, the specific projects would be at the discretion of the City Council . Chair Murphy stated that
she felt comfortable that the project met the previously adopted EIR. The Commission concurred.
MOTION
Vice Chair Wong moved and Chair Murphy seconded a motion to adopt a resolution making findings
determining that the proposed First Amendment to the Second Amended and Restated Development
Agreement (DAA19-0003) to the Gateway Business Park Master Plan Project between the City of South San
Francisco and between BMR-700 Gateway LP, BMR-750, 800, 850 Gateway LP, BMR-900 Gateway LP, and
January 16, 2020 Minutes Page 3 of 5
BMR-1000 Gateway LP continues to comply with and be subject to a previously adopted EIR and
Addendum, and no subsequent environmental document would be necessary pursuant to the criteria of
Section 15162 of the California Environmental Quality Act Guidelines, and recommending that the City
Council adopt an ordinance approving the First Amendment to make minor modifications to amend
provisions relating to childcare facilities within the development project. The question was called and the
motion carried unanimously.
4. Report regarding consideration of a Development Agreement, a Relocation Agreement, and Sign
Permit to allow the installation of a 80 foot tall, double -faced, digital billboard on property located
at 345 Shaw Road, and determining that the 2015 IS/MND continues to serve as the applicable
environmental review document pursuant to CEQA. (Billy Gross, Senior Planner)
4a. Resolution making findings determining that the 2015 IS/MND continues to serve as the applicable
environmental review document for the installation of a 80 foot tall, double -faced, digital billboard
on property located at 345 Shaw Road pursuant to California Environmental Quality Act (CEQA)
Guidelines Sections 15162 and 15164, and recommending approval of a Development Agreement,
Relocation Agreement, and Sign Permit to allow for the project.
Senior Planner Gross provided an overview of the digital billboard locations, description of the proposed
project site, renderings, Zoning and General Plan consistency, development agreement, CEQA consistency,
and staff’s recommendation.
Bruce Qualls, Clear Channel, discussed the work done with staff and thanked the Planning Commission for
its consideration.
Commissioner Bernardo asked the number of remaining static billboards. Senior Planner Gross stated there
were approximately 12-15 remaining along the US 101 corridor, and that many static billboards near
interior streets had been removed.
Vice Chair Wong asked the process for additional di gital billboard providers. Senior Planner Gross explained
that an ordinance amendment would be necessary for additional providers.
Commissioner Faria asked about the policy of usage of the billboard by the City. Senior Planner Gross
stated that the City Manager and Communications Director would be the liaisons for such use.
Chair Murphy asked if a zoning amendment would allow for a fee to be accepted without removing
additional billboards. Senior Planner Gross stated that the current ordinance language allowed for an in lieu
fee option, which would ultimately be at the discretion of City Council .
Commissioner Shihadeh asked about the 150 Airport billboard application. Senior Planner Gross stated that
the application was on hold and the applicant had the option to leave the old billboard in place.
MOTION
Chair Murphy moved and Commissioner Tzang seconded a motion to adopt a resolution making findings
determining that the 2015 IS/MND continues to serve as the applicable environmental review document
for the installation of a 80 foot tall, double -faced, digital billboard on property located at 345 Shaw Road
January 16, 2020 Minutes Page 4 of 5
pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164, and
recommending approval of a Development Agreement, Relocation Agreement, and Sign Permit to allow for
the project. The question was called and the motion carried unanimously.
ADMINISTRATIVE BUSINESS
5. Report regarding Review of Master Sign Program for signage at 1, 2 and 3 Tower in the Terrabay
Specific Plan Zoning District in accordance with Title 20 of the South San Francisco Municipal Code
and determination that the project is categorically exempt from CEQA. (Allison Knapp, Consulting
Planner and Billy Gross, Senior Planner)
Senior Planner Gross provided an overview of the master sign plan program and discussed the overall
elevation, crown level, street level view, zoning and general plan consistency, and staff’s recommendation.
Vice Chair Wong asked if a new sign in place of the Success Factors sign woul d need to follow the
conditions of the Master Sign Program. Senior Planner Gross confirmed that the conditions would need to
be followed.
Chair Murphy voiced her satisfaction with the sign program.
MOTION
Commissioner Faria moved and Commissioner Shihadeh seconded a motion to determine that the
proposed Master Sign Program, signs 19-0015 and Design Review DR19-0049 for signage at 1, 2, and 3
Tower in the Terrabay Specific Plan Zoning District in accordance with Title 20 of the South San Francisco
Municipal Code and determination that the project is categorically exempt from CEQA . The question was
called and the motion carried unanimously.
6. Annual Reorganization of the Planning Commission (Sailesh Mehra, Planning Manager)
Commissioner Faria nominated Vice Chair Wong to serve as Planning Commission Chair for 2020.
Chair Murphy discussed her work with Vice Chair Wong and his ability to fill in as chairperson in her
absence.
Commissioner Evans concurred with Chair Murphy’s comments regarding Vice Cha ir Wong and voiced her
support.
MOTION
Chair Murphy moved and Commissioner Shihadeh seconded a motion to appoint Vice Chair Wong as the
new Chairperson of the Planning Commission. The question was called and the motion carried
unanimously.
Chair Wong presented a plaque and recognized Commissioner Murphy for her work as chairperson of the
Planning Commission.
January 16, 2020 Minutes Page 5 of 5
Chair Wong provided an overview of the nomination process.
Commissioner Murphy nominated Commissioner Evans as Vice Chair of the Planning Commission.
Commissioner Bernardo voiced his support for Commissioner Evans as Vice Chair.
Commissioner Murphy also voiced her support for Commissioner Evans as Vice Chair.
MOTION
Chair Wong moved and Commissioner Faria seconded a motion to appoint Commissioner Evans as Vice
Chair of the Planning Commission. The question was called and the motion carried unanimously.
ITEMS FROM STAFF
None.
ITEMS FROM THE PUBLIC
None.
ADJOURNMENT
Chair Wong adjourned the Planning Commission meeting at 8:30 p.m. in honor of Richard Holt.
Sailesh Mehra Alan Wong, Chairperson
Secretary to the Planning Commission Planning Commission
City of South San Francisco City of South San Francisco
SM/mc
RESOLUTION NO. 2851-2020
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION DETERMINING THAT THE 2015 IS/MND CONTINUES TO SERVE AS
THE APPLICABLE ENVIRONMENTAL REVIEW DOCUMENT FOR THE
INSTALLATION OF A 80 FOOT TALL, DOUBLE-FACED, DIGITAL BILLBOARD ON
PROPERTY LOCATED AT 345 SHAW ROAD PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15162 AND
15164, AND RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT,
RELOCATION AGREEMENT, AND SIGN PERMIT TO ALLOW FOR THE PROJECT.
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a property
located at 345 Shaw Road (APN 015-165-050) (“Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and maintain
an off-premise digital message center display (“Digital Billboard”) at the Property (“Project”);
and,
WHEREAS, in order to construct and operate the Project, Applicant seeks approval of a
Development Agreement, Relocation Agreement, and Sign Permit; and,
WHEREAS, approval of the Applicant’s proposal is considered a “project” for purposes of the
California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and,
WHEREAS, the City Council adopted an Initial Study / Mitigated Negative Declaration
(“IS/MND”) on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with
the provision of CEQA and CEQA Guidelines, which analyzed the potential environmental
impacts of billboards along the west side of U.S. Highway 101; and,
WHEREAS, on June 14, 2017, the City Council determined that modifications to sign height,
increasing the height up to a total of 114 feet above grade, were minor in nat ure, the approval of
which would not result in any new significant environmental effects or a substantial increase in
the severity of any previously identified effects beyond those disclosed and analyzed in the
IS/MND adopted by the City Council, nor would it require additional environmental review; and,
WHEREAS, the Project is within the IS/MND area, is within the parameters analyzed within the
IS/MND and would not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified effects beyond those disclosed and analyzed
in the IS/MND adopted by the City Council, nor would it require additional environmental
review; and,
WHEREAS, on January 16, 2020 the Planning Commission for the City of South S an Francisco
held a properly noticed public hearing, at which time interested parties had the opportunity to be
heard, to review the Project, as well as supporting documents, prior to the Planning Commission
making its decision on the Project; and,
WHEREAS, the Planning Commission exercised its independent judgment and analysis, and
considered all reports, recommendations and testimony before making a determination on the
Project.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it,
which includes without limitation, the California Environmental Quality Act, Public Resources
Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations
§15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San
Francisco Municipal Code; the Project applications; the Project Plans, as prepared by AMZ
Engineering, dated April 29, 2019; the Clear Channel Billboard Project and Related Zoning
Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; all
site plans, and all reports, minutes, and public testimony submitted as part of the Planning
Commission’s duly noticed January 16, 2020 meeting, and Planning Commission deliberations;
and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2),
the Planning Commission of the City of South San Francisco hereby finds as follows:
A. General Findings
1. The foregoing recitals are true and correct.
2. The Exhibits attached to this Resolution, including the Conditions of Project Approval
(Exhibit A), Project Plans (Exhibit B), the Development Agreement (Exhibit C) and the
2015 Initial Study/Mitigated Negative Declaration (Exhibit D) are each incorporated by
reference and made a part of this Resolution, as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings are
located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of the Planning Manager.
B. CEQA Findings
1. Pursuant to CEQA Guidelines Sections 15162 and 15164, and for reasons stated in this
Resolution, there is not substantial evidence in the record to support a fair argument that
approval of the Project will result in significant environmental effects beyond those
adequately evaluated and addressed by the IS/MND, nor would the proposed amendment
require any new mitigation measures because:
a. The Project is within the area previously analyzed by the IS/MND which analyzed
allowing up to three digital billboards in the west of US 101 in South San Francisco,
and does not propose substantial changes that would require major revisions of the
IS/MND due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects, and
previously identified mitigation measures set forth in the IS/MND continue to apply;
b. No substantial changes have occurred with respect to the circumstances under which
the Project is undertaken which will require major revisions of the IS/MND due to the
involvement of new significant effects or a substantial increase in the severity of
previously identified significant effects;
c. No new information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time when the
IS/MND was adopted, shows any of the following:
i. The Project will have one or more significant effects not discussed in the
IS/MND;
ii. Significant effects previously examined will be substantially more severe than
shown in the IS/MND;
iii. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the Project, but the Project proponents decline to adopt the mitigation measure or
alternative; or
iv. Mitigation measures or alternatives which are considerably different from those
analyzed in the IS/MND would substantially reduce one or more significant
effects on the environment, but the Project proponents decline to adopt the
mitigation measure or alternative.
2. Based upon the testimony and information presented at the hearing and upon review and
consideration of the environmental documentation provided, the Planning Commission,
exercising its independent judgment and analysis, finds that the proposed Project falls
within the environmental parameters analyzed in the IS/MND, and further finds that the
Project would not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified effects beyond those disclosed and
analyzed in the IS/MND adopted by City Council nor would new mitigation be required
by the Project, and the measures included in the IS/MND’s Mitigation Monitoring and
Reporting Program (MMRP) would fully apply. The Project would not result in any new
impacts not adequately evaluated and addressed by the IS/MND.
C. Development Agreement
1. The Applicant and City have negotiated a Development Agreement pursuant to
Government Code section 65864 et seq. The Development Agreement, attached hereto
as Exhibit C, sets forth the duration, property, project criteria, and other required
information identified in Government Code section 65865.2. Based on the findings in
support of the Project, the Planning Commission finds that the Development Agreement,
vesting a project for a new digital billboard, is consistent with the objectives, policies,
general land uses and programs specified in the South San Francisco General Plan and
any applicable zoning regulations.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for the land use district in which the real property is located. The
subject site is suitable for the type and intensity of the land use being proposed. The
General Plan specifically contemplates the proposed type of project and the suitability of
the site for development was analyzed in the 2015 IS/MND.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use practice in that the project will implement guidelines set forth in the
General Plan, which encourage the City to consider opportunities for enhancement of
financing tools in order to fund various economic development initiatives and to actively
market South San Francisco.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare because the project will proceed in compliance with all of the policies and
programs specified in the General Plan and in compliance with all applicable zoning,
subdivision, and building regulations of the City of South San Francisco.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with
the General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of
Approval, attached as Exhibit A to this resolution, the Planning Commission of the City of South
San Francisco hereby makes the findings contained in this Resolution, and recommends that the
City Council adopt a resolution approving the Relocation Agreement and Sign Permit.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt an ordinance approving the Development Agreement between the City of South
San Francisco and Action Signs, Inc. (attached as Exhibit C).
Be it further resolved that the approvals stated herein are conditioned upon the City Council’s
approval of the Development Agreement between the City of South San Francisco and Clear
Channel Outdoor LLC.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at a regular meeting held on the 16th day of January, 2020 by the
following vote:
AYES: Chair Murphy, Vice-Chair Wong, Commissioner Faria, Commissioner Shihadeh,
Commissioner Evans, Commissioner Tzang, Commissioner Bernardo
NOES:
ABSTENTIONS:
ABSENT:
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission
City Council
June 9, 2021
1
Existing Outfront Media
Digital Billboard
Existing Clear Channel
Digital Billboard
Proposed Clear Channel
Digital Billboard
Proposed Digital Billboard
U.S. 101
4
5
6
7
-Mixed Industrial Zoning Designation
-Land Use Designation “Mixed Industrial”
▪Intended for a wide range of general industrial and service commercial uses.
Subject to approval of the Development Agreement and Relocation Agreement, the project will comply with all of the applicable policies and development standards.
▪Term
▪30 years
▪Fees
▪Annual Payment of $102,000 for digital billboard (increase over previous proposal of $80,000)
▪One-time in-lieu fee payment of $550,000 for two billboard faces needed to satisfy the 2:1 removal ratio (decrease from previous proposal of $1,000,000)
▪City Gateway Signs
▪Reimburse up to $140,000 for City gateway signs
▪Community Service Messages
▪One two-week advertising spot for each calendar quarter
8
9
Removed Billboard
US 101
Caltrain
Station
101 Terminal Court Clear Channel Billboard Project IS/MND adopted in August, 2015
Identified potential impacts and mitigation measures for future billboard projects (MMRP)
In 2017 Lamphier Gregory determined that change in height up to 114 feet would not substantially change the assessment or conclusions in the 2015 IS/MND
No further analysis required
10
Planning Commission recommends that the City Council make the required findings and approve the attached resolution to find that the 2015 IS/MND continues to serve as the applicable environmental review document pursuant to CEQA and approve the project entitlements for the Clear Channel project. Additionally, the Planning Commission recommends that the City Council waive reading and introduce an Ordinance to approve the requested Development Agreement.
11
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-425 Agenda Date:6/9/2021
Version:1 Item #:15a.
Resolution determining that the 2015 IS/MND continues to serve as the applicable environmental review
document pursuant to California Environmental Quality Act (CEQA)Guidelines Sections 15162 and 15164 for
the proposed Digital Billboard Project at 345 Shaw Road and approving a Relocation Agreement,and Sign
Permit to allow for the installation of an 80 foot tall,double-faced,digital billboard on property located at 345
Shaw Road.
WHEREAS,Clear Channel Outdoor LLC (“Applicant”)owns or has a legal equitable interest in a
property located at 345 Shaw Road (APN 015-165-050) (“Property”); and,
WHEREAS,Applicant has submitted a development proposal to construct,operate and maintain an off-
premise digital message center display (“Digital Billboard”) at the Property (“Project”); and,
WHEREAS,in order to construct and operate the Project,Applicant seeks approval of a Development
Agreement, Relocation Agreement, and Sign Permit; and,
WHEREAS,approval of the Applicant’s proposal is considered a “project”for purposes of the
California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and,
WHEREAS,the City Council adopted an Initial Study /Mitigated Negative Declaration (“IS/MND”)on
August 26,2015 (State Clearinghouse number 2013062062)in accordance with the provision of CEQA and
CEQA Guidelines,which analyzed the potential environmental impacts of billboards along the west side of
U.S. Highway 101; and,
WHEREAS,on June 14,2017,the City Council determined that modifications to sign height,increasing
the height up to a total of 114 feet above grade,were minor in nature,the approval of which would not result in
any new significant environmental effects or a substantial increase in the severity of any previously identified
effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council,nor would it require
additional environmental review; and,
WHEREAS,the Project is within the IS/MND area,is within the parameters analyzed within the
IS/MND and would not result in any new significant environmental effects or a substantial increase in the
severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by the
City Council, nor would it require additional environmental review; and,
WHEREAS,on January 16,2020 the Planning Commission for the City of South San Francisco held a
properly noticed public hearing,at which time interested parties had the opportunity to be heard,to review the
Project,as well as supporting documents,at the conclusion of which the Planning Commission recommendedCity of South San Francisco Printed on 6/14/2021Page 1 of 4
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File #:21-425 Agenda Date:6/9/2021
Version:1 Item #:15a.
Project,as well as supporting documents,at the conclusion of which the Planning Commission recommended
that the City Council find that the 2015 IS/MND is the appropriate environmental document and approve the
Project and its requested entitlements; and,
WHEREAS,the City Council held a duly noticed public hearing on June 9,2021 to consider the 2015
IS/MND, Development Agreement, Relocation Agreement and Sign Permit and take public testimony; and,
WHEREAS,the City Council reviewed and carefully considered the information in the 2015 IS/MND
and finds that the 2015 IS/MND is the appropriate environmental document; and,
WHEREAS,the City Council exercised its independent judgment and analysis,and considered all
reports, recommendations and testimony before making a determination on the Project.
NOW,THEREFORE,BE IT RESOLVED that based on the entirety of the record before it,which
includes without limitation,the California Environmental Quality Act,Public Resources Code §21000,et seq.
(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San
Francisco General Plan and General Plan EIR;the South San Francisco Municipal Code;the Project
applications;the Project Plans,as prepared by AMZ Engineering,dated April 29,2019;the Clear Channel
Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative Declaration,including all
appendices thereto;all site plans,and all reports,minutes,and public testimony submitted as part of the
Planning Commission’s duly noticed January 16,2020 meeting,and Planning Commission deliberations;all
site plans,and all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed
June 9,2021 meeting,and City Council deliberations;and any other evidence (within the meaning of Public
Resources Code §21080(e)and §21082.2),the City Council of the City of South San Francisco hereby finds as
follows:
A.General Findings
1.The foregoing recitals are true and correct.
2.The Exhibits attached to this Resolution,including the Conditions of Project Approval (Exhibit A),
Project Plans (Exhibit B),the Relocation Agreement (Exhibit C)and the 2015 Initial Study/Mitigated
Negative Declaration (Exhibit D)are each incorporated by reference and made a part of this Resolution,as
if set forth fully herein.
3.The documents and other material constituting the record for these proceedings are located at the
Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080,
and in the custody of the Planning Manager.
B.CEQA Findings
1.Pursuant to CEQA Guidelines Sections 15162 and 15164,and for reasons stated in this Resolution,
there is not substantial evidence in the record to support a fair argument that approval of the Project will
result in significant environmental effects beyond those adequately evaluated and addressed by the 2015
Initial Study/Mitigated Negative Declaration (IS/MND),nor would the proposed amendment require any
new mitigation measures because:
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File #:21-425 Agenda Date:6/9/2021
Version:1 Item #:15a.
a.The Project is within the area previously analyzed by the IS/MND which analyzed allowing up
to three digital billboards in the west of US 101 in South San Francisco,and does not propose
substantial changes that would require major revisions of the IS/MND due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified significant effects,and previously identified mitigation measures set forth in the IS/MND
continue to apply;
b.No substantial changes have occurred with respect to the circumstances under which the Project
is undertaken which will require major revisions of the IS/MND due to the involvement of new
significant effects or a substantial increase in the severity of previously identified significant effects;
c.No new information of substantial importance,which was not known and could not have been
known with the exercise of reasonable diligence at the time when the IS/MND was adopted,shows
any of the following:
i.The Project will have one or more significant effects not discussed in the IS/MND;
ii.Significant effects previously examined will be substantially more severe than shown in
the IS/MND;
iii.Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects of the Project,but the
Project proponents decline to adopt the mitigation measure or alternative; or
iv.Mitigation measures or alternatives which are considerably different from those analyzed
in the IS/MND would substantially reduce one or more significant effects on the
environment,but the Project proponents decline to adopt the mitigation measure or
alternative.
2.Based upon the testimony and information presented at the hearing and upon review and consideration
of the environmental documentation provided,the City Council,exercising its independent judgment and
analysis,finds that the proposed Project falls within the environmental parameters analyzed in the
IS/MND,and further finds that the Project would not result in any new significant environmental effects or
a substantial increase in the severity of any previously identified effects beyond those disclosed and
analyzed in the IS/MND adopted by City Council nor would new mitigation be required by the Project,
and the measures included in the IS/MND’s Mitigation Monitoring and Reporting Program (MMRP)
would fully apply.The Project would not result in any new impacts not adequately evaluated and
addressed by the IS/MND.
C.Relocation Agreement
1.Approval and execution of the Relocation Agreement will accomplish the purposes of Chapter 20.360
better than the status quo of existing billboards that currently exist.
2.The Digital Billboard is located within a property located at 345 Shaw Road,which is within the Mixed
Industrial zoning district, which is an industrial district, and is immediately adjacent to U.S. Highway 101.
3.The Applicant and City have negotiated a Development Agreement to allow the installation of the
Digital Billboard with two billboard faces at the Property,and the removal of the existing double-faced
static billboard located at Dubuque Avenue,adjacent to the Bayshore Freeway (APN 015-021-998)on
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File #:21-425 Agenda Date:6/9/2021
Version:1 Item #:15a.
static billboard located at Dubuque Avenue,adjacent to the Bayshore Freeway (APN 015-021-998)on
Union Pacific property.
4.Installation of the Digital Billboard will advance adopted policies contained in the General Plan,
including maximizing the City’s financing tools and actively marketing South San Francisco.
5.The Digital Billboard is operated in accordance with the operating standards set forth in Section
20.360.006(Q),because the project has been evaluated against,and found to be consistent with,each of the
ten operating standards.
NOW,THEREFORE,BE IT FURTHER RESOLVED that subject to the Conditions of Approval,
attached as Exhibit A to this resolution,the City Council of the City of South San Francisco hereby makes the
findings contained in this Resolution,and approves the Relocation Agreement between the City of South San
Francisco and Clear Channel Outdoor LLC, attached hereto as Exhibit C, incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager to execute the
Relocation Agreement on behalf of the City,in substantially the form attached as Exhibit C,and to make
revisions to such Agreements,subject to the approval of the City Attorney,which do not materially or
substantially increase the City’s obligations thereunder.
BE IT FURTHER RESOLVED that the approvals stated herein are conditioned upon the City Council’s
approval and execution of the Development Agreement between the City of South San Francisco and Clear
Channel Outdoor LLC.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
passage and adoption.
*****
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DRAFT CONDITIONS OF APPROVAL
P19-0043: SIGNS19-0049 and DA19-0001
CLEAR CHANNEL DIGITAL BILLBOARD – 345 SHAW
(As recommended by Planning Commission on January 16, 2020)
A) Planning Division requirements shall be as follows:
1. The applicant shall comply with the Planning Divisions standard Conditions and
Limitations for Commercial, Industrial, Mixed-Use and Multi-Family Residential
Projects.
2. The construction drawings for the Project shall substantially comply with the City
Council approved plans, prepared by AMZ Engineering, dated April 29, 2019, as
amended by the conditions of approval.
3. The developer shall comply with all applicable mitigation measures outlined in the
Mitigation Monitoring and Reporting Program and the Clear Channel Billboard Project
and Related Zoning Amendment IS/MND. Prior to issuance of a building permit the
applicant shall prepare a checklist outlining mitigation measures and status of
implementation, for review and approval by the Chief Planner or designee.
4. Prior to issuance of any building or construction permits for grading improvements, the
applicant shall submit final grading plans for review and approval by the City Engineer
and Chief Planner.
Planning Division contact: Billy Gross, Senior Planner, (650) 877-8535
Page 1 of 18
BILLBOARD RELOCATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND CLEAR CHANNEL OUTDOOR, LLC
This Billboard Relocation Agreement (“AGREEMENT”) is made and entered into as of this ____
day of _____________, 2021, by and between the City of South San Francisco, a municipal
corporation (“CITY”), and Clear Channel Outdoor, LLC, a Delaware limited liability company
(“CLEAR CHANNEL”) (collectively the “Parties”).
RECITALS
A. WHEREAS, CLEAR CHANNEL has proposed to remove that certain billboard located
within the City of South San Francisco commonly described and shown by map in
EXHIBIT “A,” entitled “Removed Billboard,” attached hereto and incorporated herein by
this reference (hereafter the “REMOVED BILLBOARD”); and
B. WHEREAS, CITY is willing to allow CLEAR CHANNEL to construct, operate, repair
and maintain a new, double-faced outdoor advertising sign including two Digital Displays
(as defined below) with a “V” shape configuration and a decorative pole cover and a screen
to mask the open “V” portion of the sign structure, with supporting structures, service
ladders, underground utilities, fixture connections, electrical supply and connections,
panels, signs, lights, electronics, copy and any additional equipment, appurtenances and
accessories necessary for the operation of the digital message center displays (the
“DIGITAL BILLBOARD”) where the Digital Billboard’s digital message center displays
will have the following dimensions: a display face size of seventeen feet seven inches
(17’-7”) high and fifty-nine (59’) feet wide (the “DIGITAL DISPLAYS”) with an
elevation of eighty feet (80’) feet above the adjacent freeway grade. The exact
specifications of the DIGITAL BILLBOARD are set forth in EXHIBIT “B” attached
hereto. The DIGITAL BILLBOARD will be constructed at the property located at 345
Shaw Road (APN 015-165-050) which is further described and depicted in Exhibit “C”
(the “PROPERTY”). Such DIGITAL BILLBOARD will also be constructed pursuant to
and in accordance with the terms and conditions of Chapter 20.360 of the City of South
San Francisco Municipal Code; and
C. WHEREAS, in consideration for the removal of the REMOVED BILLBOARD in
accordance with the terms of this AGREEMENT, the benefits derived by the CITY from
the construction, operation and maintenance of the DIGITAL BILLBOARD, including the
promotion of business and commerce within the CITY, which construction, operation and
maintenance are specifically permitted and encouraged by §§ 5412 and 5443.5 of the
California Outdoor Advertising Act (Bus. and Prof Code § 5200 et seq.) as part of a
planned development for the public benefit, and the CITY's sign regulations, and for
valuable consideration more fully set forth herein and in the development agreement
attached as Exhibit “C hereto (“Development Agreement”) related to the DIGITAL
BILLBOARD, CITY will grant CLEAR CHANNEL the right to construct, operate and
maintain the DIGITAL BILLBOARD as provided in this AGREEMENT; and
D. WHEREAS, the DIGITAL BILLBOARD together with the removal of the REMOVED
BILLBOARD, DEVELOPMENT AGREEMENT, and this AGREEMENT are
collectively referred to herein as the DIGITAL BILLBOARD PROJECT; and,
E. WHEREAS, CITY has made the following findings under its police and regulatory powers
regarding the DIGITAL BILLBOARD PROJECT: that the construction, operation, repair
and maintenance of the DIGITAL BILLBOARD as proposed and as more-fully described
Page 2 of 18
and depicted in Exhibits B, C and E, are in compliance with all CITY regulations, plans
and codes; and that the DIGITAL BILLBOARD will not unreasonably interfere with
traffic sight distances, nearby residences or traffic flow; and
F. WHEREAS, the DIGITAL BILLBOARD PROJECT is contingent upon approvals from
the California Department of Transportation (“CalTrans”); and
G. WHEREAS, Clear Channel shall take down the REMOVED BILLBOARD prior to
commencing live operations of the DIGITAL BILLBOARD PROJECT; and
H. WHEREAS, CITY adopted an Initial Study/Mitigated Negative Declaration (“IS/MND”)
on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with the
provision of the California Environmental Quality Act (“CEQA”) and CEQA Guidelines,
which analyzed the potential environmental impacts of digital billboards along the west
side of U.S. Highway 101, and pursuant to an environmental assessment conducted as part
of this PROJECT, the City confirmed that the construction of the DIGITAL BILLBOARD,
based on substantial evidence that CLEAR CHANNEL’S proposed removal of the
REMOVED BILLBOARD, and construction, operation and maintenance of the DIGITAL
BILLBOARD, as more fully described in this AGREEMENT, would not have the potential
for any significant environmental impacts, a substantial increase in the severity of any
previously identified effects beyond those disclosed and analyzed in the IS/MND adopted
by the CITY, nor would it require additional environmental review; and,
I. WHEREAS, CITY on ____________, 2021 approved CLEAR CHANNEL'S application
for the DIGITAL BILLBOARD PROJECT upon terms and conditions set forth in such
approval; and
J. WHEREAS, the City Council of the CITY has found that this AGREEMENT, and the
construction, operation and maintenance of the DIGITAL BILLBOARD PROJECT as
provided for herein, meet the requirements of the CITY's Municipal Code, are consistent
with the CITY's General Plan, and all other applicable regulations, codes and plans, and
will preserve and promote the public health, safety and welfare; and
K. WHEREAS, the City’s Planning Commission has conducted a duly noticed public hearing
on CLEAR CHANNEL's proposal for the construction, operation and maintenance of the
DIGITAL BILLBOARD PROJECT as further set forth herein; and
L. WHEREAS, on ______________, 2021, after conducting duly noticed public hearings,
the City Council introduced and conducted a first reading of an ordinance approving the
DEVELOPMENT AGREEMENT (the "ORDINANCE"), and otherwise approved the
DIGITAL BILLBOARD PROJECT; and
M. WHEREAS, on __________________, 2021, the City Council conducted a second reading
of the ORDINANCE, and adopted the ORDINANCE and on _______, 2021 the
DEVELOPMENT AGREEMENT became effective; and,
N. WHEREAS, this AGREEMENT will serve the public interest by allowing the CITY to
continue its development in a planned manner in accordance with § 5412 of the California
Outdoor Advertising Act (Bus. and Prof Code § 52 et. seq.) and promoting business and
commerce within the CITY, and will result in an overall reduction of billboards along the
surface streets in the CITY.
Page 3 of 18
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by both Parties, the Parties hereto agree as follows:
SECTION 1. RECITALS AND EXHIBITS.
The foregoing recitals are true and correct, express the intent of the Parties, and are incorporated
herein as contractual terms. All exhibits to this AGREEMENT are essential to this AGREEMENT
and are hereby deemed a part hereof.
SECTION 2. CLEAR CHANNEL AND CITY AUTHORITY AND STATUS.
A. CLEAR CHANNEL hereby represents and warrants for the benefit of CITY all of the
following:
(i) That the information provided by CLEAR CHANNEL in this AGREEMENT is
true and accurate to the best of CLEAR CHANNEL's knowledge after a diligent
inquiry; and
(ii) That CLEAR CHANNEL is a duly organized, validly existing limited liability
company, and is in good standing under the laws of its place of organization and
is in good standing in the State of California; and
(iii) That CLEAR CHANNEL's signatory to this AGREEMENT is authorized by
resolution, bylaws, constitution or other authorization of CLEAR CHANNEL,
which resolution, bylaw, constitution or other authorization is currently in full
force and effect, to execute this AGREEMENT on CLEAR CHANNEL's behalf
and bind CLEAR CHANNEL thereby; and
(iv) That CLEAR CHANNEL has legal or equitable interest in the PROPERTY
sufficient to construct, operate and maintain the DIGITAL BILLBOARD at that
location; and
(v) That CLEAR CHANNEL is duly authorized to perform or to cause to be
performed all of the obligations of CLEAR CHANNEL, or CLEAR CHANNEL's
contractors, subcontractors or other agents, under and in accordance with the terms
and conditions of this AGREEMENT.
B. CITY hereby represents and warrants for the benefit of CLEAR CHANNEL all of the
following:
(i) That the information in this AGREEMENT is true and accurate to the best of
CITY’s knowledge after a diligent inquiry; and
(ii) That CITY’s execution of this AGREEMENT is authorized by resolution,
which resolution, is currently in full force and effect, to execute this
AGREEMENT on the CITY’S behalf and bind the CITY thereby; and
(iii) That the CITY is duly authorized to perform or to cause to be performed all of
the obligations of CITY under and in accordance with the terms and conditions
of this AGREEMENT.
Page 4 of 18
SECTION 3. EFFECTIVE DATE OF AGREEMENT.
The effective date of this AGREEMENT shall be the effective date of the resolution approving this
AGREEMENT, and the ordinances adopting the DEVELOPMENT AGREEMENT (the
“EFFECTIVE DATE”). This AGREEMENT shall not take effect unless all two approvals are
effective.
SECTION 4. TERM OF AGREEMENT/EARLY TERMINATION.
A. The term of this AGREEMENT shall commence on the EFFECTIVE DATE and end on
the date which is thirty (30) years after the COMMENCEMENT DATE (as hereinafter
defined). The “COMMENCEMENT DATE” shall be the Commencement Date under the
DEVELOPMENT AGREEMENT attached as Exhibit “D” hereto.
B. This AGREEMENT may be terminated early by CLEAR CHANNEL in the following
circumstances:
(i) CLEAR CHANNEL loses its legal or equitable in the Property;
(ii) A legal challenge is filed that challenges this Agreement or any governmental
approvals, permits, leases, and licenses necessary for the Project (the
“APPROVALS”);
(iii) In CLEAR CHANNEL’s reasonable discretion, CLEAR CHANNEL is unable to
obtain the requisite APPROVALS within 180 days of the EFFECTIVE DATE;
(iv) If CLEAR CHANNEL is prevented by law or government order or action from
constructing, operating, or maintaining the DIGITAL BILLBOARD, or otherwise
implementing the Project, including but not limited to by the failure of government
agencies to issue all APPROVALS or a governmental agency’s decision to
condemn the Property; or
(v) A significant obstruction of a display occurs due to a circumstance beyond CLEAR
CHANNEL’s control.
C. This AGREEMENT may be terminated early by CITY in the following circumstances:
(i) CLEAR CHANNEL fails to pay any sum due under this AGREEMENT or the
DEVELOPMENT AGREEMENT, subject to default procedures set forth in the
aforesaid agreements; or
(ii) CLEAR CHANNEL fails to comply with any of its obligations pursuant to this
AGREEMENT or the DEVELOPMENT AGREEMENT, subject to default
procedures set forth in the aforesaid agreements.
Notwithstanding the above, nothing in this Agreement shall operate as a waiver of any rights
CLEAR CHANNEL might have to just compensation and other remedies provided by law.
D. Upon the expiration or earlier termination of this AGREEMENT,
(i) All entitlements and obligations associated with the DIGITAL BILLBOARD
PROJECT shall immediately terminate,
(ii) CLEAR CHANNEL shall forfeit any sums already paid to CITY during the year
Page 5 of 18
in which termination or expiration has occurred and shall not be entitled to any
reimbursement,
(iii) CLEAR CHANNEL shall, at its sole cost and expense, remove the above-ground
portions of the DIGITAL BILLBOARD within ninety (90) days, unless CLEAR
CHANNEL and CITY have entered into a subsequent written agreement, upon
terms mutually acceptable to both Parties, that allows the DIGITAL BILLBOARD
to remain.
(iv) The associated DEVELOPMENT AGREEMENT will terminate within thirty (30)
days of such termination or expiration of this AGREEMENT, except for the
Parties’ obligations pertaining to indemnification, hold harmless, and insurance,
which shall survive any termination of either this AGREEMENT or the
DEVELOPMENT AGREEMENT.
Notwithstanding anything else in this AGREEMENT, this Section 4 shall survive any termination
or expiration of this AGREEMENT.
SECTION 5. BILLBOARD REMOVAL.
The Parties hereto acknowledge and agree that CLEAR CHANNEL will permanently remove the
REMOVED BILLBOARD within 180 days of receipt of all required APPROVALS and such
APPROVALS becoming final, irrevocable and unappealable. Consistent with the above, the
Parties agree that CLEAR CHANNEL may toll the demolition and removal of the REMOVED
BILLBOARD if there is a legal challenge to this AGREEMENT or any APPROVAL. The tolling
period shall last until the date upon which any legal challenge is resolved such that CLEAR
CHANNEL may proceed with full implementation of the DIGITAL BILLBOARD PROJECT,
unless this AGREEMENT is terminated as set forth in Section 4 of this AGREEMENT, in which
case the obligation to demolish and remove the REMOVED BILLBOARD becomes null and void.
Except as otherwise provided in this AGREEMENT, upon removal of the REMOVED
BILLBOARD, any right title and interest therein or right to place a billboard, whether by lease,
license or other right, at the location of the REMOVED BILLBOARD shall be forever terminated
and shall not be or have been assigned, transferred or given to any other entity, affiliate, subsidiary,
person or party by CLEAR CHANNEL.
Notwithstanding anything to the contrary, CLEAR CHANNEL understands and agrees that under
no circumstances may CLEAR CHANNEL commence live operations of the DIGITAL
BILLBOARD PROJECT until the REMOVED BILLBOARD has been removed as contemplated
in Section 5 of this AGREEMENT.
SECTION 6. BILLBOARD CONSTRUCTION.
The Parties hereto acknowledge and agree that CLEAR CHANNEL may construct, operate and
maintain the DIGITAL BILLBOARD at the location described in Exhibit B, that the DIGITAL
BILLBOARD shall be constructed to the specifications outlined in Exhibit C, and that CLEAR
CHANNEL will at all times operate and maintain the DIGITAL BILLBOARD in compliance with
this AGREEMENT, the DEVELOPMENT AGREEMENT and all applicable state and local laws.
CLEAR CHANNEL acknowledges and agrees that the architecture of the DIGITAL BILLBOARD
will be constructed substantially in conformance with the design depicted in attached Exhibit E.
SECTION 7. CLEAR CHANNEL'S RIGHTS AND OBLIGATIONS.
CLEAR CHANNEL’S obligations under this AGREEMENT are contingent upon (i) CLEAR
CHANNEL receiving all required APPROVALS, including but not limited to APPROVALS from
Page 6 of 18
Caltrans and the CITY; and (ii) the foregoing APPROVALS being final, irrevocable, and
unappealable.
A. CITY agrees that it will reasonably assist CLEAR CHANNEL in connection with any
APPROVALS required from the CITY and Caltrans, and any other governmental agencies,
but CLEAR CHANNEL understands and agrees that the obligation and burden of
obtaining said APPROVALS is solely an obligation and burden of CLEAR CHANNEL.
B. Provided that CLEAR CHANNEL submits all necessary documentation satisfactory to
CITY, CITY will use reasonable efforts to timely issue all APPROVALS necessary for
CLEAR CHANNEL's timely compliance with this AGREEMENT including, but not
limited to, construction of the DIGITAL BILLBOARD and permanent removal of the
REMOVED BILLBOARD.
C. CLEAR CHANNEL may replace a DIGITAL DISPLAY on the DIGITAL BILLBOARD
with a printed billboard face from time to time in CLEAR CHANNEL's sole and absolute
discretion.
D. CLEAR CHANNEL shall pay, up to Eighty Thousand Dollars ($80,000.00), for all
reasonable CITY costs for CITY staff and consultants incurred to process CITY
APPROVALS. Any delay caused by the CITY in its issuance of APPROVALS shall
not result in a default or failure of performance by CLEAR CHANNEL for the period
of time delay caused by CITY. CLEAR CHANNEL’'s obligations to pay for
customary permit fees pursuant to Section 7(a) of the Development Agreement and its
obligations to pay legal fees and costs pursuant to Sections 9, 15 and 20 of the
Development Agreement are not included in the calculation of the Eighty Thousand
Dollars ($80,000.00) cap discussed in this section.
E. As long as CLEAR CHANNEL operates a DIGITAL DISPLAY on the DIGITAL
BILLBOARD, CLEAR CHANNEL shall agree to use one (1) guaranteed spot in a standard
rotation on one Digital Display for four (4) "blocks" of time, during each calendar year
following the COMMENCEMENT DATE to display CITY-sponsored event
announcements and non-commercial public service announcements to promote the civic
interests of the CITY ("CITY MESSAGES") with no charge for advertising space. Each
"block" will consist of one (1) advertising spot of no greater than eight (8) seconds in the
standard rotation of eight (8) spots on one Digital Display, where such CITY MESSAGES
shall be so displayed for two (2) weeks in duration (collectively, the "Two- Week
Advertising Spot"). The City shall be limited to one (1) Two-Week Advertising Spot for
each calendar quarter. The blocks of time are subject to the following conditions and
parameters:
(i) The CITY shall provide the requested time periods to CLEAR CHANNEL for the
following year prior to November 1 of the preceding year. CITY shall be
responsible for providing CLEAR CHANNEL with its CITY MESSAGES and for
any costs associated with providing CLEAR CHANNEL associated artwork in
acceptable format and will be subject to CLEAR CHANNEL's standard
advertising copy rejection and removal policies which allow CLEAR CHANNEL
the right in its sole discretion to approve or disapprove copy and remove copy once
posted or displayed. If CLEAR CHANNEL rejects or removes CITY
MESSAGES, CLEAR CHANNEL will give CITY a reasonable opportunity to
revise CITY MESSAGES and resubmit them to CLEAR CHANNEL in order to
ensure CITY is granted its four (4) blocks of time per calendar year.
Page 7 of 18
(ii) The CITY shall not charge for, or exchange goods or services for, any sign space
granted on the DIGITAL DISPLAYS.
(iii) The CITY must submit "camera ready art" utilizing formats and protocols
acceptable to CLEAR CHANNEL from time to time or pay production costs. All
copy shall be submitted to CLEAR CHANNEL at least ten (10) business days in
advance.
(iv) If at any time in the future CLEAR CHANNEL removes the DIGITAL
DISPLAY(s) from the sign structure or CLEAR CHANNEL is unable to operate
the DIGITAL DISPLAY(s), for any reason, the advertising spot commitments in
this section shall be automatically terminated and rendered null and void, and
CLEAR CHANNEL shall be under no obligation whatsoever to provide the City
with any type of free advertising space. However, at any time CLEAR CHANNEL
operates the Digital Display(s) with electronic/digital technology, the advertising
spot commitment shall remain in place.
(v) It is expressly understood and agreed that CITY MESSAGES may not include any
names, logos or marks associated with any third party non-governmental person
or entity or any products or any services associated with any third party non-
governmental person or entity.
(vi) Any unused space will be forfeited and shall not roll over. In the event CITY does
not provide CLEAR CHANNEL with a space request for the following year by
November 1 of the prior year, or in the event the CITY fails to use any space,
nothing herein shall be deemed to prevent or prohibit CLEAR CHANNEL from
using such spots for promoting CLEAR CHANNEL'S business, promoting
charitable enterprises, or from actively seeking advertisers for unsold or unused
spots, even though that may result in the shortening of advertising time that would
otherwise have been available to the CITY under this AGREEMENT.
(vii) In addition to the guaranteed space described above, CLEAR CHANNEL also
agrees to provide the CITY with one spot in a standard eight spot rotation during
periods other than the two week periods when the CITY has a guaranteed spot, on
a space available basis and provided that such spots may be pre-empted by CLEAR
CHANNEL for any reason, including without limitation the use of such spots for
promoting CLEAR CHANNEL'S business, promoting charitable enterprises, or
from actively seeking advertisers for such spots.
(viii) Notwithstanding anything else in this AGREEMENT, the CITY shall and hereby
does agree to indemnify, defend and hold harmless CLEAR CHANNEL for, from
and against, any claims, costs (including, but not limited to, court costs and
reasonable attorneys' fees), losses, actions or liabilities arising from or in
connection with any third party allegation concerning any CITY MESSAGE,
including but not limited to a claim that any portion of any CITY MESSAGE
infringes or violates the rights, including, but not limited to, copyright, trademark,
trade secret or any similar right, of any third party. This indemnity shall not include
an obligation for CITY to be responsible for compensating CLEAR CHANNEL
for any lost profits or consequential damages or any similar remedy that CLEAR
CHANNEL may assert against any third party. Notwithstanding anything else in
this AGREEMENT, this Section7(F)(viii) shall survive any termination or
expiration of this AGREEMENT.
F. CLEAR CHANNEL shall pay customary permit fees, fees imposed pursuant to the
Page 8 of 18
DEVELOPMENT AGREEMENT and any applicable gross receipts tax, in the event the
CITY enacts such a tax. No additional fees, mitigations, conditions; exactions, dedications,
fees or otherwise, whether adopted through the exercise of police power, the taxing power
or any other authority, shall be imposed by CITY with respect to the construction,
operation, repair, or maintenance of the DIGITAL BILLBOARD except as provided for
herein. Notwithstanding anything to the contrary, no fee or permit shall be required for any
change of copy in connection with the DIGITAL BILLBOARD.
G. If any person or entity not a party to this AGREEMENT initiates any legal or equitable
action or proceeding to challenge the validity of any provision of this AGREEMENT or
the validity or implementation of the permits and approvals for the DIGITAL
BILLBOARD or of the IS/MND, the Parties shall promptly notify the other Party of such
claim and each party shall cooperate with the efforts of CLEAR CHANNEL to defend
such action or proceeding. CLEAR CHANNEL agrees to pay all reasonable costs and
expenses, including reasonable legal costs and reasonable attorney's fees incurred in
connection therewith, as set forth in more detail in Section 11 of this AGREEMENT. CITY
will not voluntarily assist the opposing party in any such claim or take any position adverse
to CLEAR CHANNEL in connection with such claim. In the event that any person or entity
not a party to this AGREEMENT initiates any legal or equitable action or proceeding to
challenge the validity of any provision of this AGREEMENT, during the pendency of such
action, CLEAR CHANNEL shall have the option to return any DIGITAL DISPLAY to a
conventional non-digital display and CITY shall not be entitled to claim any lost revenues
or damages as a result of such election by CLEAR CHANNEL.
SECTION 8. RELATIONSHIP OF PARTIES.
Under no circumstances shall this AGREEMENT be construed as one of agency, partnership, joint
venture or employment between CLEAR CHANNEL and the CITY. Each party acknowledges and
agrees that it neither has, nor will it give the appearance or impression of having, any legal authority
to bind or commit the other party in any way, notwithstanding that this AGREEMENT is binding
on and between the Parties.
SECTION 9. INSURANCE REQUIREMENTS.
A. General Liability Insurance. During the term of this AGREEMENT, CLEAR CHANNEL
shall maintain commercial general liability insurance with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars
($5,000,000) per occurrence for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit. The general
liability policy so maintained by CLEAR CHANNEL shall be primary and non-
contributory and be endorsed using Insurance Services Office form CG 20 10 to provide
that City and its officers, officials, employees, and agents shall be additional insureds under
such policy.
B. Workers' Compensation Insurance. During the term of this Agreement, CLEAR
CHANNEL shall maintain Workers' Compensation insurance for all of CLEAR
CHANNEL's employees working on the DIGITAL BILLBOARD PROJECT site. In
addition, CLEAR CHANNEL shall require each contractor and subcontractor engaged by
CLEAR CHANNEL for work on the DIGITAL BILLBOARD PROJECT site to provide
Workers' Compensation insurance for its respective employees working at the DIGITAL
BILLBOARD PROJECT site.
Page 9 of 18
C. Evidence of Insurance. Prior to City Council approval of this AGREEMENT, CLEAR
CHANNEL shall furnish the CITY satisfactory evidence of the insurance required in
Sections 9(a) and 8(b) and evidence that the carrier will endeavor to give the CITY thirty
(30) days' (ten (10) days for non-payment of premium) prior written notice in the event
coverage is substantially changed, canceled, or non-renewed. Further, an endorsement
must be attached to all policies stating that coverage is primary insurance with respect to
the CITY and its officers, officials, employees and volunteers, and that no insurance or
self-insurance maintained by the CITY shall be called upon to contribute to a loss under
the coverage with respect to the liabilities assumed by CLEAR CHANNEL under this
AGREEMENT:
(i) During the term of this AGREEMENT, in the event of a reduction (below the limits
required in this AGREEMENT) or cancellation in coverage, CLEAR CHANNEL
shall, prior to such reduction or cancellation, provide at least ten (10) days prior written
notice to the CITY, regardless of any notification by the applicable insurer. If the CITY
discovers that the policies have been cancelled or reduced below the limits required in
this Agreement and that neither the insurer nor CLEAR CHANNEL has provided prior
notice to the CITY as required under this AGREEMENT, said failure shall constitute
a material breach of this AGREEMENT.
(ii) During the term of this AGREEMENT, in the event of a reduction (below the limits
required by this AGREEMENT) or cancellation in coverage, CLEAR CHANNEL
shall have five (5) days in which to provide evidence of the required coverage being
reinstated or replaced, during which time no persons shall enter the PROPERTY to
construct improvements thereon, including construction activities related to the
landscaping and common improvements.
(iii) If CLEAR CHANNEL fails to obtain reinstated or replacement coverage within five
(5) days as required under the preceding subparagraph, the CITY may obtain, but is
not required to obtain, substitute coverage and charge CLEAR CHANNEL the cost of
such coverage plus an administrative fee equal to ten percent (10%) of the premium
for said coverage.
SECTION 10. INDEMNIFICATION AND HOLD HARMLESS .
A. CLEAR CHANNEL agrees to indemnify, defend, and hold harmless the CITY and its
elected and appointed councils, boards, commissions, officers, agents, employees and
representatives (collectively, the "CITY INDEMNITEES") from any and all claims, costs
(including reasonable legal fees and costs) and liability for any personal injury, death or
property damage (collectively, "CLAIMS") resulting from any actions or inactions by
CLEAR CHANNEL, or any actions or inactions of CLEAR CHANNEL's contractors,
subcontractors, agents or employees, in connection with the construction, improvement,
operation or maintenance of the DIGITAL BILLBOARD, provided that CLEAR
CHANNEL shall have no indemnification obligation with respect to (i) any such CLAIMS
to the extent such CLAIMS are solely attributable to the negligence or willful misconduct
of any CITY INDEMNITEES, or (ii) to the extent arising out of or in connection with the
maintenance, use or condition of any public improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as otherwise
provided in an improvement agreement or maintenance bond, if applicable). CLEAR
CHANNEL shall defend such CLAIMS with joint counsel selected by CLEAR
CHANNEL but subject to the approval of the CITY, where such approval shall not be
unreasonably withheld.
Page 10 of 18
B. The Parties' obligations under this Section 10 shall survive the expiration or earlier
termination of this AGREEMENT and shall be independent of any other applicable
indemnity agreements.
SECTION 11. NOTICES.
Any communication or notice which either of the Parties is required to send to the other, or which
either of the Parties desires to send to the other, shall be in writing and shall be either: personally
delivered; mailed using the United States Postal Service, postage prepaid, return receipt requested;
delivered by a recognized overnight courier service; or sent by facsimile to the office of the
respective Parties as identified below:
TO THE CITY: City Manager, City Clerk and City Attorney
City of South San Francisco
400 Grand Avenue,
South San Francisco, CA 94080
TO CLEAR CHANNEL: CLEAR CHANNEL OUTDOOR, LLC
555 12th St., Suite 950
Oakland, CA 94607
Attn: Bob Schmitt
President/GM, Northern California
510-835-5900
With copies to: CLEAR CHANNEL OUTDOOR, LLC
2325 East Camelback Road, Suite 400
Phoenix, AZ 85016
Attn: Operations Counsel
Either of the Parties may change its address by sending notice of the new address to the other
pursuant to this section.
SECTION 12. ENTIRE AGREEMENT.
This AGREEMENT and the DEVELOPMENT AGREEMENT, including exhibits, represent the
entire understanding of the Parties as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered hereunder.
SECTION 13. MISCELLANEOUS PROVISIONS.
A. The parties agree that this AGREEMENT shall be governed and construed in accordance
with the laws of the State of California. In the event that suit shall be brought by either
party to this AGREEMENT, the parties agree that venue shall be vested exclusively in San
Mateo County Superior Court, or, where otherwise appropriate, exclusively in the United
States District Court, Northern District of California.
B. The headings of the sections and subsections of this AGREEMENT are inserted for
convenience only. They do not constitute a part of this AGREEMENT and shall not be
used in its construction.
C. No provision of this Agreement will be deemed waived by either Party unless expressly
waived in a writing signed by the waiving Party. No waiver shall be implied by delay or
any other act or omission of either Party. The waiver by any party to this AGREEMENT
Page 11 of 18
of a breach or violation of any provision of this AGREEMENT shall not be deemed a
continuing waiver, a waiver of any other term or condition contained herein, or a waiver
of any subsequent breach or violation of that or any other provision of this AGREEMENT.
D. Any and all exhibits that are referred to in this AGREEMENT are incorporated herein by
reference and are deemed a part of this AGREEMENT.
E. This AGREEMENT may be amended only by written agreement executed by both Parties.
F. If a court of competent jurisdiction adjudges any provision of this AGREEMENT as void
or unenforceable, the remaining provisions shall not be affected thereby and shall remain
in full force and effect to the maximum possible extent.
G. Where this AGREEMENT refers to the CITY and no officer of the CITY is named, the
City Manager of the CITY shall have the authority to act on behalf of the CITY.
H. The provisions of this AGREEMENT shall be binding upon and inure to the benefit of the
successors and assigns of each Party.
I. This AGREEMENT may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute a single instrument.
J. In the event either Party is in default of any provision hereof, the non-defaulting Party, as
a condition precedent to the exercise of its remedies, shall be required to give the defaulting
Party written notice of the same pursuant to this AGREEMENT.
K. Unless otherwise specified herein, the defaulting Party shall have thirty (30) calendar days
from the receipt of such notice to cure the default, or, if the default cannot be cured within
thirty (30) calendar days, to commence and diligently pursue a cure. If the defaulting Party
timely cures the default, then the default shall be deemed waived and this AGREEMENT
shall continue in full force and effect.
L. If CLEAR CHANNEL is in default of this AGREEMENT and/or is in default of any
payment provision under the DEVELOPMENT AGREEMENT with respect to the
DIGITAL BILLBOARD PROJECT and does not timely cure such payment default, the
CITY shall be entitled to pursue all of its remedies available at law or equity, including,
but not limited to, termination of this AGREEMENT and specific performance, and in the
event the CITY elects to terminate this AGREEMENT, CLEAR CHANNEL shall remove
the above-ground portions of the DIGITAL BILLBOARD as provided below, unless CCO
and CITY have entered into a subsequent written agreement , upon terms and conditions
mutually acceptable to both parties, that allows the DIGITAL BLLBOARD to remain.
M. In the event that either Party elects to terminate this AGREEMENT due to default of the
other Party, then CLEAR CHANNEL agrees that it shall remove the above-ground
portions of the DIGITAL BILLBOARD within ninety (90) days from the date of
termination. Except as otherwise expressly provided in this Agreement, if the
performance of any act required by this Agreement to be performed by either CLEAR
CHANNEL or Caltrans is prevented or delayed because of a Force Majeure Event, as
defined below, then the time for performance will be extended for a period equivalent to
the period of delay, and performance of the act during the period of delay will be excused.
An extension of time for any such Force Majeure Event will be for the period of the
enforced delay and will commence to run from the time of the commencement of the cause,
if notice by the party claiming such extension is sent to the other Party within thirty (30)
Page 12 of 18
days of the commencement of the cause. Times of performance under this Agreement may
also be extended in writing by the mutual agreement of City and CLEAR CHANNEL.
"Force Majeure Event," for purposes of this Agreement, means a cause of delay that is not
the fault of the Party who is required to perform under this Agreement and is beyond that
Party's reasonable control, including the elements (including floods, earthquakes,
windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts
of terrorism, war or war-defense conditions, acts of any public enemy, epidemics,
pandemics, the actions or inactions of any governmental entity or that entity's agents,
litigation, labor shortages (including shortages caused by strikes or walkouts), and
materials shortages.
N. Except as provided below, in no event shall the CITY or its elected or appointed officials,
directors, officers, members, partners, agents, employees or representatives be liable in
monetary damages for any breach or violation of this AGREEMENT, it being expressly
understood and agreed that in addition to the right of termination (at the option of the non-
defaulting Party), the sole legal or equitable remedy available to CLEAR CHANNEL for
a breach or violation of this AGREEMENT shall be an action in mandamus, specific
performance, injunctive or declaratory relief to enforce the provisions of this
AGREEMENT and any and all other available legal and equitable remedies, including,
without limitation, the right to reconstruct the REMOVED BILLBOARD at its existing or
comparable location and the right to any monetary reimbursement in connection with the
loss of the REMOVED BILLBOARD to the extent reconstruction is not feasible. This
provision does not waive any of CLEAR CHANNEL' s remedies for causes of action that
do not arise out of a breach or violation of this AGREEMENT, including such causes of
action that arise statutorily or provide for a constitutional right to just compensation, such
as a taking.
O. In the event of litigation, the prevailing Party in any action filed to enforce this Agreement
will be entitled to recover costs, attorneys' fees, and all other expenses incurred or arising
out of any effort to enforce this AGREEMENT.
[Signature Page to Follow]
Page 13 of 18
WITNESS THE EXECUTION HEREOF as of the date first hereinabove written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By:______________________________
ATTEST:
___________________________
_________________, City Clerk
APPROVED AS TO FORM:
___________________________
_____________, City Attorney
CLEAR CHANNEL:
CLEAR CHANNEL OUTDOOR, LLC
By:_________________________________
Bryan Parker – EVP Real Estate and Public Affairs
Page 14 of 18
EXHIBIT A
REMOVED BILLBOARD
REMOVED BILLBOARD:
Billboard located at Dubuque Avenue, adjacent to the Bayshore Freeway
Page 15 of 18
EXHIBIT B
DIGITAL BILLBOARD PROPERTY MAP AND DESCRIPTION OF LOCATION
APN 015-165-050
345 Shaw Road
Page 16 of 18
EXHIBIT C
DIGITAL BILLBOARD SITE PLANS/SPECIFICATIONS
Page 17 of 18
EXHIBIT D
DEVELOPMENT AGREEMENT
Page 18 of 18
EXHIBIT E
DESIGN OF DIGITAL BILLBOARD
ISMNDNITIALTUDYANDITIGATEDEGATIVEECLARATION
101TCCCBPERMINALOURTLEAR HANNEL ILLBOARD ROJECT
RZAANDELATEDONINGMENDMENT
PFREPAREDOR
CSSFITYOFOUTHAN RANCISCO
DECDEPARTMENTOFCONOMICANDOMMUNITYEVELOPMENT
315MAAPLEVENUE
SSF,CA94080OUTHANRANCISCO
PB: REPAREDY
LiGAMPHIERREGORY
1944E MBARCADERO
O,CA94606AKLAND
J2013UNE
Exhibit D
TABLE OF CONTENTS
IntroductiontothisDocument ................................................................................................................. 1
ProjectInformation .................................................................................................................................. 2
MitigatedNegativeDeclaration ............................................................................................................. 13
Potentially SignificantImpactsRequiringMitigation ........................................................................ 13
ProposedFindings .............................................................................................................................. 17
InitialStudyChecklist ............................................................................................................................ 19
EnvironmentalFactorsPotentiallyAffected ....................................................................................... 20
LeadAgencyDetermination ............................................................................................................... 21
EvaluationofEnvironmentalImpacts ................................................................................................ 22
Aesthetics ....................................................................................................................................... 22
Agricultural andForestResources ................................................................................................. 32
AirQuality ..................................................................................................................................... 33
BiologicalResources ..................................................................................................................... 37
CulturalResources ......................................................................................................................... 40
GeologyandSoils .......................................................................................................................... 41
Greenhouse GasEmissions ............................................................................................................ 43
HazardsandHazardous Materials ................................................................................................. 44
HydrologyandWaterQuality ........................................................................................................ 46
LandUseandPlanning .................................................................................................................. 48
MineralResources ......................................................................................................................... 49
Noise .............................................................................................................................................. 50
PopulationandHousing ................................................................................................................. 51
PublicServices ............................................................................................................................... 52
Recreation ...................................................................................................................................... 53
Transportation/Traffic .................................................................................................................... 54
Utilities andServiceSystems ........................................................................................................ 59
MandatoryFindingsofSignificance .............................................................................................. 60
DocumentPreparers ............................................................................................................................... 62
Sources ................................................................................................................................................... 62
ATTACHMENTS
AttachmentA: BiologicalImpactsAssessment
AttachmentB: NorthwestInformation CenterRecordsSearchResults
h
FIGURES
Figure1: ProjectLocation ................................................................................................................. 7
Figure2: Proposed BillboardSitePlan ............................................................................................. 9
Figure3: Proposed BillboardDesign .............................................................................................. 11
Figure4: ExistingViewfromU.S. 101, facingnorth ..................................................................... 23
Figure5: ProposedBillboardfromU.S. 101, facingnorth (70’ height) ......................................... 23
Figure6: ExistingViewfromU.S. 101, facingnorth ..................................................................... 25
Figure7: ProposedBillboardfromU.S. 101, facingsouth (70’ height) ......................................... 25
Figure8: ReducedHeightBillboardfromU.S. 101, facingnorth (55’ height) .............................. 27
Figure9: ReducedHeightBillboardfromU.S. 101, facingsouth (55’ height) .............................. 27
ii
INTRODUCTION TOTHIS DOCUMENT
ThisdocumentservesastheInitialStudyandMitigatedNegativeDeclaration (IS/MND) fortheproposed
Project, preparedinaccordancewiththeCalifornia Environmental QualityAct (CEQA) (Public
ResourcesCodeSections1500etseq.).
PerCEQAGuidelines (Section15070), aMitigatedNegativeDeclarationcanbepreparedtomeetthe
requirements ofCEQAreviewwhentheInitialStudyidentifiespotentiallysignificant environmental
effects, butrevisionsintheProjectand/orincorporation ofmitigationmeasureswouldavoidtheeffectsor
mitigatetheeffectstoapointwhere clearlynosignificanteffectswould occur.
Thisdocumentisorganizedinthree sectionsasfollows:
IntroductionandProjectInformation. Thissectionintroducesthedocumentanddiscussedthe
projectdescriptionincludinglocation, setting, andspecificsoftheleadagencyandcontacts.
MitigatedNegativeDeclaration. Thissection liststheimpactsandmitigationmeasuresidentified
intheInitialStudyandproposesfindingsthatwouldallowadoptionofthisdocumentasthe
CEQAreviewdocumentfortheproposedproject.
InitialStudyChecklist. ThissectiondiscussestheCEQAenvironmental topicsandchecklist
questionsandidentifiesthepotential forimpactsandproposedmitigationmeasurestoavoidthese
impacts.
101 Terminal Court Clear Channel Billboard Project Page 1
PROJECTINFORMATION
1. ProjectTitle: 101TerminalCourtClearChannelBillboard Projectand
RelatedZoningAmendment
2. LeadAgencyContact: CityofSouthSanFrancisco
GerryBeaudin, PrincipalPlanner
Department ofEconomic andCommunity Development
CityofSouthSanFrancisco
315MapleAvenue
SouthSanFrancisco, CA 94083
650-877-8535orgerry.beaudin@ssf.net
3. ProjectLocation: InthePark NFlyparkinglotat101TerminalCourt
APN015-116-240) adjacenttohighway101inSouth
SanFrancisco.
4. ProjectApplicant'sNameandAddress: PatrickPowers
ClearChannelOutdoor, Inc.
NorthernCalifornia Division
55512thStreet, Suite950
Oakland, CA94607
510) 835-5900x7219
5. GeneralPlanDesignation: CommunityCommercial
6. Zoning: FreewayCommercial (FC)
7. SiteandVicinity: TheregionallocationisshowninFigure1andthespecificlocationonthissiteis
shownonFigure2. TheProjectsiteislocatedwithinthepavedparkingareaoperatedprivatelyby
ParkNFlyasoff-siteairportparking.
Anapproximately40-footwidelandscapestripislocatedbetweentheProjectsiteandthehighwayto
theeast, consistinglargelyofshrubsandgrasses. Farthereast, atapproximately275feettotheother
sideofthehighway, islocatedacommercial complexwithsomeretailandhotels. Beyondthatare
largelyindustrialusesandResearchandDevelopment/officecomplexes.
ThesiteisborderedtothewestbytheGoldenGate ProduceTerminal, whichhousesmultiple
producepurveyorsintwolargebuildings. Aseparate off-siteairportparking useislocatedfartherto
thenorth.
TheParkNFlysiteextendsfornearly800feettothesouthfromthelocationofthebillboard. Atthe
southernboundaryofthesiteisanapproximately 150-footwideunnamedchannelandbufferarea, on
theothersideofwhichislocatedlightindustrialandretailuses.
Theclosest residentialareasarelocatedapproximately 2,300feettothesouthwest, 3,000feettothe
northwestand3,800feettothesouth. Therearenoresidencesinthevicinity totheeast.
8. Project Description:
DigitalBillboard
TheProjectinvolvesconstructionandoperationofonenewdouble-sidedoutdooradvertisingLED
billboardlocatedinSouth SanFrancisco, California. Thebillboardisproposedtoreachamaximum
heightof70feet. Itispossiblethat, throughthe Cityapprovalprocess, includingthedesignreview,
thebillboardheightcouldbereduced. ReducedheightisdiscussedintheAesthetics section.
An “LEDbillboard” consistsofadisplay surfacethatsupportsanimagegeneratedbyrowsoflight
Page 2 101 Terminal Court ClearChannel Billboard Project
emittingdiodes (LED). Theimageonthebillboardisstaticforaperiodoftime, notlessthaneight
seconds, beforecyclingtothenextimage. Operationaldetailsprovided bytheapplicantincludethe
following:
Each LEDdisplaywouldbe48feetwideby14feettallmountedonacolumn sothattheoverall
heightisapproximately70feetabovegrade. Thetwodisplayfaceswillbeorientedina “V”
shapesuchthatthedisplays facethetwodirections ofhighwaytraffic. Thedesignofthe
billboardisshowninFigures2and3.
Brightnessofeachdigitaldisplay: Lightinglevelsoneachfaceofthedigitalbillboardwillnot
exceed 0.3footcandlesoverambient levels, asmeasured usingafootcandlemeterata250’
distanceaccordingtotheguidelinesoftheOutdoorAdvertisingAssociation ofAmerica
OAAA).
Power: Central breakerpanelwithaprimaryfeedof200ampsat120/240singlephaseor200
ampsat208Y/120threephaseprimaryfeed; electricalconnectionswouldbeULandIEC-
approved.
Signage wouldbecontrolledremotelyandwouldhaveremotemaintenance software, andthe
applicantwillimmediatelyshutoff, orgoto “fullblack” intheeventofamalfunction.
Lightsensorswouldbeinstalledwitheachfaceofthebillboardtomeasureambient lightlevels
andtoadjustlightintensitytorespondtosuchconditions. Currently, “beehive” lightsensor
enclosuresareutilized, incorporatingtwolightsensorsintotheenclosure.
Thebillboardwillbeprogrammed fornighttimereduced (4percentofpeakpower) power
operation.
LEDlightinghasadirectionalnatureandtheprojected viewinganglevaluesfortheproposed
billboard is ± 30° verticallyand ± 60° horizontally. Shaderswillbelocated aboveeachrow of
LEDstopreventlightfromprojectingupwardintothesky.
ZoningCodeAmendment
DigitalbillboardsarecurrentlynotallowedundertheCity’sZoningCode. BecauseaZoningCode
amendmentisrequired forapprovaloftheproposedbillboard, thisamendment, includingthe
followingassumptions, hasbeenincluded aspartoftheProjectdescriptionanalyzedinthis
document. Whilethefinalwordingoftheamendmentwasnotavailableatthetimeofdraftingofthis
report, theCity’sintentisthatnomorethan 3digitalbillboardscouldbeallowedalongthehighway
inconjunctionwithnegotiated RelocationAgreements. Thelocationofproposeddigitalbillboards
wouldbeconstrained tothewesternsideofthehighwaybetweenSisterCitiesBoulevard andthe
City’ssouthern boundaryandotherwisefollowingbillboardlocatingrestrictions (suchasCaltrans
ruleof500 feetbetweenbillboards, discussedinmoredetailunderitem11, RegulatoryProvisions).
Approvalandconstructionofanydigitalbillboardwouldrequireanegotiated RelocationAgreement
involvingremovalofmultiple similarly-sizedexistingbillboardswithintheCity.
Construction oftheBillboard
Thefollowinginformationregarding theprocessinvolvedininstallingadigitalbillboardisbasedon
discussions withrepresentativesofClearChannel, andistheprocesstypicallyfollowed. The
followingdescriptionofactivitieshasbeenincludedhereasgeneralprojectinformation, andhasbeen
usedasthebasis forevaluatingpotentialconstruction-periodimpacts forairqualityandnoise. The
specificsoftheprocedurecouldbemodifiedifrecommended bythestructuralengineerbasedupon
theresultsofasite-specificsoilstudy. Theconstruction wouldbesubjecttotheBuildingCode, anda
BuildingPermitwouldberequired forconstructionactivities. Theconstructiontypicallyproceedsas
describedbelow.
Day1: Onthefirstdayatthesite, acrewarriveswithadrillingriganddrillsahole5’ indiameter and
101 Terminal Court Clear Channel Billboard Project Page 3
32’ deep. Atrench plateisplacedovertheholebeforethecrewleavesthesite.
Day2: Thecolumnforthebillboardisdeliveredtothesite. Thecolumnistypically42” indiameter.
Thecolumn isliftedintoplaceinthefoundationholebyacrane, andismaintained inplacebyI-
beamsthatareweldedtothecolumn. Abuildinginspectionisrequiredatthispoint, andthecompany
attemptstoarrangefortheinspection earlyenoughinthedaytoallowpouringofconcreteonDay2.
Day5: After theconcretecuresforthreedays, thecrewreturnstothesite. TheI-beamweldsare
groundoffandtheI-beamsremoved. Theupperstructurecomponentsaredelivered tothesiteand
assembledonthegroundbythecrew (usually4-5persons). Thecranereturnstothesiteandliftsthe
upperstructureintoplaceatopthecolumn.
Electricalservice: Arrangementstoextendelectricalservicetothesitearemadeinadvanceofthe
construction activities. Undergroundelectricalservicewillbeextendedtothebillboardthrough
trenching, usingasleevethatwillaccommodatetheelectricalserviceinsideaconcretefoundation.
Thetypicalelectricalserviceis200ampsforsinglephase, and100ampsfor3-phase.
9. RequiredApprovalsApprovaloftheProjectwillrequire aZoningCodeamendment, Relocation
Agreement, andDesignReviewfromtheCityofSouthSanFrancisco. Additionally, thefollowing
reviewsandapprovalswouldberequired:
Appropriate clearance throughCaltrans isalsorequiredforhighway-orientedsigns. Thismayrequire
arelocation agreement ifthefreewaysegmentisdeterminedtobeclassified asa “landscaped
freeway” (asdiscussedunderRegulatoryProvisions).
Constructionactivitieswillrequireappropriateadministrativepermits.
TheCityandapplicantmayalsoenterintoaDevelopment Agreement.
10. RegulatoryProvisions: Thefollowingregulations areapplicabletoinstallationofbillboardsand
compliancehasbeenassumedinanalysis ofthisProject.
Federal
ThefederalHighwayBeautification Actof1965 (23U.S.C. 131) providesforcontrolofoutdoor
advertising, includingremovalofcertain typesofsigns, alongtheinterstatehighwaysystem. TheAct
isenforcedbytheFederalHighwayAdministration (FHWA).
Aspartofitsenforcementeffort, FHWAhasenteredintoagreements regardingtheActwithstate
departmentsoftransportation. TheagreementswithCaliforniaaredescribedundertheState
provisions, below.
State
TheCalifornia DepartmentofTransportation (Caltrans) isinvolvedinthecontrolof “off-premise”
displaysalongstatehighways. Suchdisplaysadvertiseproductsorservicesofbusinesseslocatedon
propertyotherthanthedisplay. Caltrans doesnotregulateon-premisedisplays. (CaltransLandscape
ArchitectureProgram, 2008)
Californiahasenteredintotwoagreements withFHWAaspartoftheimplementation oftheHighway
BeautificationAct: onedatedMay29, 1965, andasubsequentagreementdatedFebruary15, 1968.
TheagreementsgenerallyprovidethattheStatewillcontroltheconstructionofalloutdoor
advertisingsigns, displaysanddeviceswithin660feetoftheinterstatehighwayright-of-way. The
agreementsprovidethatsuchsignsshallbeerectedonlyincommercialorindustrialzonesandare
subjecttothefollowingrestrictions:
Nosignsshallimitateorresembleanyofficialtrafficsign, signalordevice, norshallsigns
obstructorinterferewithofficialsigns;
Nosignsshallbeerectedonrocksorothernaturalfeatures;
Page 4 101 Terminal Court ClearChannel Billboard Project
Signsshall benolargerthan25feetinheight and60feetinwidth, excludingborder, trimand
supports;
Signsonthesamesideofthefreewaymustbeseparatedbyatleast500feet; and
Signsshallnotincludeflashing, intermittentormovinglights, andshallnotemitlightthatcould
obstructorimpairthevisionofanydriver.
California regulatesoutdooradvertisingintheOutdoorAdvertisingAct (BusinessandProfessions
Code, Sections5200etseq.) andtheCaliforniaCodeofRegulations, Title4, Division6 (Sections
2240etseq.), whichincorporatetheFederal HighwayBeautificationActbyreference. Caltrans
enforcesthelawandregulations. Caltransrequiresapplicantsfornewoutdoorlightingtodemonstrate
thattheowner oftheparcel consentstotheplacementofthesign, thattheparcelonwhichthesign
wouldbelocatediszoned commercial orindustrial, andthatlocalbuildingpermitsareobtainedand
complied with. Adigitalbillboardisidentifiedasa “messagecenter” inthestatute, whichisan
advertisingdisplaywherethemessageischangedmorethanonceeverytwominutes, butnomore
thanonceeveryfourseconds. (BusinessandProfessionsCode, Section5216.4)
Inbrief, off-premises changeableelectronic variablemessagesigns (CEVMS) adjacenttocontrolled
routesshallincorporatestandardspertainingto:
1. DurationofMessage
2. TransitionTime
3. Brightness
4. Spacing
5. Locations
MostimportantlyasaresultofFHWArecommendations, toensuredriversafety, nobillboard
manufacturers presentlyusemovingdisplaysorlessthana4seconddurationtimebetweenmessages.
Somefreewaysareclassifiedas “landscapedfreeways.” Alandscapedfreewayisdefinedasonethat
isnow, ormayinthefuturebe, improvedbytheplantingoflawns, trees, shrubs, flowersorother
ornamentalvegetationrequiringreasonable maintenance ononeorbothsidesofthefreeway
GovernmentCode §5216). Off-premisedisplays arenotallowedalonglandscapedfreewaysexcept
whenapprovedaspartofRelocationAgreementspursuantto §5412oftheOutdoorAdvertisingAct.
ItappearstheProjectsiteiswithina segmentof U.S. 101whichisconsideredaclassified
landscapedfreeway, thoughsuchadetermination wouldbemadeduringtheapprovalprocesswith
1Caltrans.
TheOutdoorAdvertising Actcontainsanumberofprovisionsrelatingtotheconstructionand
operationofbillboards:
Thesignmustbeconstructedtowithstandawindpressureof20poundspersquarefeetof
exposedsurface (§5401);
Nosignshalldisplayanystatementsorwordsofanobscene, indecentorimmoralcharacter
5402);
Nosignshalldisplayflashing, intermittentormovinglightorlights (§5403(h));
Signsarerestrictedfromareaswithin300feetofanintersectionofhighwaysorofhighwayand
railroadright-of-ways, butasignmaybelocatedatthepointofinterception, aslongasaclear
1 Classified “LandscapeFreeways” CaliforniaDepartmentofTransportation, July13, 2011, , availableat
http://www.dot.ca.gov/hq/LandArch/lsfwy/pdf/class_ls_fwy.pdf.
101 Terminal Court Clear Channel Billboard Project Page 5
viewisallowedfor300feet, andnosignshallbeinstalledthatwouldprevent atravelerfrom
obtaining aclearviewofapproachingvehiclesforadistanceof500feetalongthehighway
5404); and
Messagecentersignsmaynotincludeanyilluminationormessagechangethatisinmotionor
appearstobeinmotionorthatchange orexposeamessageforlessthanfourseconds. No
messagecentersignmaybelocated within500 feetof anexistingbillboard, or1,000feetof
anothermessagecenterdisplay, onthesamesideofthehighway (§5405).
Additionalrestrictionsonoutdoorsignage arefoundintheCaliforniaVehicle Code. Section21466.5
prohibitstheplacingofanylightsource “…ofanycolorofsuchbrilliance astoimpairthevision of
driversuponthehighway.” Specificstandardsformeasuring lightsourcesareprovided. The
restrictions maybeenforcedbyCaltrans, theCaliforniaHighwayPatrolorlocalauthorities.
Page 6 101 Terminal Court ClearChannel Billboard Project
ProposedBillboard
Figure1: ProjectLocation
Source: GoogleInc., GoogleEarthimagerydate10/31/2011, withprojectlocationnotedbyLamphier-Gregory.
101 Terminal Court Clear Channel Billboard Project Page 7
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Page 8 101 Terminal Court ClearChannel Billboard Project
Figure2: ProposedBillboardSitePlan
Source: VincentKevinKelly & Assoc., Inc. fortheapplicant, datedMay1, 2012
101 Terminal Court Clear Channel Billboard Project Page 9
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Page 10 101 TerminalCourt Clear Channel Billboard Project
Figure3: ProposedBillboardDesign
Source: VincentKevinKelly & Assoc., Inc. fortheapplicant, datedMay1, 2012
Notes:
Thespecificsofthedecorativepolecovercouldberevisedperthedesignreviewprocess.
Thedesignreview/approvalprocesscouldalsoresultinaloweredoverallheight, potentiallya55’ totalheight. The70’ height
wasutilizedinthisanalysisbecauseitisthemaximumheight thatisbeingconsidered. SeetheAestheticssectionforadiscussion
andvisualmodelingofboththe70’ and55’ overallheights.
101 Terminal Court ClearChannel Billboard Project Page 11
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Page 12 101 TerminalCourt Clear Channel Billboard Project
MITIGATED NEGATIVE DECLARATION
PD,L,SROJECTESCRIPTIONOCATIONANDETTING
ThisMitigated NegativeDeclarationhasbeenpreparedforthe101TerminalCourtClearChannel
BillboardProjectandrelatedcodeamendments. SeetheIntroductionandProjectInformationsectionof
thisdocumentfordetailsoftheProject.
PSIRMOTENTIALLYIGNIFICANTMPACTSEQUIRING ITIGATION
ThefollowingisalistofpotentialProjectimpacts andthemitigationmeasuresrecommendedtoreduce
theseimpactstoaless-than-significantlevel. RefertotheInitialStudyChecklistsectionofthisdocument
foramoredetailed discussion.
Thedigitalbillboardtechnologyhasthepotentialtooperateatlevelsbrighterthanthosespecifiedasthe
operationallimits. Impactswouldremainlessthansignificantunderspecifiedoperatingconditions, which
arerequiredtobetestedunderMitigationMeasureVisual-1, below.
MitigationMeasure
Visual-1: BillboardBrightness FieldTesting. TheApplicantshalldemonstrate throughfield
testingcompliancewitha0.3footcandleincreaseoverambientlightat250feet
duringnighttimeconditionsuponinitialstart-up, at6monthsofoperationandatthe
requestoftheCityforthelifeofthebillboard. TheApplicantshallfundfieldtesting
byanindependentcontractororCitystafftrainedintheuseofahandheld photometer
todemonstratecontinuedcompliance. TheCityshallconsidercitizencomplaints
consistingofdirectpersonalimpactsascauseforrequestingfieldtesting.
Ifincreasesinambientlightarefoundtobeabovethe0.3footcandle level, the
dimming levelshallbeadjusteduntilthislevelcanbedemonstrated. Thismustbe
completedanddemonstrated throughfollow-upfieldtestingwithin24hours orthe
billboardshallnotbeoperated untilthelightinglevelscanbebroughtinto
compliance.
Ifnoabove-thresholdlevelshavebeenmeasuredinthepriorthreetests, fieldtesting
shallberequestednomoreoftenthantwiceyearly. Otherwise, fieldtestscanbe
requesteduptoonce monthly.
Projectairqualityemissionswouldbebelowapplicablethresholdlevels. However, thelocalAirDistrict,
BAAQMD, recommends implementationofconstructionmitigation measurestoreduceconstruction-
related emissionsandfugitivedustforallprojects. ThesebasicmeasuresareincludedinMitigation
MeasureAir-1, belowandwouldfurtherreducealreadylessthansignificantconstruction-periodcriteria
pollutantimpacts.
MitigationMeasure
Air-1: BasicConstructionManagement Practices. TheProjectshalldemonstrate
proposedcompliancewithallapplicableregulationsandoperating procedures prior
toissuanceofdemolition, buildingorgradingpermits, includingimplementation of
thefollowingBAAQMD “BasicConstructionMitigationMeasures”:
Allexposedsurfaces (e.g., parkingareas, staging areas, soilpiles, gradedareas, i)
andunpavedaccessroads) shallbewateredtwotimesperday.
101 Terminal Court ClearChannel Billboard Project Page 13
Allhaultruckstransporting soil, sand, orotherloosematerialoff-siteshallbeii)
covered.
Allvisiblemudordirttrack-outontoadjacentpublicroadsshallberemovediii)
usingwetpowervacuumstreetsweepersatleastonceperday. Theuseofdry
powersweepingisprohibited.
Allvehiclespeeds onunpavedroadsshallbelimitedto15mph. iv)
Allroadways, driveways, andsidewalkstobepavedshallbecompletedassoonv)
aspossible. Buildingpadsshallbelaidassoonaspossibleaftergradingunless
seedingorsoilbindersareused.
Idlingtimesshallbe minimizedeitherbyshuttingequipmentoffwhennotinusevi)
orreducingthemaximumidlingtimeto5minutes (asrequiredbytheCalifornia
airbornetoxicscontrolmeasureTitle13, Section2485ofCaliforniaCodeof
Regulations [CCR]). Clearsignageshallbeprovidedforconstructionworkersat
allaccesspoints.
Allconstruction equipmentshallbemaintainedandproperlytunedinaccordancevii)
withmanufacturer’sspecifications. Allequipmentshallbechecked byacertified
mechanicanddeterminedtoberunninginproperconditionpriortooperation.
Postapubliclyvisiblesignwiththetelephonenumberandperson tocontactatviii)
theLeadAgencyregardingdustcomplaints. Thispersonshallrespondandtake
correctiveactionwithin48hours. TheAirDistrict’sphonenumbershallalsobe
visibletoensure compliancewithapplicableregulations.
Giventhesitecharacteristics, coupledwiththeregionalarchaeologicalsensitivity, thereisamoderate
potentialofunrecordedNativeAmericanresources (especiallyburieddepositswithnosurface
indications) within theproposedProjectarea. Ifpresent, thesewould belocatedbelowanyartificialfillat
thesurface, butpotentially withinthe35footdepthoftheproposeddisturbance. Preparationand
implementationofaculturalmonitoringandmitigation planwouldassurethatdiscoveryofanycultural
resourceswouldbeidentifiedandtreatedappropriately andthereforethatanyimpactinthisregard would
belessthansignificant.
MitigationMeasure
Cultural-1: CulturalMonitoringandMitigationPlan TheProjectapplicantshallfund
preparationandimplementation of aculturalmonitoringandmitigation planbya
qualifiedarchaeologisttoaddressthepotentialforpresenceanddisturbanceofNative
American archaeologicalresources orremainsduringexcavationofthebillboard
polefooting. Thiswillincludeataminimummonitoringduringexcavationofthe
billboardpolefootingandmayalsoincludebutisnotlimitedtoadditionalarchival
research, handaugersampling, shoveltestunits, geoarchaeologicalanalysis, orother
commonmethodsusedtoidentifythepresenceofarchaeologicalresources tobe
determined pertherecommendationofthequalifiedarchaeologist. Thearchaeologist
andconstruction contractors shallfollowtheappropriateprocedures shouldany
culturalresourcesorhumanremainsbediscoveredduringgrounddisturbance.
Thesitehasnotbeenassessedforthepotentialpresenceofhazardousmaterials. Duringtheinstallation
processofthebillboard, holeswouldbedrilledandtheexcavatedsoilwouldbetransportedoffsite. The
Projectwillalsoincludetrenchingtoconnecttoelectricalsupply. WithimplementationofMitigation
MeasureHaz-1, thesitewillbeassessedforthepresence ofhazardousmaterialspriortoconstruction
activities, which, ifpresent, wouldbehandled appropriatelytoensuretheimpact wouldremainlessthan
significant.
Page 14 101 TerminalCourt Clear Channel Billboard Project
MitigationMeasure
Haz-1: PhaseIand/orPhaseIIReports. Priortoissuanceofconstructionpermits, theCity
ofSouthSanFranciscoshallrequire theProjectapplicanttosubmitaPhaseI
environmentalsiteassessment report, andaPhaseIIreportifwarrantedbythePhase
IreportfortheProjectsite. Thereportsshallmakerecommendationsforremedial
actioninaccordancewithStateandFederallaws, ifappropriate, andshouldbesigned
byaRegisteredEnvironmental Assessor, ProfessionalGeologist, orProfessional
Engineer. TheApplicantshallcomplywiththeserecommendations.
MitigationMeasure
Haz-2: E-WasteDisposal. Electronic components ofthebillboardmaycontainmaterials
considered “e-waste” whendisposedofduetopotentiallyhazardous metals, flame
retardants, andotherchemicals. Theoperatorshallberequired tofollowapplicable
regulations regardingproperdisposaland/orrecycling, asappropriate, ascomponents
arereplacedorremovedovertime.
Significanteffectscouldoccuriftheproposeddigitalbillboarddidnotcomplywithrestrictionsregarding
location, intensityoflight, lighttrespass, orotherrestrictionsorincludesvisualeffectsordriver
interactionthatwouldcausedriverdistraction. WithimplementationoftheseMitigationMeasuresTraf-
1andTraf-2, theCitywillreceiveaccurate informationfromtheoperatorregardingcompliance onan
ongoingbasisto ensurethatimpactsontransportation andtrafficsafetywouldbelessthansignificant.
MitigationMeasure
Traf-1: AnnualReport. TheoperatorofthedigitalbillboardshallsubmittotheCity, within
thirtydaysfollowingJune30ofeachyear, awrittenreportregardingoperationof
eachdigitalbillboard duringtheprecedingperiodofJuly1toJune30. Theoperator
maysubmitacombinedreport forallsuchdigitalbillboardsoperatedbysuch
operatorwithintheCitylimits. Thereportshall, whenappropriate, identifyincidents
orfactsthatrelatetospecificdigitalbillboards. Thereportshallbesubmittedtothe
DirectoroftheEconomicandCommunityDevelopment Departmentandshall
includeinformationrelatingtothefollowing:
a. Statusoftheoperator’slicenseasrequiredbyCaliforniaBusinessand
ProfessionsCode §§5300etseq.;
b. Statusoftherequiredpermitforindividual digitalbillboards, asrequiredby
CaliforniaBusiness andProfessions Code §§5350etseq.;
c. Compliance withtheCaliforniaOutdoorAdvertisingAct, CaliforniaBusiness
andProfessionsCode §§5200andallregulations adoptedpursuant tosuchAct;
d. Compliance withCaliforniaVehicleCode §§21466.5and21467;
e. Compliance withprovisions ofwrittenagreements betweentheU.S. Department
ofTransportationandtheCalifornia Department ofTransportationpursuantto
thefederalHighwayBeautification Act (23U.S.C. §131);
f. CompliancewithmitigationmeasuresidentifiedintheMitigatedNegative
Declaration adoptedaspartofProjectapproval;
g. Eachwrittenororalcomplaintreceived bytheoperator, orconveyedtothe
operatorbyanygovernment agencyoranyotherperson, regardingoperationof
eachdigitalbillboardincludedinthereport;
h. Eachmalfunctionorfailureofeachdigitalbillboardincludedinthereport,
whichshallincludeonlythosemalfunctions orfailuresthatarevisible tothe
101 Terminal Court ClearChannel Billboard Project Page 15
nakedeye, includingreason forthemalfunction, durationandconfirmationof
repair; and
i. Operating statusofeachdigitalbillboardincludedinthereport, including
estimateddateofrepairandreturntonormaloperationofanydigitalbillboard
identifiedinthereportasnotoperating innormalmode.
MitigationMeasure
Traf-2: OperationalSafety. Theoperationofthedigitalbillboardshallcomplywiththe
followingatalltimes:
a. Nospecialvisualeffectsthatincludemovingorflashinglightsshallaccompany
anymessageorthetransitionbetweentwo successivemessages;
b. Theoperator shallnot installorimplementanytechnology thatwouldallow
interactionwithdrivers, vehiclesoranydevicelocatedinvehicles, including, but
notlimitedtoaradiofrequencyidentification device, geographic positions
system, orotherdevicewithoutpriorapprovaloftheCityofSouthSan
Francisco, takingintoconsiderationtechnicalstudiesandCalTrans orUSDOT
policiesandguidanceavailableatthetimeoftherequest.
Page 16 101 TerminalCourt Clear Channel Billboard Project
PFROPOSEDINDINGS
TheCityofSouthSanFranciscohasdeterminedthatwiththeimplementationofmitigation measures
identifiedinthisMitigatedNegativeDeclaration, theproposed Projectwillnothaveasignificanteffect
ontheenvironment. IfthisMitigatedNegativeDeclarationisadoptedbytheCityofSouthSanFrancisco,
therequirements ofCEQAwillbemetbythepreparationofthisMitigatedNegativeDeclaration andthe
Projectwillnot requirethepreparation ofanEnvironmental ImpactReport. Thisdecisionissupported by
thefollowingfindings:
a.TheProjectdoesnothavethepotentialto degradethequalityoftheenvironment, substantiallyreduce
thehabitatoffishorwildlifespecies, causeafishorwildlifepopulationtodropbelowself-sustaining
levelsorthreaten toeliminateaplantoranimalcommunity. Itdoesnotreducethenumberorrestrict
therangeofarareorendangeredplantoranimal. Itdoesnoteliminate importantexamplesofthe
majorperiodsofCalifornia historyorpre-history, sincethereisnoidentifiedareaattheProjectsite
whichishabitatforrareorendangeredspecies, orwhichrepresentsuniqueexamplesofCalifornia
historyorprehistory. TheProjectdoesnothaveanysignificant, unavoidableadverseimpacts.
Implementation ofspecifiedmitigationmeasures willavoidorreducetheeffectsoftheProjectonthe
environmentandtherebyavoidanysignificantimpacts.
b.TheProjectdoesnotinvolveimpactswhichareindividuallylimitedbutcumulativelyconsiderable,
becausethedescribedProjectwillincorporate mitigationmeasures toavoidsignificantimpactsofthe
Projectinthecontextofcontinuedgrowth anddevelopmentintheCityofSouthSanFrancisco.
c.TheProjectdoesnothaveenvironmental effectsthatwillcausesubstantialadverseeffectsonhuman
beings, eitherdirectlyorindirectly, becausealladverseeffectsoftheProjectwillbemitigatedtoless
thansignificantlevels.
101 Terminal Court ClearChannel Billboard Project Page 17
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Page 18 101 TerminalCourt Clear Channel Billboard Project
INITIALSTUDY CHECKLIST
EFPANVIRONMENTALACTORSOTENTIALLY FFECTED
EnvironmentalfactorsthatmaybeaffectedbytheProject arelistedalphabeticallybelow. Factorsmarked
withan “X” () weredeterminedtobepotentiallyaffectedbytheProject, involvingatleastoneimpact
thatrequiredmitigationtoreducetheimpacttolessthansignificantlevels, asindicated inthe
Environmental EvaluationFormChecklistandrelateddiscussionthatfollows. Unmarkedfactors ()
weredeterminedtonotbesignificantly affected bytheProject, basedondiscussion providedinthe
Checklist, includingtheapplication ofmitigationmeasureswhichtheapplicanthasagreedtoimplement.
Aesthetics Agricultural andForestResources AirQuality
BiologicalResources CulturalResources Geology/Soils
GreenhouseGasEmissions Hazards/HazardousMaterials Hydrology/WaterQuality
LandUse/Planning MineralResources Noise
Population/Housing PublicServices Recreation
Transportation/Traffic Utilities/ServiceSystems
MandatoryFindingsofSignificance
Therearenoimpactsthatwouldremainsignificant withimplementation oftheidentifiedmitigation
measures.
101 Terminal Court ClearChannel Billboard Project Page 19
EEEVALUATIONOFNVIRONMENTAL FFECTS
TheChecklistportionoftheInitialStudybeginsbelow, withexplanationsofeachCEQAissuetopic.
Fouroutcomesarepossible, asexplainedbelow.
1.A “noimpact” responseindicatesthatnoactionthatwouldhaveanadverseeffect ontheenvironment
wouldoccur duetotheProject.
2.A “lessthansignificant” responseindicatesthatwhiletheremaybepotentialforanenvironmental
impact, therearestandardprocedures orregulationsinplace, orotherfeaturesoftheProjectas
proposed, whichwouldlimittheextentofthis impacttoalevelof “lessthansignificant.”
3.ResponsesthatindicatethattheimpactoftheProjectwouldbe “lessthansignificant withmitigation”
indicatethatmitigationmeasures, identifiedinthesubsequentdiscussion, willberequiredasa
conditionofProjectapprovalinorder toeffectivelyreducepotentialProject-relatedenvironmental
effectstoalevelof “lessthansignificant.”
4.A “potentiallysignificant impact” responseindicatesthatfurtheranalysisisrequiredtodeterminethe
extentofthepotentialimpactandidentifyanyappropriatemitigation. Ifanytopicsareindicatedwith
a “potentiallysignificant impact,” thesetopicswouldneedtobeanalyzedinanEnvironmentalImpact
Report.
Notethatthisdocument doesnotindicatethatanyenvironmental topicswouldbeconsidered tobe
potentially significant” afterapplication ofmitigationmeasures identifiedinthisdocument andasagreed
tobytheProjectapplicant.
101 Terminal Court ClearChannel Billboard Project Page 21
1. AESTHETICS
Would theproject:
a) Havea substantialadverseeffectonascenicvista?
b) Substantially damage scenicresources, including, butnotlimited to, trees,
rockoutcroppings, andhistoric buildingswithinastatescenichighway?
c) Substantially degrade theexistingvisualcharacter orquality ofthesiteand
itssurroundings?
d) Createanewsourceofsubstantial lightorglarewhichwouldadverselyaffect
dayor nighttimeviews inthearea?
a) ScenicVistas. The siteandsurroundingareaispredominatelydeveloped withindustrialusesandis
notascenicresourceorvista. TheProjectislocatedonaflatareanearthehighwaywithno
substantial viewsoftheBayfromoracrossthesite.
SignHill, whichcontainstheprominent concrete “SouthSanFranciscoTheIndustrialCity” signon
thehillside, andSanBrunoMountainarevisiblefromU.S. 101acrossthesitetothenorth. Distant
viewsoftheridgealongSkylineBoulevardarevisiblefromU.S. 101across thesitetothe
south/southwest.
Figures 4 6 FiguresandshowexistingviewsfromU.S. 101towardthesitetothenorthandsouthand
57andshowvisualmodelsoftheproposedbillboardintheseviews. ViewstowardSignHill, San
BrunoMountainandtheSkylineBoulevardridgefromU.S. 101arealreadypartiallyand
intermittentlyobscuredbyexisting development, signageandlandscaping. Ascanbeinferredfrom
thesefigures, theproposedbillboard wouldcontributetotemporaryobstructionoftheseviewsasa
driverprogressestowardandpastthebillboard.
TherearenospecificpoliciestoprotectviewsofSignHillfromU.S. 101andneither SignHill, San
BrunoMountain, norSkylineBoulevard ridgearedesignated asscenicvistasorscenicviews. The
locationsfromwhichviewsareaffectedarenotplaceswherepeoplewouldspecificallygatherin
ordertogainaviewoftheselandmarks. BlockageofviewstowardSanBrunoMountainandSkyline
Boulevardridgewouldnotbeconsideredapotentially significantenvironmentalimpact. However,
SignHillisidentifiedasanationalhistoriclandmarkandregionallandmarkthatisclearlyvisibleto
2travelersonnearbyfreeways, soisconsidered ascenicresourceforpurposesofthisanalysis.
TheproposedbillboardwouldcontributetoblockageofviewstowardSignHillfromthepointof
viewofavehicledrivingnorthalongU.S. 101. Thisinterruptionofviewswouldbetemporaryinthat
thebillboardwouldonlyblockviewsforashort periodasthevehicleprogressestowardthebillboard.
Signsinthisareaarenotuncommonthoughcumulativeblockageofviewswouldbeintermittent, as
viewstowardSignHillwouldbeavailablebetweensignsasavehicleprogressesnorth.
Figures 89andadditionallyshowthebillboardataheightofonly55’, whichiscurrentlybeing
consideredasamodification totheProject. Whilethesearestaticphotos, itisimportant toconsider
theperceptionofrelativesize. Asapersonapproaches anobject, theobject’sperceivedsizewill
2CityofSouth SanFrancisco, prepared byDyettandBhatia, SouthSanFrancisco GeneralPlan, 1999, p. 240.
Page 22 101 TerminalCourt Clear Channel Billboard Project
Figure4: ExistingViewfromU.S. 101, facingnorth
Figure5: ProposedBillboardfromU.S. 101, facingnorth (70’ height)
101 Terminal Court ClearChannel Billboard Project Page 23
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Page 24 101 TerminalCourt Clear Channel Billboard Project
Figure6: ExistingViewfromU.S. 101, facingsouth
Figure7: ProposedBillboardfromU.S. 101, facingsouth (70’ height)
101 Terminal Court ClearChannel Billboard Project Page 25
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Page 26 101 TerminalCourt Clear Channel Billboard Project
Figure8: ReducedHeightBillboardfromU.S. 101, facingnorth (55’ height)
Figure9: ReducedHeightBillboardfrom U.S. 101, facingsouth (55’height)
101 Terminal Court ClearChannel Billboard Project Page 27
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Page 28 101 TerminalCourt Clear Channel Billboard Project
increase. Thisiswhyapersonstanding acrossafootballfieldfromyoucanbecoveredinyourvision
byyourownoutstretched hand. Weperceivesomethingfartherawayassmaller (andtherefore
shorter). InthecaseofthisProject, thenearerobject (thebillboard) willappeartogrow tallerrelative
tothemoredistantobject (SignHill) asitisapproached. Ataheightof55’, theproposedbillboard
wouldstillbetallenoughtoblockviewstowardSignHillfromU.S. 101, thoughthelanepositionand
distanceofthevehiclefromthebillboard wouldbedifferentthanwheretheblockagewouldoccurfor
abillboardata70’ height. Becausealowerbillboardwouldbeobservedastallenoughtoblockviews
whentheobserverisclosertoitthana70’ billboard, amarginally shortertimewouldpassduring
whichviewsareblockedforthe55’ billboard. Therefore, itcanbeassumedthatthisheight reduction
wouldresultinasimilar, thoughmarginallyreducedimpacttoanalreadylessthansignificantimpact
onSignHillviews.
TheProjectalsoincludesamendingtheZoning Codetopotentially allowupto3digital billboards,
includingthisone, alongthewesternsideofU.S. 101withinthecitylimitsthroughRelocation
Agreements. WithRelocation Agreements, billboardscouldbelocatedasclosetogetheras500feet
anddigitalbillboards ascloseas1,000feettoeachother.
Thetwoadditionalallowabledigitalbillboardscouldcontributetointermittentblockageofviews
towardSignHill. Thespecificproposalsfortheothertwobillboardshavenotyetbeensubmitted and
wouldhavetoundergoappropriatereview. However, anyproposedbillboardswouldberequiredto
conformtoCaltransspacingregulations, whichwouldensurespacebetweensignsandthereforeonly
intermittentblockageofviewswouldresult.
Takingboththeregulatoryandspecificlocational/sceniccontextintoaccount, aswellasthe
temporary andintermittentnatureoftheobstructionfromthepointofviewofamovingvehicle, the
Project’simpactonscenicvistas, includingviewsofSignHillfromU.S. 101, wouldbeconsidereda
lessthansignificantimpact.
TheCityandapplicantareconsideringareducedheightbillboard, whichwouldreachamaximum
heightof55’ insteadoftheproposed 70’. Reducingtheheightwouldresultinimpactsthataresimilar
totheProjectattheproposedheightandwouldnotrequireadditionalenvironmental review. A
reducedheightbillboardwouldmarginally reduceanalready less-than-significantimpact relatedto
blockageofviewstowardSignHill.
b) ScenicHighways. U.S. 101isnotadesignatedoreligibleStateScenicHighway corridorinthe
3vicinityoftheProjectnorisitidentifiedasasceniccorridorintheSouthSanFranciscoGeneralPlan.
TheProjectwouldhavenoimpactonastatescenichighwayorscenicresourcesviewablefromsucha
highway.
c) Visual Character. Theproposeddigitalbillboardsiteislocated alongafreewayintheLindenville
areaofSouthSanFrancisco, whichischaracterizedbywarehousinganddistributionandlight
industrialusesincluding storage, automobilerepair, manufacturing, andsmallbusinessparks. The
Projectsiteandsurroundingareaisanticipated intheGeneralPlantoultimatelytransitiontoRegional
Commercial uses.
ThenewbillboardwouldbevisibleprimarilytodriversalongU.S. 101aswellasadjacentandacross-
highwayindustrial, hotel, andcommercialuses. Itisexpectedthebillboardwouldbevisiblein some
mid- andlong-rangeviewsfromfarthercommercial andresidential areasthatarehighenoughtohave
viewsacross thearea. Thevicinitywherethebillboardisproposedalreadysupportssomehighway-
orientedon-sitesignage, billboards, androadwaysignage. Theproposedbillboardisnotinconsistent
withthecharacteroftheareainwhichitisproposed.
3California Departmentof Transportation, StateScenicHighway MappingSystem,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
101 Terminal Court ClearChannel Billboard Project Page 29
Additionally, Citystaffwillreview theproposeddesignaspartoftheapprovalprocess, anddesign
parameterswouldbeimposedbytheCity.
Therefore, giventhecontextoftheproposed billboard, theimpactrelatedtodegradingvisual
characterwouldbeconsidered lessthansignificant.
Theadditionaltwodigitalbillboards, includingamaximumoffourbillboard faces, thatcouldbe
allowedundertheZoningCodeamendmentwouldbeconstrainedtothewesternsideofU.S. 101
adjacenttothefreewayandbetweenSisterCities BoulevardandthesouthernboundaryoftheCity.
Therearenumerouscommercialorindustrialareasinwhichtheycouldbelocated, particularly
consideringrelocation orremovalofexistingbillboards. Thereisnocurrentproposalforthe
additional billboards, sothespecificlocationscannotbeanalyzed. If/whenadditional digital
billboardsareproposed, theCitywouldperformtheappropriatereview. TheZoningCodeamendment
thatcouldallowtwoadditionaldigital billboards wouldnotchangethisimpactconclusion.
ItisalsoimportanttonotethatundertheproposedZoningAmendment, adigitalbillboard wouldonly
beallowedpursuanttoaRelocationAgreement, whichwouldresultintheremovalofoneormore
otherbillboardswithintheCityforeachproposed digitalbillboard. Thiscouldresultinanet
reductioninthetotalnumberofbillboardswithintheCity.
d) LightandGlare. DigitalbillboardsrelyonLEDtechnologytodisplaymessagesonalitscreen. The
lightingisdesignedtomakethemessage displaysvisibletopassingmotorists.
ThebrightnessoftheLEDdisplayonthebillboardfaceissubjecttoadjustmentbasedonambient
conditionsmonitoredbymultiplelightsensors. Thedisplay, forexample, isbrighterinthedaytime
thanindarkness, andrespondstochangesintheambientlightconditions. Restrictionsondigital
billboards, imposedandenforcedbyCaltrans, precludelightingthatwouldbedirectedatmotorists
thatissodirectedorintensethatitcouldblindorconfusedrivers, orcreate conditionsthatmake
recognitionoftheroadwayorofficialsignagedifficult.
Caltranshasimposedtheserestrictionsfortrafficsafetyreasons, andtheyarediscussedinmoredetail
intheTransportationsection. Theresultingcontrols, however, effectivelyregulatelightandglareto
ensurethattheoperation ofanydigitalbillboarddoesnotcreateasubstantial newsourceoflightor
glare.
Thebillboardswouldalsocomplywithguidelines oftheOutdoorAdvertisingAssociationofAmerica
OAAA). Theseguidelinesspecifythatlightinglevelsfromadigitalbillboardwillnotexceed0.3
footcandlesoverambientlevels, asmeasured usingafootcandle meteratapre-setdistancebased on
4thesizeofthebillboardface. Forthe14’ by48’ billboards, thiswouldbe250feet. Itisanticipated
5thattheilluminancewouldbenegligiblebeyond500feet.
TheIlluminatingEngineering SocietyofNorthAmerica (IESNA) LightingHandbook 10thEdition
recommendations areinunitsof “nits,” whichareappropriate whenlightisbeingbounced offa
surface, asisthecasewithaconventional billboard, butisnotthecasewithanLEDbillboard. With
assumptionsaboutcontent, “nits” andfootcandlescanbeconvertedforcomparisonofLED
illuminance toconventionalbillboard luminance. Conversion ofnitsusingconservativeassumptions
80% reflectance) andIESNAHandbookrecommendationsforbrightsurroundsresultsin
recommendationsof0.256footcandlesat250feet. Thisissimilartodigitalbillboard-specific
recommendationsof0.3footcandles. 6
4 OAAAMethodology toDetermineBillboardLuminance LevelsAccordingto , providedbyClearChannel.
5 ComparisonofDigitalandConventionalBillboardsOAAApreparedbyLightSciencesInc., November29, 2006, .
6 ComparisonofDigitalandConventionalBillboardsOAAApreparedbyLightSciencesInc., November29, 2006, .
Page 30 101 TerminalCourt Clear Channel Billboard Project
Thevalueof0.3footcandlesisutilizedherebecause, whilerelatively low, itispracticaltomeasure
withahandheldphotometer andthereforetoverifyfollowinginstallationandduringoperation. This
0.3footcandle levelwouldbeperceptible, butatthelowend, tothehumaneye, overambientlighton
asurface. Itwouldbeequivalent toaverage residentialstreetilluminationprovidedbylowwattage
streetlights (i.e., similartoambient conditions inthevicinity).
MitigationMeasure
Visual-1: BillboardBrightness FieldTesting. TheApplicantshalldemonstrate throughfield
testingcompliancewitha0.3footcandleincreaseoverambientlightat250feet
duringnighttimeconditionsuponinitialstart-up, at6monthsofoperationandatthe
requestoftheCityforthelifeofthebillboard. TheApplicantshallfundfieldtesting
byanindependentcontractor orCitystafftrainedintheuseofahandheld photometer
todemonstratecontinuedcompliance. TheCityshallconsidercitizencomplaints
consistingofdirectpersonalimpactsascauseforrequestingfieldtesting.
Ifincreasesinambientlightarefoundtobeabovethe0.3footcandle level, the
dimming levelshallbeadjusteduntilthislevelcanbedemonstrated. Thismustbe
completedanddemonstrated throughfollow-upfieldtestingwithin24hours orthe
billboardshallnotbeoperated untilthelightinglevelscanbebroughtinto
compliance.
Ifnoabove-thresholdlevelshavebeenmeasuredinthepriorthreetests, fieldtesting
shallberequestednomoreoftenthantwiceyearly. Otherwise, fieldtestscanbe
requesteduptoonce monthly.
Therearenoresidences within500feetoftheproposedbillboard, atwhichpointtheincreasesin
illuminancewouldbenegligible. Hotelusesarelocatedbetween250and500feetfromthebillboard,
whereilluminance increasesfromthebillboardwouldbebarelyperceptibleandconsistentwiththe
existingurbanconditions. WithimplementationofMitigationMeasureVisual-1, lightlevelsfrom the
proposedbillboardwillbeassuredtoremainattheselowlevelsandpotentialimpactsrelated tolight
andglarewouldbelessthansignificant.
Theadditional twodigitalbillboards thatcouldbeallowedundertheZoningCodeamendment
throughRelocationAgreementscouldbeascloseas500feettothecurrentlyproposedbillboard. As
notedabove, theincreaseinilluminanceisnegligibleat500feetandbarelyperceptible at250feet.
Thepotentialformultipledigitalbillboardsinthefuture, asallowedundertheZoningCode
amendment, wouldnotsubstantiallycontributetocumulativelightandglareimpactsandwouldnot
changetheimpactconclusion. Thespecificlocationsoftheothertwobillboardsarenotyetproposed.
Billboard-specificlightandglareimpactsofthesefuture billboardswouldneedtobeassessed in
respecttoanylight-sensitiveusesintheir vicinity.
101 Terminal Court ClearChannel Billboard Project Page 31
2. AGRICULTUREANDFORESTRY RESOURCES
Indetermining whetherimpacts toagricultural resources aresignificantenvironmental
effects, leadagenciesmay refertotheCalifornia Agricultural Land Evaluationand
SiteAssessment Model (1997) prepared bytheCaliforniaDept. ofConservationasan
optional model tousein assessing impacts onagricultureand farmland. In
determiningwhether impactstoforestresources, including timberland, aresignificant
environmental effects, leadagencies may refertoinformation compiledbythe
CaliforniaDepartment ofForestryandFireProtection regardingthestate’sinventory
offorest land, including theForestandRange Assessment Project andtheForest
Legacy Assessment project; andforestcarbonmeasurementmethodologyprovidedin
ForestProtocolsadoptedbytheCaliforniaAirResourcesBoard. Would theproject:
a) Convert Prime Farmland, UniqueFarmland, orFarmland ofStatewide
Importance (Farmland), asshown onthemapsprepared pursuantto theFarmland
MappingandMonitoring Program oftheCalifornia Resources Agency, tonon-
agriculturaluse?
b) Conflict withexistingzoningforagricultural use, oraWilliamson Act contract?
c) Conflict withexisting zoningfor, orcause rezoningof, forest land (asdefinedin
PublicResources Codesection12220(g)), timberland (asdefinedbyPublic
Resources Codesection4526), ortimberland zonedTimberlandProduction(as
definedbyGovernment Codesection 51104(g))?
d) Result inthelossof forestland orconversionofforestlandtonon-forestuse?
e) Involve otherchanges inthe existingenvironment which, duetotheirlocation or
nature, could resultinconversion ofFarmland, tonon-agricultural useor
conversion offorest landtonon-forest use?
a-e) AgricultureandForestryResources. TheProjectsiteislocatedinadevelopedurbanareaadjacentto
ahighway. Nopartofthesiteiszonedfororcurrentlybeingusedforagriculturalorforestrypurposes
oraresubjecttotheWilliamson Act. Therewouldbenoimpacttoagricultureandforestryresources
asaresultofthisProject.
Page 32 101 TerminalCourt Clear Channel Billboard Project
3. AIRQUALITY
Where available, thesignificancecriteriaestablished bytheapplicableair quality
management orairpollutioncontroldistrictmay berelieduponto makethe
followingdeterminations. Would theproject
a) Conflict withorobstructimplementation oftheapplicable airquality plan?
b) Violate anyairqualitystandardorcontribute substantially toan existing or
projectedairqualityviolation?
c) Resultina cumulatively considerablenetincrease ofanycriteria pollutantfor
whichthe projectregion isnon-attainment under anapplicablefederalorstate
ambientair qualitystandard (includingreleasing emissions whichexceed
quantitative thresholdsforozoneprecursors)?
d) Expose sensitive receptorsto substantialpollutantconcentrations?
e) Createobjectionable odorsaffectingasubstantialnumber ofpeople?
a)AirQualityPlan. TheProjectsiteissubjecttotheBay AreaCleanAirPlan, firstadoptedbytheBay
AreaAirQualityManagement District (BAAQMD) (inassociationwiththeMetropolitan
Transportation CommissionandtheAssociationofBayAreaGovernments) in1991tomeetstate
requirements andthoseoftheFederalCleanAirAct. Asrequiredbystatelaw, updatesaredeveloped
approximatelyeverythreeyears. Theplanismeanttodemonstrate progresstowardmeetingtheozone
standards, butalsoincludes otherelementsrelatedtoparticulatematter, toxicaircontaminants, and
greenhousegases. Thelatestupdatetotheplan, whichwasadoptedinSeptember2010, iscalledthe
BayArea2010CleanAirPlan.
Aprojectwouldbejudgedtoconflictwithorobstructimplementationoftheregionalairqualityplan
ifitwouldbeinconsistentwithregional growthassumptionsorimplementation ofcontrolstrategies.
TheProjectwouldhavenoeffectongrowth ofpopulation orvehicletravelandtheCleanAirPlan
doesnotrecommendmeasuresdirectlyapplicabletothistypeofuse. TheProject, therefore, wouldbe
generallyconsistentwiththeCleanAirPlanandhavealessthansignificantimpactinthisregard.
b-c) AirQualityStandards/CriteriaPollutants. Ambientairqualitystandards havebeenestablishedby
stateandfederalenvironmental agenciesforspecificairpollutants mostpervasiveinurban
environments. Thesepollutants arereferredtoascriteriaairpollutantsbecausethestandards
establishedforthemweredevelopedtomeetspecifichealthandwelfare criteriasetforthinthe
enabling legislationandincludeozone (O) precursors (NOxandROG), carbonmonoxide (CO), and3
suspendedparticulate matter (PM andPM). TheBayAreaisconsidered “attainment” forallofthe102.5
nationalstandards, withtheexceptionofozone. Itisconsidered “nonattainment” forStatestandards
forozoneandparticulate matter.
Past, presentandfuturedevelopmentprojects contributetotheregion’sadverseairqualityimpacts on
acumulative basis. Byitsverynature, airpollutionislargelyacumulative impact. Nosingleproject
issufficientinsizeto, byitself, resultinnonattainmentofambientairqualitystandards. Instead, a
project’sindividual emissionscontributetoexistingcumulativelysignificantadverseairquality
impacts. Ifaproject’scontributiontothecumulative impactisconsiderable, thentheproject’simpact
7onairqualitywouldbeconsideredsignificant.
7 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , p. 2-1.
101 Terminal Court ClearChannel Billboard Project Page 33
BAAQMD’supdatedCEQAGuidelinesincludingthresholdsofsignificancewereadopted onJune2,
2010. OnMarch5, 2012theAlamedaCountySuperiorCourt issuedajudgmentfindingthat
BAAQMDhadfailedtocomplywith CEQAwhenitadoptedits2010Thresholds. Thecourtdidnot
determinewhethertheThresholdswerevalidonthemerits, butfoundthattheadoptionofthe
Thresholds wasaprojectunderCEQA. ThecourtissuedawritofmandateorderingBAAQMD toset
asidetheThresholds andceasedissemination ofthemuntilBAAQMDhadcompliedwithCEQA.
The2010 Thresholdsaremoreconservative thantheprevious1999versionandhavebeenusedin
thisanalysisforaconservativedeterminationofimpactsignificance. Currentthresholdsof
significanceforCriteriaAirPollutants aresetbyBAAQMDassummarizedbelow:
BAAQMDCPTSRITERIAOLLUTANTHRESHOLDSOFIGNIFICANCE
Pollutant Construction-RelatedOperational-Related
AverageDailyEmissions AverageDailyEmissions MaximumAnnual
lbs./day) (lbs./day) Emissions (tpy)
ROG 54 54 10
NOX 54 54 10
PM10 82 (exhaust only) 82 15
PM2.5 54 (exhaust only) 54 10
PM10/PM2.5 Best Management None
fugitive dust) Practices
Source: BAAQMDAdoptedAirQualityCEQAThresholdsofSignificance - June2, 2010
Project-relatedairqualityimpactsfallintotwocategories: short-termimpactsthatwouldoccurduring
constructionoftheProjectandlong-termimpactsduetoProjectoperation.
ConstructionEmissions
BAAQMDpresents screeningcriteria intheirCEQAGuidelines thatidentifyprojectsizesbytype
thatcouldhavethepotentialtoresultinemissionsovercriterialevels. Forexample, thistable
includesaconstruction-periodcriteriapollutantscreeninglevelof114singlefamilydwellingunits or
8277,000square feetofretailuses. While construction ofbillboardsisnotspecifically listedonthis
screeningtable, itcanbereasonablyconcludedfromacomparisontotheentries onthistablethatthe
minimalconstructionactivitiesrequiredforthisProject, includingonlyafewdaysofactivity, would
bewellbelowthresholdlevels.
However, BAAQMDrecommendsimplementationofconstruction mitigationmeasurestoreduce
construction-relatedemissionsandfugitivedustforallprojects, regardless ofthesignificance levelof
construction-periodimpacts. ThesebasicmeasuresareincludedinMitigationMeasure Air-1, below
andwouldfurtherreduceconstruction-periodcriteriapollutantimpacts.
MitigationMeasure
Air-1: BasicConstructionManagement Practices. TheProjectshalldemonstrate
proposedcompliancewithallapplicableregulationsandoperatingprocedures prior
toissuanceofdemolition, buildingorgradingpermits, includingimplementation of
thefollowingBAAQMD “BasicConstruction MitigationMeasures”.
Allexposedsurfaces (e.g., parkingareas, staging areas, soilpiles, gradedareas, i)
andunpavedaccessroads) shallbewateredtwotimesperday.
Allhaultruckstransporting soil, sand, orotherloosematerialoff-siteshallbeii)
covered.
8 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , pp. 3-2to3-3.
Page 34 101 TerminalCourt Clear Channel Billboard Project
Allvisiblemudordirttrack-outontoadjacentpublicroadsshallberemovediii)
usingwetpowervacuumstreetsweepersatleastonceperday. Theuseofdry
powersweepingisprohibited.
Allvehiclespeeds onunpavedroadsshallbelimitedto15mph. iv)
Allroadways, driveways, andsidewalkstobepavedshallbecompletedassoonv)
aspossible. Buildingpadsshallbelaidassoonaspossibleaftergradingunless
seedingorsoilbindersareused.
Idlingtimesshallbe minimizedeitherbyshuttingequipmentoffwhennotinusevi)
orreducingthemaximumidlingtimeto5minutes (asrequiredbytheCalifornia
airbornetoxicscontrolmeasureTitle13, Section2485ofCaliforniaCodeof
Regulations [CCR]). Clearsignageshallbeprovidedforconstructionworkersat
allaccesspoints.
Allconstruction equipmentshallbemaintainedandproperlytunedinaccordancevii)
withmanufacturer’sspecifications. Allequipmentshallbechecked byacertified
mechanicanddeterminedtoberunninginproperconditionpriortooperation.
Postapubliclyvisiblesignwiththetelephonenumberandperson tocontactatviii)
theLeadAgencyregardingdustcomplaints. Thispersonshallrespondandtake
correctiveactionwithin48hours. TheAirDistrict’sphonenumbershallalsobe
visibletoensure compliancewithapplicableregulations.
OperationalEmissions
Similartotheanalysisforconstruction-periodimpactsabove, theProjectwascomparedtoBAAQMD
screeningcriteriaforoperationalpollutants. Asitrelatestooperationalpollutants, thistableincludes
screeninglevelsof325singlefamilydwellingunitsor99,000squarefeetofregionalshoppingcenter
9 Theseexampleuseswouldutilizeover1,000,000kilowatt-hoursperyear.10uses.
In2010 (themostrecentdataavailable), ClearChannelbillboardsaverageannualusagefordouble-
sideddigitalbillboardsofthesamesizeasthatproposedwas86,400kilowatt-hours (kwh), orless
thanonetenththeemissionsofaprojectthatwouldbeexpectedtohaveemissions abovethreshold
levels.
While operationofdigitalbillboardsisnotspecificallylistedonthisscreeningtable, itcanbe
reasonablyconcludedfromacomparisontotheBAAQMDscreeningtablethatoperationalemissions
resultingfromthisProjectwouldbewell belowthresholdlevels.
Additionally, BAAQMDpresentsasscreeningcriteriaforcarbonmonoxideimpactstraffic-based
criteria. AsoperationoftheproposedProjectwouldnotimpacttrafficlevels, theProjectwouldbe
belowcarbonmonoxidethresholdlevels.
Therefore, theProjectimpactrelatedtooperational pollutantemissionswouldbelessthan
significant.
d)SensitiveReceptors
Forthepurposeofassessing impactsofaproposedProjectonexposureofsensitivereceptorstorisks
andhazards, thethresholdofsignificanceisexceededwhentheproject-specificcancerriskexceeds
10inonemillionorthenon-cancerriskexceedsaHazardIndexof1.0. Examples ofsensitive
9 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , pp. 3-2to3-3.
10CalculatedusingenergyutilizationratesfromBAAQMD’sGreenhouseGasModel (BGM).
101 Terminal Court ClearChannel Billboard Project Page 35
receptorsareplaceswherepeoplelive, playorconvalesceandinclude schools, hospitals, residential
areasandrecreationfacilities.
TheProjectitselfisnotconsideredasensitivereceptorandoperationoftheProjectwould notbe
consideredasourceofhazardous emissions. However, construction activitythatusestraditional
diesel-poweredequipmentresultsintheemissionofdieselparticulatematter, whichisconsidereda
toxicaircontaminantandpotentialhealthrisk. Thegenerationoftheseemissionswouldbe
temporary, confinedtotheconstruction-periodofafewactivedaysateachsite.
BAAQMDprovidesadocument titledScreeningTablesforAirToxicsEvaluationduring
Constructiontoestimatethepotentialforsignificant airqualityhealthriskimpactsassociatedwith
constructionactivitybased ongeneralprojectcharacteristics, suchastypeandsize, utilizingworst-
caseandconservative assumptions. Thetableisnotintendedtobeusedforprojectssubstantially
11differentfromthedescribedresidential, commercial andindustrialprojects. Therefore, thetable
cannotbeuseddirectlyforthisProject. However, abriefcomparisonoftheBAAQMDScreening
TabletoProjectcharacteristics isusedtoanalyzethehealthriskimpacts. Thesmallestprojects
identifiedintheScreeningTableinclude constructionofa5unitresidentialprojecton1.7acresand
construction ofa5,000squarefootcommercialprojecton0.2acres. Thescreeningtablereportsthat
underworst-caseconditions, thereisthepotentialforsignificanthealthriskifasensitivereceptoris
locatedwithin95or100meters (upto328feet) ofsuchaconstruction site.
Thenearest sensitivereceptortotheProject siteisover2,300feetaway. Additionally, BAAQMD
ScreeningTablesforAirToxicsEvaluation useatwo-yearconstructionperiodforscreening
purposes, theshortestperiodtheyrecommend withthehealthriskmodeling. Whileitisinappropriate
tousethistable toquantifyanapproximate riskforsuchadifferentprojectthanthoselisted, itis
reasonable toconcludethatemissions andtheresultanthealthrisksfromanexposureperiodofonlya
fewdayswouldbesubstantiallylessthanemissionsovera2yearperiod. Thehealthriskmodelsand
methodsarenotconsideredaccurateforsuchshortdurationsastheconstruction-periodofthis
Project.
Giventhedistancetosensitiveusesandthattheexposureduration wouldbeshorterthanthatableto
beaccuratelymodeledaswellassubstantiallyshorter thanprojectsinBAAQMD’sScreening Table,
itcanreasonablybeassumed thatthepotentialhealthriskfromconstruction-periodemissions would
belessthansignificant.
Additionally, asrecommended bytheBAAQMD, standardconstructionBestManagementPractices
wouldbeimplemented toreduceemissionsasoutlinedinmitigation measureAir-1. Thiswould
furtherreducedieselandparticulatematteremissions.
e) ObjectionableOdors. Operationofthebillboardwouldnotresultinobjectionable odors. During
construction, diesel-poweredvehiclesandequipmentwouldcreateodorsthatsomemayfind
objectionable. However, theseodorswould betemporary andnotlikelytobenoticeablemuchbeyond
theProject site’s boundaries. Therefore, thepotentialforobjectionableodorimpacts isconsidered
lessthansignificant.
11 ScreeningTablesforAirToxicsEvaluation DuringConstructionBAAQMD, May2010, , Version1.0.
Page 36 101 TerminalCourt Clear Channel Billboard Project
4. BIOLOGICALRESOURCES
Would theproject:
a) Have asubstantialadverse effect, eitherdirectlyorthroughhabitat
modifications, onanyspecies identifiedas acandidate, sensitive, orspecial
statusspeciesin localorregional plans, policies, or regulations, orbythe
CaliforniaDepartment of FishandGame orU.S. FishandWildlife Service?
b) Haveasubstantialadverse effect onanyriparianhabitat orothersensitive
naturalcommunity identifiedin localorregionalplans, policies, or
regulations, orbytheCaliforniaDepartment ofFish andGameorUSFish
andWildlife Service?
c) Haveasubstantial adverseeffect onfederallyprotected wetlands asdefined
bySection404oftheCleanWater Act (including, butnotlimited to, marsh,
vernal pool, coastal, etc.) throughdirectremoval, filling, hydrological
interruption, orother means?
d) Interferesubstantiallywiththemovement ofanynativeresidentor
migratory fishorwildlifespecies or withestablishednative resident or
migratorywildlife corridors, orimpede theuseof nativewildlife nursery
sites?
e) Conflict withanylocalpolicies orordinances protectingbiological
resources, suchasatree preservationpolicy orordinance?
f) Conflictwith theprovisionsofan adopted Habitat ConservationPlan,
Natural CommunityConservation Plan, or otherapprovedlocal, regional, or
statehabitat conservationplan?
a-c) SpecialStatusSpeciesandHabitatandWetlands. Abiologicalassessment wasconducted byH.T.
Harveyandassociates, asincludedinfullasAttachmentA. Thisincludedbothdaytimeandevening
sitevisitsonAugust27, 2012andanotherdaytimevisitonAugust31, 2012.
TheProjectsiteislocatedontheperimeterofalargecommercialparkinglot. Theprojectsiteis
pavedandcompletelydevoidofvegetationintheimmediatevicinityoftheproposedbillboard.
Achain-linkfenceseparatestheProjectsitefromanapproximately45-ftwidestripofruderal (i.e.,
disturbance-associated) vegetationthatoccupiestheareabetweentheProjectsiteandU.S. 101tothe
east. Dominantspeciespresent intheadjacentruderalhabitatincludecypress (Cupressus sp.), toyon
Heteromelesarbutifolia), andnon-native Frenchbroom (Cytisusmonspessulanus). Theruderal
habitatimmediatelyeastoftheProjectsite (approximately26fteastoftheproposedbillboardpole)
alsosupportsawetlandwithadense standofhorsetail (Equisetumsp.). Thiswetlandappearstobe
supportedbyrunofffromtheadjacentparkinglot, andmeetsthephysicalcriteriaandregulatory
definitionof “watersoftheUnitedStates”.
DirectEffects ofBillboard Installation
DuetothehighlydisturbednatureoftheProjectsiteandtheimmediatelysurroundingvicinity, itis
extremelyunlikelythatanyspecial-statusspecieswouldoccurintheProjectarea. Thevastmajority
ofplantandanimalspeciesoccurringhereareverycommonspeciesassociatedwithurban,
developed, andruderalconditionsthroughouttheSanFrancisco Bayarea. Therewasnoevidencethat
101 Terminal Court ClearChannel Billboard Project Page 37
sensitive specieswerepresentontheProjectsiteandnohabitatcapableofsupporting sensitive
speciesispresentwithinorimmediatelyadjacenttothesite.
Nowetlands, riparianhabitats, orothersensitivehabitatsarepresentwithintheimmediate Project
site. Thus, sinceconstruction doesnotextendintothehorsetail-linedwetlandtotheeast, nosensitive
habitatswouldbeimpactedbytheconstruction ofthebillboard. Further, nospecial-statusplantor
wildlifespecies areexpectedtooccurwithintheProject area. Theonlywildlifespeciesthatmaybe
usinghabitatsintheimmediate vicinityoftheProjectsiteduringconstructionarecommonbirdssuch
asthehousefinch (Carpodacusmexicanus), American robin (Turdusmigratorius), andnorthern
mockingbird (Mimuspolyglottos). Thesespeciesarelocallyandregionallyabundant, andProject
effectsonthesespecieswillnotbesignificantundertheCEQA.
Theimpactrelatedtodirecteffectsonspecial-statusspeciesandhabitatswouldbelessthan
significant.
IndirectEffectsofIlluminanceonOff-SiteAreas
Thepotentialforimpactsrelatedtoilluminanceofthebillboardonwildlifeinoff-siteareaswas
assessed. Someanimalsareextremelysensitivetolightqueues, whichinfluencetheirphysiologyand
shapetheirbehaviors, particularlyduringbreedingseason. Artificiallightingmayindirectlyimpact
mammalsandbirdsbyincreasing thenocturnal activityofpredators and/orcausing avoidanceof
well-litareasresultinginanetlossofhabitatavailabilityandquality.
TheProjectsiteiscompletelysurroundedbyurbanhabitatsthatdonotsupportsensitivespeciesthat
mightbesignificantlyimpactedbyilluminancefromtheproposedLEDbillboard. Similarly, thesmall
wetlandimmediatelyadjacenttotheProjectsiteisnotexpectedtosupportsensitivespecies. TheSan
FranciscoBaytotheeastprovidessuitablehabitatforavarietyofwildlife, including thefederallyand
statelistedCaliforniaclapperrail (Ralluslongirostrisobsoletus), andthefederallylistedmissionblue
butterfly (Ariciaicarioidesmissionensis) hasbeenobservedatSignHillParktothenorth ofthe
Projectsite. However, thesehabitatsarelocatedtoofarfromtheProjectsitetobeaffected by
illuminancefromtheproposed LEDbillboard. Similarly, ColmaCreektothenorthoftheProjectsite
andtheunnamedchanneltothesoutharelocatedtoofarfromtheProjectsitetobeaffectedby
illuminancefromtheproposed billboard. Theindirectimpactofilluminancefrom thebillboard on
sensitive habitatsandspeciesislessthansignificant.
d) WildlifeCorridors. Thephysicalstructureofthebillboarditselfwouldnotimpactthemovementof
anywildlifespecies. However, avianflight behaviorcouldbeimpactedbyartificialilluminance. The
primarywayinwhichtheluminanceofanLEDbillboardmightimpactthemovementsofbirdsinthe
Projectareaisthroughthedisorientationofnocturnallymigratingbirds. Suchbirdsmayaltertheir
orientation uponsightingthelightandbecomedrawntowardthebillboard, potentiallystriking
objectssuchasbuildings, adjacentpowerlines, oreventhebillboarditself.
Thevisibility oftheproposedLEDbillboard tobirdsinflight, andthustherisktheyposetoflying
birds, dependsprimarilyonthebeamangleofthebillboardsrelativetotheflightlinesofbirds andon
theluminance (brightness) ofthebillboardsasperceived bythebirds. ThedirectionalnatureofLED
lightingandtheprojectedviewing anglevalues of ± 30° verticallyand ± 60° horizontallysuggest that
theviewingangleofthebillboardswill benarrowenoughtoprecludeattractingmigratingbirdson
clear nights, whentheyflyhighenoughtobeoutsidetheviewingangleofthebillboard. Shaders
locatedaboveeachrowoflightswillpreventlightfromprojectingupwardintothesky. Asaresult,
birdsflyingmorethan30° abovethecenter ofthebillboard’sbeamanglewillnotbeaffectedbylight
fromthebillboard. However, migratingbirdsareforcedtoflylowduringfoggy andrainyconditions,
whichmaybringthemintotheviewingangleofthebillboard.
TheLEDdisplayonthebillboardfacecanbechanged every8secondsfromastaticimagetoastatic
image, resultinginachanginglightsource. Colorsandpatternsofcoloronthebillboardwouldthus
Page 38 101 TerminalCourt Clear Channel Billboard Project
bechanging, and birdsflyingnearthebillboardwouldnotperceiveitasafixed, unchanginglight, the
typeoflightthatappearstobemostattractivetobirds.
Itispossiblethatsomebirdsthatfindthemselves nearthecenterofthebeamanglemaybeattracted
tothebillboard. However, thisisnotexpectedtoresultinlong-termconsequences, suchasincreased
bird-strikemortalitiesorsubstantial interferencewithbirdmovements becausethebillboardwillbe
focusedonthehighway, notonairspaceabovethehighway. Thus, arelativelylimitedareaatlow
altitudeaboveU.S. 101willbewithinthecenterofthebillboard’sbeamangle.
Becausetheareasurroundingthebillboardisheavilyurbanizedandcontainsnohabitatsofvalueto
estuarinebirdsusingtheSanFrancisco Bayhabitatstotheeast, wedonotexpect largenumbersof
birds (especiallyspeciesofconservationconcern) tobeflyinginanorth-southdirection, andatlow
altitudesthatwouldbewithinthebeam, close enoughtothebillboard fordisorientationtooccurat
all. Therefore, itisnotexpectedthatbirdsmovingthroughoraroundtheProjectareatobeattracted
tothebillboardforsuchalongdurationthatbird-strikemortalityoccursorsubstantial interference
withbirdmovementsoccurs.
Giventheconfigurationofbirdhabitatsinthevicinityofthesite (whichdoesnotlenditselfto
directedbirdflightstowardthebillboard), thechanging imagesthatwillbedisplayedontheLED
billboard, thenarrowviewingangle, andtheuseofshaders topreventlightfromprojectingupward
intothesky, theProject’simpactsonavianflightbehaviorwouldbelessthansignificant.
d) LocalPoliciesandOrdinances. Therearenolocalpoliciesorordinances directlyapplicabletothis
Project. ThelandscapingontheadjacentCaltranssetback ismaintainedbyCaltranswithbillboard
visibilitytakenintoconsiderationandwouldcontinuetooperatethatway. Notreeremovalis
proposed withthisProject. Therefore, theProjectwouldhavenoimpact regardingconflictswith
localpolicies andordinances, includingtreepreservation.
e) HabitatConservationPlan. Thereisno HabitatConservationPlanapplicabletotheProject site.
Therefore, theProjectwouldhavenoimpact inthisregard.
101 Terminal Court ClearChannel Billboard Project Page 39
5. CULTURALRESOURCES
Would theproject:
a) Causeasubstantial adversechangein thesignificance ofahistorical resource
asdefined inPublic ResourcesSection 15064.5?
b) Causeasubstantial adverse changeinthesignificanceofanarchaeological
resourcepursuanttoPublicResources Section 15064.5?
c) Directly orindirectly destroy auniquepaleontological resourceorsiteor
uniquegeologicfeature?
d) Disturb anyhumanremains, including thoseinterred outside offormal
cemeteries?
a–d) Historic, ArchaeologicalandPaleontological ResourcesandHumanRemains. TheProjectsiteis
previouslydisturbedandtherearenoknownresourcesatthesite. Arecordssearchperformed bythe
NorthwestInformationCenter (includedasAttachment D) resultedinthefollowing considerations:
Basedonanevaluationoftheenvironmentalsettingandfeaturesassociatedwithknownsites, Native
AmericanresourcesinthispartofSanMateoCountyhavebeenfoundincloseproximitytosources
ofwater (includingperennialandintermittentstreamsandsprings), nearthebaymargin andits
associatedwetlands, andnearecotones andotherproductiveenvironments. TheproposedProjectarea
islocatedwithinthelower reachesoftheColmaCreekbasin. Basedon19thcenturymaps, the
Projectareawasdominated byestuariesthathavesincebeencoveredinartificialfill. Giventhe
correlationoftheseenvironmentalfactors, coupledwiththeregionalarchaeologicalsensitivity, there
isamoderatepotentialofunrecordedNative Americanresources (especiallyburieddepositswithno
surfaceindications) withintheproposedProjectarea. Ifpresent, thesewouldbelocatedbelow any
artificialfillatthesurface, butpotentiallywithinthe35footdepthoftheproposeddisturbance. There
isalowpotentialofidentifyingothertypesofunrecordedculturalresources.
MitigationMeasure
Cultural-1: CulturalMonitoringandMitigationPlan. TheProject applicantshallfundpreparationand
implementationofaculturalmonitoring andmitigationplanbyaqualified archaeologistto
addressthepotentialforpresenceanddisturbanceofNativeAmericanarchaeological
resourcesorremainsduringexcavationofthebillboardpolefooting. Thiswillincludeata
minimummonitoring duringexcavation ofthebillboardpolefootingandmayalsoinclude
butisnotlimitedtoadditionalarchivalresearch, handaugersampling, shoveltestunits,
geoarchaeologicalanalysis, orothercommonmethodsusedtoidentifythepresenceof
archaeologicalresourcestobedeterminedpertherecommendationofthequalified
archaeologist. Thearchaeologistandconstruction contractorsshallfollowtheappropriate
proceduresshouldanyculturalresources orhumanremainsbediscovered duringground
disturbance.
Preparationandimplementationofaculturalmonitoringandmitigationplanwouldassurethat
discoveryofanyculturalresourceswouldbeidentifiedandtreatedappropriatelyandthereforethat
anyimpactinthisregardwouldbelessthansignificant.
Page 40 101 TerminalCourt Clear Channel Billboard Project
6. GEOLOGYANDSOILS
Would theproject:
a) Exposepeople orstructures topotentialsubstantial adverseeffects, including
theriskofloss, injury, or deathinvolving:
i) Rupture ofa knownearthquake fault, asdelineated on themostrecent
Alquist-Priolo EarthquakeFaultZoning Mapissuedby theState
Geologistfortheareaorbased onother substantialevidence ofaknown
fault? (RefertoDivision ofMines andGeology SpecialPublication42)
ii) Strong seismicground shaking?
iii) Seismic-relatedground failure, including liquefaction?
iv) Landslides?
b) Result insubstantial soilerosionortheloss oftopsoil?
c) Belocated on ageologic unitorsoilthatis unstable, orthatwouldbecome
unstableas a resultofthe project, andpotentiallyresultin on- or off-site
landslide, lateralspreading, subsidence, liquefaction orcollapse?
d) Be locatedonexpansivesoil, as definedin Table18-1-Bof theUniform
Building Code (1994), creatingsubstantialrisks tolifeorproperty?
e) Havesoilsincapable ofadequatelysupportingtheuseof septic tanks or
alternative wastewater disposal systems wheresewersarenotavailablefor
thedisposalof wastewater?
a, d) SeismicHazards. TheSanFranciscoBayAreaisaseismicallyactive regionandthestructureis
likelytoencounterstrongseismicground shakingduringitslifetime. Additionally, theProject
locationisinthelowlandzoneofSouthSanFrancisco, whichcanbeunderlainbyBayMudand
associatedwithshrink-swell, settlement, corrosivity andliquefaction.12 Thebillboardrequires
buildingpermitsandwouldbeconstructedtothecurrentbuildingcodestandards. Thesestandards
includeconsiderationofgeologicandseismicconditions. Soilconditionsatthebillboardsitewould
beidentifiedandconsidered aspartofthedesignprocess.
13TherearenoactiveearthquakefaultsknowntopassthroughthevicinityoftheProject. Therewould
benoimpactrelatedtoruptureofaknownearthquake fault.
TheProjectsiteisinanareaofrelativelyflattopographyandthepossibilityoflandslidesis
14 Therewouldbenoimpactrelatedtolandslides. considered unlikely.
Therefore, theimpactrelatedtoseismichazards wouldbelessthansignificant.
12 SouthSanFranciscoGeneral PlanCityofSouthSanFrancisco, preparedbyDyettandBhatia, , 1999, pp. 246to250.
13StateofCaliforniaDepartmentofConservation, StateofCalifornia SpecialStudiesZones (Delineatedincompliancewith
Alquist-PrioloSpecialStudiesZonesAct), SanFrancisco South, January1, 1982.
14 SouthSanFranciscoGeneral PlanCityofSouthSanFrancisco, preparedbyDyettandBhatia, , 1999, p.250.
101 Terminal Court ClearChannel Billboard Project Page 41
b) SoilErosion. TheProjectwouldnotinvolvesignificantgrading. TheProjectapplicantmustobtain
coverageundertheGeneralConstructionActivityStormWaterPermit (GeneralConstruction Permit)
issuedbytheStateWater ResourcesControlBoard (SWRCB), whichwilladdressanyerosion
potentialfromgrounddisturbance. Withcompliancewithapplicable regulations, theimpactrelatedto
soilerosionwouldbelessthansignificant.
c, d) UnstableorExpansiveSoil. ConstructionoftheProjectmayrequiretemporarygroundwater
pumping asgroundwatermaybeencounteredduringthedrillingofthefoundationhole. Thehole
wouldbedrilledandthefollowing day, thepolestructurewouldbeinstalledandconcretepouredto
fillthehole. Asaresultcontinuous groundwater pumpingwouldnotberequiredorcausesubsidence
tooccur. Therearenootherknownconditions thatcouldcreatesubstantialrisksrelatedtoexpansive
orunstable soils. Theimpactrelatedtounstable andexpansivesoilwouldbelessthansignificant.
e) SepticTanks. TheProjectwouldnotincludetheuseofseptictanksandassociateddisposalfacilities.
Therefore, theProjectwouldhavenoimpactinthisregard.
Page 42 101 TerminalCourt Clear Channel Billboard Project
7. GREENHOUSE GASEMISSIONS
Would theproject
a) Generate greenhouse gasemissions, either directlyorindirectly, that may
haveasignificantimpact ontheenvironment?
b) Conflict withan applicable plan, policy orregulation adoptedfor thepurpose
ofreducing theemissionsofgreenhouse gases?
a)GreenhouseGasEmissions. BAAQMD hasdeterminedthatgreenhousegas (GHG) emissionsand
globalclimatechangerepresentcumulativeimpacts. BAAQMDdoesnothave anadopted threshold
ofsignificance forconstruction-relatedGHGemissions. Theoperationalthreshold of1,100metric
tonscarbondioxideequivalent (COe) peryearwasusedforbothconstruction-periodandoperational2
periodforaconservativeanalysis.
perBAAQMD’s GHGEmissionsModelincludesaGHGemission factorof804.54lbsofCO2
megawatt-hourofelectricityusage. (OtherGHGswouldhaveanegligible contributiontooverall
GHGlevelsfromenergyusage, sowerenotcalculatedhere.) In2010, ClearChannelbillboards’
averageannualusagefordouble-sidedLEDbillboardsofthesame sizeasthecurrentproposalwas
86,400kwh. Thisresultsinemissionsof31.53metrictonsCOperyearfora14’ by48’ LED2
billboard. Thisiswellbelowthethresholdlevelof1,100metrictons.
BAAQMDdoesnotsuggestathresholdforassessment ofconstruction-periodGHGemissions
impactsorprovideascreeninglevelatwhichtocompare projects. However, withaconstruction
periodofonlyafewdays, construction-periodGHGemissions wouldbeminimalandwouldadda
negligibleamounttothelifetimeoperational GHGemissionsdiscussedabove.
Therefore, theProjectimpactrelatedtoGHGemissionswouldbelessthansignificant.
b) Greenhouse GasReductionPlans. TheProjectisnotlocatedinacommunity withanadopted
qualifiedGHGReduction Strategy, soconsistencywithsuchaplancannotbeanalyzed. GHG
emissionsassociatedwiththedevelopmentoftheproposedProjectwereanalyzed pertheBAAQMD
May2011CEQAAirQualityGuidelines. BAAQMD’sthresholdsandmethodologiestakeinto
accountimplementationofstate-wideregulationsandplans, suchastheAB32ScopingPlanand
adoptedstateregulationssuchasPavleyandthelowcarbonfuelstandard. Therefore, therewouldbe
noimpactinrelationtoconsistencywithGHGreductionplans.
101 Terminal Court ClearChannel Billboard Project Page 43
8. HAZARDS ANDHAZARDOUSMATERIALS
Would theproject
a) Createa significanthazard tothe publicorthe environment throughthe
routine transport, use, ordisposal ofhazardous materials?
b) Createasignificant hazard tothepublic ortheenvironment through
reasonablyforeseeableupset andaccident conditionsinvolvingtherelease
ofhazardous materials intothe environment?
c) Emithazardousemissions orhandle hazardous oracutely hazardous
materials, substances, orwastewithinone-quartermileof anexisting or
proposedschool?
d) Be located ona sitewhich isincluded on a listofhazardous materials sites
compiled pursuant toGovernment Code Section65962.5and, asaresult,
wouldit create asignificanthazard tothe public orthe environment?
e) Foraprojectlocated withinanairportlanduseplanor, where suchaplan
hasnot been adopted, withintwomilesofapublic airportorpublic use
airport, would theproject result inasafetyhazardfor people residingor
workingintheproject area?
f) Foraproject withinthevicinityofaprivateairstrip, wouldtheproject result
ina safetyhazard forpeople residingor working in theprojectarea?
g) Impair implementation of orphysicallyinterfere withanadoptedemergency
responseplanoremergency evacuation plan?
h) Expose peopleorstructurestoasignificant riskofloss, injuryordeath
involving wildlandfires, including wherewildlandsareadjacent to
urbanized areasorwhereresidencesareintermixed with wildlands?
a, b, d) HazardousMaterials. Digitalbillboards aredesigned towithstandwindforcesasrequiredbystate
law, andaresubjecttobuildingpermitrequirements thatensurecompliance withapplicablebuilding
andelectrical codes. Soilconditionsareidentifiedandconsideredinthedesignofsuchstructures. No
hazardousmaterialsareemittedduringoperationofthebillboard.
Projectoperationsarenotexpectedtocreateasignificanthazardthroughtheroutinetransport, useor
disposalofhazardousmaterials. Itisassumedthatanymaterialsusedduringconstruction activitiesor
formaintenanceofthebillboardthatwouldbeconsideredhazardous wouldbeutilizedincompliance
withapplicableregulations. Itisalsonotedthatstateandfederallawsrequireproperhandling, use
anddisposalofhazardousmaterials. Thesesamelawsandregulations requiretheprevention and
reduction ofinjurytopeopleandtheenvironmentintheeventofanaccidentalrelease. Consequently,
therearenoreasonablyforeseeableoperational upsetoraccidental conditionsthatwouldinvolvea
significantreleaseofhazardous materialsintotheenvironment.
Duringtheinstallationprocessofthebillboard, holeswouldbedrilledandtheexcavatedsoilwould
betransportedoffsite. TheProjectwillalsoincludetrenchingtoconnecttoelectrical supply. Priorto
construction activities, thesitewillbeassessed forthepresenceofhazardousmaterials, which, if
present, would behandledappropriately, asperthefollowingmitigation:
Page 44 101 TerminalCourt Clear Channel Billboard Project
MitigationMeasures
Haz-1: PhaseIand/orPhaseIIReports. Priortoissuanceofconstructionpermits, theCity
ofSouthSanFranciscoshallrequire theProjectapplicanttosubmitaPhaseI
environmentalsiteassessment report, andaPhaseIIreportifwarrantedbythePhase
IreportfortheProjectsite. Thereportsshallmakerecommendationsforremedial
actioninaccordancewithStateandFederallaws, ifappropriate, andshouldbesigned
byaRegisteredEnvironmental Assessor, ProfessionalGeologist, orProfessional
Engineer. TheApplicantshallcomplywiththeserecommendations.
Haz-2: E-WasteDisposal. Electronic components ofthebillboardmaycontainmaterials
considered “e-waste” whendisposedofduetopotentiallyhazardous metals, flame
retardants, andotherchemicals. Theoperatorshallberequired tofollowapplicable
regulations regardingproperdisposaland/orrecycling, asappropriate, ascomponents
arereplacedorremovedovertime.
Withimplementation ofMitigation MeasuresHaz-1andHaz-2, theimpactrelatingtothepossible
presence ofhazardousmaterialsatthissitewouldbelessthansignificant.
c) Hazardous MaterialsNearSchools. Noschool islocatedwithinone-quartermileoftheProjectsite.
Nohazardousmaterialswiththepotentialforreleaseduringoperationwouldbehandledonor
emittedfrom thesite. TheProjectwouldrepresentnoimpactrelativetothepotentialexposure of
studentsatnearbyschoolstohazardousmaterialsattheProjectsite.
e, f) Airport Hazards. TheclosestairportistheSanFranciscoAirport locatedapproximately1mile
southeastfromtheProjectsite. ThisiswithinthejurisdictionoftheAirport LandUsePlanforthe
SanFranciscoInternationalAirport, thoughthesiteisnotdirectlywithintheapproachpathway.
FederalAviationRegulations, Part77, limitsstructureheightsto anelevation of161feetabovemean
sealevelinthemostrestrictedareas, increasingataslope of20:1toaheightof361feetabovemean
15sealevel. Theproposedbillboardwouldriseamaximum of70feetaboveasiteapproximately11
feetabovemeansealevel. Thebillboardheightwouldbebelowapplicableheightrestrictions.
Additionally, thebillboardwouldnotbeconsideredahazardtoairnavigationasitwouldnotgenerate
smokeorrisingcolumnsofair, wouldnotattractlargeconcentrations ofbirds, wouldnotgenerate
electrical interferencethatwouldinterferewithaircraftcommunications oraircraftinstrumentation,
16wouldnotreflectsunlight, andwouldnotdirectsteadyorflashinglightstowardaircraft.
Therearenootherairports, eitherpublicorprivate, withinthevicinityoftheProject. Therewouldbe
alessthansignificantimpactrelatedtoairporthazards.
g) Emergency ResponsePlan. TheProjectwouldnotaltertrafficpatternsandwouldnotimpair
implementationofanyadoptedemergency responseplanoremergency evacuationplan. Therefore,
theProjectwouldhavenoimpact inthisregard.
h) WildlandFire. TheProjectsiteislocated inanurbanizedarearemovedfromareastypicallysubjectto
wildlandfire. Therefore, theProjectwouldhavenoimpactrelatedtowildlandfire.
15 SanMateoCountyComprehensiveAirportCity/CountyAssociation ofGovernmentsofSanMateoCounty, December1996,
LandUsePlanMapSFO-4.
16Ibid, p.V.-19.
101 Terminal Court ClearChannel Billboard Project Page 45
9 HYDROLOGYANDWATERQUALITY
Would theproject:
a) Resultin asignificant increaseinpollutant discharges toreceiving waters
marine, fresh, and/orwetlands) duringorfollowing construction
consideringwaterqualityparameters suchastemperature, dissolved
oxygen, turbidity, andtypicalstormwater pollutants, e.g., heavymetals,
pathogens, petroleum derivatives, syntheticorganics, sediment, nutrients,
oxygen-demanding substances, andtrash?
b) Substantially deplete groundwatersuppliesorinterfere substantially with
groundwaterrecharge suchthattherewouldbe anetdeficit inaquifer
volume ora loweringofthelocal groundwater tablelevel (e.g., the produc-
tionrateof pre-existing nearbywellswould droptoalevelwhichwould not
supportexistinglandusesorplannedusesfor whichpermitshavebeen
granted)?
c) Substantiallyaltertheexistingdrainagepattern ofthesiteorarea, including
through thealteration ofthecourse ofastreamorriver, inamanner which
wouldresultinsubstantial erosion orsiltation on- oroff-site?
d) Substantially increase therateoramountofsurface runoff (e.g., duetodue
toincreased impervious surfaces) ina mannerwhichwould result in
floodingon- oroff-site (i.e. withinawatershed)?
e) Create orcontributerunoffwaterwhich wouldexceedthe capacityof
existingorplanned stormwater drainage systemsduetochanges in runoff
flowrates or volumes?
f) Resultinan increaseinanypollutantfor which a waterbodyislisted as
impairedunderSection303(d) oftheCleanWaterAct?
g) Placehousingwithina100-yearflood hazardarea as mappedonafederal
FloodHazard Boundaryor FloodInsurance RateMaporother flood hazard
delineation map?
h) Placewithina100-yearfloodhazardareastructures, whichwouldimpedeor
redirect floodflows?
i) Exposepeople orstructures to asignificantriskofloss, injuryor death
involving flooding, includingflooding asaresult ofthefailure of aleveeor
dam?
j) Inundationbyseiche, tsunami, ormudflow?
a, f) WaterQualityandPollutants. Operation oftheProjectdoesnotinvolvetheuseofwateror
generation ofwastewater. Construction activities, suchasdrillingaholeforthefoundationand
pouringconcrete, havethepotentialtoimpactwaterquality. Theseactivitieshavethepotentialto
increasesedimentloadsinrunoffthatwouldenterthecombinedsewersystem. Fuel, oil, grease,
solvents, andotherchemicalsusedinconstructionactivitieshavethepotentialtocreatetoxicity
problemsifallowedtoenterawaterway. Constructionactivitiesarealsoasourceofvariousother
materialsincluding trash, soap, andsanitarywastes.
Page 46 101 TerminalCourt Clear Channel Billboard Project
ConstructionactivitiesattheProjectsitewouldbelimitedtoafewdaysforinstallation. Potential
impactswouldbeminimal, andcompliancewithCityandStateregulationswouldreduceany
potentialimpactstosurfacewateranddrainagetoalessthansignificant level.
b) TheproposedProject isnotexpectedtoinvolvesubstantialexcavationthatwouldimpact
groundwater. TheProjectinvolvesdrillingholesapproximately5feetindiameterwithadepthof
approximately 32feet, whichcouldresultingroundwaterbeingencountered. Intheeventthat
groundwaterisencounteredanddewateringactivitiesarerequired, itwouldbeshort-termaseachsite
installationisexpectedtotakeonlyafewdaystocompleteandtheholewouldbefilledwithconcrete
resultinginminimaleffectstogroundwater. Anydewateringactivitiesassociatedwiththeproposed
ProjectmustcomplywiththeGeneralConstructionPermitandrequirementsestablished bytheSan
FranciscoBayRegionalWaterQualityControlBoardtoensure thatsuchactivitieswouldnotresultin
substantialchangesingroundwaterfloworquality.
Followingconstruction, theProjectwouldnotsubstantially changeimpervioussurfaceareaand
wouldnothaveasubstantial impactongroundwaterrecharge.
Therefore, theproposedProjectwouldhave alessthansignificantimpactongroundwater.
c-e, g-i) Runoff, DrainageandFlooding. TheProjectwouldnotrequireserviceforwater. Existing
drainageateachsitewouldbemaintained, andnoincreases instormwaterwouldresult. TheProject
17isnotlocatedina100yearfloodzoneanddoesnotconsistofhousingorpresentariskforflooding
orredirectionoffloodflows. Therefore, therewould benoimpactsrelatedtorunoff, drainageor
flooding.
j) Inundation. TheproposedProjectislocatedover4,000feetfromtheSanFranciscoBay, andover6
milesfromthePacificOcean. Projectsiteelevationsare between10and11feetabovemeansea
level. Waverunupfromatsunami isestimatedat6feetabovemeansealevelfora500-year
tsunami.18 Climatechangeinducedsealevelriseis estimated atupto17inchesby2050and69
19inchesby2100. Therefore, thesiteisnotindangerofinundationfromatsunamiorclimatechange
inducedsealevelrise. Further, thesiteisnotlocated nearaninlandbodyofwater, norisitlocated
adjacenttoasoilslopesusceptible torapidmasswastingormudflows. Therefore, therewouldbea
lessthansignificantimpactduetoinundation byseiche, tsunami, mudfloworsealevelrise.
17 SouthSanFranciscoGeneral PlanCityofSouthSanFranciscopreparedbyDyett & Bhatia, October199, , Figure8-3.
18 SouthSanFranciscoGeneralPlan: HealthandSafetyElementCityofSouthSanFrancisco, preparedbyDyettandBhatia, ,
1999, p. 250.
19 SanFranciscoBayPlanBayConservationandDevelopmentCommission, adoptedOct6, 2011, .
101 Terminal Court ClearChannel Billboard Project Page 47
10. LANDUSEANDPLANNING
Would theproject:
a) Physicallydivideanestablishedcommunity?
b) Conflictwithanyapplicable landuseplan, policy, or regulationofan
agencywithjurisdictionovertheproject (including, butnotlimitedtothe
general plan, specific plan, localcoastalprogram, orzoning ordinance)
adoptedforthepurposeofavoiding ormitigating anenvironmental effect?
c) Conflictwithanyapplicable habitatconservation plan ornaturalcommunity
conservationplan?
a) PhysicalDivisionofaCommunity. TheProjectsiteisattheboundary ofcurrentlydeveloped parcels
andhighways. Thebillboardwouldnotinvolveanyphysicalchangesthatwouldhavethepotentialto
dividetheestablishedcommunity. Thus, theProjectwould havenoimpactconcerningcommunity
division.
b) ConflictwithLandUsePlan. Digitalbillboardsarenotcurrentlyallowed underSouthSanFrancisco
ZoningCode. AmendmentoftheZoningCodeasproposedwiththisProjectcouldallowalimited
numberofdigitalbillboards (uptothreetotal) ifapprovedinconjunction withRelocation
Agreements. TheProjectwillcomplywithOutdoorAdvertisingAssociationofAmericaguidelinesto
minimize light (seetheAestheticssectionforadditionaldetail) andapplicablehighwaysafety
regulations (seetheTransportationsectionforadditionaldetail) tominimizehazards. Therefore,
assumingapprovaloftheZoningCodeamendments, theProjectwouldhavealessthansignificant
impactwith regardtolanduseplanconflicts.
c) ConflictwithConservationPlan. TheProjectsiteisnotsubjecttoaconservationplan. Itis
surrounded byurbandevelopmentandhasbeendesignatedforsuchlanduseforaconsiderableperiod
oftime. TheProjectwould, therefore, havenoimpactinrelationtothisitem.
Page 48 101 TerminalCourt Clear Channel Billboard Project
11. MINERALRESOURCES
Would theproject:
a) Resultin theloss ofavailabilityofaknownmineral resource thatwould
beofvalue to the region and theresidents ofthe state?
b) Resultinthelossofavailabilityofalocally-important mineralresource
recovery sitedelineated ona localgeneral plan, specific plan orotherland
use plan?
a, b) MineralResources. Thesitecontainsnoknown mineralresources andhasnotbeendelineatedasa
20locallyimportantmineralrecoverysiteonanylanduseplan. TheProjectwouldhavenoimpact with
regardtomineralresources.
20U.S. GeologicalSurvey, 2005, MineralResourcesDataSystem: U.S. Geological Survey, Reston, Virginia. Availablethrough:
http://tin.er.usgs.gov/mrds/
101 Terminal Court ClearChannel Billboard Project Page 49
12. NOISE
Wouldtheproject result in:
a) Exposureofpersonstoorgeneration ofnoise levelsin excess ofstandards
established inthelocalgeneral planor noiseordinance, orapplicable
standards ofotheragencies?
b) Exposure of persons toorgeneration of excessive groundborne vibration
orgroundbornenoiselevels?
c) Asubstantial permanentincrease inambientnoiselevels intheproject
vicinity above levels existing withoutthe project?
d) Asubstantial temporary orperiodicincreaseinambient noise levelsinthe
project vicinity abovelevels existing withouttheproject?
e) Foraproject locatedwithinanairport landuseplanor, wheresucha plan
hasnotbeenadopted, within twomiles of apublicairport orpublicuse
airport, exposureofpeople residing orworking intheprojectareato
excessivenoiselevels?
f) Foraproject in thevicinity of aprivateairstrip, exposureof people
residingor workingintheprojectarea toexcessive noiselevels?
a-d) Excessive NoiseorVibration. Noiseimpactsresultingfromconstruction dependonthenoise
generatedbyvariouspiecesofconstruction equipment, thetiminganddurationofnoisegenerating
activities, andthedistancebetweenconstruction noisesourcesandnoisesensitivereceptors.
Constructionnoiseimpactsprimarilyoccurwhen constructionactivitiesoccurduringnoise-sensitive
timesoftheday (earlymorning, evening, ornighttime hours), theconstructionoccursinareas
immediatelyadjoiningnoisesensitivelanduses, orwhenconstructiondurationslastoverextended
periodsoftime (typicallygreaterthanoneyear).
Significant noiseimpactsdonotnormallyoccurwhenstandardconstructionnoisecontrolmeasures
areenforcedattheProjectsiteandwhenthedurationof thenoisegeneratingconstruction period ata
particularreceiverorgroupofreceivers islimitedtooneconstruction seasonorless. Inthiscase, the
constructionperiodwouldspanonlyafewdays. Reasonableregulationofthehoursofconstruction,
aswellasregulationofthearrivalandoperationofheavyequipmentandthedeliveryofconstruction
material, arenecessarytoprotectthehealthandsafetyofpersons, promotethegeneralwelfareofthe
community, andmaintainthequalityoflife.
TheSouthSanFrancisco NoiseOrdinance (Chapter8.32oftheMunicipal Code, Section8.32.050)
restrictsconstruction activitiestothehoursof8:00a.m. to8:00p.m. onweekdays, 9:00a.m. to8:00
p.m. onSaturdays, and10:00a.m. to6:00p.m. onSundaysandholidays. Thisordinancealsolimits
noisegenerationofanyindividualpieceofequipmentto90dBAat25feetoratthepropertyline.
ConstructionactivitieswillcomplywiththeNoiseOrdinance.
Operationofadigitalbillboarddoesnotproducesubstantiallevelsofvibrationornoise.
Impactsfromnoiseandvibrationgeneratedbytheconstructionandoperationofthebillboardareless
thansignificant.
e-f) AirportNoise. Abillboardisnotanoisesensitiveuse. Therefore, theProjectwouldresultinno
impactunder thiscriterion.
Page 50 101 TerminalCourt Clear Channel Billboard Project
13. POPULATION ANDHOUSING
Would theproject:
a) Inducesubstantial population growth inan area, either directly (for
example, by proposingnewhomes andbusinesses) or indirectly (forexample,
throughextension of roads orotherinfrastructure)?
b) Displacesubstantial numbersofexisting housing, necessitatingthe
construction ofreplacementhousingelsewhere?
c) Displace substantialnumbers ofpeople, necessitatingtheconstruction of
replacementhousingelsewhere?
a-c) SubstantialPopulationGrowth. TheproposedProjectwouldnotinducepopulationgrowthandwould
displaceneitherexistinghousingnorpeople. Therefore, therewouldbenoimpact inthisregard.
101 Terminal Court ClearChannel Billboard Project Page 51
14. PUBLIC SERVICES
Wouldtheproject result insubstantialadversephysicalimpacts associatedwith
theprovisionofnew orphysicallyaltered governmental facilities, needfornew
orphysically alteredgovernmental facilities, theconstruction ofwhichcould
causesignificant environmental impacts, inordertomaintainacceptable service
ratios, response timesorotherperformance objectives forany ofthefollowing
public services?
a)Fireprotection.
b)Policeprotection.
c)Schools.
d)Parks.
e)Otherpublicfacilities.
a-e) PublicServices. TheproposedProjectwouldnotincreasethedemandforpublicservices. Therefore,
therewouldbenoimpact inthisregard.
Page 52 101 TerminalCourt Clear Channel Billboard Project
15. RECREATION
Would theproject:
a) Increasethe useofexisting neighborhood andregional parks orother
recreationalfacilitiessuchthatsubstantial physical deterioration ofthe
facility wouldoccurorbeaccelerated.
b) Includerecreational facilitiesorrequire theconstruction or expansionof
recreational facilities whichmighthave anadverse physicaleffect onthe
environment.
a-b) Recreation. TheproposedProjectwouldnotconstructorincreasetheuseofrecreationalfacilities.
Therefore, therewouldbenoimpactinthisregard.
101 Terminal Court ClearChannel Billboard Project Page 53
16. TRANSPORTATION
Would theproject:
a) Conflict withanapplicable plan, ordinance orpolicyestablishingmeasures
ofeffectiveness for theperformanceofthecirculation system, taking into
account allmodes oftransportation including masstransit andnon-
motorizedtravelandrelevantcomponents ofthecirculationsystem,
includingbut notlimited tointersections, streets, highwaysandfreeways,
pedestrianand bicycle paths, andmasstransit?
b)Conflictwithanapplicablecongestionmanagement program, including, but
notlimitedto levelof servicestandards and travel demand measures, or
otherstandardsestablished bythecounty congestion managementagency
fordesignated roadsorhighways?
c) Result inachangeinairtraffic patterns, including eitheranincrease in
trafficlevelsora changeinlocationthatresultsinsubstantialsafetyrisks?
d) Substantially increasehazards dueto adesign feature (e.g., sharp curves or
dangerous intersections) orincompatibleuses (e.g., farmequipment)?
e) Result ininadequate emergencyaccess?
f) Conflict with adoptedpolicies, plans, or programsregarding public transit,
bicycle, or pedestrianfacilities, orotherwise decrease theperformanceor
safetyofsuch facilities?
a-c, f) VehicleandAirTrafficandAlternativeTransportation. Theoperationofdigitalbillboardswould
notresultinanyincreaseinvehicletripsorchangesinairtrafficpatternsoralternativetransportation.
Trafficgeneratedforconstructionwouldbeminimalinbothlevelandduration. Therewouldbeno
impact inthisregard.
d) Hazards. TheProjectproposestoconstructandoperateonedouble-sideddigitalbillboardandamend
theZoningCodetoalsoallowuptotwoadditionaldigitalbillboards alongU.S. 101withintheCity
limits, ifapprovedinconjunction withRelocationAgreements. Thebillboardswouldbevisiblefrom
theroadway.
DigitalbillboardsemployLEDtechnologyandallowforperiodicchangesindisplay. Thecapability
ofdigitalbillboards topresentchangingimages hasraisedconcernsregardingtheeffectofsuch
signageontrafficsafety. Theprimaryconcernhasbeeneffectsondriverattention, butconcernshave
alsobeenraised regardingthepotentialforsuchsignagetoproducelightofsuchintensityordirection
thatitcouldinterferewithdrivervision.
FHWAhasaddressedsignageissuesin general, anddigitalsignsinparticular. Aspartofits
agreementwithvariousstatespursuanttotheHighwayBeautificationAct, forexample, FHWAhas
confirmedthatnosignisallowedthatimitatesorresemblesanyofficialtrafficsign, andthatsigns
maynotbeinstalledinsuchamanner astoobstruct, orotherwisephysicallyinterferewithanofficial
trafficsign, signal, ordevice, ortoobstructorphysicallyinterferewiththevisionofdriversin
approaching, mergingorintersectingtraffic. TheseprovisionsmaybeenforcedbytheFHWA, butthe
agreementwiththeState ofCalifornia alsorequiresCaltranstoenforcetheseprovisions.
Page 54 101 TerminalCourt Clear Channel Billboard Project
TheFHWAagreement withCaliforniaincludesspecificprovisionsregarding thebrightness of
signage:
Signsshallnotbeplacedwithilluminationthatinterfereswiththeeffectiveness of, orobscuresany
officialtrafficsign, deviceorsignal; shallnotincludeorbeilluminatedbyflashing, intermittentor
movinglights (exceptthatpartnecessarytogivepublicserviceinformationsuchastime, date,
temperature, weatherorsimilarinformation); shallnotcausebeamsorraysoflighttobedirectedat
thetraveledwayifsuchlightisofsuchintensityorbrillianceastocauseglareorimpairthevisionof
anydriver, ortointerferewithanydriver’soperationofamotorvehicle. (AgreementdatedFebruary
15, 1968)
TheFHWAhasrespondedtothedevelopment ofsignsthatpresentchangingmessages, either
mechanicallyordigitally, withaninterpretationofitsagreements withthestatespursuanttothe
HighwayBeautificationAct. TheFHWAdiscussed “changeablemessage signs” inaMemorandum
datedJuly17, 1996, concludingthatastatecouldreasonablyinterprettheprovisions ofitsagreement
withtheFHWA “…toallowchangeablemessagesigns… Thefrequencyofmessagechangeand
limitationinspacingforthesesignsshouldbedeterminedbytheState.”
OnSeptember25, 2007theFHWAagainissuedaMemorandumonthesubjectofoff-premises
changeableelectronicvariablemessagesigns, orCEVMS. TheMemorandum statedthatproposed
laws, regulations andproceduresthatallowedCEVMSsubjecttoacceptablecriteriawouldnotviolate
theprohibitionon “intermittent” or “flashing” or “moving” signsasusedinthestateagreements. The
Memorandumidentified “rangesofacceptability” relatingtosuchsignage, asfollows:
Durationofmessage: Durationofdisplayisgenerallybetween4and10seconds; 8secondsis
recommended;
Transitiontime: Transitionbetweenmessagesis generallybetween1and4seconds; 1to2
secondsis recommended;
Brightness: Thesignbrightnessshouldbeadjustedtorespondtochangesinlightlevels;
Spacing: Spacingbetweenthesigns shouldbenotlessthantheminimum specifiedforother
billboards, orgreaterifdeemedrequiredforsafety;
Locations: Locationcriteriaarethesameasforothersignage, unlessitisdeterminedthatspecific
locations areinappropriate.
TheProject asproposedwillcomplywiththesecriteria.
TheMemorandumalsoreferredtootherstandardsthathavebeenfoundhelpfultoensuredriver
safety. Theseincludeadefaultdesignedtofreezethedisplayinonestillpositionifamalfunction
occurs; aprocessformodifying displaysandlightinglevelswheredirectedbyCaltranstoassure
safetyofthemotoringpublic; andrequirements thatadisplaycontainstaticmessageswithout
movementsuchasanimation, flashing, scrolling, intermittentorfull-motion video. Manufacturersand
operatorsofdigitalbillboardscurrentlyuseafull-blackscreenintheeventofamalfunction.
InadditiontotheprovisionsoftheHighway BeautificationAct (23U.S.C. §131) andtheFHWA
memorandadiscussedabove, thestate ofCaliforniahasadoptedtheOutdoorAdvertisingAct
BusinessandProfessionsCode §§5200etseq.) andregulationsimplementing itsprovisions
California CodeofRegulations, Title4, Division6, §§2240etseq.). Theseincludeprovisions that
dealspecifically with “messagecenters,” whicharedefinedas “…anadvertisingdisplaywherethe
messageischanged morethanonceeverytwominutes, butnomorethanonceeveryfourseconds.”
5216.4)
ConsistentwiththememorandaexecutedpursuanttotheHighwayBeautification Act, theOutdoor
AdvertisingActprovidesthatmessagecenterdisplaysthatcomply withitsrequirements arenot
considered flashing, intermittentormovinglight. (§5405(d)(1)) Therequirements provide thatsuch
signsmustnotdisplaymessagesthatchangemorethanonceeveryfourseconds, andthatnomessage
101 Terminal Court ClearChannel Billboard Project Page 55
centermaybeplacedwithin 1,000feetofanothermessage centerdisplayonthesamesideofthe
highway.
TheCalifornia VehicleCoderegulatesthebrightnessofbillboardlighting. VehicleCode §21466.5,
whichidentifiestheapplicablestandard, maybeenforcedbyCaltrans, theCaliforniaHighwayPatrol,
orlocalauthorities. VehicleCode §21467providesthateachprohibitedsign, signal, deviceorlightis
apublicnuisanceandmayberemoved withoutnoticebyCaltrans, theCaliforniaHighwayPatrolor
localauthorities.
Caltransrequiresthatanypersonengaged intheoutdooradvertisingbusinessmustobtain alicense
fromCaltransandpaytherequiredfee. (§5300) Nopersonmayplaceanyadvertisingdisplayinareas
subjecttoCaltransauthoritywithouthavingawrittenpermitfromCaltrans. (§5350)
Theseprovisionsoflawandregulationeffectivelyregulatesignlocationandbrightness toensure that
digitalbillboards willnotbelocated insuchamannerastocreatehazardsduetolightingconditions
themselves. Digitalbillboardsareequippedwithsensorsthatmodifythebrightness ofthesignin
responsetoambientlightingconditions, thusensuring thatthebrightness ofthedisplayinevening,
nighttime ordawnconditionsdoesnotpresentatraffic hazard.
Asdigitalbillboard technologyhasdeveloped, theissuehasbeenraisedastowhetherdigital
billboardsthemselves, regardlessofcompliancewithsuchoperatingrestrictions, presentadistraction
todriversandtherebycreateconditions thatcouldleadtoaccidents. FHWAhasmonitoredtheissue
closely, andreleaseditsreportupdatingtheagency’sview oftheissuesandresearch. Thereport is
entitled: “TheEffectsofCommercialElectronicVariableMessageSigns (CEVMS) onDriver
21AttentionandDistraction: AnUpdate.”
TheFHWAreportaddressedthebasicresearch questionofwhetheroperationofaCEVMSalongthe
roadwayis associatedwithareductionofdriving safetyforthepublic. Thereportidentifiedthree
fundamental methodsforanswering thisquestion: (1) whetherthereisanincreaseincrashratesinthe
vicinityofCEVMS, (2) whetherthereisanincreaseinnear-crashes, suddenbraking, sharpswerving
andothersuch behaviorsinthevicinityofCEVMS, and (3) whetherthereareexcessiveeyeglances
awayfromtheroadwayinthevicinityofCEVMS.
Thereportdiscussesexisting literatureandreportsofstudies, keyfactorsandmeasuresrelatingto
CEVMS andeffectsontraffic, andrecommendsastudyapproach. Anextensivebibliography is
includedinthereport. Thereportdoes notpurport toprovideguidancetostatesonthecontrolof
CEVMS. Thereportconfirmedthattherehavebeennodefinitiveconclusionsaboutthepresenceor
strengthofadverse safetyimpactsfromCEVMS. Similarly, astudyperformed undertheNational
CooperativeHighway ResearchProgram (NCHRP), Project20-7 (256) entitled “SafetyImpactsofthe
EmergingDigitalDisplayTechnologyforOutdoorAdvertisingSigns” (NCHRPReport) reviewed
existingliterature. Bothreportsagreedthatdigitalbillboardsshouldberegulatedasameansof
protectingthepublicinterest.
Variousrestrictionshavebeenidentifiedinreportsthatrelatetothelocation andoperationofdigital
billboards thatseektoreducesafetyconcerns. Theserelatetobrightness, messagedurationand
messagechangeinterval, billboardlocationwithregardtoofficialtrafficcontroldevices, roadway
geometry, vehiclemaneuverrequirements atinterchanges (i.e., lanedrops, mergesanddiverges), and
withregardtothespecificconstraintsthatshouldbeplacedontheplacementandoperationofsuch
signs. Regulation ofoperations could include, forexample, thetimeanysinglemessage maybe
displayed, thetimeofmessagetransition, brightnessofthesignandcontrolsthatadjustbrightness
21U.S. DepartmentofTransportationFederalHighwayAdministration, TheEffectsofCommercialElectronicVariable
MessageSigns (CEVMS) onDriverAttention andDistraction: AnUpdate, February2009, Publication no. FHWA-HRT-09-018.
Availableathttp://www.fhwa.dot.gov/realestate/cevms.htm.
Page 56 101 TerminalCourt Clear Channel Billboard Project
basedontheambientlightenvironment, anddesignandplacementthatensuresthatthesigndoesnot
confusedrivers, orcreatedangerous glare.
Restrictionsondigitalbillboardscontainedwithin theOutdoorAdvertisingActandenforcedby
Caltransregulatemanyoftheconditions thathavebeenidentifiedasrelevanttotrafficsafety.
Caltrans regulatesthelocationandsizeofeachproposeddigitalbillboardthrough itsapplication
processaswellasthedistancebetweensuchsigns. Californiastatutoryprovisionsregulate brightness
ofdisplays. ThroughstatelawandtheVehicleCode, suchsignagewouldbeprohibitedfrom
displayingflashinglightsorimages.
Itshouldbenotedthattherearevariousstudiessupportingconflictingconclusionsregardingthe
safetyofdigitalbillboardsandincidenceofdriverdistraction. Thisanalysishasbeenperformed
utilizingstateandfederalpublishedstudiesandadoptedregulationsasthebestinformation available
atthistime.
Significant effectscouldoccuriftheproposeddigitalbillboarddidnotcomplywithrestrictions
regardinglocation, intensityoflight, lighttrespass, orotherrestrictions, especiallythoseenforcedby
theCaliforniaDepartment ofTransportation (Caltrans) pursuant toitsauthorityundertheagreements
betweentheU.S. Department ofTransportation undertheHighwayBeautificationAct, andthe
OutdoorAdvertising Act. MitigationMeasureTraf-1wouldensure thattheCityreceivesaccurate
informationfromtheoperatorregarding complianceonanongoingbasis.
MitigationMeasure
Traf-1: AnnualReport. Theoperatorthedigitalbillboardshallsubmitto theCity, within
thirtydaysfollowingJune30ofeachyear, awrittenreportregardingoperationof
eachdigitalbillboard duringtheprecedingperiodofJuly1toJune30. Theoperator
maysubmitacombinedreport forallsuchdigitalbillboardsoperatedbysuch
operatorwithintheCitylimits. Thereportshall, whenappropriate, identifyincidents
orfactsthatrelatetospecificdigitalbillboards. Thereportshallbesubmittedtothe
DirectoroftheEconomicandCommunityDevelopment Departmentandshall
includeinformationrelatingtothefollowing:
a. Statusoftheoperator’slicenseasrequiredbyCaliforniaBusinessand
ProfessionsCode §§5300etseq.;
b. Statusoftherequiredpermitforindividual digitalbillboards, asrequiredby
CaliforniaBusiness andProfessions Code §§5350etseq.;
c. Compliance withtheCaliforniaOutdoorAdvertisingAct, CaliforniaBusiness
andProfessionsCode §§5200andallregulations adoptedpursuant tosuchAct;
d. Compliance withCaliforniaVehicleCode §§21466.5and21467;
e. Compliance withprovisions ofwrittenagreements betweentheU.S. Department
ofTransportationandtheCalifornia Department ofTransportationpursuantto
thefederalHighwayBeautification Act (23U.S.C. §131);
f. CompliancewithmitigationmeasuresidentifiedintheMitigatedNegative
Declaration adoptedaspartofProjectapproval;
g. Eachwrittenororalcomplaintreceived bytheoperator, orconveyedtothe
operatorbyanygovernment agencyoranyotherperson, regardingoperationof
eachdigitalbillboardincludedinthereport;
h. Eachmalfunctionorfailureofeachdigitalbillboardincludedinthereport,
whichshallincludeonlythosemalfunctions orfailuresthatarevisible tothe
nakedeye, includingreason forthemalfunction, durationandconfirmationof
repair; and
101 Terminal Court ClearChannel Billboard Project Page 57
i. Operating statusofeachdigitalbillboardincludedinthereport, including
estimateddateofrepairandreturntonormaloperationofanydigitalbillboard
identifiedinthereportasnotoperating innormalmode.
Anotherareaofconcernisthepotential developmentofinteractivebillboardsthatwouldbecapable
ofcommunicating withvehiclesorpassengers. Theuseanddevelopmentofthistechnology would
haveconsequences, andshouldbeidentifiedbytheoperatorpriortoanyimplementation. Mitigation
Measure Traf-2, setforthbelow, wouldrequirenoticetotheCityintheeventsuchfeaturesare
proposed. Themitigationmeasurealsoconfirmsprohibitionsonvisualeffects.
MitigationMeasure
Traf-2: OperationalSafety. Theoperationofthedigitalbillboardshallcomplywiththe
followingatalltimes:
a. Nospecialvisualeffectsthatincludemovingorflashinglightsshallaccompany
anymessageorthetransitionbetweentwosuccessivemessages
b. Theoperator shallnot installorimplementanytechnology thatwouldallow
interactionwithdrivers, vehiclesoranydevicelocatedinvehicles, including, but
notlimitedtoaradiofrequencyidentification device, geographic positions
system, orotherdevicewithoutpriorapprovaloftheCityofSouthSan
Francisco, takingintoconsiderationtechnicalstudiesandCalTrans orUSDOT
policiesandguidanceavailableatthetimeoftherequest.
Implementation ofMitigationMeasuresTraf-1andTraf-2wouldensureongoingcompliance with
trafficsafetyregulationsandcontroltheuseofvisualeffectsanddriverinteractionthatcoulddistract
drivers. Withimplementation ofthesemitigationmeasures, impactsontransportation andtraffic
safetywouldbelessthansignificant.
e) InadequateEmergencyAccess. Theproposeddigitalbillboard wouldbelocatedoutsidetravelled
portionsoftheroadwayandwouldpresentnoobstaclestoemergencyaccess.
Thebillboardwouldhavethecapacitytodisplayofficialmessagesregardingemergencies, andcould
performaspartoftheemergency responsesystem, thusresultinginbeneficial impacts. Therefore, the
Projectwouldhavenoimpactwithregardtoinadequateemergencyaccess.
Page 58 101 TerminalCourt Clear Channel Billboard Project
17. UTILITIESANDSERVICESYSTEMS
Would theproject
a) Exceedwastewater treatmentrequirementsof the applicableRegional
WaterQualityControl Board?
b) Requireorresultintheconstruction ofnewwaterorwastewater treatment
facilitiesorexpansion ofexisting facilities, theconstruction ofwhich could
cause significant environmentaleffects?
c) Requireor resultinthe constructionofnewstormwaterdrainagefacilities
orexpansionof existingfacilities, theconstruction of which couldcause
significant environmental effects?
d) Havesufficient watersuppliesavailableto serve theprojectfromexisting
entitlements andresources, or arenewor expandedentitlements needed?
e) Resultinadeterminationbythe wastewater treatment providerwhich
serves ormayservetheprojectthatithasadequatecapacitytoservethe
project’sprojecteddemand inaddition tothe provider’sexistingcommit-
ments?
f) Be servedbyalandfill withsufficient permitted capacity to accommodate
theproject’s solidwastedisposal needs?
g) Complywithfederal, state, andlocalstatutesand regulations relatedto
solidwaste?
a-g) Utilities. Theproposedbillboardwouldrequireelectricalservice. Providingsuchservicethrough
extension ofexistingelectricalserviceinthevicinitywould notresultinanysignificanteffects.
TheProjectwouldnotgenerateanywastewaterorrequireasupplyofpotablewater. Construction and
operationofthedigitalbillboardwouldnotrequireotherutilityservices, andwouldnotaffect
drainage.
Installationoftheproposedbillboardwouldrequirecoordinationwithvariousotherutilitycompanies
viatheUnderground ServiceAlert (USA) topreventconflictswithsubterraneanutilities. There
wouldbenoimpact onutility services.
Energy: In2010, ClearChannelbillboards’ averageannualusagefordouble-sideddigitalbillboardsof
thesamesizeascurrentlyproposed was86,400kilowatt-hours (kwh). Foracomparison, thisequates
totheannualelectricityusageofapproximately 14.25singlefamilyhomes (calculatedusing
BAAQMD’s GHGEmissionsModelrateof6,047kwhannualelectricityusage). Thelatest
generation ofLEDequipmentisanticipatedtobeapproximately15% moreenergyefficient, butthis
technologywasonlybeginning tobeinstalledinNovember of2011, soannualusagedatawasnot
availableforthenewergenerationforthisanalysis.
Thedigitalbillboardinstalledandoperated aspartoftheProjectwoulduseelectricalenergy, and
wouldbeconstructed pursuanttocurrentelectricalcodes, includingTitle24. Thesestandards would
ensurethatelectricalenergywouldbeusedefficiently. TheGHGemissionsassociatedwiththis
energydemandareaddresedinItem7, Greehouse GasEmissions. Theunderlyingquestion asto
whetherdigitalbillboardsareaneffective ordesirableuseofelectricalenergyisapolicyquestion that
maybeconsideredintheProjectreviewprocess, butanyenvironmentaleffectsarelessthan
significant.
101 Terminal Court ClearChannel Billboard Project Page 59
18. MANDATORYFINDINGS OFSIGNIFICANCE
a) Doestheprojecthavethepotential todegradethequalityoftheenviron-
ment, substantiallyreduce thehabitat ofa fishor wildlifespecies, causea
fishorwildlife populationto dropbelow self-sustaining levels, threatento
eliminateaplant oranimalcommunity, reducethenumberor restrictthe
range ofarareorendangered plantoranimaloreliminate important
examplesofthemajorperiods ofCaliforniahistory orprehistory?
b) Doestheprojecthaveimpacts thatareindividually limited, but
cumulativelyconsiderable? (“Cumulatively considerable” meansthatthe
incremental effects ofaproject areconsiderable whenviewed in
connection withthe effectsofpastprojects, theeffects ofother current
projects, andtheeffectsofprobable futureprojects.)
c) Doestheproject haveenvironmental effects whichwillcause substantial
adverseeffects onhuman beings, either directlyorindirectly?
a)Environmental Quality. Withtheimplementationofmitigationmeasures, theProjectwouldnot
degradethequalityoftheenvironment, substantiallyreducethehabitatofafishorwildlifespecies,
causeafishorwildlifepopulationtodropbelowself-sustaininglevels, orthreatentoeliminateaplant
oranimal community. TheProjectwouldnotimpactrareorendangered wildlifespecies, oreliminate
importantexamplesofthemajorperiodsofCaliforniahistoryorprehistory.
b)CumulativeImpactsandAdverseEffectsonHumanBeings. TheProjectincludesrevisionofthe
ZoningCodetoallowuptothreedigitalbillboardsalongU.S. 101inSouthSanFranciscoif
approvedinconjunctionwithRelocation Agreements. Theanalysisincludedinthisdocumenttakes
intoaccountthepotentialfortwodigitalbillboardsinadditiontotheonecurrentlyproposed. No
additionaldigitalbillboardsbeyond thesethreewouldbeallowedundertheproposedZoningCode
amendment.
Caltranslimitsbillboardstooneevery500 feetalongthelengthofthehighway, whichleavesthe
possibilitythatadditionalconventional (asopposedtodigital) billboardscouldbeaddedalongU.S.
101inSouthSanFranciscobeyondthethreedigitalbillboards. Thishasthepotentialtoresultin
additionalcumulativeaestheticsimpacts. Theanalysisinthisreportalreadyconsidersthattwo
additional billboardscouldbelocated ascloseas500feettoeitherdirectionoftheproposed
billboard, whichrepresents aworstcasescenariothatcoverseitherdigitalorconventionalbillboards.
Anyadditionalbillboards, whetherdigitalorconventional, wouldberequiredtoundergodesign
reviewandCityapprovalprocesses, whichgenerally requirerelocation ofoneormore other
billboardsforanetreductioninthetotalnumberofbillboards. Whilethespecificlocationoffuture
billboardproposalscannotbeknownatthispoint, itcanbeconcludedthatspecificsofimpactsto
viewswouldbeconsideredforeachproposedlocationandthatRelocationAgreements wouldkeep
thesameorreducethetotalnumberof billboardsinthearea. Therefore, cumulativeimpactsin
relationtoaestheticswouldbeconsidered lessthansignificant.
TheProjectotherwisedoesnothaveindividuallylimitedbutcumulativelyconsiderableadverse
impactsandwouldnotinvolvesubstantialadverseeffects onhumanbeings, eitherdirectly or
indirectly, includingeffectsforwhichproject-levelmitigationwereidentified toreduceimpactsto
lessthansignificant levels. Theseincludeimpactsrelatedtothediscoveryofunknowncultural
Page 60 101 TerminalCourt Clear Channel Billboard Project
resources, thepotentialpresenceofcontaminatedsoilontheconstruction site, andtraffichazards
relatedtodriverdistraction. Thesepotentialeffectswouldbelessthansignificantwith
implementation ofmitigation measuresidentifiedinthisdocument andwouldnotcontributein
considerablelevelstocumulativeimpacts.
101 Terminal Court ClearChannel Billboard Project Page 61
DOCUMENTPREPARERS
Lamphier – Gregory
PrimaryReportPreparers)
ScottGregory, President
RebeccaGorton, SeniorPlanner
1944Embarcadero
Oakland, Ca. 94606
510-535-6690
Vistarus
VisualModeling)
NiralPatel
H.T. Harvey & Associates
BiologicalImpactsAssessment)
GingerM. Bolen, Ph.D., SeniorWildlifeEcologist
CityofSouthSanFrancisco
Thisdocumentwaspreparedinconsultation withGerryBeaudin, PrincipalPlanner, CityofSouthSan
Francisco.
SOURCES
1.BayAreaAirQualityManagementDistrict, May2011, CaliforniaEnvironmentalQualityActAir
QualityGuidelines.
2.BayAreaAirQualityManagementDistrict, May2010, ScreeningTablesforAirToxicsEvaluation
DuringConstruction, Version1.0.
3.CaliforniaDepartmentofTransportation, OutdoorAdvertisingActandRegulations, 2011Edition.
4.CaliforniaDepartmentofTransportation, StateScenicHighwayMappingSystem,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
5.CityofSouthSanFrancisco, preparedbyDyettandBhatia, SouthSanFranciscoGeneralPlan, 1999.
6.FederalHighwayAdministration- HighwayBeautification Act (HBA) codifiedasTitle23United
StatesCode131, September25, 2007, GuidanceonOff-PremiseChangeableMessageSigns.
7.IlluminatingEngineeringSocietyofNorthAmerica (IESNA), LightingHandbook9thEditionand
10thEdition.
8.OutdoorAdvertising Association ofAmerica, prepared byLightSciences Inc., November 29, 2006,
ComparisonofDigitalandConventional Billboards.
9.U.S. GeologicalSurvey, 2005, MineralResourcesDataSystem: U.S. GeologicalSurvey, Reston,
Virginia. Available through: http://tin.er.usgs.gov/mrds/
10.U.S. DepartmentofTransportation, FederalHighwayAdministration, 2009: TheEffectsof
CommercialElectronicVariableMessageSigns (CEVMS) onDriverAttentionandDistraction: An
Update. Publication No. FHWA-HRT-09-018.
Page 62 101 TerminalCourt Clear Channel Billboard Project
ATTACHMENTA
BiologicalImpactsAssessment
5September 2012
Ms. Rebecca Gorton
Lamphier-Gregory
1944Embarcadero
Oakland, CA94606
Subject: SouthSan Francisco Clear Channel Billboard ProjectBiological ImpactsAssessment
HTH #3410-01)
DearMs. Gorton:
Peryourrequest, H. T. Harvey & Associateshasperformedabiological impactsassessment for
the construction ofan LEDbillboard at101Terminal Court, South SanFrancisco, California
Figure 1). Theproject site isbounded byHighway 101 totheeast and extensivecommercial
development tothenorth, west, andsouth.
According toinformation youprovided, the new billboard would haveanoverall heightof 70
feet (ft) andawidthof48 ftwitha14ftby48ftLED displayscreenmountedabove apole with
a56 ftclearancefromgrade. The billboard would display multiple advertisements, cycling
betweenads every8seconds, andwould beequipped withambient lightsensors, which would
adjustthebrightnessofthedisplay correlating withambientlighting conditions. Weunderstand
thatthe billboardtechnology willbe thesameasthat utilizedforthe ClearChannel LED
billboard alongHighway 92thatweanalyzed in 2008andthatthesameassumptions canbe
made regarding illuminance.
METHODS
I conducted adaytime sitevisiton27 August 2012 toinspecthabitat conditionsimmediately
surrounding theproposedsignlocation (whichcould potentiallybe disturbed duringthe
installation ofthenewLEDsign) andin adjacent areas thatcouldbeindirectly affectedbythe
project. I returned tothe sitethateveningto observequalitatively the existingambientlighting
in thevicinityoftheproject sitetoprovide abasisfordeterminingthepotentialdirect and
Inaddition, H. T. Harvey & Associates
seniorplant/wetlandecologist Patrick Boursier, Ph.D., conducted asitevisiton 31August 2012
toassessthe siteforthe presenceofpotentiallysensitive habitats (e.g., wetlands). Followingthe
completion ofthesurveys, I determined thepotential fortheinstallationofthebillboard to
impactbiological resources, suchas special-status speciesandsensitive/regulatedhabitats, based
onthe conditions attheproposedbillboard location.
EXISTINGSITECONDITIONS
Theproject siteislocatedon theperimeter ofa . A
chain-linkfenceseparates theproject sitefroman approximately 45-ftwidestrip ofruderal (i.e.,
disturbance-associated) vegetation thatoccupies theareabetween theprojectsiteandHighway
983University Avenue, Building D LosGatos, CA 95032 Ph: 408.458.3200 F: 408.458.3210
SantaRosa
NAPA Detail
YOLONapaCaliforniaSONOMAFairfield
SOLANO
MARIN
Martinez Stockton
SanRafael CONTRA COSTA
SanFrancisco Oakland
SAN FRANCISCO
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STANISLAUS
SANTA CLARA
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Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, EsriMilesJapan, METI, EsriChina (HongKong), Esri (Thailand), TomTom, 2012
Figure 1: Vicinity Map
SSFClearChannelBillboard (3410-01)
September2012
101 totheeast. Theprojectsiteis pavedand completely devoid ofvegetation; however,
dominant species present intheadjacentruderal habitat include cypress (Cupressus sp.), toyon
Heteromeles arbutifolia), andnon-native Frenchbroom (Cytisus monspessulanus). Theruderal
habitatimmediately eastoftheproject site (approximately26fteastoftheproposedbillboard
pole) also supports awetland with adense standofhorsetail (Equisetum sp.). Thiswetland
appearstobesupportedbyrunoff fromthe adjacent parkinglot, andmeets the physicalcriteria
w
Duetothehighlydisturbed natureoftheprojectsiteandtheimmediately surrounding vicinity, it
isextremely unlikely thatanyspecial-status specieswouldoccurin theprojectarea. Thevast
majorityof plant andanimal speciesoccurringhere areverycommon speciesassociated with
urban, developed, andruderalconditions throughoutthe SanFrancisco Bayarea. There was no
evidence thatsensitive species were present on theproject site and nohabitat capable of
supporting sensitive speciesispresentwithinorimmediately adjacenttothesite.
BIOLOGICALIMPACTSASSESSMENT
Potentialproject impactsonbioticresourceswereevaluatedfromthree differentperspectives:
Thedirecteffects oftheinstallation ofan LEDbillboardonbioticresources
Theindirect effectsofilluminance fromtheLEDbillboard (i.e., theamountoflightfrom
thebillboardthatlandsona certain area) onsensitive species inadjacentareas
i.e., theamountoflightleaving
surfaceasseen bytheeye) onthebehaviorof birdsflyinginthesitevicinity
Ineach case, thestandardsagainstwhich wemeasuredthesignificance of potentialimpactswere
theCalifornia Environmental QualityAct (CEQA) significancecriteria. Thesepotential impacts
areassessed indetailbelow.
DESIIRECTFFECTSOFIGNNSTALLATION
Allactivity associated withinstallation oftheLEDbillboard attheprojectsiteispresumed to
takeplace within thepavedparkinglot, withmost such activityconcentrated intheimmediate
vicinityofthebillboard.
Nowetlands, riparian habitats, orothersensitive habitats arepresentwithintheimmediate
project site. Thus, aslong asconstruction does notextendinto thehorsetail-linedwetlandtothe
east, nosensitive habitats would beimpactedby theconstruction ofthebillboard. Further, no
special-status plantorwildlife species areexpected tooccurwithin theprojectarea. Theonly
wildlife speciesthat maybe usinghabitats intheimmediate vicinityofthe projectsite during
construction are commonbirds suchasthehouse finch (Carpodacusmexicanus), American
robin (Turdus migratorius), andnorthern mockingbird (Mimuspolyglottos). Thesespecies are
locallyandregionallyabundant, andproject effectsonthese specieswillnotbe significant under
theCEQA.
Insummary, nobiologicalimpacts thatare significantunder CEQAwilloccuras aresult of the
installation ofa billboard atthislocation.
3
H. T. HARVEY & ASSOCIATES
IEIAANDIRECTFFECTSOFLLUMINANCEOFDJACENTREAS
Manyanimalsareextremely sensitivetolightcues, whichinfluencetheirphysiologyand shape
theirbehaviors, particularly duringthe breeding season (Ringer1972, deMolenaar etal. 2006).
Artificiallighthas beenusedasameansofmanipulatingbreeding behavior andproductivity in
captivebirdsfordecades (deMolenaar etal. 2006), andhas beenshowntoinfluence the
territorial singingbehavior ofwildbirds (Longcore and Rich 2004, Miller 2006, deMolenaar et
al. 2006). Whileitisdifficult to extrapolate resultsofexperiments oncaptive birdsto wild
populations, itis knownthatphotoperiod (the relative amountoflightanddarkin a24-hour
period) isanessential cuetriggeringphysiological processes asdiverse asgrowth, metabolism,
development, breeding behavior, andmolting (de Molenaar etal. 2006). Thisholds truefor
birds, mammals (Beier2006), and other taxaaswell, suggestingthatincreasesinambient light
mayinterfere with these processes across a wide rangeofspecies, resulting inimpactstowildlife
populations.
Artificiallightingmay indirectlyimpactmammals andbirdsbyincreasing thenocturnalactivity
ofpredators likeowls, hawks, andmammalian predators (Negro etal2000, LongcoreandRich
2004, DeCandido and Allen2006, Beier 2006). Thepresence ofartificiallight mayalso
influence habitat use byrodentssuch asthesaltmarshharvestmouse (Reithrodontomys
raviventris) andsaltmarsh wanderingshrew (Sorex vagranshalicoetes) (Beier 2006), andby
breedingbirds (Rogers et al. 2006, deMolenaar etal. 2006), bycausing avoidance ofwell-lit
areas, resulting inanetlossofhabitat availabilityandquality.
Theprojectsiteiscompletely surrounded byurban habitats thatdo notsupportsensitive species
thatmightbe significantly impactedbyilluminance fromtheproposed LEDbillboard.
Similarly, thesmallwetlandimmediately adjacenttotheproject siteisnot expectedtosupport
sensitivespecies. TheSanFrancisco Bay tothe east provides suitablehabitat foravariety of
wildlife, including thefederally andstate listedCaliforniaclapperrail (Rallus longirostris
obsoletus), and the federallylisted missionbluebutterfly (Ariciaicarioides missionensis) has
beenobservedatSign HillPark tothenorthofthe projectsite (CNDDB2012). However, these
habitatsarelocatedtoofarfromtheprojectsitetobeaffectedby illuminance fromthe proposed
LEDbillboard. Similarly, ColmaCreek to thenorth oftheproject siteandthe unnamed channel
tothesouth are located toofarfromthe projectsiteto beaffectedbyilluminancefrom the
proposed billboard.
According tomaterialprovided by ClearChannel Outdoor, theproposedLEDbillboardis
expected to providea maximumof2.23footcandles (fc) of illuminance (aboveandbeyond
ambient light conditions) at 100ft (L. Musica, pers. comm.) within itsviewingangle.
Illuminance woulddecrease with lateraldistancefromthe centeroftheviewing angle, sothat
areas100ft fromthebillboard oneither sideof thecenterof theviewingangle wouldexperience
even less illuminance. Theviewing angleofthe proposedLED billboardwould be 30
vertically and 60 horizontally oneachside (R. Hatton, pers. comm.). TheLED billboard
wouldbeangledin suchawayas tomaximize theamount of visibility fromaspecificportion of
Highway 101, so theareaofbrightestnight illuminance projected bythe proposedbillboard
would form a narrowconedirectedatoncomingtraffic. Furthertheilluminancewould dissipate
so thatilluminancebeyond100ftwould beminimalandthatbeyond500ftnegligible. Thus, the
proposedLEDbillboard isnotexpected tosubstantially increase theamountofilluminance
4
H. T. HARVEY & ASSOCIATES
currentlyexperienced bysensitive habitats (and thespeciesinhabiting them) within San
FranciscoBay, whichis locatedover 3600ft totheeast, orSignHillPark, which islocated over
5800fttothe north. Therefore, wedonotexpect illuminance fromtheLEDbillboard toresult in
significantimpacts onthese sensitivehabitatsortheirassociated wildlife species.
PELEDBLAFBOTENTIALFFECTSOFILLBOARDSUMINANCEONVIANLIGHTEHAVIOR
The primary way inwhich theluminanceof anLEDbillboardmightimpactthemovements of
birds intheproject area isthroughthe disorientationofnocturnally migratingbirds. Such birds
mayalter theirorientation uponsightingthe lightandbecome drawntowardthesign, potentially
strikingobjectssuch as buildings, adjacent powerlines, or eventhesignitself. Migrating birds
whenvisibilityis poor (Longcore andRich 2004, Gauthreaux andBelser 2006).
Hundredsofbirdspecies migrate nocturnally inordertoavoid diurnal predators andtominimize
energyexpenditures. Evidence thatmigratingbirds areattracted toartificiallightsourcesis
abundant intheliterature asearly asthelate 1800s (Gauthreauxand Belser2006). Although the
mechanism causingmigrating birdstobe attracted tobrightlights isunknown, theattraction is
welldocumented (Longcore andRich 2004, Gauthreaux andBelser2006). Migrating birdsare
frequently drawnfromtheir migratoryflight paths intothevicinityofanartificiallightsource,
light (Herbert1970,
Gauthreaux and Belser2006). Whenbirds aredrawnto artificiallights duringtheirmigration,
they become disoriented andpossiblyblinded by theintensityofthelight (Gauthreaux and
Belser2006). Thedisorienting andblindingeffects ofartificiallights directlyimpactmigratory
birdsbycausingcollisions with lightstructures, buildings, communication andpowerstructures,
oreventheground (GauthreauxandBelser 2006). Indirect impactsonmigrating birds might
includeorientation mistakes andincreased lengthofmigration duetolight-drivendetours.
Effects oftheProposed LEDBillboardsonFlight Behavior
Thevisibilityof theproposedLEDbillboardto birdsinflight, andthus theriskit poses toflying
birds, depends primarily onthebeamangleofthesignrelative tothe flightlinesofbirds andon
theluminance (brightness) ofthesignasperceivedby thebirds. Thedirectional natureof LED
lightingand the projectedviewingangle valuesof 30vertically and 60horizontally suggest
that the viewingangleofthesignwill benarrow enoughtopreclude attracting migrating birdson
clearnights, whenthey flyhigh enoughtobeoutsidethe viewingangleofthe sign. Shaders
locatedaboveeachrowoflightswillprevent lightfromprojecting upward intothesky. Asa
result, birdsflying more than30 abovethe center of the
seelight fromthesignatall. However, migrating birdsare forcedtofly lowduringfoggy and
rainyconditions, whichmaybringthem intotheviewing angleofthebillboard.
2Theproposedbillboardcouldproduceapeakvalueofapproximately641cd/ft of luminance
LSI2006). However, in practice, the LEDbillboards will be operated sothat their peak
2luminancewillbeapproximately46cd/ft in the center of thebeamangle (R. Hatton, pers.
2comm.). Forcomparison, afull moon at itsbrightest pointproducesapproximately 232cd/ft
LRC2006). Theproposed billboardwould beequippedwithalightsensorthatadjusts the
brillianceofthebillboard inresponse to availableambient light, dimming theluminance as
ambient lightlessens. Thepeakluminosityfor anLED billboard citedin the2006Light
5
H. T. HARVEY & ASSOCIATES
Sciences Inc. reporttotheOutdoor Advertising AssociationofAmerica (LSI2006) andindicated
aboveassumes thatthedisplayonthe billboard issolidwhite. Inpractice, thedisplays onthe
plannedLEDbillboardwill containavariety ofcolors, whichwill substantially reduce the
amountof luminance produced.
Additionally, theLEDdisplay onthe billboardcan bechanged every8seconds from astatic
image toastatic image, resultinginachanging lightsource. Colors andpatterns ofcoloronthe
billboard wouldthus bechanging, andbirdsflyingnearthesignwouldnotperceive itasafixed,
unchanging light, thetypeoflightthatappears tobemostattractivetobirds (JonesandFrancis
2003, Gauthreaux andBelser 2006).
It ispossible thatsome birdsthatfindthemselves near thecenter ofthebeam angle maybe
attractedtothesign. However, wedonotexpectthiseffect toresultin long-termconsequences,
suchas increased bird-strikemortalities orsubstantial interference withbird movements because
the signwill befocused onthehighway, noton airspace above thehighway. Thus, a relatively
limited areaatlowaltitude aboveHighway 101 will bewithin the centerof the signsbeam
angle.
Becausethe area surroundingthe signisheavily urbanizedand contains nohabitatsofvalue to
estuarine birds using theSanFranciscoBay habitatstotheeast, wedo notexpectlargenumbers
ofbirds (especiallyspeciesof conservationconcern) tobeflyingina north-southdirection, and
atlowaltitudes thatwouldbe within thebeam, closeenoughtothebillboardfordisorientationto
occuratall. Thus, wedonotexpectbirdsmoving throughoraroundthe project areato be
attracted tothesignforsuch alongduration thatbird-strike mortalityoccurs or substantial
interference withbirdmovements occurs.
Giventheconfiguration of birdhabitatsinthe vicinity ofthe site (whichdoes notlenditselfto
directed birdflightstoward thesigns), thechanging imagesthatwillbedisplayed ontheLED
billboard, the narrowviewingangle, andthe useofshaders toprevent lightfromprojecting
upwardinto thesky, weexpect s impactson avian flightbehaviorto be lessthan
significant.
SUMMARY
Basedontheinformation provided byClearChannelOutdoor concerningthe LEDbillboard, our
review ofliterature concerninglightingeffectsonwildlife, our reconnaissance-levelsurveys of
thesite, andourknowledge oflikelyavianflightlinesin thevicinityofthe project site, wedonot
expecttheconstructionofanewLEDbillboard toresultinsignificant impacts onwildlife. Ifthe
assumptions made inouranalysisconcerning theLED billboard characteristics (e.g.,
illuminance, luminance, orbeam angle) differ fromactual characteristics ofthebillboard,
additional analysis maybe necessarytodetermine whether impactsare significant.
Pleasefeelfree to contactmeatgbolen@harveyecology.com or (408) 458-3246ifyouhave any
questions regardingourreport. Thankyouvery muchfor contacting H.T. Harvey & Associates
regarding thisproject.
6
H. T. HARVEY & ASSOCIATES
Sincerely,
Ginger M. Bolen, Ph.D.
SeniorWildlifeEcologist
7
H. T. HARVEY & ASSOCIATES
LITERATURE CITED
Beier, P. 2006. Effectsofartificial nightlighting onmammals inRich, C. andT. Longcore, eds.
EcologicalConsequences ofArtificial NightLighting. Covelo, CA: IslandPress. Pp19-
42.
CNDDB] California Natural DiversityDatabase. 2012. Rarefind Version 3.1.1. California
Department ofFishandGame, Biogeographic DataBranch.
DeCandido R. andD. Allen. 2006. Nocturnalhunting byperegrinefalcons attheEmpire State
Building, NewYorkCity. WilsonJ. Ornithol. 118(1): 53-58.
deMolenaar, J.G., M.E. Sanders andD.A. Jonkers. 2006. Road lightingand grassland birds:
local influenceof roadlightingona black-tailedgodwit populationin Rich, C. andT.
Longcore, eds. Ecological Consequences ofArtificial Night Lighting. Covelo, CA:
Island Press. Pp114-136.
Gauthreaux, S.A. andC.G. Belser. 2006. Effects ofartificial nightlightingonmigratingbirds in
Rich, C. andT. Longcore, eds. EcologicalConsequences ofArtificialNight Lighting.
Covelo, CA: Island Press. Pp 67-93.
Herbert, A.D. 1970. Spatial disorientation inbirds. WilsonBull. 82(4): 400-419.
Jones, J. andC.M. Francis. 2003. Theeffects oflight characteristics onavian mortalityat
lighthouses. J. Avian Biol. 34(4): 328-333.
Longcore, T. andC. Rich. 2004. Ecological lightpollution. Front. Ecol. Environ. 2(4): 191-
198.
LRC] Lighting Research Center. 2006. Illumination fundamentals. Pasadena, CA: Optical
Research Associates. 48pp.
LSI] LightSciences Inc. 2006. Comparison ofDigital and Conventional Billboards. Report
preparedfor theOutdoor Advertising AssociationofAmerica. November 29, 2006.
Miller, M.W. 2006. Apparent effectsof lightpollution onsingingbehaviorofAmericanrobins.
Condor 108(1): 130-139.
Negro, J.J., J. Bustamante, C. Melguizo, J.L. Ruiz, andJ.M. Grande. 2000. Nocturnal activity
of lesserkestrels under artificial lightingconditions inSeville, Spain. J. Raptor Res.
34(4): 327-329.
Ringer, R.K. 1972. Effectoflightand behavior onnutrition. J. Anim. Sci. 35: 642-647.
8
H. T. HARVEY & ASSOCIATES
Rogers, D.I., T. Piersma, and C.J. Hassell. 2006. Roostavailability mayconstrainshorebird
distribution: Exploring theenergetic costsof roostinganddisturbancearoundatropical
bay. Biol. Conserv. 33(4): 225-235.
PERSONALCOMMUNICATIONS
Hatton, Robert. ClearChannelOutdoor, Inc. Personalcommunication withSteveRottenborn of
H. T. Harvey & Associates, on18 September 2008.
Musica, Lou. Clear ChannelOutdoor, Inc. Personal communication withSteveRottenborn of
H. T. Harvey & Associates, on09 September 2008.
9
H. T. HARVEY & ASSOCIATES
ATTACHMENTB
NorthwestInformationCenterRecordsSearchResults
August21, 2012 NWICFileNo.: 12-0165
RebeccaGorton
Lamphier-Gregory, Inc.
1944Embarcadero
Oakland, CA94606
Re: Recordsearchresultsfortheproposedprojectat101TerminalCourt, CityofSouth
SanFrancisco.
DearMs. Gorton:
Peryourrequestreceivedbyourofficeon15August2012, arecordssearchwas
conducted forthe abovereferenced projectby reviewing pertinentNorthwestInformation
Center (NWIC) basemapsthatreferenceculturalresourcesrecordsandreports, historic-
periodmaps, andliteratureforSanMateoCounty. Pleasenotethatuseoftheterm
culturalresources includesbotharchaeological resources andhistoricalbuildingsand/or
structures.
Review ofthisinformationindicatesthattherehasbeennorecordofanycultural
resourcestudiesthatcovertheproposed projectarea. Whiletherearenoarchaeological
resourceswithintheproposedprojectarea, severalNativeAmericanhabitation sites are
presentinthegeneralvicinity. TheOfficeofHistoricPreservation (OHP) HistoricProperty
Directory (HPD) includesnorecordedbuildingsorstructureswithintheproposedproject
area. Inaddition, theNWICbasemapsshow norecordedbuildingsorstructures.
AtthetimeofEuroamerican contact, theNativeAmericans thatlivedinthisportion
ofthepeninsulawerespeakersoftheCostanoanorOhlonelanguage, partoftheUtian
languagefamily (Levy 1978:485). ThesettlementpatternsofNativeAmericans livingon
theSanFranciscopeninsulaweresignificantly disrupted earlierthatinotherregionsof
thestate. However, asinotherareas, settlementpatterns wouldindicateamixtureof
residentialoccupationofvillagesandseasonalroundstoexploitresources attheirpeak.
Reconstruction oftribalnamesandlocationsundertaken byMilliken (1995), based
principally onmissionregisters, would placetheproposedprojectareaasbeinglocated
withinthenorthernportionofthearea controlled bytheUrebure (1995:258).
Basedonanevaluationoftheenvironmentalsettingandfeaturesassociated with
knownsites, NativeAmericanresourcesinthis partofSanMateoCountyhavebeen
foundincloseproximitytosourcesofwater (includingperennialandintermittentstreams
andsprings), nearthebaymarginanditsassociated wetlands, andnearecotonesand
otherproductiveenvironments. Theproposed projectarea islocatedwithinthelower
threachesoftheColmaCreekbasin. Basedon19 centurymaps, theprojectareawas
dominated byestuariesthathavesincebeencoveredinartificialfill. Whilethislandwas
thadjacenttoestuariesinthe19century, thisproductiveenvironmenthasundergone
significant changesassealevelshaveroseoverlast10,000years. Giventhecorrelation
oftheseenvironmental factors, coupledwiththeregionalarchaeologicalsensitivity, there
isamoderatepotentialofunrecordedNativeAmerican resources (especiallyburied
depositswithnosurfaceindications) withintheproposedprojectarea.
Review ofhistorical literatureandmapsgavenoindicationofthepossibilityof
historic-period archaeological resources withintheproposedprojectarea. Withthisin
mind, thereis alowpotentialofidentifying unrecordedhistoric-periodarchaeological
resourcesintheproposed projectarea.
The1947SanFrancisco SouthUSGS7.5-minutetopographic quadranglefailsto
depictanybuildings orstructures withintheproposedproject area; therefore, thereisa
lowpossibilityofidentifying anybuildingsorstructures 45yearsorolderwithintheproject
area.
RECOMMENDATIONS:
1) Thereisamoderatepossibility ofidentifyingNativeAmerican archaeological
resourcesandalowpossibilityofidentifyinghistoric-periodarchaeologicalresourcesin
theprojectarea. Giventhedepthofdisturbancefortheproposedproject (approximately
35feetbelowsurface) buriedterrestriallandsurfacesthathavethepotentialfor
containingarchaeological materialmaybepresentbelowtheartificialfillatthesurface.
Werecommendaqualifiedarchaeologistconductfurtherarchivalandfieldstudyto
identifyculturalresources. Fieldstudymayinclude, butisnotlimitedto, pedestrian
survey, handaugersampling, shoveltestunits, orgeoarchaeologicalanalysesaswellas
othercommonmethodsusedtoidentifythepresenceofarchaeological resources
especiallyburied depositswithnosurfaceindications). Pleaserefertothelistof
http://www.chrisinfo.org.
2) Iftheproposedprojectareacontainsbuildingsorstructuresthatmeetthe
minimumagerequirement, priortocommencementofprojectactivities, itis
recommended thatthisresourcebeassessedbyaprofessionalfamiliarwiththe
architecture andhistoryofSanMateo County. Pleaserefertothelistofconsultantswho
http://www.chrisinfo.org.
3) Reviewforpossible historic-periodbuildingsorstructureshasincludedonly
thosesourceslistedintheattachedbibliography andshouldnotbeconsidered
comprehensive.
duringconstruction, 4) Ifarchaeological resourcesareencountered workshould
betemporarilyhalted inthevicinityofthediscovered materialsandworkers shouldavoid
alteringthematerialsandtheircontextuntilaqualifiedprofessionalarchaeologist has
evaluatedthesituationandprovidedappropriate recommendations. Projectpersonnel
shouldnotcollectculturalresources. Native Americanresourcesincludechertor
obsidianflakes, projectile points, mortars, andpestles; anddarkfriablesoilcontaining
shellandbonedietarydebris, heat-affectedrock, orhumanburials. Historic-period
resourcesincludestoneoradobefoundationsorwalls; structuresandremainswith
squarenails; andrefusedepositsorbottledumps, oftenlocatedinoldwellsorprivies.
5) ItisrecommendedthatanyidentifiedculturalresourcesberecordedonDPR
523historicresource recordationforms, available onlinefromtheOfficeofHistoric
http://ohp.parks.ca.gov/default.asp?page_id=1069
Thank youforusingourservices. Pleasecontactthisofficeifyouhaveany
questions, (707) 588-8455.
Sincerely,
BryanMuch
AssistantCoordinator
LITERATURE REVIEWED
Inadditionto archaeological mapsandsiterecordsonfileattheNorthwest Information Center of
theHistoricalResources Information System, thefollowingliterature wasreviewed:
Barrows, HenryD., andLutherA. Ingersoll
2005 MemorialandBiographical History of theCoastCountiesof CentralCalifornia.
Three Rocks Research, Santa Cruz (Digital Reproductionof TheLewis Publishing
Company, Chicago: 1893.)
Bowman, J.N.
1951 AdobeHouses intheSanFrancisco BayRegion. InGeologic Guidebook oftheSan
Francisco BayCounties, Bulletin 154. CaliforniaDivisionofMines, FerryBuilding,
SanFrancisco, CA.
Brabb, EarlE., FredA. Taylor, andGeorge P. Miller
1982 Geologic, Scenic, andHistoricPoints ofInterestinSanMateo County, California.
Miscellaneous Investigations Series, MapI-1257-B, 1:62,500. Departmentofthe
Interior, UnitedStatesGeological Survey, Washington, D.C.
GeneralLandOffice
1858 SurveyPlatforRancho RanchoBuriburi
1864 SurveyPlatforRanchoCañada deGuadalupe, laVisitacióny Rodeo Viejo
Gudde, Erwin G.
1969 California PlaceNames: The Originand Etymology ofCurrentGeographical
Names. ThirdEdition. University ofCalifornia Press, Berkeley andLosAngeles.
Hamman, Rick
1980 California Central CoastRailways. Pruett Publishing Company, Boulder, CO.
Hart, James D.
1987 ACompaniontoCalifornia. Universityof California Press, Berkeley andLos
Angeles.
Heizer, Robert F., editor
1974 Local History Studies
DeAnza College, Cupertino, CA.
Helley, E.J., K.R. Lajoie, W.E. Spangle, andM.L. Blair
1979 Flatland DepositsoftheSanFrancisco BayRegion - TheirGeologyand
Engineering Properties, and TheirImportance toComprehensive Planning.
GeologicalSurveyProfessional Paper943. UnitedStates GeologicalSurveyand
Department ofHousingandUrbanDevelopment.
Hoover, Mildred Brooke, HeroEugeneRensch, andEthelRensch, revised by WilliamN. Abeloe
1966 Historic SpotsinCalifornia. ThirdEdition. Stanford University Press, Stanford, CA.
Hoover, Mildred Brooke, HeroEugeneRensch, andEthelRensch, William N. Abeloe, revised by
DouglasE. Kyle
1990 Historic SpotsinCalifornia. Fourth Edition. Stanford UniversityPress, Stanford,
CA.
Hope, Andrew
2005 Caltrans Statewide HistoricBridgeInventoryUpdate. Caltrans, Division of
Environmental Analysis, Sacramento, CA.
Hynding, Alan
1984 From Frontierto Suburb: TheStory ofSanMateoPenninsula. StarPublishing
Company, SanMateo, CA.
Kroeber, A.L.
1925 Handbook oftheIndians ofCalifornia. Bureau ofAmericanEthnology, Bulletin 78,
SmithsonianInstitution, Washington, D.C. (ReprintbyDoverPublications, Inc., New
York, 1976)
Levy, Richard
1978 Costanoan. InCalifornia, edited byRobertF. Heizer, pp. 485-495. Handbookof
NorthAmerican Indians, vol. 8, William C. Sturtevant, generaleditor. Smithsonian
Institution, Washington, D.C.
Milliken, Randall
1983 TheSpatial Organization ofHumanPopulationonCentral California'sSan
FranciscoPeninsula at theSpanish Arrival. S-
Northwest Information Center, RohnertPark.
1995 ATimeof LittleChoice: The Disintegration ofTribal Culture intheSanFrancisco
BayArea1769-1810. Ballena PressAnthropological PapersNo. 43, MenloPark,
CA.
Myers, WilliamA. (editor)
1977 HistoricCivilEngineering Landmarks ofSanFrancisco andNorthernCalifornia.
PreparedbyTheHistory and HeritageCommittee, SanFrancisco Section, American
Societyof CivilEngineers. Pacific Gas andElectricCompany, SanFrancisco, CA.
Nelson, N.C.
1909 Shellmoundsof theSanFrancisco BayRegion. University ofCalifornia
Publications inAmerican ArchaeologyandEthnology7(4):309-356. Berkeley.
ReprintbyKrausReprintCorporation, NewYork, 1964)
Nichols, DonaldR., andNancy A. Wright
1971 Preliminary Map ofHistoricMarginsofMarshland, SanFrancisco Bay, California.
U.S. Geological SurveyOpenFile Map. U.S. Department oftheInterior, Geological
Surveyincooperation withtheU.S. Department ofHousingandUrbanDevelopment,
Washington, D.C.
Roberts, George, and JanRoberts
1988 DiscoverHistoric California. GemGuides BookCo., PicoRivera, CA.
San MateoCountyHistoric Resources Advisory Board
1984 SanMateoCounty: ItsHistory andHeritage. SecondEdition. Division of Planning
andDevelopment Department ofEnvironmental Management.
San MateoCountyPlanningandDevelopment Department
SanMateo
CountyGeneral Plan.
State ofCaliforniaDepartment ofParksandRecreation
1976 California InventoryofHistoricResources. State ofCalifornia Department ofParks
andRecreation, Sacramento.
State ofCaliforniaDepartmentof ParksandRecreation andOffice of HistoricPreservation
1988 FiveViews: AnEthnic Sites SurveyforCalifornia. StateofCalifornia Department
ofParks andRecreation andOffice ofHistoricPreservation, Sacramento.
StateofCalifornia OfficeofHistoric Preservation
2012 Historic Properties Directory. Listing by City (throughApril2012). Stateof
CaliforniaOffice ofHistoric Preservation, Sacramento.
Williams, James C.
1997 EnergyandtheMakingofModern California. TheUniversity ofAkronPress, Akron,
OH.
Woodbridge, SallyB.
1988 California Architecture: HistoricAmerican BuildingsSurvey. ChronicleBooks, San
Francisco, CA.
WorksProgress Administration
1984 TheWPAGuide to California. Reprint byPantheonBooks, New York. (Originally
published asCalifornia: AGuidetotheGolden Statein1939byBooks, Inc.,
distributed byHastings HousePublishers, NewYork.)
Yamada, GayleK. andDianneFukami
2003 Building aCommunity: TheStoryofJapanese Americans inSanMateo County.
AACP, Inc., SanMateo, CA.
Historic Properties Directory includesNational
Register, StateRegistered Landmarks, CaliforniaPointsofHistoricalInterest, andtheCalifornia
RegisterofHistorical Resources aswellas Certified Local Governmentsurveys thathave
undergoneSection106review.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-426 Agenda Date:6/9/2021
Version:1 Item #:15b.
Ordinance adopting a Development Agreement to allow for the installation of an 80 foot tall,double-faced,
digital billboard on property located at 345 Shaw Road.
WHEREAS,Clear Channel Outdoor LLC (“Applicant”)owns or has a legal equitable interest in a property
located at 345 Shaw Road (APN 015-165-050) (“Property”); and,
WHEREAS,Applicant has submitted a development proposal to construct,operate and maintain an off-premise
digital message center display (“Digital Billboard”) at the Property (“Project”); and,
WHEREAS,in order to construct and operate the Project,Applicant seeks approval of a Relocation Agreement,
and Sign Permit; and,
WHEREAS,as part of its application,the Applicant has sought approval of a Development Agreement,which
would clarify and obligate several project features and mitigation measures,including payment of existing fees
(such as customary permit fees),and certain future fees (including any applicable gross receipts business
license tax in the event the City enacts such a tax); and,
WHEREAS,approval of the Applicant’s proposal is considered a “project”for purposes of the California
Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and,
WHEREAS,the City Council adopted an Initial Study /Mitigated Negative Declaration on August 26,2015
(State Clearinghouse number 2013062062)(“IS/MND”)in accordance with the provision of CEQA and CEQA
Guidelines,which analyzed the potential environmental impacts of billboards along the west side of U.S.
Highway 101; and,
WHEREAS,on June 14,2017,the City Council determined that the modifications to the sign height,increasing
the height to a total of 114 feet above grade,were minor in nature,the approval of which would not result in
any new significant environmental effects or a substantial increase in the severity of any previously identified
effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council,nor would it require
additional environmental review; and,
WHEREAS,the Project is within the IS/MND area,is within the parameters analyzed within the IS/MND and
would not result in any new significant environmental effects or a substantial increase in the severity of any
previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council,
nor would it require additional environmental review; and,
WHEREAS,on January 16,2020 the Planning Commission for the City of South San Francisco held a properly
noticed public hearing,at which time interested parties had the opportunity to be heard,to review the Project,
as well as supporting documents,at the conclusion of which the Planning Commission recommended that the
City Council find that the 2015 IS/MND is the appropriate environmental document and approve the Project,
including the Development Agreement; and,
City of South San Francisco Printed on 6/10/2021Page 1 of 4
powered by Legistar™
File #:21-426 Agenda Date:6/9/2021
Version:1 Item #:15b.
WHEREAS,the City Council held a duly noticed public hearing on June 9,2021 to consider the 2015 IS/MND,
Development Agreement, Relocation Agreement and Sign Permit and take public testimony; and,
WHEREAS,by separate Resolution,the City Council reviewed and carefully considered the information in the
2015 IS/MND and finds that the 2015 IS/MND is the appropriate environmental document.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1. Findings.
That based on the entirety of the record before it,which includes without limitation,the California
Environmental Quality Act,Public Resources Code §21000,et seq.(“CEQA”)and the CEQA Guidelines,14
California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR;
the South San Francisco Municipal Code;the Project applications;the Project Plans,as prepared by AMZ
Engineering,dated April 29,2019;the Clear Channel Billboard Project and Related Zoning Amendment Initial
Study/Mitigated Negative Declaration,including all appendices thereto;all site plans,and all reports,minutes,
and public testimony submitted as part of the Planning Commission’s duly noticed January 16,2020 meeting,
and Planning Commission deliberations;all site plans,and all reports,minutes,and public testimony submitted
as part of the City Council’s duly noticed June 9,2021 meeting,and City Council deliberations;and any other
evidence (within the meaning of Public Resources Code §21080(e)and §21082.2),the City Council of the City
of South San Francisco hereby finds as follows:
A.The foregoing recitals are true and correct and made a part of this Ordinance.
B.The proposed Development Agreement (attached as Exhibit A)is incorporated by reference and made a
part of this Ordinance, as if set forth fully herein.
C.The documents and other material constituting the record for these proceedings are located at the
Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080,
and in the custody of the Planning Manager.
D.The Owner and City have negotiated a Development Agreement pursuant to Government Code section
65864 et seq.The Development Agreement,attached hereto as Exhibit A,sets for the duration,property,
project criteria,and other required information identified in Government Code section 65865.2.Based on
the findings in support of the Project,the City Council finds that the Development Agreement,vesting a
project for a new digital billboard,is consistent with the objectives,policies,general land uses and
programs specified in the South San Francisco General Plan and any applicable zoning regulations.
E.The City Council has independently reviewed the proposed Development Agreement,the General Plan,
the South San Francisco Municipal Code,and applicable state and federal law,including Government Code
section 65864,et seq.,and has determined that the proposed Development Agreement complies with all
applicable zoning,subdivision,and building regulations and with the General Plan.The development
contemplated in the Project and Development Agreement is consistent with the Zoning standards.This
finding is based upon all evidence in the Record as a whole,including,but not limited to:the City Council’s
independent review of these documents,oral and written evidence submitted at the public hearings on the
Project, including advice and recommendations from City staff.
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F.The proposed Development Agreement for the Project states its specific duration.This finding is based
upon all evidence in the Record as a whole,including,but not limited to:the City Council’s independent
review of the proposed Development Agreement and its determination that Section 2 of the Development
Agreement states that the Development Agreement shall expire thirty (30)years from the effective date of
this Ordinance.
G.The proposed Development Agreement incorporates the permitted uses,density and intensity of use for
the property subject thereto,as reflected in the proposed Project (P19-0043),Development Agreement
(DA19-0001),and Relocation Agreement.This finding is based upon all evidence in the Record as a whole,
including,but not limited to,the City Council’s independent review of the proposed Development
Agreement and its determination that the Development Agreement sets forth the Project approvals,
development standards, and the documents constituting the Project.
H.The proposed Development Agreement states the maximum permitted height and size of proposed sign
structures on the property subject thereto.This finding is based upon all evidence in the Record as a whole,
including,but not limited to,the City Council’s independent review of the proposed Development
Agreement and its determination that the Development Agreement sets forth the documents which state the
maximum permitted height and size of sign structures.
I.The proposed Development Agreement states specific provisions for reservation or dedication of land
for public purposes.This finding is based on all evidence in the Record as a whole,including but not
limited to the City Council’s independent review of the Development Agreement.
SECTION 2.Approval of Development Agreement.
A.The City Council of the City of South San Francisco hereby approves the Development Agreement with
Clear Channel Outdoor LLC attached hereto as Exhibit A and incorporated herein by reference.
B.The City Council further authorizes the City Manager to execute the Development Agreement,on
behalf of the City,in substantially the form attached as Exhibit A,and to make revisions to such Agreement,
subject to the approval of the City Attorney,which do not materially or substantially increase the City’s
obligations thereunder.
SECTION 3.Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other
persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end,
provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby
declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase
hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4.Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared
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Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared
by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to
be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified
copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1)
publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance
along with the names of those City Council members voting for and against this Ordinance or otherwise voting.
This Ordinance shall become effective thirty (30) days from and after its adoption.
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Recording Requested By:
CITY OF SOUTH SAN FRANCISCO
When Recorded Mail To:
CITY OF SOUTH SAN FRANCISCO
400 Grand Avenue
South San Francisco, CA 94083
Attn: City Clerk
Mail Tax Statements To:
Clear Channel Outdoor, LLC
2325 East Camelback Road, Suite 400
Phoenix, AZ 85016
Attn: General Counsel
(Space above this line for Recorder’s use)
This instrument is exempt from recording fees pursuant to Government Code Sec. 27383.
Documentary Transfer Tax is $ 0.00 (exempt per Rev. & Taxation Code Sec. 11922, Transfer to
Municipality).
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND
CLEAR CHANNEL OUTDOOR, LLC
FOR
CLEAR CHANNEL DIGITAL BILLBOARD
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Development Agreement
Clear Channel Outdoor
__________, 2021
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT is dated as of _______________, 2021 (“Agreement”) and
is entered into between: (i) CLEAR CHANNEL OUTDOOR, LLC., a Delaware limited liability company
(“Clear Channel”) and (ii) the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized
and existing under the laws of the State of California (the “City”). Clear Channel and the City are
sometimes collectively referred to herein as “Parties.”
R E C I T A L S
A. WHEREAS, California Government Code (“Government Code”) Sections 65864 through 65869.5
authorize the City to enter into binding development agreements with persons having legal or
equitable interests in real property for the development of such property or on behalf of those persons
having same; and,
B. WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules and
regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code (“Municipal
Code”), establishing procedures and requirements for adoption and execution of development
agreements; and,
C. WHEREAS, this Agreement concerns the property located at 345 Shaw Road (APN 015-165-050)
(“Property”) as identified and more fully described in attached Exhibit A ; and,
D. WHEREAS, Section 5412 of the Outdoor Advertising Act (Bus. & Profs. Code,§ 5200 et seq)
encourages local governments and owners of billboards to enter into relocation agreements,
pursuant to which local governments can continue development in a planned manner without
expenditure of public funds, while allowing the continued maintenance of private investment
and a medium of public communication; and,
E. WHEREAS, Clear Channel has a legal or equitable interest in the Property; and,
F. WHEREAS, Clear Channel has submitted a development proposal to the City that would permit
Clear Channel to construct, operate, repair, and maintain an off -premise digital message center
display including digital displays, supporting structures, service ladders, underground utilities ,
fixture connections, electrical supply and connections, panels, signs, lights, electronics, copy
and any additional equipment, appurtenances, and accessories necessary for the operation of the
digital message center display ("Digital Billboard"), the specifications of which are set forth
in Exhibit B, at the Property ("Digital Billboard Project"); and,
G. WHEREAS, Clear Channel will enter into a separate relocation agreement with the City
(“Relocation Agreement”) for the removal/relocation of an existing billboard, which is identified
in Exhibit C (“Removed Billboard”); and,
H. WHEREAS, The City and Clear Channel agree and acknowledge that the outdoor advertising sign
relocation contemplated by the Digital Billboard Project complies with, and serves the purposes
enumerated in, Business & Professions Code sections 5200 et seq. (the “California Outdoor
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Development Agreement
Clear Channel Outdoor
__________, 2021
Advertising Act”), including, but not limited to, planned development for the public benefit, in
Sections 5412 and 5443.5 thereof; and,
I. WHEREAS, the Digital Billboard Project is contingent upon approvals from the California
Department of Transportation (“CalTrans”); and,
J. WHEREAS, Clear Channel shall take down the Removed Billboard prior to commencing live
operations of the Digital Billboard Project; and,
K. WHEREAS, in -lieu of Clear Channel removing sufficient existing billboards in order to satisfy
the 2:1 removal -to-placement ratio requirement, as set forth in the City's Zoning Code section
20.360.002.A.6.b, Clear Channel has elected to make an in-lieu payment to the City in order to
promote the public health, safety, and welfare of the City in accordance with section
20.360.002.A.6.b; and,
L. WHEREAS, Clear Channel and the City seek to enter into this Agreement to set forth the rights and
obligations of the Parties relating to the development of the Property; and,
M. WHEREAS, all proceedings necessary for the valid adoption and execution of this Agreement have
taken place in accordance with Government Code Sections 65864 through 65869.5, the California
Environmental Quality Act (“CEQA”), and Chapter 19.60 of the Municipal Code; and,
N. WHEREAS, the City Council and the Planning Commission have found that this Agreement is
consistent with the objectives, policies, general land uses, and programs specified in the South San
Francisco General Plan as adopted on October 13, 1999 and as amended from time-to-time; and,
O. WHEREAS, the City Council and the Planning Commission have found, based on substantial
information in the administrative record, that: this Agreement is in the best public interest of
the City and its residents; adopting this Agre ement constitutes a present exercise of the City's
police power; that the Digital Billboard Project is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property is located; and that
the terms of the Agreement are in conformity with, and will not be detrimental to, the public's
health, safety, convenience, and general welfare. This Agreement and the Digital Billboard
Project will achieve a number of City objectives including the elimination o f non-conforming
signage, and facilitation of the orderly development, relocation, and distribution of existing
displays to more appropriate locations within the City, while allowing for the incorporation of
modern technology into relocated displays that, in part, provide the City with a means of
advertising the City, its events, and public service announcements; and,
P. WHEREAS, on _______, 2021, the City Planning Commission recommended the adoption of
Ordinance No._____ approving and adopting this Agreement after a duly noticed public
hearing; and,
Q. WHEREAS, on _______, 2021, the City Council, after a duly noticed public hearing, adopted
Ordinance No. ___________approving and adopting this Agreement and the Ordinance thereafter
took effect on ____________, 2021; and,
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Development Agreement
Clear Channel Outdoor
__________, 2021
R. WHEREAS, the City finds and determines that all actions required of City precedent to the
approval of this Agreement by Ordinance No. _________of the City Council have been duly
and regularly taken; and,
S. WHEREAS, in exchange for the benefits to the City described in the Agreement together with
other public benefits that will result from the development of the Digital Billboard Project,
Clear Channel will receive by this Agreement ass urance that it may proceed with the Digital
Billboard Project in accordance with the Digital Billboard Project Approvals, as defined below,
and therefore desires to enter into this Agreement.
A G R E E M E N T
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code
Sections 65864 through 65869.5 and Chapter 19.60 of the Municipal Code and in consideration of the
mutual covenants and agreements contained herein, agree as follows:
1. Effective Date
Pursuant to Section 19.60.140 of the Municipal Code, notwithstanding the fact that the City Council
adopts an ordinance approving this Agreement, this Agreement shall be effective and shall only
create obligations for the Parties from and after the date that the ordinance approving this
Agreement takes effect (the “Effective Date”).
2. Duration
This Agreement shall be in effect for an initial term, commencing on the Effective Date and ending
on the date which is thirty (30) years after the Commencement Date (as hereinafter defined). The
“Commencement Date” is the first calendar day of the month following the date on which all of
the following have occurred: (a) this Agreement is fully executed and effective; (b) the
Relocation Agreement is fully executed and effective; (c) Clear Channel has obtained all local
and state governmental permits and approvals and any other required permits and approvals for
the Digital Billboard Project, including but not limited to the Digital Billboard Project Approvals
as defined in Section 3 (a) below, (collectively, “Permits”); and (d) the Digital Billboard is fully
operational with a permanent power supply. This Agreement may be terminated by Clear Channel
if the following occurs: (1) Clear Channel loses its legal or equitable interest in the Property, (2) In
Clear Channel’s reasonable discretion, Clear Channel is unable to obtain or maintain any required
Permit for the Digital Billboard Project, (3) a legal challenge to the Project Approvals or the Digital
Billboard Project, including without limitation a Project Approval Challenge as defined in Section
20, (4) a significant obstruction of a display face on the Digital Billboard occurs due to a
circumstance beyond Clear Channel’s control, or (5) Clear Channel is prevented by law or
government order or action from constructing, operating, repairing or maintaining the Digital
Billboard, or otherwise implementing the Project, including but not limited to, the failure of
government agencies to issue all approvals or a governmental agency’s decision to condemn the
Property.
Upon expiration or early termination of this Agreement, Clear Channel shall, at its sole cost
and expense, remove the above -ground portions of the Digital Billboard Project within ninety
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Development Agreement
Clear Channel Outdoor
__________, 2021
(90) days, unless Clear Channel and City have entered into a subsequent written agreement,
upon terms mutually acceptable to both Parties, that allows the Digital Billboard Project to
remain.
3. Project Description for the Digital Billboard Project; Development Standards for Digital
Billboard Project
The Digital Billboard Project shall consist of the construction, operation, repair and maintenance
of the Digital Billboard, the specifications of which are set forth in Exhibit B, and shall be located
at the Property.
(a) The permitted use, the design, the maximum height, location, and total area of the Digital
Billboard, and all environmental impact mitigation measures imposed as approval
conditions for the Project shall be exclusively those provided in this Agreement, the
Relocation Agreement as set forth in Exhibit C, and Negative Declaration No. ND12-
0002 (the “IS/NMD”) as set forth in Exhibit D to this Agreement, and the applicable laws
in effect as of the Effective Date (including, but not limited to, the applicable
provisions of the City's General Plan, Municipal Code, and all other City resolutions,
codes, rules, laws, regulations, and policies governing topics that include without
limitation the height, location, size, bulk, area, design, improvement and construction
standards of billboards and public utilities in effect as of the Effective Date), except
as modified in this Agreement (hereafter and collectively the "Digital Billboard
Project Approvals").
(b) The use permitted by this Agreement is for a digital billboard as defined in Section
20.360.015(1) of the South San Francisco Municipal Code, and the Digital Billboard
Project Approvals provide that the maximum height of the Digital Billboard is eighty
(80) feet and that the maximum surface area for each display panels is limited to
seventeen feet seven inches (17’,7”) in height by fifty nine (59 ’) feet in width.
(c) Subject to Clear Channel’s fulfillment of its obligations under this Agreement and the
Relocation Agreement being effective, upon the Effective Date of this Agreement, the
City hereby grants to Clear Channel a vested right to develop and construct on the Property
all the improvements for the Digital Billboard Project authorized by, and in accordance
with the Digital Billboard Project Approvals and the terms of this Agreement and the
Relocation Agreement.
(d) Except as authorized by this Agreement, upon such grant of right, no future amendments
to the City’s General Plan, the City Zoning Code, the Municipal Code, or other City
ordinances, policies or regulations, adopted or otherwise in effect as of the Effective Date
shall apply to the Digital Billboard Project, except such existing ordinances, policies,
planning documents, codes, rules, laws, resolutions or regulations, adopted or otherwise
in effect after the Effective Date and such future modifications (if any) that are not in
conflict with and do not prevent or materially inhibit the development or operation of the
Digital Billboard Project; provided, however, that nothing in this Agreement shall prevent
or preclude the City from adopting any land use regulations or amendments expressly
permitted herein or otherwise required by State or Federal Law.
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Development Agreement
Clear Channel Outdoor
__________, 2021
4. Building Permits for Digital Billboard Project
City staff review of applications for building permits shall be limited to determining whether the
following conditions are met:
(a) Clear Channel has complied with (1) the conditions and design of the Digital Billboard
Project as specified in the City Council’s approval of the Digital Billboard Project and the
final, non-appealable (with no appeal having been filed) Digital Billboard Project
Approvals, (2) all applicable provisions of the Uniform Codes (i.e. building, fire, and
electric codes) incorporated into the City’s Municipal Code, (4) the applicable
requirements of the Municipal Code and CEQA requirements (including any required
mitigation measures as set forth in the IS/MND), (4) any other applicable Federal and State
laws, as modified and/or clarified pursuant to this Agreement where applicable, and as
each of the foregoing are applicable to the issuance of building permits; and,
(b) All applicable processing, administrative and legal fees have been paid subject to the
provisions of this Agreement; and,
(c) Clear Channel has demonstrated through proper documentation that it has proper and
sufficient legal and/or equitable interests in the Property to effectuate the Digital Billboard
Digital Billboard Project in accordance with the terms of this Agreement.
Notwithstanding anything in this Section 4, the City agrees that the issuance of a building permit
is not a discretionary decision triggering further CEQA review of the Digital Billboard Project, and
that the above provisions of this Agreement pertaining to building permit issuance shall not be
interpreted to require discretionary review or further CEQA review, but that staff are limited to
determining, ministerially, whether the conditions and building standards in the foregoing
subsections, entitlements and regulations have been satisfied. Upon obtaining a City Building
permit, Clear Channel shall diligently pursue the obtainment of all Caltrans/state permits and
approvals.
5. Vesting of Approvals
Except as provided in this Agreement and subject to Clear Channel’s fulfillment of its obligations
under this Agreement, and the Relocation Agreement being effective, upon the City’s approval of
the Digital Billboard Project, Clear Channel and its successors and assigns shall have a vested right
in the Digital Billboard Project Approvals for the term of this Agreement, provided that any such
successors and assigns comply with the terms and conditions of this Agreement.
6. Cooperation between Parties in Implementation of This Agreement
It is the Parties’ express intent to cooperate with one another and diligently work to implement all
land use and building approvals for development of the Digital Billboard Project in accordance
with the terms of this Agreement. Accordingly, Clear Channel and the City shall proceed in a
reasonable and timely manner, in compliance with the deadlines mandated by applicable
agreements, statutes or ordinances, to complete all steps necessary for implementation of this
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Development Agreement
Clear Channel Outdoor
__________, 2021
Agreement and development of the Digital Billboard Project in accordance with the terms of this
Agreement. The City shall proceed, and shall cause its planners, engineers and other consultants
to proceed, in an expeditious manner to complete all City actions required for the approval and
development of the Digital Billboard Project, including, but not limited to, the following:
(a) Scheduling all required public hearings by the City Council and City Planning
Commission; and
(b) Processing and checking all maps, plans, permits, building plans and specifications and
other plans relating to development and/or improvement of the Property filed by Clear
Channel or its nominee, successor or assign as necessary for development of the Digital
Billboard Project; and
(c) Inspecting and providing acceptance of or comments on all work by Clear Channel that
requires acceptance or approval by the City; and
(d) Providing any necessary documents within the City’s possession or preparing documents
or written consents that are, in the City’s sole discretion, reasonably necessary for Clear
Channel to secure approvals for the Digital Billboard from other public agencies, such as
Caltrans. Notwithstanding the foregoing, this provision is not intended to restrict the
City’s discretion in considering or evaluating the Digital Billboard Project Approvals.
Clear Channel shall provide or submit, and shall cause its planners, engineers and other consultants
to provide or submit, to the City in a timely manner all documents, applications, plans and other
information necessary for the City to carry out its obligations hereunder. Clear Channel shall make
a deposit as determined by the City and shall pay all of the City’s staff, legal and consultants costs
incurred in implementing this section. Notwithstanding the foregoing, the parties understand and
agree that the ultimate responsibility to obtain the required Approvals and state permits and
approvals are the sole obligations and burdens of Clear Channel.
7. Fees and Taxes
(a) Clear Channel shall pay customary permit fees and any applicable gross receipts business
license tax, in the event the City enacts such a tax. No additional fees, mitigations,
conditions, exactions, dedications, fees or otherwise, whether adopted through the exercise
of police power, the taxing power or any other authority, shall be imposed by the City with
respect to the construction, operation, repair or maintenance of the Digital Billboard except
as provided for herein. Notwithstanding anything to the contrary, no fee or permit shall be
required for any change of copy, or customary, routine maintenance in connection with the
Digital Billboard.
(b) For and in consideration of the mutual rights and responsibilities provided in this
Agreement, as long as Clear Channel operates such Digital Billboard faces, Clear Channel
agrees to pay the City the annual amount of fifty one thousand dollars ($51,000) per Digital
Billboard face per year (“Annual Payment”), payable on the first business day of the month
following the Commencement Date and on the anniversary of such date each succeeding
year. At the conclusion of the first five (5) years of the Annual Payment, the Annual
Payment will increase by fifteen percent (15%) and will continue to increase by fifteen
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Clear Channel Outdoor
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percent (15%) every five (5) years until the earlier of the expiration of this Agreement or
the date upon which this Agreement or the Relocation Agreement is terminated. If the City
ever adopts a gross receipts tax, Clear Channel’s annual payment of such gross receipts tax
shall be deducted from this Annual Payment obligation. In the event Clear Channel’s
annual payment of the City’s gross receipts tax is less than Annual Payment, Clear Channel
shall pay the remainder to the City, resulting in an annual payment to the City of not less
than the Annual Payment for the Digital Billboard as illustrated below:
If the Annual Payment equals $102,000 and the gross receipts tax obligation equals
$20,000, Clear Channel will pay the City $20,000 for the gross receipts tax obligation and
$82,000 for the Annual Payment obligation for a total payment of $102,000.
In the event Clear Channel ceases to operate a Digital Billboard face due to (1) the loss of
Clear Channel’s legal or equitable interest in the Property, (2) the failure to obtain or
maintain any required Permit for the Digital Billboard or the Digital Billboard Project, (3)
a legal challenge to the Digital Billboard Project Approvals, or the Digital Billboard
Project, including without limitation a Project Approval Challenge as defined in Section
20, (4) a significant obstruction of Digital Billboard face occurs which is beyond Clear
Channel’s control, or (5) Clear Channel is prevented by law or government order or action
from constructing, operating, or maintaining the Digital Billboard or otherwise
implementing the Project, including but not limited to the failure of government agencies
to issue all approvals or a government agency’s decision to condemn the Property, the
Annual Payment for such face shall cease and no further amounts shall be due or payable
by Clear Channel to the City with respect to such face after such date under this Section
8(b). In the event Clear Channel elects in its sole discretion under the Relocation
Agreement to replace a Digital Face on the Digital Billboard with a printed billboard face
beyond those four reasons enumerated above, Clear Channel’s obligation to pay the full
Annual Payment ($102,000 per year) shall continue.
(c) For and in consideration of the mutual rights and responsibilities provided in this
Agreement and the Relocation Agreement, Clear Channel agrees to pay the City a one-
time non-refundable payment of one hundred and forty thousand dollars ($140,000.00),
payable within one hundred and eighty (180) days of the Commencement Date.
(d) In-lieu of Clear Channel removing sufficient existing billboards in order to satisfy the 2:1
removal-to-placement ratio requirement, as set forth in the City's Zoning Code section
20.360.002.A.6.b, Clear Channel has elected to and shall provide the City with a one-time
payment of five hundred fifty thousand dollars ($550,000.00), in-lieu of removal of two
billboard faces in order to promote the public health, safety, and welfare of the City in
accordance with section 20.360.002.A.6.b. Such payment will be made prior to the
Commencement Date but provided that the conditions precedent for the Commencement
Date have occurred (i.e. completion of construction of the Digital Billboard Project so that
it is fully operational and capable of displaying digital advertising and connected to a
permanent power supply, with all final Approvals having been obtained).
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Clear Channel Outdoor
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(e) Notwithstanding anything to the contrary, any sums already paid to the City by Clear
Channel during the year in which early termination or expiration has occurred shall be final
and Clear Channel shall not be entitled to any reimbursement for those sums.
8. Additional Conditions
(a) Community Service Messages. Clear Channel will provide the City with free display time
on the Digital Billboard for advertising City-sponsored events announcements and non-
commercial public service announcements to promote the civic interests of the City
("Community Service Messaging") as follows: consistent with and as further described
in the terms of the Relocation Agreement, the City shall be guaranteed, for purposes of
Community Service Messaging, one (1) advertising spot lasting no more than eight (8)
seconds in the standard rotation of eight (8) spots on one (1) digital display face, where
such Community Service Messaging shall be so displayed for two (2) weeks in duration
("Two-Week Advertising Spot"). The City shall be limited to one (1) Two-Week
Advertising Spot for each calendar quarter.
(b) Sign Design. The architecture of the Digital Billboard will be constructed substantially in
conformance with the design depicted in attached Exhibit B.
(c) City Sign Regulations. Subject to the vested rights acquired by Clear Channel in this
Agreement, including but not limited to those vested right articulated in paragraphs 3.b and
5, the Digital Billboard will be consistent with City ordinances and regulations governing
outdoor signs in all respects, except in relation to the exceptions articulated in this
Agreement.
9. Indemnity
(a) Clear Channel agrees to indemnify, defend and hold harmless the City and its elected
and appointed councils, boards, commissions, officers, agents, employees and
representatives (collectively, "City Indemnitees") from any and all claims, costs
(including reasonable legal fees and costs) and liability for any personal injury, death
or property damage (collectively, "Claims") resulting from any actions or inactions by
Clear Channel, or any actions or inactions of Clear Channel's contractors,
subcontractors, agents or employees, in connection with the construction,
improvement, operation or maintenance of the Digital Billboard Project, provided that
Clear Channel shall have no indemnification obligation with respect to any such
Claims (i) to the extent such Claims are solely attributable to the sole or gross
negligence or willful misconduct of any City Indemnitee, (ii) to the extent arising out
of or in connection with the maintenance, use or condition of any public improvement
after the time it has been dedicated to and accepted by the City or another public entity
(except as otherwise provided in an improvement agreeme nt or maintenance bond, if
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Clear Channel Outdoor
__________, 2021
applicable); or (iii) to the extent arising out of the City's use of Community Services
Messages under Section 8 of this Agreement.
The Parties' obligations under this Section 10 shall survive the expiration or earlier
termination of this Agreement and shall be independent of any other applicable
indemnity agreements.
10. Assignment
(a) Right to Assign. Clear Channel may at any time or from time to time transfer its right, title
or interest in or to all or any portion of the Property. In accordance with Government Code
Section 65868.5, with respect to either the Property or the Digital Billboard, the burdens
of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to,
all successors in interest to Clear Channel as owners of all or any portion of Clear Channel’s
interest in the respective Property. As a condition precedent to any such transfer, Clear
Channel shall require the transferee to acknowledge in writing that transferee has been
informed, understands and agrees that the burdens and benefits under this Agreement
relating to such transferred property shall be binding upon and inure to the benefit of the
transferee.
(b) Notice of Assignment or Transfer. No transfer, sale or assignment of Clear Channel’s
rights, interests and obligations under this Agreement with respect to the Property or the
Digital Billboard shall occur without prior written notice to the City and approval by the
City Manager, which approval shall not be unreasonably withheld, conditioned or delayed.
The City Manager shall consider and decide the matter within ten (10) days after receipt of
Clear Channel’s notice, provided all reasonably necessary documents, certifications and
other information are provided to the City Manager.
(c) Exception for Notice. Notwithstanding Section 10(b), Clear Channel may at any time,
upon notice to the City but without the necessity of any approval by the City, transfer its
interest in the Property or the Digital Billboard or any part thereof and all or any part of
Clear Channel’s rights, interests and obligations under this Agreement to: (i) any
subsidiary, affiliate, parent or other entity which controls, is controlled by or is under
common control with Clear Channel, (ii) any member or partner of Clear Channel or any
subsidiary, parent or affiliate of any such member or partner, or (iii) any successor or
successors to Clear Channel by merger, acquisition, consolidation, non-bankruptcy
reorganization or government action. As used in this subsection, “control” shall mean the
possession, directly or indirectly, of the power to direct or cause the direction of
management or policies, whether through the ownership of voting securities, partnership
interest, contracts (other than those that transfer Clear Channel’s interest in the Property to
a third party not specifically identified in this subsection) or otherwise.
(d) Release upon Transfer. Upon the transfer, sale or assignment of all of Clear Channel’s
rights, interests and obligations under this Agreement pursuant to Section 10(a), Section
10(b) and/or Section 10(c) of this Agreement (as applicable), Clear Channel shall be
released from all obligations under this Agreement, with respect to the interests, including
the Property and Digital Billboard, transferred, sold or assigned, to the extent such
obligations arise subsequent to the date of the City Manager’s approval of such transfer,
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sale or assignment or the effective date of such transfer, sale or assignment, whichever
occurs later; provided, however, that if any transferee, purchaser or assignee approved by
the City Manager expressly assumes any right, interest or obligation of Clear Channel
under this Agreement, Clear Channel shall be released with respect to such rights, interests
and assumed obligations. In any event, the transferee, purchaser or assignee shall be
subject to all the provisions hereof and shall provide all necessary documents, certifications
and other reasonably necessary information prior to City Manager approval.
(e) Clear Channel’s Right to Retain Specified Rights or Obligations. Notwithstanding Section
10(a), Section 10(c) and Section 10(d), Clear Channel may withhold from a sale, transfer
or assignment of this Agreement certain rights, interests and/or obligations which Clear
Channel shall retain, provided that Clear Channel specifies such rights, interests and/or
obligations in a written document to be appended to or maintained with this Agreement
and recorded with the San Mateo County Recorder prior to or concurrently with the sale,
transfer or assignment of the Property. Clear Channel’s purchaser, transferee or assignee
shall then have no interest in or obligations for such retained rights, interests and
obligations and this Agreement shall remain applicable to Clear Channel with respect to
such retained rights, interests and/or obligations.
(f) Time for Notice. Within ten (10) days of the date escrow closes on any such transfer, Clear
Channel shall notify the City in writing of the name and address of the transferee. Said
notice shall include a statement as to the obligations, including any mitigation measures,
fees, improvements or other conditions of approval, assumed by the transferee. Any
transfer which does not comply with the notice requirements of this Section 10(f) and of
Section 10(b) shall not release Clear Channel from its obligations to the City under this
Agreement until such time as the City is provided notice in accordance with Section 10(b).
11. Insurance
(a) General Liability Insurance . During the term of this Agreement, Clear Channel shall
maintain commercial general liability insurance with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than Five Million
Dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit. The general liability policy so maintained by Clear Channel shall be primary and
non-contributory and be endorsed using Insurance Services Office form CG 20 10 to
provide that City and its officers, officials, employees, and agents shall be additional
insureds under such policy.
(b) Workers' Compensation Insurance. During the term of this Agreement, Clear Channel
shall maintain Workers ' Compensation insurance for all of Clear Channel 's employees
working at the Digital Billboard Project site as long as Clear Channel continues to
operate the Digital Billboard. In addition, Clear Channel shall require each contractor
and subcontractor engaged by Clear Channel for work at the Digital Billboard Project
site to provide Workers' Compensation i nsurance for its respective employees working
at the Project site.
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(c) Evidence of Insurance. Prior to City Council approval of this Agreement, Clear
Channel shall furnish the City satisfactory evidence of the insurance required in
Sections 11(a) and 11(b) and evidence that the carrier will endeavor to give the City
thirty (30) days' (ten (10) days for non -payment of premium) prior written notice in
the event coverage is substantially changed, canceled, or non -renewed. Further, an
endorsement must be attached to all policies stating that cove rage is primary insurance
with respect to the City and its officers, officials, employees and volunteers, and that
no insurance or self -insurance maintained by the City shall be called upon to contribute
to a loss under the coverage with respect to the lia bilities assumed by Clear Channel
under this Agreement.
i. During the term of this Agreement, in the event of a reduction (below the limits
required in this Agreement) or cancellation in coverage, Clear Channel shall,
prior to such reduction or cancellation, provide at least ten (10) days prior written
notice to the City, regardless of any notification by the applicable insurer. If the
City discovers that the policies have been cancelled or reduced below the limits
required in this Agreement and that neither the insurer nor Clear Channel has
provided prior notice to the City as required under this Agreement, said failure
shall constitute a material breach of this Agreement.
ii. During the term of this Agreement, in the event of a reduction (below the limits
required by this Agreement) or cancellation in coverage,
Clear Channel shall have five (5) days in which to provide evidence of the
required coverage being reinstated or replaced, during which time no persons
shall enter the Properties to construct improvements thereon, including
construction activities related to the landsc aping and common improvements.
iii. If Clear Channel fails to obtain reinstated or replacement coverage within five
(5) days as required under the preceding subparagraph, the City may obtain, but
is not required to obtain, substitute coverage and charge Clear Channel the cost
of such coverage plus an administrative fee equal to ten percent (10%) of the
premium for said coverage.
12. Covenants Run with the Land
The terms of this Agreement are legislative in nature and apply to Clear Channel’s interest in the
Property and Digital Billboard as regulatory ordinances. During the term of this Agreement, all of
the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained
in this Agreement shall run with the land and shall be binding upon the Parties and their respective
heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators,
representatives, lessees and all other persons or entities acquiring Clear Channel’s interest in the
Property, the Digital Billboard, any lot, parcel or any portion thereof, and any interest therein,
whether by sale, operation of law or other manner, and they shall inure to the benefit of the Parties
and their respective successors.
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13. Conflict with State or Federal Law
In the event that State or Federal laws or regulations enacted after the Effective Date prevent or
preclude compliance with one or more provisions of this Agreement, such provisions of this
Agreement shall be modified (in accordance with Section 14 set forth below) or suspended as may
be necessary to comply with such State or Federal laws or regulations. Notwithstanding the
foregoing, Clear Channel shall have the right to challenge, at its sole cost, in a court of competent
jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if
the challenge in a court of competent jurisdiction is successful, this Agreement shall remain
unmodified and in full force and effect.
14. Procedure for Modification Because of Conflict with State or Federal Laws
In the event that State or Federal laws or regulations enacted after the Effective Date prevent or
preclude compliance with one or more provisions of this Agreement or require changes in plans,
maps or permits approved by the City, the Parties shall meet and confer in good faith in a reasonable
attempt to modify this Agreement to comply with such State or Federal law or regulation. Any
such amendment or suspension of this Agreement shall be approved by the City Council in
accordance with Chapter 19.60 of the Municipal Code.
15. Periodic Review
(a) During the term of this Agreement, the City shall conduct “annual” and/or “special” reviews
of Clear Channel’s good faith compliance with the terms and conditions of this Agreement
in accordance with the procedures set forth in Chapter 19.60 of the Municipal Code. The
City may recover reasonable costs incurred in conducting said review, including staff time
expended and attorneys’ fees.
(b) The director of community development shall give Clear Channel thirty (30) calendar
days' advance notice of annual review or special review, by placing such notice to the
developer into the U.S. Mail, first class, postage prepaid, and addressed to Clear
Channel.
(c) At least five (5) calendar days prior to any hearing on any annual or special review, the City
shall mail Clear Channel a copy of all staff reports and, to the extent practical, related
exhibits. Clear Channel shall be permitted an opportunity to be heard orally or in writing
regarding its performance under this Agreement before the City Council or, if the matter is
referred to the Planning Commission, then before said Commission. Following completion
of any annual or special review, the City shall give Clear Channel a written Notice of Action,
which Notice shall include a determination, based upon information known or made known
to the City Council or the City’s Planning Director as of the date of such review, whether
Clear Channel is in default under this Agreement. If the City finds and determines on the
basis of the evidence given that Clear Channel has complied in good faith with the terms
and conditions of the agreement during the period under review, the review for that
period shall be concluded. If Clear Channel is determined to not be in good faith
compliance with the terms of this Agreement and the Notice of Action includes a
determination that Clear Channel is in default, the City shall specify the alleged nature
of the default, set forth suggested or potential actions that the City may take if such
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default is not cured; otherwise, the provisions of Sections 18 and 19 shall govern the
Parties' rights.
16. Amendment or Cancellation of Agreement
This Agreement may be further amended or terminated only in writing and in the manner set forth
in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter 19.60 of the
Municipal Code; and provided that this Agreement may be terminated by Clear Channel if Clear
Channel no longer is operating the Digital Billboard due to the reasons enumerated in Section 7(b)
above. Upon expiration or early termination of this Agreement, Clear Channel shall, at its sole
cost and expense, remove the above -ground portions of the Digital Billboard Project within
ninety (90) days, unless Clear Channel and City have entered into a subsequ ent written
agreement, upon terms mutually acceptable to both Parties, that allows the Digital Billboard
Project to remain.
17. Agreement is Entire Agreement
This Agreement, the Relocation Agreement, and all exhibits attached hereto or incorporated herein
contain the sole and entire agreement between the Parties concerning Clear Channel’s entitlements
to develop and improve the Property, and construct, operate, repair, and maintain the Digital
Billboard. This document supersedes all prior or contemporaneous agreements, representations,
and negotiations (written, oral, express or implied) and this Agreement may be modified only in
accordance with Section 16 of this Agreement. The Parties acknowledge and agree that neither of
them has made any representation with respect to the subject matter of this Agreement or any
representations inducing the execution and delivery hereof, except representations set forth herein,
and each Party acknowledges that it has relied on its own judgment in entering this Agreement.
The Parties further acknowledge that all statements or representations that heretofore may have
been made by either of them to the other are void and of no effect, and that neither of them has
relied thereon in its dealings with the other.
18. Events of Default
A Party shall be in default under this Agreement upon the happening of one or more of the following
events (and the failure to cure after the expiration of the cure period in paragraph 19(e) below):
(a) If a warranty, representation or statement related to this Agreement or compliance
therewith made or furnished by such Party to the other Party in this Agreement that is false
or proves to have been false in any material respect when it was made; or,
(b) In the case of Clear Channel, a finding and determination by the City made following an
annual or special review under the procedure provided for in Government Code Section
65865.1 and Chapter 19.60 of the Municipal Code that, upon the basis of substantial
evidence, Clear Channel has not complied in good faith with the terms and conditions of
this Agreement or the Relocation Agreement is no longer in effect; or,
(c) Such Party fails to fulfill any of its obligations set forth in this Agreement and such failure
continues beyond the cure period provided in paragraph 19(e) below.
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19. Procedure upon Default; Legal Actions
(a) Upon the occurrence of an event of default (including expiration of the cure period in
paragraph (e) below), the non-defaulting Party may, at its option, institute legal
proceedings as provided below or may terminate this Agreement; provided, however, that
any such termination by the City shall occur only in accordance with the provisions of
Government Code Section 65865.1 and of Chapter 19.60 of the Municipal Code; and
provided further, a default under the provisions relating to the Digital Billboard Project
shall limit the non-defaulting Party to the option of terminating this Agreement.
(b) The City shall not be deemed to have waived any claim of defect in Clear Channel’s
performance if, on annual or special review, the City does not propose to terminate this
Agreement.
(c) No waiver or failure by either Party to enforce any provision of this Agreement shall be
deemed to be a waiver of any other provision of this Agreement or of any subsequent
breach of the same or any other provision.
(d) Any action for breach of this Agreement shall be decided in accordance with California
law. In the event that suit shall be brought by either party to this Agreement, the parties
agree that venue shall be vested exclusively in San Mateo County Superior Court, or,
where otherwise appropriate, exclusively in the United States District Court, Northern
District of California. Any Party may institute legal action to cure, correct or remedy any
default, to enforce any covenant or agreement herein, to enjoin any threatened or
attempted violation, or to enforce by specific performance the obligations and rights of
the parties hereto. Except as provided below, in no event shall the City or its elected or
appointed officials, directors, officers, members, partners, agents, employees or
representatives be liable in monetary damages for any breach or violation of this
Agreement, it being expressly understood and agreed that in addition to the right of
termination (at the option of the non-defaulting Party), the sole legal or equitable remedy
available to Clear Channel for a breach or violation of this Agreement shall be an action
in mandamus, specific performance, injunctive or declaratory relief to enforce the
provisions of this Agreement and any and all other available legal and equitable remedies,
including, without limitation, the right to reconstruct the Removed Billboards in their
existing or comparable location and the right to any monetary reimbursement in
connection with the loss of the Removed Billboards to the extent reconstruction is not
feasible.
(e ) A Party shall give the other Party written notice of any default by such other Party under
this Agreement, and the defaulting Party shall have thirty (30) business days after the date
of the notice to cure the default or to reasonably commence the procedures or actions
needed to cure the default; provided, however, that if such default is not capable of being
cured within such thirty (30) business day period but a cure is commenced within such
thirty (30) business day period, the defaulting Party shall have such additional time to
complete the cure as is reasonably necessary.
(f) In the event that either Party elects to terminate this Agreement due to default of the other
Party, then Clear Channel agrees that it shall remove the above-ground portions of the
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Digital Billboard Project within ninety (90) days from the date of termination, unless Clear
Channel and City have entered into a subsequent written agreement, upon terms mutually
acceptable to both Parties, that allows the Digital Billboard Project to remain.
20. Attorneys’ Fees and Costs
(a) Action by Party. If legal action by either Party is brought because of breach of this
Agreement or to enforce a provision of this Agreement, the prevailing Party is entitled to
reasonable attorneys’ fees and court costs.
(b) Action by Third Party. If any person or entity not a party to this Agreement initiates any
legal or equitable action or proceeding to challenge the validity of any provision of this
Agreement or the validity or implementation of the Digital Billboard Project Approvals or
of the IS/MND (“Project Approval Challenge”), the Parties shall promptly notify the
other Party of such claim and each party shall cooperate with the efforts of Clear Channel
to defend such action or proceeding. Clear Channel agrees to pay all reasonable costs and
expenses, including reasonable legal costs and reasonable attorney’s fees incurred in
connection therewith. The City will not voluntarily assist the opposing party in any such
claim or take any position adverse to Clear Channel in connection with such claim. In the
event of a Project Approval Challenge, Clear Channel shall have the option to return any
Digital Billboard face to a conventional non-digital display and the City shall not be
entitled to claim any lost revenues or damages as a result of such election by Clear Channel.
21. Severability
If any material term or condition of this Agreement is for any reason held by a final judgment of a
court of competent jurisdiction to be invalid, and if the same constitutes a material change in the
consideration for this Agreement, then either Party may elect in writing to invalidate this entire
Agreement, and thereafter this entire Agreement shall be deemed null and void and of no further
force or effect following such election.
22. No Third Parties Benefited
No person other than the City, Clear Channel, and their respective successors is intended to or shall
have any right or claim under this Agreement, this Agreement being for the sole benefit and
protection of the Parties and their respective successors. Similarly, no amendment or waiver of any
provision of this Agreement shall require the consent or acknowledgment of any person not a Party
or successor to this Agreement.
23. Binding Effect of Agreement
The provisions of this Agreement shall bind and inure to the benefit of the Parties originally named
herein and their respective successors and assigns.
24. Relationship of Parties
It is understood that this Agreement is a contract that has been negotiated and voluntarily entered
into by the City and Clear Channel and that Clear Channel is not an agent of the City. The Parties
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do not intend to create a partnership, joint venture or any other joint business relationship by this
Agreement. The City and Clear Channel hereby renounce the existence of any form of joint venture
or partnership between them, and agree that nothing contained herein or in any document executed
in connection herewith shall be construed as making the City and Clear Channel joint venturers or
partners. Neither Clear Channel nor any of Clear Channel’s agents or contractors are or shall be
considered to be agents of the City in connection with the performance of Clear Channel’s
obligations under this Agreement.
25. Bankruptcy
The obligations of this Agreement shall not be dischargeable in bankruptcy.
26. Mortgagee Protection: Certain Rights of Cure.
(a) Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent
or limit Clear Channel from encumbering the Property or any portion thereof or any
improvement thereon by any mortgage, deed of trust or other security d evice to
securing financing. The City acknowledges that the lenders providing such financing
may require certain Agreement modifications and City agrees upon request, from time
to time, to meet with Clear Channel and representatives of such lenders to negotiate in
good faith any such request for modification. This Agreement shall be superior and
senior to all liens placed upon the Property by Clear Channel or any portion thereof after
the date on which this Agreement or a memorandum of this Agreement is recorded with
the San Mateo County Recorder, including the lien of any deed of trust or mortgage
(“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, invalidate,
diminish or impair the lien of any Mortgage made in good faith and for value, but all of the
terms and conditions contained in this Agreement shall be binding upon and effective
against all persons and entities, including all deed of trust beneficiaries or mortgagees
(“Mortgagees”), who acquire title to Clear Channel’s interest in the Property or any portion
thereof by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise.
(b) Mortgagee Not Obligated. No foreclosing Mortgagee shall have any obligation or duty
under this Agreement to construct or complete the construction of any improvements
required by this Agreement, or to pay for or guarantee construction or completion thereof.
The City, upon receipt of a written request therefor from a foreclosing Mortgagee, shall
permit the Mortgagee to succeed to the rights and obligations of Clear Channel under this
Agreement, provided that all defaults by Clear Channel hereunder that are reasonably
susceptible of being cured are cured by the Mortgagee as soon as is reasonably possible.
The foreclosing Mortgagee thereafter shall comply with all of the provisions of this
Agreement.
(c) Notice of Default to Mortgagee. If the City receives notice from a Mortgagee requesting
a copy of any notice of default given to Clear Channel hereunder and specifying the address
for service thereof, the City shall deliver to the Mortgagee concurrently with service thereof
to Clear Channel, all notices given to Clear Channel describing all claims by the City that
Clear Channel has defaulted hereunder. If the City determines that Clear Channel is in
noncompliance with this Agreement, the City also shall serve notice of noncompliance on
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the Mortgagee, concurrently with service thereof on Clear Channel. Until such time as the
lien of the Mortgage has been extinguished, the City shall:
i. Take no action to terminate this Agreement or exercise any other remedy under
this Agreement, unless the Mortgagee shall fail, within thirty (30) days of receipt
of the notice of default or notice of noncompliance, to cure or remedy or commence
to cure or remedy such default or noncompliance; provided, however, that if such
default or noncompliance is of a nature that cannot be remedied by the Mortgagee
or is of a nature that can only be remedied by the Mortgagee after such Mortgagee
has obtained possession of and title to the Property, by deed-in-lieu of foreclosure
or by foreclosure or other appropriate proceedings, then such default or
noncompliance shall be deemed to be remedied by the Mortgagee if, within
ninety (90) days after receiving the notice of default or notice of noncompliance
from the City, (i) the Mortgagee shall have acquired title to and possession of the
Property, by deed-in-lieu of foreclosure, or shall have commenced foreclosure or
other appropriate proceedings, and (ii) the Mortgagee diligently prosecutes any
such foreclosure or other proceedings to completion.
ii. If the Mortgagee is prohibited from commencing or prosecuting foreclosure or
other appropriate proceedings by reason of any process or injunction issued by any
court or by reason of any action taken by any court having jurisdiction over any
bankruptcy or insolvency proceeding involving Clear Channel, then the times
specified above for commencing or prosecuting such foreclosure or other
proceedings shall be extended for the period of such prohibition.
(d) Performance by Mortgagee. Each Mortgagee shall have the right, but not the obligation,
at any time prior to termination of this Agreement, to do any act or thing required of Clear
Channel under this Agreement, and to do any act or thing not in violation of this
Agreement, that may be necessary or proper in order to prevent termination of this
Agreement. All things so done and performed by a Mortgagee shall be as effective to
prevent a termination of this Agreement as the same would have been if done and
performed by Clear Channel instead of by the Mortgagee. No action or inaction by a
Mortgagee pursuant to this Agreement shall relieve Clear Channel of its obligations under
this Agreement.
(e) Mortgagee’s Consent to Modifications. Subject to the sentence immediately following, the
City shall not consent to any amendment or modification of this Agreement unless Clear
Channel provides the City with written evidence of each Mortgagee’s consent, which
consent shall not be unreasonably withheld, to the amendment or modification of this
Agreement being sought. Each Mortgagee shall be deemed to have consented to such
amendment or modification if it does not object to the proposed amendment or
modification by written notice given to the City within thirty (30) days from the date
written notice of such proposed amendment or modification is given by the City or Clear
Channel to the Mortgagee. If such notice of the proposed amendment or modification is
given solely by Clear Channel, then Clear Channel shall also provide the City with
reasonable evidence of the delivery of such notice to the Mortgagee.
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27. Estoppel Certificate
Either Party from time to time may deliver written notice to the other Party requesting written
certification that, to the knowledge of the certifying Party, (i) this Agreement is in full force and
effect and constitutes a binding obligation of the Parties; (ii) this Agreement has not been amended
or modified either orally or in writing, or, if it has been amended or modified, specifying the nature
of the amendments or modifications; and (iii) the requesting Party is not in default in the
performance of its obligations under this Agreement, or if in default, describing therein the nature
and monetary amount, if any, of the default. A Party receiving a request hereunder shall endeavor
to execute and return the certificate within ten (10) days after receipt thereof and shall in all events
execute and return the certificate within thirty (30) days after receipt thereof. Failure of a Party to
return a requested certificate in a timely manner shall not be deemed a default of the Party’s
obligations under this Agreement and no cause of action shall arise based on such failure, but such
Party shall thereupon be deemed to have certified that the statements in clauses (i) through (iii) of
this Section are true, and the requesting Party and any third parties shall be entitled to rely upon
such deemed certification. The City Manager shall have the right to execute any such certificate
requested by Clear Channel hereunder provided the certificate is requested within six (6) months
of any annual or special review. The City acknowledges that a certificate hereunder may be relied
upon by permitted transferees and Mortgagees. At the request of Clear Channel, the certificates
provided by the City establishing the status of this Agreement with respect to any lot or parcel shall
be in recordable form, and Clear Channel shall have the right to record the certificate for the
affected portion of the Property at Clear Channel’s cost.
28. Force Majeure
(a) Notwithstanding anything to the contrary contained herein, either Party shall be excused for
the period of any delay in the performance of any of its obligations hereunder, except the
payment of money, to the extent such performance is prevented or delayed by one or more
of the following specific causes beyond such Party’s control: major weather differences
from the normal weather conditions for the South San Francisco area, war, acts of God or
of the public enemy, fires, explosions, floods, earthquakes, pandemics, epidemics,
invasions by non-United States armed forces, failure of transportation due to no fault of the
Parties, unavailability of equipment, supplies, materials or labor when such unavailability
occurs despite the applicable Party’s good faith efforts to obtain same (good faith includes
the present and actual ability to pay market rates for said equipment, materials, supplies and
labor), strikes of employees other than Clear Channel’s, freight embargoes, sabotage, riots,
acts of terrorism, acts of the government, and litigation initiated by a non-Party challenging
this Agreement or any of the Digital Billboard Project’ approvals or entitlements. The Party
claiming such extension of time to perform shall send written notice of the claimed
extension to the other Party within thirty (30) days from the commencement of the cause
entitling the Party to the extension.
29. Eminent Domain
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If the Digital Billboard or the Property, or any part thereof, is condemned by proper
authorities; taken without the exercise of eminent domain, whether permanently or
temporarily; or any right -of-way from which the Digital Billboard is visible is relocated,
Clear Channel shall have the option to terminate this Agreement consistent with the terms of
Section 2. The Parties agree that the Digital Billboard is owned solely by Clear Channel and
that the underlying leasehold interest in the Property belongs solely to Clear Channel, and the
City shall assert no rights in such i nterests held by Clear Channel, though the City shall not be
prevented from asserting any rights against the condemning authority. Notwithstanding the
above, nothing in this Agreement shall operate as a waiver of any rights Clear Channel might
have to just compensation and other remedies provided by law in the event of an eminent
domain action.
30. Rules of Construction and Miscellaneous Terms
(a) The singular includes the plural; the masculine gender includes the feminine; “shall” is
mandatory, “may” is permissive.
(b) Time is and shall be of the essence in this Agreement.
(c) Where a Party consists of more than one person, each such person shall be jointly and
severally liable for the performance of such Party’s obligations hereunder.
(d) The captions in this Agreement are for convenience only, are not a part of this Agreement
and do not in any way limit or amplify the provisions thereof.
(e) This Agreement shall be interpreted and enforced in accordance with the laws of the State
of California in effect on the date thereof.
31. Exhibits
Exhibit A Property Map and Description
Exhibit B Site Plans/Specifications for Digital Billboard
Exhibit C Relocation Agreement
Exhibit D Mitigation Monitoring and Reporting Program for Digital Billboard
Exhibit E Project Approvals
32. Notices
All notices required or provided for under this Agreement shall be in writing and delivered in person
(to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested
or by overnight delivery service, and shall be effective upon actual delivery as evidenced by the
return receipt or by the records of the courier, overnight delivery service or other person making
such delivery.
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Notices to the City shall be addressed as follow:
City of South San Francisco
Attn: City Clerk
P.O. Box 711,
400 Grand Avenue
South San Francisco, CA 94080
With a copy to:
Economic and Community Development Department
Attn: Alex Greenwood
400 Grand Avenue
South San Francisco, CA 94080
With a copy to:
City Attorney
400 Grand Avenue
South San Francisco, CA 94080
Notices to Clear Channel shall be addressed as follows:
Clear Channel Outdoor, LLC
555 12th Street, Suite 950
Oakland, CA 94607
Attn: Bob Schmitt, President/GM, Northern California
With a copy to:
Clear Channel Outdoor, LLC
2325 East Camelback Road, Suite 400
Phoenix, AZ 85016
Attn: General Counsel
A party may change its address for notice by giving notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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IN WITNESS WHEREOF this Agreement has been executed by the Parties on the day and year first
above written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By: ______________________________
ATTEST:
___________________________
_____________________, City Clerk
APPROVED AS TO FORM:
___________________________
_______________________, City Attorney
CLEAR CHANNEL:
CLEAR CHANNEL OUTDOOR, LLC
By: __________________________________
Bryan Parker
EVP – Real Estate and Public Affairs
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EXHIBIT A
PROPERTY MAP AND DESCRIPTION
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EXHIBIT B
SITE PLAN/SPECIFICATIONS FOR DIGITAL BILLBOARD
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EXHIBIT C
RELOCATION AGREEMENT
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EXHIBIT D
MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE DIGITAL BILLBOARD PROJECT
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EXHIBIT E
PROJECT APPROVALS
[TO BE INSERTED]
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-431 Agenda Date:6/9/2021
Version:1 Item #:16.
Report regarding a resolution approving Budget Amendment 22.003 appropriating $665,900 in the Public
Works Department operating budget for Fiscal Year 2021-2022 for the Free South City Shuttle Program.
(Marissa Garren, Department of Public Works)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving budget amendment 22.003
appropriating $665,900 in the Public Works Department operating budget for Fiscal Year 2021-2022 for
the Free South City Shuttle Program.
BACKGROUND/DISCUSSION
The City of South San Francisco applied for the San Mateo County Transportation Authority (TA)Measure A
Local Shuttle Program in February 2020 for funding towards the Free South City Shuttle Program.On May 7,
2020,the TA’s Board of Directors approved $1,002,225 for the Program and in August 2020 entered into a
funding agreement with the City of South San Francisco for fiscal years 2020-2021 and 2021-2022.With this
agreement,the TA is obligated to contribute 75 percent of the total project expenditures up to $1,002,225,
whereas the City will contribute the remaining 25 percent of the expenditures at $334,075 from the City’s
Measure A funds. The funding breakdown per fiscal year and funding source is as follows:
FY 2020-21 FY 2021-22 Total
TA Measure A Shuttle Program (75%)$502,800 $499,425 $1,002,225
City Local Measure A (25%)$167,600 $166,475 $ 334,075
Total Funding $670,400 $665,900 $1,336,300
FISCAL IMPACT
The projected cost for the shuttle for fiscal year 2021-22 is estimated to be $665,900.San Mateo County
Measure A or C/CAG congestion relief funds would cover 75 percent ($499,425)of the costs of the project.
The proposed City match is $166,475,providing the remaining 25 percent match for the fiscal year period.
Staff proposes that matching funds come from the City’s local Measure A fund.
RELATIONSHIP TO STRATEGIC PLAN
The Free South City Shuttle Program supports Priority Area 2:Quality of Life of the South San Francisco
Strategic Plan by providing access to multi-modal transportation options.
CONCLUSION
Staff recommends City Council adopt the resolution approving Budget Amendment 22.003 appropriating
$665,900 in the Public Works operating budget in Fiscal Year 2021-2022 for the Free South City Shuttle
Program.
City of South San Francisco Printed on 6/4/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-432 Agenda Date:6/9/2021
Version:1 Item #:16a.
Resolution approving Budget Amendment 22.003 appropriating $665,900 in the Public Works Department
operating budget for fiscal year 2021-2022 for the Free South City Shuttle Program
WHEREAS,the Free South City Shuttle is a key public transportation option that provides essential,
free,and safe service to the South San Francisco community,connecting riders to regional transit and local
activity centers,such as the downtown,recreation buildings,senior centers,schools,libraries,Kaiser Hospital,
and the El Camino Real corridor; and
WHEREAS,the City of South San Francisco submitted a funding application in February 2020 to the
San Mateo County Transportation Shuttle Program for the Free South City Shuttle Program; and
WHEREAS,on May 7,2020,the San Mateo County Transportation Authority (TA)Board of Directors
approved and allocated $1,002,225 from the Measure A Local Shuttle Program Category for the Free South
City Shuttle Program for fiscal years 2020-2021 and 2021-2022; and
WHEREAS,the TA is obligated to contribute 75%of the total project expenditures and the City of
South San Francisco will contribute the remaining 25% match in the for the Program; and
WHEREAS,the projected cost for the shuttle for fiscal year 2021-22 is estimated to be $665,900.San
Mateo County Measure A or C/CAG congestion relief funds would cover 75 percent ($499,425)of the costs of
the project.The proposed city match is $166,475,providing the remaining 25 percent match for the fiscal year
period. Staff proposes that matching funds come from the City’s local Measure A fund; and
WHEREAS,staff recommends the approval of Budget Amendment 22.003 appropriating $665,900 in
the Public Works Department operating budget for fiscal year 2021-2022 for the Free South City Shuttle
Program.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does
hereby approve Budget Amendment 22.003 appropriating $665,900 in the Public Works Department operating
budget for fiscal year 2021-2022 for the Free South City Shuttle Program.
*****
City of South San Francisco Printed on 6/14/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-448 Agenda Date:6/9/2021
Version:1 Item #:17.
Report regarding a resolution to approve the expanded Holiday Decorations Program and execute a
professional services contract for the new decorations,installation,rotation,and storage of the holiday
decorations.(Jennifer Rosas, Administrative Assistant II)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
professional services contract with Dekra-Lite for the purchase,annual installation,rotation,and storage
of new holiday decoration elements.The four-year contract would include initial one-time costs of
$200,304 plus annual costs of $75,054, for a total four-year contract amount not to exceed $425,460.
BACKGROUND/DISCUSSION
In recent years,the City has decorated the Downtown Core (Grand and Linden)with 105 wreaths which are
adorned with bows and ornaments during the winter holiday season (the last week of November through the
first week of January).The area in front of City Hall is also typically decorated with three large gift boxes,a
Santa’s Mailbox,and up-lighting of City Hall.The current set of wreaths were purchased from Barrango in
2015 and are due for refurbishment.Additionally,the City currently uses the Old Firehouse (201 Baden)for
storage of the wreaths but will not have that location available for storage in the near future,since the property
is likely to be sold soon.
In response to this situation,and mindful of the role that fresh decorations could play to help raise community
spirits and re-ignite local business activity as the COVID pandemic lessens,the City Council directed staff to
research options for an expanded Holiday Decorations Program.
On March 12,2021,the Holiday Decorations Ad Hoc Subcommittee (Subcommittee)convened to discuss the
parameters for the expanded Holiday Decorations Program.Staff researched and presented an array of
decoration options for the Subcommittee to determine what elements were preferred for the program expansion
and to review pricing levels.Staff from ECD collaborated with the Parks and Recreation Department to identify
additional locations throughout the city that have suitable space and infrastructure (such as electrical outlets)
that can accommodate holiday decorations.The additional sites identified for the Subcommittee included
Westborough Park,Orange Memorial Park/Pool,the Fernekes Building,Buri Buri Park,the Municipal Services
Building, and City Hall.
The Subcommittee determined that staff should move forward with pursuing a new vendor and plan for the
expanded Holiday Decorations Program.The Subcommittee directed that the expanded program should
incorporate the additional locations (outlined above)for decorations throughout South San Francisco,the
program should increase the amount of decorations, and there should be an increased visual impact.
Based on these initial guidelines,staff issued a Request for Proposals (RFP)to solicit bids for expanded holiday
displays throughout the City.
City of South San Francisco Printed on 6/9/2021Page 1 of 2
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File #:21-448 Agenda Date:6/9/2021
Version:1 Item #:17.
Requests for Proposals and Vendor Selection
Staff issued an RFP on March 19,2021 seeking a new vendor for an expanded Holiday Decorations Program
that could also take on the installation,rotation,and storage of the existing wreath supply.Four proposals were
received in response to the RFP.The Holiday Decorations Ad Hoc Subcommittee was reconvened on May 7,
2021 to review the proposals received.After careful consideration,the Dekra-Lite vendor was determined to
have the most comprehensive plan with the most competitive pricing.The Subcommittee directed staff to move
forward with negotiations with the vendor to adjust some of the elements initially proposed in the RFP to place
decorations at the following locations:Westborough Park,Orange Memorial Park/Pool,the Fernekes Building,
Buri Buri Park, the Municipal Services Building, and City Hall.
Next Steps
If Council approves the resolution for the expanded Holiday Decorations Program and the selection of the
Dekra-Lite vendor,staff will work with the Finance Department to have the funds appropriated as part of the
Fiscal Year 2021-2022 budget for year one of the four-year contract and for the annual costs (installation,
rotation, and storage) for years three through four of the contract for Fiscal Years 2022-2025.
FISCAL IMPACT
The impact of this program to the General Fund is $200,304 one-time initial costs for Fiscal Year 2021-2022
and annual costs of $75,054 for Fiscal Years 2022-2025 for a total contract amount not to exceed $425,460.
CONCLUSION
Staff recommends that the City Council approve the resolution for the expanded Holiday Decorations Program
and selection of the Dekra-Lite vendor.
Attachments:
1. Dekra-Lite RFP Bid
2. Presentation
City of South San Francisco Printed on 6/9/2021Page 2 of 2
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designs that amaze,
decorations that inspire.
www.dekra-lite.com
info@dekra-lite.com
1.800.436.3627
April 9, 2021
Dear City of South San Francisco,
Thank you for including Dekra-Lite in your 2021 Holiday Decor bid process! On behalf of the entire Dekra-Lite Team, we’re very
happy to submit decor and pricing in response to the City of South San Francisco’s Request for Proposal: Decor and
Installation Services of Holiday Lights and Decorations at your City Hall and Park Facilities.
In addition to high quality products and great customer service, a Dekra-Lite partnership includes our creative vision and
industry acumen.We are confident that our pricing is competitive,and the decor options are unique. Please keep in mind, we
can work to refine the designs to meet your vision or hit a target budget or phasing plan.
We look forward to discussing next steps with you as you take time to review the designs and pricing. Please don’t hesitate to
contact me should you need clarification or any additional information. We look forward to partnering with you!
Best Regards!
Roger Silveira
Account Executive (800) 436-3627
RogerS@Dekra-Lite.com
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
April 9, 2021
2
3
•7 Year European Partnership
with Globall Concept
•Employee-Owned Company
•Thousands of Successful Customers Nationwide
•70 Full-Time Employees
•A Leader in the U.S. Holiday Industry
we’re Celebrating
3 4 Years in Business
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
About Us: At a Glance
KEY PERSONNEL
Jeff Lopez –CEO and Founder
Mike Sterling –President
LeeRoy Chaffin II –Vice President of Sales
Nicole Cintron –Creative Director
Roger Silveira–Account Executive
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
About Us: Company Overview
Founded in 1987, Dekra-Lite has become the largest exterior holiday décor company in
the United States. Our clients include a diverse industry base including Lifestyle Centers,
Shopping Malls, Entertainment Venues, Charity Organizations, Cities and major Theme
Parks. Our creative team has been conceptualizing and implementing unique holiday
décor programs for decades; from the smallest shopping center to several city blocks of
décor. Dekra-Lite is the industry leader with experienced staff and a proven track record
of customer satisfaction.
Dekra-Lite is in the heart of Orange County, where we design and assemble our trees,
wreaths, light strands, banners, and provide off-season cleaning and storage for our
customers. Our holiday décor products include custom décor as well as stock items.
Quality is paramount at Dekra-Lite; our operations and design teams review all projects
before installation to ensure high quality standards. We guarantee that your holiday
décor program will be reviewed within 48 hours of any repair call, even at the height of
the season. We have the resources and manpower in place to guarantee installation
following Thanksgiving and removal by the week after the New Year’s holiday.
Project Coordinator –This individual will maintain and
monitor the overall project including schedules,
engineering, and permitting as well as organizing,
attending and participating in stakeholder meetings and
on-site pre-install surveys. Dekra-Lite PC’s create highly
detailed scopes of work complete with maps, counts,
specifications and artwork and make sure the project
adheres to the scope and stays on schedule.
Operations & Production Leads –To oversee the pre-
installation survey and planning to ensure all product
and program elements are up to safety and
commercial grade needs.
Install Lead & Team –A Senior Install Supervisor with a
team of three-four experienced employees will complete
the job including all pre and post surveys required.
4
Below are (3) references from companies or agencies that
have purchased the proposed holiday decorations from our
company within the last 3 years.
City of West Hollywood
8300 Santa Monica Blvd., West Hollywood, CA 90069
Contact: Francisco Contreras, Acting Economic Development
Contact Telephone Number: (323) 848-6400
LA Live
800 W Olympic Ave
Contact: Jim Madsen, VP Events
Contact Telephone Number: (213) 763-5444
City of Hawaiian Gardens
21815 Pioneer Blvd., Hawaiian Gardens, CA 90716
Contact: Joe Vasquez, Public Works Director
Contact Telephone Number: (562) 420-2641
City of Corona
Holiday Decorations,Banners
Naomi Ramirez,(951)763-2370
City of Newport Beach
Holiday Decorations, Banners
Jennifer Schulz,(949)270-8109
City of Hawaiian Gardens
Holiday Decorations, Banners
Joe Vasquez,(562)420-2641
City of Dana Point
Holiday Decorations,Banners
Jennifer Anderson,(949)248-3571
City of Seal Beach
Holiday Decorations,Banners
Tim Kelsey,(562)431-2527
City of Fullerton
Holiday Decorations,Banners
Amanda Fernandez,(714)738-3338
City of Huntington Beach
Holiday Decorations, Banners
Terry Tintle,(714)536-5480
City of Garden Grove
Holiday Decorations,Banners
Jennifer Goddard Nye,(714)741-5290
City of Rancho Cucamonga
City Banner Program
Janelle Draper,(909)774-3869
City of La Mirada
Holiday Decorations,Banners
Marlin Munoz,(562)902-2372
About Us: Company References
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
Below are (10) references from cities that have an ongoing
partnership with us and whose decor we regularly install, remove,
store as well as provide annual upgrades and enhancements.
5
Tailor-made
custom programs
with Full
Coordination
and dedicated teams
we help our partners write
their holiday stories
Investing in engineering and creativity, we bring value to
our partners through our designs, vision and forward
thinking. We’re leaders in the industry and provide quality-
made, custom programs and decor elements that speak
to the properties we decorate.
Our dazzling designs will mesmerize children and adults of
all ages with “Instagrammable” moments that keep them
smiling and coming back. We’re experts in speaking to
your demographic, surroundings, architecture, finding
focal points and wowing your clientele.
Unique,
Memorable
Experiences
for Your
Patrons
we Differentiate
you from the
Competition,
increase foot
traffic and
drive sales
About Us: Our Specialties
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 6
About Us: Successful Partnerships
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 7
We will provide turn-key services to install the Holiday Program for the City of
South San Francisco. Our objective is to create magical moments and
interactive experiences and photo ops for guests of all ages to enjoy!
Dekra-Lite will design, fabricate, install, maintain and remove the Holiday
Program. Our teams will work with the city in order to schedule services,
meet budget requirements and refine the program to meet goals and park
requirements. We will conduct a pre-install survey to trouble shoot and
identify any issues and infrastructure or equipment needed for install.
We will create a mutually agreed upon schedule to meet milestones and
deadlines regarding the project. A project coordinator will manage the
program and act as the primary point of contact regarding changes,
requirements and will be on site during installation. We have the
manpower and expertise in place to complete the program.
Our installation teams make safety a priority and work areas remain clean
and organized with the necessary barriers and signage to maintain this.
Dekra-Lite installers will utilize their own equipment needed to complete
the job. Dekra-Lite will also supply all insurance certificates necessary to
complete the job.
About Us: Project Approach & Methodology
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 8
The City of South San Francisco’s new outdoor
holiday decorations will be made up of designs
unique to each location. The core elements will be
garlands, wreaths, ground mounts, tree lighting, RGB
up lighting and pole mounts that will make each
location a destination for families and guests of all
ages. We will also install the city owned (105) 5’
wreaths and as an option, have included some
focal point pieces that will bring extra magic to
each of your areas!
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 9
Holiday 2021 Inspirations
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 10
Holiday 2021 Foliage Themes
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
Our designers have selected (3) of our most popular themes for cities and downtowns
but garlands and wreaths can easily be modified to fit your final vision!
Classic Christmas Traditional Tidings Multi-Color Pop
11
Bow Accent kits are a great way to add a touch of the
holidays to your light poles. There are 4 different color bow
options so we can give each location its own identity!
•Orange Park / Fernekes Building (13 pcs)
•Avalon Lot (2 pcs)
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 12
Side-mounted LED Lit Pole Mounts offer a festive
look for each location. There is the option of the
Zig Zag Tree or Single Candy Cane; both LED lit.
•Orange Park / Fernekes Building (5 pcs)
•Municipal Services Building (5 pcs)
•Westborough Park (4 pcs)
•Pool at Orange (2 pcs)
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 13
These three locations will be adorned with ground
mounted “Season Greetings” signs that are 5.9’ tall
by 40’ in length. These will be located close to the
entry of each location for a welcoming photo op.
•Orange Park / Fernekes Building (1 pc)
•Westborough Park (1 pc)
•Terra Bay Gym (1 pc)
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 14
These locations will be decorated with
6’ wreaths with complementary
swagged garland. Our most popular
themes are here to choose from or let
us know what colors you prefer!
•Municipal Services Building (1 pc)
•Westborough Park (1pc)
•City Hall (1pc)
•Terra Bay Gym (2 pcs)
•Pool at Orange Park (1pc)
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
Classic Christmas Traditional Tidings Multi-Color Pop
15
Each 6’ wreath will have lush commercial grade decorated
garlands lit with LED 5mm Warm White that is decorated to
match your wreath choice for a cohesive look and feel.
Classic Christmas
Traditional Tidings
Multi-Color Pop
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 16
These locations will get 3 sets of 3 Warm White and 3 sets of 3 Cool
White LED lit stars. These are great additions to landscaping and
entrances.
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 17
•Buri Buri Park (3 sets each)
•Brentwood Park (3 sets each)
•Avalon Lot (3 sets each)
•Pool at Orange (3 sets each)
We have our traditional LED 5mm
warm white mini lights that continue to
offer an elegant look to any setting.
We will wrap the trees in these areas
for magical ambience.
•Municipal Services Building (9 trees)
•Buri Buri Park (20 trees)
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 18
•Buri Buri Park (10 pcs)
•Terra Bay Gym (2 pcs)
•Municipal Service Building (8 pcs)
•City Hall (4 pcs)
•Pool at Orange Park (10 pcs)
RGB LED lighting offers a unique way to add a
visual effect trees and buildings. They can be
programmed to make a multicolored night-time
show. These can be used off season as a way to
add lighting to the park for New Years, Valentines
Day, Saint Patrick's Day, Fourth of July, or any other
city event that you want to highlight!
Locations & Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 19
Focal point pieces will be added to each location to make them
unique and will result in residents and visitors engaging with the
City and its holiday décor online and through social media!
6.5’ and 4’ Regal Snowflakes
Waterloo Ornament10’ and 6’ Regal Gift Box
•Orange Park/Fernekes (2 sets)
•City Hall (1 set)
•Buri Buri Park (2 sets)
•Linden Lot ( 2 sets)
•Westborough Park (1 set)
•Brentwood Park (1 set)
•Pool at Orange (1 set)
•Terra Bay Gym (1 pc)
•Pool at Orange (1 pc)
Optional Focal Point Decor
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 20
2021 Program Pricing
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704
We are offering all-inclusive pricing for the City of South San Francisco:
Program With Focal Point Décor (p.20) ………… $290,772
•Décor elements with installation, removal & storage is $274,320
•Sales tax of $16,451 brings the total program to $290,772
•Year two installation, removal and storage will be $105,584
Program Without Focal Point Décor …..….…….. $200,298
•Décor elements with installation, removal and storage is $189,172
•Sales tax of $11,126 brings the total program to $200,298
•Year two installation, removal and storage will be $75,054
Both quotes include the installation, removal and storage of the city owned (105) 5’ wreaths.
Both quotes include freight and delivery to the site(s) of installation.
“Year two installation, removal and storage” should be budgeted to install the same décor in the same way as year one in 2021.
*** Many of the décor options will require the city to have 120v power throughout the locations. ***
21
Holiday 2021
www.dekra-lite.com •1(800)436-3627 •3102 West Alton Avenue,Santa Ana,CA 92704 22
Our Partnership: The Advantages
Full coordination and turn-key services:we take care
of the design, manufacturing, installation,
maintenance and storage.
All the elements are compatible with each other which
allows for an efficient and seamless implementation.
All the elements are cost-effective in terms of
transportation, installation/dismantling and storage.
There are floor standing compositions and selfie
attractions for visitors in order to increase
social media engagement.
All the luminous decorations are equipped with the
best LEDS on the market to be energy saving,
environmentally sustainable and of long duration.
The décor has daytime and evening appeal, allowing
visitors to experience the magic at any time of day!
23
Santa Ana, California
3102 West Alton Ave
Santa Ana, California 92869
1.800.436.3627
British Columbia
107-1533 Broadway Street
Port Coquitlam, Canada V3C 6P3
1.888.710.5483
Nivelles, Belgium
Rue Buisson aux Loups 7
1400 Nivelles, Belgium
+32 (0)67.87.87.50
Visit Us: Our Showrooms
24
Expanded Holiday
Decorations Program
Jennifer Rosas, Administrative Assistant II
Economic & Community Development Department
Existing
Holiday
Decoration
Program
Existing Decorations –105 Wreaths in Downtown Core & Santa's
Mailbox at City Hall
Wreaths purchased in 2015 are over due for refurbishment and
require a new plan for storage
Holiday Decorations Subcommittee directed ECD to proceed with
planning for the expanded Holiday Decorations Program and
pursue a new vendor
Holiday
Decoration
Expansion
Staff issued a Request for Proposals (RFP) on March 19,2021 for
an expanded Holiday Decorations Program
Key Components of the RFP:
expanded decoration locations,
expanded elements in size and visual impact
installation/rotation/storage of existing wreath supply
Four proposals were received is response to the RFP
Holiday Decorations Subcommittee met May 7, 2021 to review the
proposals and staffs recommendations
Holiday
Decoration
Expansion
The Subcommittee concurred with staff’s recommendation to
proceed with the Dekra-Lite vendor
Dekra-Lite submitted the most comprehensive proposal with
most competitive pricing
Decorations will be displayed at Westborough Park, the
Linden Lots, Orange Memorial Park/Pool, the Fernekes
Building, Buri Buri Park, the Municipal Services Building,
and City Hall.
Highlights of the Dekra-Lite Proposal
Highlights of the Dekra-Lite Proposal
Recommendation
&
Next Steps
Staff recommends that the City Council approve the resolution for
the expanded Holiday Decorations Program and selection of the
Dekra-Lite vendor
If Council approves the resolution, staff will work with the Finance
Department to have the funds appropriated
Thank You
&
Questions?
Expanded Holiday
Decorations Program
Jennifer Rosas, Administrative Assistant II
Economic & Community Development Department
Government Code Section 54957.5
SB 343
Agenda: 6/9/2021 Regular CC
Item #17
Existing
Holiday
Decoration
Program
Existing Decorations –105 Wreaths in Downtown Core & Santa's
Mailbox at City Hall
Wreaths purchased in 2015 are overdue for refurbishment and
require a new plan for storage
Holiday Decorations Subcommittee directed ECD to proceed with
planning for the expanded Holiday Decorations Program and
pursue a new vendor
Holiday
Decoration
Expansion
Staff issued a Request for Proposals (RFP) on March 19, 2021 for
an expanded Holiday Decorations Program
Key Components of the RFP:
expanded decoration locations,
expanded elements in size and visual impact
installation/rotation/storage of existing wreath supply
Four proposals were received is response to the RFP
Holiday Decorations Subcommittee met May 7, 2021 to review the
proposals and staff's recommendations
Holiday
Decoration
Expansion
The Subcommittee concurred with staff’s recommendation to
proceed with the Dekra-Lite vendor
Dekra-Lite submitted the most comprehensive proposal with
most competitive pricing
Decorations will be displayed at Westborough Park, Orange
Memorial Park/Pool, the Fernekes Building, Buri Buri Park,
the Municipal Services Building, and City Hall.
Highlights of the Dekra-Lite Proposal
Highlights of the Dekra-Lite Proposal
Highlights of the Dekra-Lite Proposal
Recommendation
&
Next Steps
Staff recommends that the City Council approve the resolution for
the expanded Holiday Decorations Program and selection of the
Dekra-Lite vendor
If Council approves the resolution, staff will work with the Finance
Department to have the funds appropriated
Thank You
&
Questions?
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-449 Agenda Date:6/9/2021
Version:1 Item #:17a.
Resolution authorizing the execution of a four-year term professional services agreement with Dekra-Lite in a
total amount not to exceed $425,460 for the supply and management of annual installation,rotation,and
storage for the new expanded outdoor holiday decorations program.
WHEREAS,on March 19,2021,the City of South San Francisco (“City”)staff issued a Request for
Proposals (“RFP”)for the purchase,installation,maintenance,and storage of the South San Francisco outdoor
holiday decorations; and
WHEREAS,on April 9,2021,staff received four (4)proposals for the various requested professional
and specialized decorating services; and
WHEREAS,on May 7,2021 the Holiday Decorations Ad Hoc Subcommittee convened to review the
proposals and determined that the proposal from Dekra-Lite was the most responsive and offered to provide
specialized services and the best quality; and
WHEREAS,City staff recommends authorizing the execution of a four-year term professional services
agreement for the outdoor holiday decorations program in an amount not to exceed $200,304 for the first year
and $75,054 for each remaining three (3)years to Dekra-Lite,for a total amount not to exceed $425,460 for the
four-year term; and
WHEREAS,funding for these services will be appropriated and approved in the City’s FY2021-2022
budget for the first year of the contract and FY2022-2025 for the remaining three (3) years.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does
hereby authorize the City Manager to execute the services agreement with Dekra-Lite in an amount not to
exceed $425,460 for the four-year contract period,conditioned on Dekra-Lite’s timely execution of the signed
services agreement and all other documents, subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED,that the City Council authorizes the City Manager to take further action
consistent with the intent of this Resolution.
*****
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The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
1
MINOR CONSTRUCTION AGREEMENT
This Agreement (this “Agreement”) is made and entered into between the City of South San
Francisco, a municipal corporation (“City”) and Dekra-Lite, (“Contractor”) effective as of June 10, 2021
(the “Effective Date”). City and Contractor are hereinafter collectively referred to as (the “Parties”). In
consideration of their mutual covenants, the Parties hereby agree as follows:
1. Scope of Work. Contractor shall provide the following services and/or materials (“the
Work”): Holiday Decorations installation, rotation and storage, as more particularly described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A. In the event of a conflict or
inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main
body of this Agreement shall prevail. The Work shall commence on November 26, 2021 and shall be
completed to the satisfaction of the City by January 6, 2025 unless such date is extended or otherwise
modified by the City in writing.
2. Payment. City shall pay Contractor an amount not to exceed: $425,460 for the full and
satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The
calculation of payment for the Work shall be set forth as follows: $200,304 one-time initial costs for new
decorations and installation in Fiscal Year 2021-2022 and annual installation and storage costs of $75,054
for Fiscal Years 2022-202. The amount stated above is the entire compensation payable to Contractor for
the Work performed hereunder, including all labor, materials, tools and equipment furnished by
Contractor.
(A) Invoices. City shall make monthly payments, based on invoices received, for Work
satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that
complies with all of the requirements above to pay Contractor.
(B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages and a
fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
(C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which
shall be paid within sixty (60) days after acceptance of the services, as described in Section 11,
and submittal to City of a final invoice, if all services required have been satisfactorily performed.
Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public
Contract Code Section 22300.
3. Independent Contractor. It is understood and agreed that this Agreement is not a contract
of employment and does not create an employer-employee relationship between the City and Contractor.
At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the
City to any contracts or other obligations without the express written consent of the City.
4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify,
defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed
officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”)
from and against any and all liability, loss, damage, claims, expenses and costs (including, without
limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of
or in connection with Contractor’s performance of the Work or Contractor’s failure to comply with this
Agreement, except such Liability caused by the gross negligence or willful misconduct of the City
Indemnitees.
5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall
promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste
as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical
conditions at the site of any unusual nature differing materially from those generally inherent in the work
described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the
The City of South San Francisco
Minor Construction Agreement
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conditions and if conditions do materially differ, shall issue a change order providing for additional time
or payment of additional costs.
6. Relocation of Utilities. In the event that the completion of the services described in
Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be
responsible for removal and protection of such public utilities pursuant to Government Code Section
4215.
7. Insurance. Prior to beginning the Work and continuing throughout the term of this
Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) sole c ost and
expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and
maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than
ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION
DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products,
completed operations and contractual liability coverage. The policy shall also include coverage for
liability arising out of the use and operation of any City-owned or City-furnished equipment used or
operated by the Contractor, its personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and
non-owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City
Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of
the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage
at least thirty (30) days in advance of the effective date of any such material change, cancellation,
termination or non-renewal. Further, if the Vendor’s insurance policy includes a self-insured retention
that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional insureds or insurers
do not serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this agreement so as to not
prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to
be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note
whether the policy does or does not include any self-insured retention and also must disclose the
deductible. The City’s Risk Manager may waive or modify any of the insurance requirements of this
section by means of a written document.
8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products
and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all
drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are
new and of good merchantable quality, free from material defects of workmanship and fit for the purpose
for which sold or provided; (C) Contractor has good title to all Products delivered and all Products
delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict
conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not
meeting the foregoing quality shall be deemed defective.
Contractor shall guarantee the Work to be free of defects in material and workmanship for a
period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as
described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s
own expense, any repairs or replacements made necessary by defects in material or workmanship which
become evident within the one-year guarantee period. The Contractor’s Guarantee is effective regardless
of whether or not a maintenance bond is required by the City for this Agreement.
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9. Licenses. Contractor represents and warrants that Contractor possesses all licenses,
permits, and qualifications legally required for the performance of the Work. Contractor shall, at
Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and
effect throughout the term of this Agreement.
10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private
property caused by the Contractor or by its subcontractors during performance of the Work shall be
repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of
hazards at all times during installation. After work is completed at the site, Contractor shall clean the
surrounding area to the condition prior to performance of the Work.
11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and
acceptance or rejection by the City.
12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local,
state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall
not discriminate in the provision of service or in the employment of persons engaged in the performance
of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status,
sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal
laws or regulations.
13. Payment of Taxes; Tax Withholding. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes . To be exempt
from tax withholding, Contractor must provide City with a valid California Franchise Tax Board form
590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated
herein as Exhibit B. Unless Contractor provides City with a valid Form 590 or other valid, written
evidence of an exemption or waiver from withholding, City may withhold California taxes from payments
to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years after the
termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-California
resident subcontractor and shall submit written documentation of compliance with Contractor’s
withholding duty to City upon request.
14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant
to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by Contractor or by any subcontractor shall receive the wages herein provided for. The
Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section
1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem
wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker
shall be paid by the Contractor to each worker.
The City will not recognize any claim for additional compensation because of the payment by the
Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases
is one of the elements to be considered by the Contractor.
NOTE: An error on the part of an awarding body does not relieve the Contractor from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor
Code Sections 1770-1775.
(A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Contractor shall post at appropriate conspicuous points at the site of the project a schedule
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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showing all determined prevailing wage rates for the various classes of laborers and
mechanics to be engaged in work on the project under this contract and all deductions, if
any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
(B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by the
Contractor in connection with the public work. Such records shall be certifies and
submitted weekly as required by Labor Code Section 1776.
15. Patents. The Contractor shall assume all costs arising from the use of patente d materials,
equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save
harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized
representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented
materials, equipment, services, or processes.
16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both
Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code
Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though
fully set forth in this Agreement.
17. Prevailing Party. In the event that either party to this Agreement commences any legal
action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the
prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated
with that legal action or proceeding.
18. Termination. City may terminate or suspend this Agreement at any time and without
cause upon written notification to Contractor. Upon receipt of notice of termination or suspension,
Contractor shall immediately stop all work in progress under this Agreement. The City's right of
termination shall be in addition to all other remedies available under law to the City.
19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
20. Entire Agreement. This Agreement represents the entire and integrated agreement
between the Parties. This Agreement may be modified or amended only by a subsequent written
agreement signed by both Parties.
21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or
agent of City shall be personally liable to Contractor in the event of any default or breach by City or for
any amount which may become due to Contractor pursuant to this Agreement.
22. Execution in Counterparts. This Agreement may be executed in counterparts and/or by
facsimile or other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with other signed
counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
23. Notice. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if
personally delivered; (ii) when received if transmitted by telecopy, if received during normal business
hours on a business day (or if not, the next business day after delivery) provided that such facsimile is
legible and that at the time such facsimile is sent the sending Party receives written confirmation of
receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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(e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt
requested. In each case notice shall be sent to the respective Parties as follows:
Contractor:
Dekra-Lite
3102 W. Alton Ave.
Santa Ana, CA 92704
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.
CITY: CONTRACTOR:
By:__________________________ By:__________________________
Print Name:___________________ Print Name:___________________
Title: _______________________ Title: _______________________
APPROVED AS TO FORM:
____________________________
City Attorney
2729960.1
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-434 Agenda Date:6/9/2021
Version:1 Item #:18.
Report regarding a resolution confirming the change in solid waste collection rates to be collected by the South
San Francisco Scavenger Company effective July 1, 2021.(Janet Salisbury, Director of Finance).
RECOMMENDATION
It is recommended that the City Council adopt a resolution confirming the change in solid waste
collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2021.
BACKGROUND/DISCUSSION
On July 9,1997,the City Council approved a franchise agreement (“Franchise Agreement”)for collection and
disposal of solid waste with the South San Francisco Scavenger Company (“SSFSC”).Under the terms of the
Franchise Agreement,the solid waste rates are adjusted every third year based on a rate survey of cities
throughout the San Francisco Bay Area.The attached reports show rate adjustments ranging from 19.05%to
0.94% depending on the type of service.
Per the second amendment to the Franchise Agreement regarding the transport of sewage sludge,the tonnage
rate is subject to adjustment based on 80%of CPI.Based upon the data from the United States Bureau of Labor
Statistics,staff has confirmed that 80%of CPI change from February 2020 to February 2021 is 1.42%as
presented in the documents submitted by SSFSC.
In relation to the rate adjustments,SSFSC would like to note that there were many factors putting upward
pressure on the rates,as presented in the survey of neighboring cities.Beginning in 2018,China began
enforcing their China Sword Policy,which effectively shut down the worldwide markets for recyclable
materials,especially cardboard and plastics.The values of these materials plummeted as a result and have
affected most of the materials traditionally recycled through typical recycling programs.
At the same time,California recycling laws have continued to require more diversion from landfill.As noted by
SSFSC,AB 341 implemented mandatory recycling for commercial businesses,public entities and multi-family
properties.AB1826 mandated organics recycling and SB1383 mandated a 75%reduction in organic waste.The
need to meet these requirements necessitates additional costs as new services are required and existing services
need to be modified.
Adding to the above,the economic effects of the pandemic are putting additional pressure on rates.SSFSC
states that commercial rates have traditionally helped to support lower rates for residential services,but with the
contraction in commercial industry (e.g.,travel restrictions,work from home orders,restaurant closures),the
commercial revenues are not there to offset the residential rates.
In 2013,the City entered into an amended agreement with SSFSC that provides for a rolling 20-year franchise
term.The longer term was implemented to allow SSFSC to have a longer period to obtain financing for their
investment in capital improvements.As part of their approval of that amendment,the Council asked SSFSC to
provide an annual update on the status of their capital improvement program.
City of South San Francisco Printed on 6/4/2021Page 1 of 2
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File #:21-434 Agenda Date:6/9/2021
Version:1 Item #:18.
Representatives of SSFSC will be at the meeting on June 9th to present this information.
FISCAL IMPACT
The rates for residential customers using the 20-gallon can size will increase from $26.67 to $31.75 per month.
Rates for residential customers using the 32-gallon will increase from $34.40 to $37.83 per month.A copy of
the full rate proposal is attached for Council’s information (Attachment 1).
CONCLUSION
Adopting the associated resolution will confirm that the Scavenger’s solid waste proposal satisfies the terms of
the Franchise Agreement with the City.
Attachments:
1.Rate Application from South San Francisco Scavenger Company including Rate Survey and Rate
Schedule
2.Franchise Agreement and 2013 Amendment between City and South San Francisco Scavenger
Company
City of South San Francisco Printed on 6/4/2021Page 2 of 2
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AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This A~eement, dated JU.~ 'i , , 1 997, is made by and between the
City of South San Francisco, a municipal coq~oration (hereinafter "City"), and South
San Francisco Scavenger Company, Inc., a California corporation (hereinafter
"Scavenger Company''), with reference to the following:
WHEREAS, the Integrated Waste Management Act of 1.989 ("AB 939")
requires that City divert fifty percent (50%) of its waste stream from landfills by the
year 2000; and
WHEREAS, City and Scavenger Company have determined that the primary
method for City to satisfy this requirement will be to increase the recycling and reuse
of materials otherwise disposed of in landfills; and
WHEREAS, the most contemporary public education and recycling pro~ams,
and a modem materials recovery facilit)' capable of diverting greater amounts of solid
waste, will be needed to accomplish such result; and
WHEREAS, such new programs and facility will entail a significant, long-term
financial investment; and
WHEREAS, City desires for Scavenger Company to assume, and Scavenger
Company is willing to assume, the obligation to ensure that compliance with the
requirements of AB 939 is achieved, subject to the terms and conditions in this
Agreement and applicable law; and
WHEREAS, City desires, and Scavenger Company is willing to provide, an
indemnity, on the terms and conditions in tfiis Agreement, against penalties assessed
for failure to meet the 50% diversion requirement under AB 939; and
WHEREAS, City desires to provide adequate, ongoing service revenues to fund
the required programs and facilities while assurmg City's residents and businesses of
service rates that are competitive with those charged in neighboring communities;
and
WHEREAS, Scavenger Company currently collects and disposes of solid waste
matter accumulated in the City pursuant to an exclusive franchise agreement with
City entitled AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE REFUSE IN THE CITY OF SOUTH SAN FRANCISCO and dated August
1, 1990 (hereinafter the "Prior Franchise Agreement"); and
WHEREAS, Scavenger Company currently collects and sells recyclable
materials generated in City pursuant to an exclusive franchise agreement with City
entitled AGREEMENT TO PROVIDE RECYCLING SERVICES and dated July 20,
1989 (hereinafter the "Prior Recycling Agreement"); and
Attachment 2
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WHEREAS, the parties wish to assure the health, safety anci public welfare of
the City's residents andbusinesses by providing efficient services for recycling and the
collection and disposal of all solid waste generated in the City pursuant to the terms
of a long-term agreement providing for competitive service rates;
NOW, THEREFORE, the parties agree as follows:
1. Franchise Grant.
I. I City hereby gi::ants to Scavenger Company, and Scavenger Company
hereby accepts from City, the exclusive franchise right and privilege, subject only to
Section I .3 below, as City's Scavenger and Authorized Recycling Agent under
applicable law, to collect, remove, transport, recycle, compost and dispose of all solid
waste generated in City in accordance with the provisions of City's laws and
regt!lations pertaining to the accumulation, collection and removal thereof and any
applicable State and Federal statutes or administrative rules.
I .2 All solid waste collected by Scavenger Company pursuant to this
Agreement shall become the property of Scavenger Company upon its possession
tnereof; provided that nothing in this section shall be deemed a waiver by City of its
rights and duties under this .Agreement.
(a) To the extent permitted by apRlicable law, City agrees to take such
steps as may be reasonably necessary to protect Scavenger Company's ownership of
sohd waste, including recyclable materials, placed at the curbside or designated
collection location for collection by Scavenger Company under the terms of this
Agreement. City and Scavenger Company shall also cooperate to protect Scavenger
Company's exclusive rights to collect all solid waste, including recyclable materiafs, in
accordance with the terms hereof, to the extent permitted by applicable law.
I .3 The franchise to collect, remove, transport, recycle, compost and dispose
of solid waste (including recyclable materials) granted to Scavenger Company
hereunder shall, througfiout the term hereof and in all respects, 5e exclusive, except
as otherwise provided by applicable law and as follows:
(a) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property that are source
separated may be transported personally by the generating person for donation to or
collection by a collection or processing facility tnat has been duly approved and
authorized as such by a governmental or other appropriate authority, including
beverage containers recycled at authorized facilities under the California Beverage
Container Recycling Litter Reduction Act;
(b) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property tnat are source
separated may be sold or donated by the generating person to any charitable entity;
( c ) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property that are source
separated may be accumulated by the generating person fur collection and collected
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by licensed junk collectors;
(d) solid waste generated at any residential, commercial and industrial,
or institutional property may be personally transported by the person generating
same to any transfer station or materials recovery facility;
(e) yard waste removed from a residential, commercial and industrial or
institutional property by a gardening, landscaping or tree trimming contractor as an
incidental part of a comprenensive service offered by such contractor, rather than as a
hauling service, may be oisposed of by such contractor at any licensed landfill,
transfer station or materials recovery facility;
(f) construction debris and demolition debris removed from a
residential, commercial and industrial or institutional property by a licensed
construction or demolition contractor using its own employees and equipment as an
incidental part of a comprehensive service offered by such contractor, rather than as a
hauling service, may be oisposed of by such contractor at any transfer station or
materials recovery facility; and
(g) hazardous waste and household hazardous waste may be disposed
of in any lawful manner.
1.4 Except as expressly provided herein, this Agreement shall supersede the
Prior Franchise Agreement and tile Prior Recycling Agreement as of the effective date
set forth in Section 3 below, when such Prior A~eements shall cease to have any
effect (except for periods prior to such effective oate). In particular, the amount
remaining in the oalancing account under the Prior Francfiise Agreement as of the
effective aate of the new franchise granted hereunder shall be eliminated without cost
to City.
2. Definitions.
2.1 "Charitable entity" means any not-for-profit organization or entity
maintained for community service, education or the public good, including service
clubs, scouting organizations, religious and educational organizations and recognized
charities.
2.2 "Collect" or "collection" means the collection, transportation, and
removal of solid waste within and from City.
2.3 "Commercial and industrial property" means property upon which
business activity is conducted, including out not limited to retail sales, services,
wholesale operations, manufacturing ano industrial operations, but excluding
businesses conducted upon residential property whicfi are permitted under applicable
zoning regulations and are not the primary use of the property.
2.4 "Construction debris" means construction materials generated during the
construction or renovation of a residential, commercial and industrial or institutional
property.
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2.5 "Containers" means any and all types of solid waste receptacles including
but not limited to rectangular bins, cylindrical containers commonly available at
retail stores for residential use, and any and all other kinds of receptacles, irrespective
of size or shape.
2.6 "Demolition debris" means used construction materials generated during
the razing or renovation of a residential, commercial and industrial or institutional
property.
2. 7 "Hazardous waste" means all substances defined as hazardous waste,
acutely hazardous waste or extremely hazardous waste by the State of California, or
identified as hazardous waste by the U.S. Environmental Protection Agency, under
applicable laws or regulations.
2.8 "Household hazardous waste" means hazardous household waste
generated at residential properties within the City.
2.9 "Institutional property" means the premises or site of any governmental
entity, including city, county, state and/or federal buildings, public schools, colleges,
and public recreational sites.
2.10 "Licensed junk collector" means a person that is licensed with City to
collect source separated recyclable materials and source separated salvageable
materials from the person generating such materials in accordance with applicable
law.
2.11 "Recyclable materials" means solid waste which may be reused or
processed into a form suitable for reuse through reprocessing or remanufacture
consistent with the requirements of AB 939, including, without limitation, paper,
newsRrint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum,
PET, HOPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, bricl< and stone in reusable size and condition.
Recyclabfe materials shall include those items of construction debris and demolition
debris which are described in this Section 2.11.
2.12 "Residential property" means property used for residential purposes,
irrespective of whether such dwelling units are rental units or are owner-occupied.
Complexes of four or more units, wfiether in a single structure, or connected
structure, or series of structures may be subject to procedures and rates which differ
from other lower density residential properties.
2.13 "Salvageable materials" means used articles capable of being restored or
resold for reuse, in either case without reprocessing or remanufacture, including
antiques, used building supplies and automobiles and automobile parts. Salvageable
materials shall include those items of construction debris and demolition debris
which are described in this Section 2.13.
2.14 "Solid waste" means all putrescible and nonputrescible residential refuse,
commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as
defined in Public Resources Code Section 40191, mcluaing, without limitation, for
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the purposes of this Agreement construction debris, demolition debris, recyclable
materials and salvageable materials, but excluding hazardous waste and household
hazardous waste.
2.15 "Source separated," as to recyclable materials, means recyclable materials
that have been separatea from solid waste that is not recyclable material and from all
other types of recyclable materials by the person generating such solid waste or
recyclable materials at the residential, commerciaf and industrial or institutional
property where such solid waste or recyclable materials are generated to form one
readily identifiable category of recyclable material as set forth in Section 2.11 above
that is saleable without 1urther sorting. "Source separated," as to salvageable
materials, means salvageable materials that have been separated from solid waste that
is not salvageable material by the person generating sucli solid waste or salvageable
materials at the residential, commercial and industrial or institutional property where
such solid waste or salvageable materials are generated. (For example, cari:lboard that
has been separated by a 5usiness from glass, PET plastic and wet garbage is source
separated so long as the separation is accomplisheo by the generator at the
commercial and industrial property where all of such items are generated and all of
such items are generated by such business.)
2.16 "Yard waste" means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more that six (6} inches in diameter) ano similar
materials generated at a residential, commercial and industrial or institutional
property.
3. Term.
3.1 The term of the franchise shall be for a period of twenty (20) years,
commencing on the effective date of November 1, 1 g97 and ending October 31,
2017.
3.2 Subject to Section I 0.2 of this Agreement, Scavenger Company shall
have one ( 1) option to extend this Agreement and the franchise granted hereunder on
the terms and conditions herein for a period of ten ( 10) years commencing November
1, 2017 and ending October 31, 2027. Notice of Scavenger Company's exercise of
such option must oe g_!ven at least six (6) months prior to October 31, 2007. City
shall endeavor to notify Scavenger Company in writing of this deadline at least nine
(9) months prior to October 31, 2007, provided that City's failure to do so shall not
serve to extend the deadline. The option to extend hereunder may not be exercised
unless Scavenger Company shall be in material compliance with the terms of this
Agreement at the time of exercise and on October 31, 2017.
3.3 Prior to Scavenger Company's exercise of its option to extend, the
parties shall meet to review the terms and conditions of this Agreement in light of
changes in circumstances and conditions affecting the subject matter hereof that have
occurred since the date hereof. Each party hereby agrees to use its best efforts to
identify and agree to any modifications in such tem1s and conditions needed to fairly
and reasonably address any such changes in circumstances and conditions.
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4. Franchise Fee.
4.1 On or before the twentieth (20th) day of each month during the term of
this franchise, Scavenger Company shall remit to City a sum of money equal to seven
percent (7%) of the gross revenues collected by Scavenger Company from customers
within the City limits during the preceding calendar month as a franchise fee. If the
franchise fee is not paid on or before the twentieth (20th) day of any month, a late
payment fee in an amount equal to eighty-three one-hundredths of a percent (0.83%)
of the amount owing per month will tie charged for each thirty (30) day period the
franchise fee remains unpaid.
4.2 Each monthly remittance to City shall be accompanied by a statement
detailing gross revenue of Scavenger Company from customers for the period covered
from operations conducted or permitted pursuant to this Agreement. In addition,
Scavenger Company shall maintain copies of all billings and collection records for
three (3) years following the date of billing for inspection and verification by City.
5. Services.
5 .1 Solid Waste. Scavenger Company shall collect and dispose of all solid
waste (other than source separatea recyclaole materials, which are subject to Section
5.2 below) generated by any person at every residential, commercial and industrial,
and institutional property within City at least once each week on a regularly
scheduled day in accordance with this Agreement.
5 .2 Re~clable Materials. Scavenger Company shall collect all source
separated recyclale materials generated by any person at every residential property
(excluding multiple-unit residences) within City at least once each week on a
re~larly scheduled day in accordance with this Agreement, except that yard waste
shall be collected from such properties at least once every two weeks. Scavenger
Company shall collect all source separated recyclable materials generated by any
person at every commercial and industrial, institutional and multiple-unit residential
property withm City upon a schedule established between Scavenger Company and
each generating person (or the owner, landlord or property manager, in the case of
multiple-unit residential properties), but not less frequently than is required to
expeditiously collect sucn recyclable materials, without creating storage, health, or
safety hazards.
(a) Scavenger Company may refuse to collect recyclable materials
generated by, and shall not be obligated to continue to provide any recxcling
receptacle or container to, any person who after reasonable warning, fails to sort
recyclable materials properly, or fails or refuses to allow Scavenger Company to
collect, on an exclusive basis, said person's recyclable materials. Scavenger Company
shall report to City any warning notices issued by Scavenger Company for this
purpose, and City shall investigate same to determine whether the person receiving
the notice has violated the applicable ordinance.
5.3 Changes: Missed Pick-Ups. Scavenger Company shall not alter or adjust
collection services without providing prior notice to all service addresses, and any
schedule modifications shall not resuft in reduced service frequency to any customer.
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Scavenger Companl. shall collect and remove solid waste and recyclable materials
from any premises 'missed" or "skipped" during the re~larly scheduled time, within
one (I) working day after demand for collection is made by the customer or City.
5.4 Containers-Solid Waste. Scavenger Company shall collect solid waste
from containers of a size and weight customarily sold for use upon residential
property and which, when filled, are safely capable of being handled by one person,
provided that such containers have lids capable of preventing solid waste from
spilling out under normal circumstances. Nothing in this section shall be deemed to
precluae the use of bins or other containers of a size and shape acceptable to
Scavenger Company and, in the event City and Scavenger Company shall institute
new programs hereunder which require bins or other containers of a particular size
and Shape, customers on residential properties shall use bins or other containers
meeting such requirements.
5.5 Containers-Recyclable Materials.
(a) Single Unit Residential. Scavenger Company shall provide and
distribute one set of residential recycling containers, at no cost in addition to the
monthly rates, to each residential property (other than multiple-unit residential
properties) in City. The recycling containers are those contamers described in the
attached Schedule 1, entitled "Recycling Containers," or other similar containers
mutually agreed upon by Scavenger Company and City. The cost of supplying such
recycling containers shall be borne by Scavenger Company, at no cost in addiuon to
the monthly rates.
(i) Replacement of Containers. The 2arties acknowledge that
from time to time a single unit residential generator may aamage or destroy the
recycling containers supplied by Scavenger Company, and that such unusual loss or
damage would not be considered within the reasonable control of the residential
generator. Scavenger Company agrees that it will encourage the residential generator
to replace said recycling containers at the expense of the residential generator. To
this end, Scavenger Company shall make sets of three (3) such recycling containers
available for purchase by any single unit residential generator at a price not to exceed
the prevailing cost to Scavenger Company. The parties also acknowledge that from
time to time residential recycling containers may be stolen from the cuib. When
notified of such occurrence, Scavenger Company shall rerlace, at no charge to the
single unit residential generator, not more tnan a reasonable number of times, the
stofen container(s). Tile frequency with which this shall occur shall be determined
mutually between City and Scavenger Company. Following the distribution of a
recycling container to each single unit residential property, -Scavenger Company shall
not be required to purchase or provide additional recycling containers to such
property unless requested to do so by City, or as replacement containers are needed
by a residential generator because of unusual loss or damage beyond the reasonable
control of the resident as described above. In the event City requests Scavenger
Company to provide additional single unit residential recycling containers, th.e cost of
the containers and the distribution thereof shall be borne by City, except as provided
above.
(b) Multiple-Unit Residential. Commercial and Institutional.
Scavenger Company shall also make available recycling containers for each
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multiple-unit residential, each commercial and industrial and each institutional
property, within City of a size and shape suitable for each such location. The cost of
supplying, repairing, and replacing such recycling containers shall be borne by
Scavenger Company.
( c ) Ownership. The ownership of all recycling containers purchased
b_y Scavenger Company under this Agreement shall be and remain with Scavenger
Company.
5.6 Personnel and Equipment. Scavenger Company shall furnish the
personnel, labor and equipment required for the collection, removal, handling and
oisposal of all solid waste generateo within the corporate limits of the City.
5. 7 Disposal Facilities. Scavenger Company shall haul all solid waste
collected by it in City to the existing transfer station operated by Blue Line Transfer,
Inc., a related party entity. As soon as the Blue Line Transfer, Inc. relocated transfer
station and materials recovery facility referred to in the Recitals above are
operational, Scavenger Company shall haul all solid waste collected by it in City to
such facility. All of such sohd waste that is neither recyclable nor salvageable shall be
hauled to a licensed and suitable disposal facility (i.e., landfill) located outside City
selected by Scavenger Company. In the event that such a disposal facility is not
readily available due to no fault of Scavenger Company, or due to events beyond the
control of Scavenger Company, such as acts of God,~public emergency, strike or
lockout by employees of another entity, Scavenger Company shall use its best efforts
to locate such a disposal facility, but shall not be held liable to the extent that such
lack of disposal facility prevents the hauling of solid waste to a site outside City.
5.8 Local Office. Scavenger Company shall maintain an office where service
may be apflied for and complaints made. The address and telephone number of such
office shal re~larly be included in customer billin~s and service information
distributed to the public. Scavenger Company's office shall have a responsible
individual available daily between the hours of eight o'clock a.m. and five o'clock
p.m., excepting Saturday, Sunday and holidays. Calls for "missed" collections shall be
received 24 hours per day.
5.9 Pick-Ups at City Facilities. Scavenger Company shall remove, without
charge, all solid waste generated at all City facilities (of the nature and in the
amounts currently collected) at least once per week, but Scavenger Company may
charge all other public agencies for services rendered at the same rates and on the
same basis as pnvate firms or individuals are charged for similar services.
5.10 Annual Ci~de Clean-Up. Scavenger Comr.any shall provide one
annual free all purpose ltY-wide collection, at wnich it Will accept all nature of solid
waste, except hazardous waste and household hazardous waste. The dates for such
collections shall be publicized in advance by Scavenger Company. The collection
shall be made each year throughout the term of this franchise in accordance with
R_ractices and procedures established by Scavenger Company, and approved by the
City Manager.
5.11 Additional Services. Scavenger Company shall provide additional
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services upon request of City, or UJ?On the proposal of Scavenger Company as
approved by City pursuant to Section 5.13 below, subject, if tbe costs incurred by
5cavenger Company to provide such services increase, to the establishment by mutual
written agreement of a reasonable rate therefor.
5.12 Permits and Licenses. Scavenger Company shall obtain and maintain
throughout the term of the franchise all permits, licenses and approvals necessary or
required for Scavenger Company to 2erform the work and services described herein.
City shall cooperate with Scavenger Comfany in connection with such permits,
licenses and approvals, and shall renew al such permits, licenses and approvals issued
by City, proviaed that Scavenger Company is not in material breach of this
Agreement and provided Scavenger Company shall have fulfilled all existing
requirements for the renewal of such permits, licenses and approvals.
5.13 Diversion Requirement.
(a) Pro r m ··AB 3 Co · I emnification. In order to
achieve compliance wit the fifty percent ( 0%) or, if applicable, lesser diversion
requirement of AB 939, Scavenger Company shall propose and implement various
recycling, solid waste reduction, public education and reporting programs for City
and its residents, including the basic elements set forth in Exhibit "A" attached to this
Agreement. (Scavenger Company shall continue to propose and implement new or
improved pro~ams tor so long as compliance with AB 939's diversion requirements is
legally requirea.) Subject to tfie conditions set forth in Section 5.13(b) below,
Scavenger Company hereby agrees (I ) to divert the percentage of the City's solid
waste, and perform such other actions, as necessary to achieve compliance with the
requirements of AB 939 as it may be amended from time to time; and (ii) to protect,
defend and indemnify City and its Council, boards, commissions, officers, agents,
representatives and employees against all fines or penalties imposed, after reasonable
contest, by the California Integrated Waste Management Board as the result of the
failure to meet such 50% or, if applicable, any lesser percentage diversion
requirement imposed under AB 939 as it may be amended from time to time;
provided, that Scavenger Company is given the opportunitx to jointly control the
contest of any such fines and/or penalties so imposed with City.
(b) City Responsibilities. Other Factors. Notwithstanding any other
provision in this Agreement, Scavenger Company's obligations pursuant to Section
5.13(a), above, relating to AB 939 compliance and indemnification shall depend
upon:
(I) City taking all actions necessary to implement programs and
adopt reasonable rate increases as proposed by Scavenger Company in accordance
herewith;
(ii) City considering, enacting, administering, and enforcing
approJ?riate laws, regulations, incentives and sanctions necessary to assure the
exclusive nature of Scavenger Company's franchise rights hereunder and to gain the
waste diversion participation of residential properties, commercial and industrial
properties and instituuonal properties withm City as deemed reasonably necessary to
ensure diversion goal compliance;
(iii) The fines or penalties which give rise to such
indemnification obligations, or the failure to achieve AB 939 compliance, not
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resulting from the negligent or willful acts or omissions of City (excluding for this
pmyose any neg~igent or willful acts or omissions by Scavenger Company that would
be imputed to City);
(iv) Scavenger Company not being required by City or by a
change in applicable law or regulation to cease performing any of its recycling or
other services which contribute to landfill diversion; and
(v) There being no change in any applicable law or re~lation
which materially impairs Scavenger Company's ability to find bona fide end users of
recyclable materials.
( c ) Unforeseeable Circumstances. In the event that Scavenger
Company shall have used its best efforts consistent with Exhibit "A" to ensure that
the 50% (or lesser) diversion requirement of AB 939 is achieved, but shall determine
that such requirement may nonetheless not be satisfied, Scavenger Company shall
give City prompt written notice of such determination. City ano Scavenger
Company shall then meet promptly to decide whether to increase rates beyond the
rates calfed for in Section 6 below to fund additional efforts which were
unforeseeable on the date hereof and which Scavenger Company has reasonably not
undertaken to date (excluding any residential yard waste program, and excluding the
construction and operation of a new materials recovery facility in a commercially
reasonable manner for the purpose of achieving compliance with AB 939's diversion
requirements) to satisfy such diversion requirement, provided that, if City is
unwilling to do so, Scavenger Company snail be relieved of its AB 939 compliance
and indemnification obligations set forth in Section 5.13(a) above.
6. Rates.
6.1 Establishment of Rates. The maximum service rates specified in Exhibit
"B" to this Agreement have been agreed upon by City and Scavenger Company and
shall take effect on the effective date of d'ie franchise as set forth m Section 3 above.
Such maximum service rates shall be subject to review and revision as set forth in
Sections 6.2, 6.3 and 6.4 below. Scavenger Company shall not charge any amount in
excess of the approved rates for services required by or permitted unaer this
Agreement.
6.2 Modification Based on Consumer Price Index. The maximum rates
specified under this Agreement shall be increased July 1st every year (beginning in
1998, but excluding tfie year 2000 and every third year thereafter) by an amount
equal to eighty percent (80%) of the percentage increase, if any, in the Consumer
Price Index for Urban Wage Earners and Clencal Workers, as published and
maintained by the United States Bureau of Labor Statistics for the San
Francisco-Oakland Metropolitan Area (1982-84= 100), for the prior year, using the
Index most recently published before March 31st of such year and before the prior
March 31st; providea, however, that, in 1998, the maximum rates set forth on
Exhibit "B" snail be adjusted by the percentage increase in the Index for the prior
seventeen (I 7) months, using the Index most recentl~ published before March 31,
1998 and before November I, 1996. The procedure for rate adjustments under this
Section 6.2 shall be as follows.
(a) Not later than March 31st of each year that is subject to a rate
increase under this Section 6.2, Scavenger Company snail file with City a written
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Notice of Intention to adjust each of the then current maximum rates effective as of
Julx 1st of the same year by the above-specified percentage of the percentage increase
in the Index for the applicable period.
(b) Within thirty (30) days of the filing of the Notice of Intention,
the City Manager shall review the Notice of Intention, and either confirm that the
proposed maximum rates are within the limit of Section 6.2(a) above or establish by
mutual agreement with Scavenger Company any necessary changes to the proposed
maximum rates to make such confirmation.
(c) The City Manager shall immediately inform the City Council in
writing of the new maximum rates determined in accordance with this Section 6.2
and, not later than June 30th of the year of the Notice of Intention, the City Council
shall act upon the new maximum rates as appropriate, with any new maximum rates
to become effective on July 1st of the same year.
(d) In the event that the Consumer Price Index described in Section
6.2(a) above shall be discontinued or materially modified during the term of the
franchise, the parties shall use their best efforts to substitute a replacement index
and/or otherwise change Section 6.2(a) above so as to replicate, as nearly as possible,
the mutual intention of the parties to rely on the results of the Consumer Pnce Index
described in Section 6.2(a) as in effect on the date hereof.
6.3 Extraordinary Items. In addition to adjustments under Sections 6.2
above and 6.4 below, the maximum rates hereunder shall be subject to increase or
decrease to reflect extraordinary increases or decreases in Scavenger Company's costs
of providing services hereunder, such as landfill or disposal costs, costs mandated by
governmental action or judicial decisions, franchise fees and similar items. Increases
or decreases in maximum rates pursuant to this Section 6.3 shall take effect so as to
eliminate, to the maximum extent possible, Scavenger Company's loss or gain of
revenue and/or frofit resulting from the extraordinary increase or decrea~e in costs
from the date(s such increase or decrease first occurred.
6.4 Modification Based on Neighboring Cities' Rates. Irrespective of any
adjustments to maximum rates pursuant to Sections 6.2 and/or 6.3 above, every
maximum service rate applicable under this Agreement shall be adjusted effective as
of July 1 in each of the years 2000 and every third _year thereafter (I) in the case of
each of the service categories set forth in Exhibit "C" attached to this Agreement, not
to exceed ninety-five percent (95%) of the average of the most current rates for such
service category charged in the jurisdictions set forth in Exhibit "D", and (ii) in the
case of every other service category not set forth on Exhibit "C", to equal an amount
reasonably arrived at by extrapolating from the new rates determined in accordance
with Sect10n 6.4(I) above. Tfie most current rate charged in each jurisdiction listed
in Exhibit "D" for a service category listed in Exhibit "C" shall mean the rate that
applies as of the date Scavenger Company files the Notice of Intention described in
5ection 6.4(a), below, and sllall be based on the actual published rate for a period
including such date. The average of the most current rates for a particular service
category listed on Exhibit "C'' sfiall be determined by adding all the most current rates
for such service category, and dividing by the number of junsdictions set forth in
Exhibit "D". The procedure for rate aojustments under this Section 6.4 shall be as
follows.
(a) Not later than March 31st of each year that is subject to a rate
adjustment under this Section 6.4, Scavenger Company shall file with City a written
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Notice of Intention to adjust, effective as of July 1st of the same year, each of the
then current maximum service rates in accordance with Section 6.4 above.
( 1) An example of such calculation for an Exhibit "C" service
category and for a related service category not listed in Exhibit "C' is as follows: if
the total of the most current rates in the applicable jurisdictions, which number
thirty-two (32), for weekly 2-yard commercial front end loader service per month as
of March 31, 2000 were $4,480, Scavenger Company's Notice of Intention for July 1,
2000 would specify $133 [$4,480 dividea by 32 multiplied by .95] as the new
maximum rate for such service category, and could specify $266 for weekly 4-yard
commercial front end loader service per month.
(b) Within thirty (30) days of the filing of the Notice of Intention, the
City Manager shall review the Notice of Intention, and either confirm that the
proposed maximum rates conform with Section 6.4 above, or meet with Scavenger
Company to establish by mutual agreement with Scavenger Company any necessary
changes to the proposed maximum rates to make such confirmation.
( c ) The City Manager shall immediately inform the City Council in
writing of the new maximum rates determined in accordance with this Section 6.4
and, not later than June 30th of the year of the Notice of Intention, the City Council
shall act upon the new maximum rates as appropriate, with any new maximum rates
to become effective on July 1st of the same year.
(d) From time to time during the term of the franchise, but at least
every seven (7) years after the beginning of such term, City and Scavenger Company
shall meet to review the list of jurisdictions set forth in Exhibit 11 0" for tbe purpose of
assuring that the services and rate structures in such jurisdictions are comparable to
those of Scavenger Company in City. Such comparison shall take into account such
factors as each party reasonably believes to be relevant, including those set forth in
Exhibit "E" attached to this Agreement. Any change to the jurisdictions set forth in
Exhibit "011 shall require the consent of eacn party, which consent shall not be
unreasonably withheld.
7. Provisions Applicable to Equipment and Personnel.
7.1 Scavenger Company shall use in connection with transportation of solid
waste modern motor dump trucl<s with water tight bodies, sufficient in number and
capacity to efficiently perform the work requirea by the Agreement. Scavenger
Company shall keep tne outside of the trucl< bodies free from dirt and filth, and shall
clean the inside of the trucks in a sanitary manner on a regular basis. Suitable
measures shall be taken to prevent refuse from falling into public streets or places.
Scavenger Company shall I<eep all trucks freshly painted in a uniform manner, and
the firm name, telephone number, and truck number of each truck shall appear on
each side thereof in a conspicuous manner. Scavenger Company shall keep all trucks
in good maintenance and repair, re~larly inspect same, and keep accurate records of
all vehicle maintenance. Scavenger Company shall also be responsible for causing
Blue Line Transfer, Inc. to maintain all of its equipment and vehicles in safe and
sanitary condition in accordance with the standaras set forth for Scavenger
Company's vehicles in this Section 7 .1.
7 .2 Scavenger Company shall not litter premises in the process of making
collections nor allow refuse to blow or fall from any vehicle used for collections.
Scavenger Company shall clean-up any and all spills, including oil and debris on the
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streets, resulting from its operations. Should Scavenger Company fail to promptly
clean up such spills resulting from its operations after notice from City, Scavenger
Company shall be liable to City for all reasonable costs incurred by City in doing so.
7 .3 Scavenger Company shall provide suitable operational and safety
training for all of its employees who utilize or operate venicles or equipment for
collection of solid waste or who are otherwise directly involved in sucl:i collection.
Scavenger Company shall use its best efforts to assure that all emplo:xees present a
neat appearance, conduct themselves in a courteous manner, and perform the work as
quietly as possible. Scavenger Company shall also designate one or more qualified
employees as supervisors of field operations, who will devote a substantial portion of
their ume in the field checking on collection operations, including responding to
complaints.
8. Records. Reports and Audited Statements.
8.1 Scavenger Company shall keep and maintain accurate books and records
clearly showing its revenues and expenses in connection with the operations provided
for in this Agreement.
8.2 Each fiscal year of Scavenger Company, commencing with fiscal year
1997-98, Scavenger Company shall provide City, within ninety (90) days of
Scavenger Company's fiscal year-end, a cop:x of its annual audited financial
statements and management letter for that fiscal year, provided the City Manager
may grant an extension of thirty (30) days. Such financial statements shall include a
suppfemental combining schedule showing Scavenger Company's results of operations
by franchise area, including the specific revenues and expenses in connection with the
operations provided for in this Agreement and others included in such
financial statements. The financial statements and supplemental schedule shall be
prepared in accordance with generally accepted accounting principles (GMP) and
audited, in accordance with g_enerally accepted auditing standards (GAAS), by a
certified public accountant (CPA) licensed (in good standing) to practice public
accounting in the State of California as determined by the State of California
Department of Consumer Affairs Board of Accountancy. The CPA's opinion on
Scavenger Company's annual financial statements and supplemental schedule shall be
unquahfied, except as to uncertainties for which the ultimate outcome cannot be
determined by the date of the CPA's opinion.
Scavenger Company shall, in its agreement with the CPA performing its annual
audit referred to above, have its CPA make available to City (or City's designated
representative) such CPA's working papers related to the audit.
Scavenger Company shall make available to City such of its additional records,
information or reports, as requested by City from time-to-time upon reasonable
notice by City.
8.3 Scavenger Company a~ees that the records of any and all related party
entities including but not limited to Blue Line Transfer, Inc. but excluding Royal
Salvage Company shall be made available to City (or City's desig!_lated representative)
so long as the related party entity does business with Scavenger Company and, in
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general, is associated with the removal and disposal of solid waste or recyclable
materials. As part of the annual audit requirement described in Section 8.2,
Scavenger Compan~ shall provide City, within ninety (90) days of Blue Line
Transfer, Inc.'s fiscal year-end, a copy of Blue Line Transfer, Inc.'s annual audited
financial statements and management letter for that fiscal year, provided the City
Manager may grant an extension of thirty (30) days. The financial statements shall
be prepared m accordance with GAAP and audited, in accordance with GMS, by a
certified public accountant (CPA) licensed in the State of California as determined by
the State of California Department of Consumer Affairs Board of Accountancy. The
CPA's opinion on Blue Line Transfer, Inc.'s annual financial statements shall be
unqualified, except as to uncertainties for which the ultimate outcome cannot be
determined by the date of the CP A's opinion.
Blue Line Transfer, Inc. shall, in its agreement with the CPA performing its
annual audit referred to above, have its CPA make available to City (or City's
designated representative) such CPA's working papers related to the audit.
For purposes of this Section 8.3, "related party entity" shall mean any entity
the majority of which is owned or effectively controlled by one or more of the present
and former shareholders, directors, officers or senior management employees of
Scavenger Company or their families.
8.4 Every three (3) months during the period from the commencement of
the franchise through the date which applies for purposes of measuring compliance
with the diversion requirements of AB ~39, Scavenger Company shall supply City
with a written report setting forth Scavenger Company's best estimate of tne
diversion rate as of the end of the most recent month. Scavenger Company shall also
supply Cit)'.: with such related information as City may reasonably request and as
Scavenger Company possesses concerning such estimate.
9. Hold Harmless and Insurance.
9.1 Scavenger Company shall indemnify and hold harmless City, its
Council, boards, commissions, officers, agents, representatives and employees from
any and all actions, claims or damages brought for or on account of in1uries to or
death of any person or damage to property resulting from or arising out of the
operations o1Scavenger Company, its officers, agents, employees or servants pursuant
to this Agreement. The duty of Scavenger Company to indemnify and hold narmless
shall include the duty to defend as set rorth in California Civil Code Section 2778.
9.2 Scavenger Company shall have in effect during the term of the
franchise, workers' compensation and employer liability insurance providing full
statutory coverage. In signing this Agreement, Scavenger Company makes the
following certification required by Section 1861 of the California Labor Code.
"I am aware of the provisions of Section 3 700 of the California Labor Code
which require every employer to be insured against liability of workers' compensation
or to undertake self-insurance in accordance with the provisions of the code, and I
will comply with such provisions before commencing fue performance of the work of
this Agreement."
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9.3 Scavenger Company shall take out and maintain during the term of the
franchise liability insurance for the following types and minimum amounts:
(a) General liability, including comprehensive form, premises
operations, products/completed operations,nazard, contractual insurance, broad form
property damage, independent contractors and personal liability, with limits for
bodily and property damage combined of $500,000 each occurrence and $500,000
aggregate.
(b) Automobile liability, including comprehensive form, owned, hired
and non-owned, with a limit of $1,000,000 for bodily injury and property damage
combined.
(c) Excess liabili~. umbrella form, with a limit for bodily injury and
property damage combined of $5,000,000 each occurrence and $5,000,000 aggre_gate.
Insurance certificates evidencing the required coverage shall be filed witfi City
and shall be subject to approval by the City Attorney. City, its City Council, boards,
commissions, officers, agents and employees shall be named as additional insureds on
any such policies of insurance which shall also contain a provision that the insurance
afforded tnereby shall be primary. No such policy shall 5e canceled or modified
except upon thirty (30) days' prior written notice to City.
10. Franchise Termination.
10.1 In the event Scavenger Company defaults in the performance of any of
the duties to be performed by it under the tem1s of this Agreement, City shall give
Scavenger Company written notice, either by mail orb):' personal service, setting
forth tile defauft. Scavenger Company shall correct such default within fifteen ( 15)
daxs after receipt of such notice unless the default cannot, by its nature, be cured
within said penod, in which case the cure period shall be extended for such
additional ume as is reasonably necessary to effect a cure, provided that Scavenger
Company shall commence efforts to effect a cure as soon as practicable and shall
diligently pursue the cure. If Scavenger Compan):' fails, neglects or refuses for the
applicable cure period to correct anx aefault which constitutes a material breach of
tfus A&!"eement, then City, without further notice and without suit or other
proceeaings, may cancel and annul the rights and privileges of the franchise grant.
Nothing in this section shall prohibit the parties from meeting to discuss ways to
resolve ihe issue.
10.2 Notwithstanding Section I 0.1, above, the sole remedy for Scavenger
Company's failure to divert the percentage of the City's solid waste, and/or perform
such other actions, as necessary to achieve compliance with the requirements of AB
939 as it may be amended from time to time, shall be as set forth in this Section
10.2. Provided that all the conditions to Scavenger Company's AB 939 compliance
obligation set forth in Section 5.13(b), above, sfiall have been satisfied, and City shall
have suffered material harm as the result of such failure by Scavenger Company to
achieve compliance, Scavenger Company's ability to exercise its option to extend the
term of this Agreement for an additional ten ( 10) years, under Section 3.2, shall be
subject to approval by City, and such circumstances shall constitute the sole
permissible ground for City to deny a requested extension of this Agreement under
this Section I 0.2.
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l 0.3 In the event of termination of this Agreement for default by Scavenger
Company as above specified, City shall have the nght forthwith to grant a franchise
to another scavenger service or to take possession of trucks and other equipment of
Scavenger Company used to perform work under this Agreement. City shall have the
right to retain possession of the trucks and equipment until other suitable trucks and
equipment can be purchased or otherwise acquired by City for the purpose and City
shalf pay Scavenger Company the reasonable rental value of such trucks and
equipment, and I<e~p them in good maintenance and repair, during the time the same
are used by City. City shall also have access to Scavenger Company's records for the
purpose of billing service accounts during the period City is i:>rovidmg the services
aescribed in this Agreement, and shall retain all fees collectea for such services.
10.4 In the event of any dispute arising between the parties under this
A~eement, the parties shall first suomit such dispute to non-binding mediation
before a recognized mediator having experience with contracts like the Agreement
and that is mutually acceptable to tbe parties, provided that neither party shall
unreasonably withliold its acceptance. If the parties are unable, after a period of
thirty (30) days, to agree on a mediator, either party shall be entitled to petition a
court of competent jurisdiction to appoint such a mediator for the parties. Each
party shall bear its own costs, including attorney's fees, incurred in connection with
the mediation. If the mediation does not result in a resolution of the dispute that is
acceptable to both parties, either party may institute litigation. The prevailing party
in such litigation snail be entitled to recover from the otfier party its reasonable
attorney's fees, costs and necessary disbursements, including expert witness fees,
incurred in such litigation.
l 0.5 If Scavenger Company shall at any time during the term of this
Agreement or any extension thereof, become insolvent, or if proceedings in
bankruptcy shall be instituted by or against Scavenger Company, or ifScavenger
Company shall be adjudged bankrupt or insolvent oy any Court, or if a receiver or
trustee in bankruptcy or a receiver of any property by Scavenger Company shall be
appointed in any suit or proceeding brought oy or against the Scavenger Company, or
if Scavenger Company shall make an assignment for the benefit of creditors, then and
in each and every such case, and provided that such proceedings, adjudication,
appointment or assignment, as the case max be, continue in effect for ninety (90)
days without being vacated, removed or withdrawn, this Agreement shall immediately
cease and come to an end, and the rights and privileges granted shall immediately be
canceled and annulled without notice or action reqmred on behalf of City.
l 0.6 Notwithstanding any other provision herein, no default, delay or failure
to perform on the I?art of either party shall be considered a breach hereunder if such
default, delay or fatlure to perform is due to causes beyond such party's control,
including, but not limited to, riots, civil disturbances, actions or inactions of
governmental authorities, epidemic, war, embargoes, severe weather, fire, earthguake,
acts of God, defaults by the other party, or defaults by carriers. In the event of any
such default, delay or failure to perform, any dates or times by which the affected
party otherwise is scheduled to perform shall be extended for a period of time equal
m duration to the additional time required because of the excused default, delay or
failure to perform.
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11. Ac;signment.
I I . I Scavenger Company shall not assign this Agreement, or any interest
therein, without the written consent of the City Council. City may review the
competency and financial integ!1ty of the proposed assignee. A consent to one
assignment shall not be deemea to be a consent to any subsequent assignment. Any
assignment without such consent and approv~l shall oe void and shall at the option
of City, terminate this Agreement.
City shall be notified of any stock transaction in which an existing stockholder
transfers, sells or otherwise relinquishes majority interest in his or her stock in
Scavenger Company.
Any stock transaction involving transfer, sale or exchange of stock which
results in a change in majority controI of Scavenger Company shall be subject to City
review and approval.
I2. Waiver.
I2. I The waiver by either party of any breach or violation of any term or
condition of this Agreement or of any provision of law by the other party, shall not
be deemed to be a waiver of the tem1, condition or provision of law, or of any
subsequent breach or violation of the same or any other term, condition or provision
of law. The acceptance by City of anx franchise fee or other fee or other monies
which may become due hereunder to City shall not be deemed to be a waiver of any
preceding breach or violation by Scavenger Company.
I3. Administration.
I3.I The administration and enforcement of this Agreement shall be the
responsibility of the City Manager or a designated representative of that office. This
section is not intended to indicate or suggest the City Manager has the authority to
grant, amend, or revoke the franchise.
13.5 Termination of Blue Line Transfer Station
Within one year of commencement of operation of a new facility designed to
handle waste transfer and AB 939 diversion requirements, including but not limited
to a materials recovery facility or compliance with applicable divers10n requirements
of AB 939 through actions other than construction of a new facility, whichever occurs
first, Blue Line Transfer Incorporated shall terminate operation of the transfer station
it operates on Oyster Point Boulevard in South San Francisco.
14. Independent Contractor.
I 4.1 Scavenger Company, its employees and agents, are independent
contractors and not employees or agents of City.
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15. Notices.
15 .1 All notices required hereunder shall be in writing and shall be delivered
in person or transmitted by the United States Postal Service, certified mail, postage
prepaid, and addressed as follows:
CITY:
SCAVENGER COMPANY:
City Manager
City Hall
P.O. Box 711
South San Francisco, CA 94083
President
South San Francisco Scavenger Co.
P.O. Box 348
South San Francisco, CA 94080
or to such other person or address as may be specified from time to time in writing by
either party. EaCh such notice shall be deemed effective upon receipt or, if mailecf as
aforesaid, three (3) days after so mailed.
16. Amendments.
16.1 This Agreement may be amended from time to time only by
written agreement between the parties signed by an authorized representative of each
party.
1 7. Successors and Assigns.
17.1 This Agreement shall be binding upon, and shall inure to the benefit of,
each of the permittea successors and assigns of the parties.
18. Integration: Severability.
18.1 This Agreement, including the Exhibits hereto, constitutes the entire
agreement of the parties with respect to the subject matter hereof and supersedes all
prior or contemporaneous agreements between the parties, whether written or oral,
relating to such subject matter. If a court finds any provision of this Agreement
invalicf or unenforceable as applied to any circumstance, the remainder of this
Agreement and the apRlication of such provision to other persons or circumstances
sliall remain in effect. The parties .furtner agree to replace such void or unenforceable
provision with a valid and enforceable provision whicb will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable
provision.
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IN WITNESS WHEREOF, the parties have executed th is Agreement.
ATTES T :
SOUTH SAN FRANCISCO SCAVENGER COMPANY, INC.
~ ( -----, /
By 01 " 7 0c-)?'~e::__-
,
CITY OF SOUTH S~p
By:~ cttyManager
c~a~
APPROVED AS TO FORM:
S !:eu..an T ~ /~
City Attorney 7
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SCHEDULE 1
SINGLE-UNIT RESIDENTIAL RECYCLING CONTAINERS
Scavenger Company shall provide to each residential unit, a set of three (3)
recycling containers, specially made of rigid plastic construction for stacking into each
otner, to assist residents in participating m the recycling program.
One container is used to store glass; one container is used to store newspapers;
and the third container is used to store metal food and beverage containers as well as
PET plastic beverage containers.
Each container shall be respectively identified with contrasting lettering
appropriately denoting: "glass", "newspapers", and "cans".
The distribution of the recycling containers shall be the responsibility of
Scavenger Company, and the ownership of the recycling containers shall remain in
Scavenger Company. Similar alternative containers may be provided upon mutual
agreement between City and Scavenger Company.
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EXHIBIT A
DIVERSION PROGRAM
YEAR 2000 DIVERSION PROGRAM
In 1989, the California State Legislature passed Assembly Bill 939 which
mandates that all cities and counties in the state divert 25% of their waste by 1995,
and 50% by the year 2000. In 1990, when an initial survey was conducted, South
San Francisco had a diversion rate of 11 %. Through a variety of new pro~ams,
however, the City of South San Francisco has surpassed the 1995 goaf, with a
diversion rate of 25.31 %. Although this is an important achievement, the City must
continue to be aggressive in its diversion efforts in order to reach the goal of 50%.
New programs Will need to be implemented to reach 50%, and existing programs will
need to be expanded aggressively. These new programs will take additionaf resources,
yet they are important in order to reach the state mandated goals.
Below is an overview of existing programs and possible new pro~ams that can
bring South San Francisco above the 50% aiversion rate goal. Much of the
additional diversion will need to come from the commercial industrial sector, as a
majority of the waste in the City comes from this sector. To achieve 50% will not
only require strengthening existing programs and implementation of new programs,
but also the construction of new sorting lines in order to extract additional materials
from the waste stream. Expanding education, in both the residential and
commerciaVindustrial sectors, stressing the importance of participating in the
programs is also critical, and will represent a cost effective way to increase diversion.
The tonnage that is currently hauled and disposed of by non-franchised
haulers is also extremely im£ortant. Because of the amount being disposed by these
haulers (estimated to be 22 M> of existing generated tonnage), it woulcfbe unlikely
that the 50% diversion goal could be aclueved without recovery of this tonnage. The
diversion estimates listea in the program categories below are calculated based on the
amount of material currently being nauled by South San Francisco Scavenger
Company (SSFSC) and self-haulers, without the non-franchised hauler tonnage. The
additional diversion that might be achieved as a result of recovery of the materials
currently being hauled by non-franchised haulers is considered separately in Section
7.
Since the 1990 Source Reduction and Recycling Element (SRRE) was based on
a subset of total tonnage which did not include non-franchised haulers, we made a
conservative estimate that the initial waste characterization applies to non-franchised
haulers as well, even though non-franchised hauler tonnage is disproportionately in
the commercial sector as compared to tonnage in the SRRE.
1. Yard Waste
Currently the South San Francisco Scavenger Company picks up yard waste
once per month from residential customers. There are two trucl<.s picking up material
each morning before continuing with other assignments. Because of the lack of
regular exposure to the program, residents do not utilize the service to its fullest
potential. In order to achieve maximum utilization from the yard waste program, a
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greater degree of exposure and publicity is necessary.
Currently SSFSC is diverting about 65 tons per month from the yard waste
program, which translates to 6.8 pounds per housenold per month. An informal
survey of Bay Area communities reveals that there is an average of about 40 pounds
per household per month collected from their yard waste programs. Because of the
smaller lot sizes in SSF than in some of the surrounding communities, we are using a
20 pound per household per month fi~re as a reasonaole estimate for yard waste
colfection. Usin@ this figure would result in an additional yearly diversion of
approximately 2 Yo.
Additional yard waste can also be diverted upon the completion of new sorting
lines and transfer stations in South San Francisco. As in the case with construction
and demolition debris recovery, as well as yard waste, designing a line specifically for
recovery of targeted materials can greatly increase diversion rates. The amount of
yard waste generated by the commercial/industrial sector in South San Francisco is
about four times that produced by the residential sector, and although little is
currently diverted, most of this will be captured over an improved sorting line. If
50% of the commercial/industrial yard waste (based on SRRE tonnage adjusted to
1995) is diverted, it would add approximately 2.0% to the diversion total. Because
the SRRE was done during a drought, the tonnage in the SRRE is most likely
underestimated, thus making the 50% diversion of the original SRRE a very
achievable goal.
Prior to implementation of a yard waste program, as well as any other new
services, the SSF Scavenger Company will undertal<e a public awareness campaign to
explain the program, as well as die benefits of participating in the program.
2. Construction & Demolition Debris (C&D) and Wood Waste
Presently, there is no formal program in South San Francisco to recycle C & D
debris and wood waste. The material that is currently diverted is generally from
construction companies that rent debris boxes for their waste, and the tonnage
amounts from these construction customers is relatively small. The amount of these
materials in the overall waste stream is significant, however, comprising 12. 7% of the
generated waste tonnage in South San Francisco. As a result, recovery of these
materials is essential itthe goal of 50% is to be realized.
In order to make diversion of these materials successful, resources must be
employed to educate generators about the materials, as well as to increase recovery at
the transfer station. Source separation at construction sites is an important part of
any building material diversion program. Companies that do large scale projects, as
well as those that do smaller projects such as remodeling, need to be made aware of
the importance of diverting tnese materials from the landfill, as well as the laws that
require the city to do so. Financial incentives can be very helpful, and an explanation
of the costs and benefits associated with separating materials at the job site could
help gain the participation of contractors. A tiered hauling (or disposal, for self haul)
fee may be considered for certain materials in order to increase tonnage diverted. A
separate wood waste collection program for businesses could also be considered at
least on an "on call" basis.
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It is important to work closely with the contractors in order to maximize
diversion. Site visits for large projects in order to discuss disposal options may be an
important step. As each project is different, with different quantities of materials
bemg disposea, so are the possible disposal options. A quick waste audit and training
of the crew will go a long way in maximizing diversion. Also helpful are printed
materials, such as a booKlet explaining the ortions for recycling building materials,
which has been shown to be an effective too for increasing recycling. It can also be
effective in creating a relationship with the local building industry association in
order to distribute information and to become known as a resource for the industry.
The status of the market can also be an important criteria, as low value
materials may be handled differently than high value ones. C & D recycling is
growing, however, and markets for the materials have been expanding over the last
several years, making the future promising. There has also been an increase in re-use
of building materials, as several stores exist in the Bay Area that sell previously-used
building materials.
In order to implement the above programs and maximize diversion of the
materials, a new sortmg line designed for these materials must be considered.
Recovery at Material Recovery Facilities (MRF's) has consistently proven to be an
important step in the diversion of C&D and wood debris. Althougn source
separation of all materials at job sites is not realistic, a combination of customer
education and increased recovery at the MRF can significantly increase diversion. If
40% of the material is recovered with dedicated lines as sP.ecified in the SRRE,
consistent with documented ex~erience at other MRF facilities, this will increase
diversion by approximately 3.8 M> annually.
3. Food Waste
Currently there is no fom1al program in South San Francisco to divert food
waste from the commercial sector, although commercial food waste constitutes 6% of
the waste stream (according to the SRRE). In various areas of the country there has
been increased collection and composting of food waste for the last several years.
These programs tend to concentrate on the large quantity generators, such as larger
restaurants and grocery stores. Large grocery stores tend to produce the most
compostable waste and there are different issues that need to be addressed when
composting restaurant waste, as compared to produce waste. As a result,
impf ementation of food waste programs may be facilitated by first concentrating on
produce waste, and then expanding to other organics. The issue of composting this
material will have to be discussed with the compost facility operator, but collection
and composting of these materials has been shown to be botfi economically and
technologically feasible. In order to get cooperation of the producers, a lower rate for
collection of these materials may be necessary. It is anticipated that a food waste
program would divert an additional (approximately) 1.5%.
4. Residential Recycling
The current residential curbside recycling program in South San Francisco is
comprehensive, collecting all paper, cardboard, glass, tin, aluminum, PET and HOPE
plastics. Although the material types collected are varied, there still is potential for
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increased diversion through higher participation in the existing program. As paper is
a majority of the materiaf recycled, it is also an area where the most potential
diversion exists.
Participation is not the only indicator of the success of a residential program,
however. It is also important to ensure that those participating in the programs are
efficient in their recycling, and are keeping their recyclabfe material out orthe
garbage cans. Generally a cost-effective way to increase residential tonnage is
mcreased information and education. Mailings to customers, as well as presentation
to citizen and neighborhood groups can help to increase diversion.
If recovery of residential paper and cardboard eventually reached 70% (a
realistic goal) which is consistent with some estimates for potential diversion, an
additional 770 tons 4.1 % total (2.1 % additional) could be recovered.
5. Commercial Recycling
Commercial recycling is an area that has substantial potential for increased
diversion. There are several programs that could be implemented to increase
diversion.
Increase Education and Information -Similar to residential recycling, a cost
effective way to increase particiJ?ation and diversion rates in commercial recycling is
by increasing communication With customers, both by mailing educational matenals
and conductmg site visits.
Speaking to Business Groups -This is often an efficient wa~ to meet with
many businesses leaders and owners at one time. Workshops can be held for
businesses to help with waste management.
Target Largest Producers -There are often a few large commercial customers
that produce a significant portion of the waste stream. Inspection of these
generators, as well as site visits (in order to conduct waste audits) can help to increase
recycling.
Small Business "Strip" ReITTcling -It is often cost effective to identify areas
with large concentrations of smalbusinesses that can cooperatively participate in
recycling programs. This may also require site visits.
Award a Yearly "Recycler of the Year" -This can help to increase awareness
and participation.
Recyclable paper and cardboard from the commerciaVindustrial sector is 15.5%
of the generated waste, in which recyclable glass is 1.2% and metals are 5.0%. If 50%
of the recoverable ceaper, metals, and glass are recycled, 11.14 tons will be diverted
(an additional 7 .1 ffi). If commercial recycling programs fail to demonstrate such a
Rerformance it is very unlikely that diversion goals could be reached, and as a result,
this should be considered a critical area.
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6. New Sorting Lines
New sorting lines with better designs and increased capacity can achieve
additional diversion beyond yard waste and C & D, many additional materials can be
recovered from the waste stream with sorting lines that have increased capacity and
sorting ability. The ability of having flexibility in sorting is a major reason that many
of the programs listed above can succeed. There are other matenals, not included
above, that may be able to be recovered from the waste stream as a result of increased
sorting capabihtv. A reasonable estimate of increased diversion beyond the programs
listed above is 3%.
7. Increased Recycling Due to Tonnage Recovered from Non-Franchised Haulers
As mentioned above, haulers servicing customers in South San Francisco
contrary to the franchise are disposing of a significant portion of the waste in the
City, and it is felt that there are materials being landfilled that could be recycled if
they were collected through the franchised hauler. Recovery of this material is an
important part of increasing diversion in the City. If SSFSC was hauling this
material per the franchise agreement, there would be increased tonnages in all of the
above programs, and thus increased diversion. Some of this material would likely
end up in source separated recycling programs, while other material would go to the
transfer station, witb an additional opportunity for recovery. We believe ti.fat an
additional 5% of the waste stream could be diverted from the landfill through the
recovery of this tonnage.
8. Increased Educational and Outreach Efforts
Although increased education and outreach is not a separate diversion category
for the purposes of this study, it is an essential part of all diversion efforts. As a
result, oelow is a summation of the education and outreach efforts suggested for the
above programs, as well as additional educational outreach.
Yard Waste -Mailings to customers explaining the benefits of the program, as
well as newspaper articles and other media.
Food Waste -Public education targeted at large restaurants, supermarkets, and
produce stores may help to maximize participation in the program.
Construction and Demolition Debris -On site visits to construction projects in
order to educate the crew on material separation can be beneficial. Printed materials
reviewing disposal options have been shown to be successful. Meeting with industry
groups to educate th.em on the benefits of recycling can also be useful.
Residential Re{bclin/i: -Mailings to customers, as well as newspaper articles and
media advertising can e e ective methods. An audit of participation m the
programs can allow educational efforts to be more directed, ancf henceforth more
cost-effective.
Commercial Recycling -Speaking with staff of large commercial customers in
order to educate them about programs and the benefits of recycling can help to
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increase participation and diversion. Building relationships with business groups is a
cost effective method to get educational information to customers and can also be
useful.
School Programs -Sponsoring special events and/or curriculum, for primary
and secondary scnools can be an eftecuve educational tool, as well as field trips to the
transfer station/MRF facility.
Conclusion
In summary, we've discussed an overview of existing pro~ams and possible
new programs that can bring South San Francisco above tfie 50 *> diversion rate goal.
As presented, additional diversion must come from the commerciaVindustrial sector,
as a majority of the waste in the City comes from this sector. We have the ability to
reach 50%, but it will require strengthening existing programs and the
implementation of new programs. It will also necessitate the construction of new
sorting lines in order to extract additional materials from the waste stream. A crucial
factor is the expansion of education in both the residential and commercial/industrial
sectors regarding the importance of participating in recycling programs. With the
assistance of the City, tnere is the af>ility to comply with AH 939 and meet the
mandated diversion goals.
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EXHIBIT B
MAXIMUM SERVICE RATES
Effective November 1, 1 997
1. Residential Can Service (Per Month) -includes curbside recycling
A. Service Level by Container Volume
20 Gallons (Senior Citizen)
30 Gallons
32 Gallons
64 Gallons
96 Gallons
128 Gallons or more
$ 11.28
13.22
14.10
31.02
48.65
67.68
2. Commercial and Institutional Can Service (Per Month) -no
charge for source separated recyclable materials
30 Gallons
32 Gallons
40 Gallons
45 Gallons
55 Gallon Drum
$ 14.36
15.31
19.14
21.53
26.32
3. Commercial and Institutional Compactor Service
Per Cubic Yard $ 28.81
4. Debris Box Service, Residential and Commercial and
Institutional
Temporary I One Time Use
5 Yard Mini-Box
7 Yard
14 Yard
20 yard
30 Yard
$ 106.87
233.52
233.52
317.95
458.67
Rental Charge (per day, over 3 days for 5 Yard and
over 7 days for others) $ 8. 79
Permanent Commercial Use
7 Yard
14 Yard
20 Yard
30 Yard
Overweight Charge
$
Content Weight in excess
of 3 tons, per ton $
27
197.01
197.01
281.44
422.16
55.02
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5. Commercial and Institutional Bin Service -no charge for
source separated recyclable materials
A. Regular Pick-Up (Per Month)
1 -Yard Container $
2 -Yard (Front End Loader Bin)
3 -Yard (Front End Loader Bin)
4 -Yard (Front End Loader Bin)
5 -Yard (Front End Loader Bin)
6 -Yard (Front End Loader Bin)
B. On Call Pick-Up, Per Yard
Per Pick-Up, Per yard $
Plus Container Rental Per Month
Rental Charges:
1 Yara Container
2 Yard Container
3 Yard Container
4 Yard Container
5 Yard Container
6 Yard Container
28
85.46
128.14
192.22
256.29
320.37
384.43
14.79
$ 22.38
24.29
26.08
27.99
31.70
33.62
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EXHIBITC
SERVICE CATEGORIES TO BE BENCHMARKED
Residential Can Service:
20 Gallons (Senior Citizen)
32 Gallons
Commercial and Institutional Can Service:
32 Gallons
Commercial and Institutional Compactor Service:
Per Cubic Yard
Debris Box Service:
14 Yard
Commercial and Institutional Bin Service-Regular Pick-Up:
2 -Yard (Front End Loader Bin)
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Alameda
Burlingame
Campoell
Castro Valley
Cupertino
Daly City
El Cerrito
El Sobrante
Fremont
Gilroy
Hayward
Hercules
Los Altos
Los Gatos
Martinez
Menlo Park
Millbrae
Monte Sereno
Morgan Hill
Palo Alto
Piedmont
Pinole
Pittsburg
Richmond
San Bruno
San Leandro
San Mateo
San Pablo
Saratoga
Sunnyvale
Union City
Woodside
EXHIBITD
BENCHMARIGNG JURISDICTIONS
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EXHIBIT E
NON-EXCLUSIVE FACTORS AFFECTING CHOICE OF JURISDICTIONS
Container size
Franchise fees
Disposal fees
Haul distance to the disposal site
Billin!!/Collection
Francnise exclusivity
Level of service provided (e.g., materials collected)
Frequency of collection
Location of containers
Provision of containers
Recycling program -frequency and commodities
Recycling programs -separate rates or charges
Topograpfiy and geography
Nature of streets ancf ease of access
Potential for commercial subsidy
Demographic information
Revenue mfom1ation
J:\WPD\MODEM\FRAGSF.JNK
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AMEl\lDMENT TO THE AGREEMENT FOR THE COLLECTION Al'\JD DISPOSAL OF
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Al11endment , dated 5/;l~. 2001, is made by and between the City of South San
Franc isco ("City"), a municipal corpo ration , and South San Francisco Scav enge r Co ., Inc., a
C al iforni a corporation ("Scavenger Company"), with reference to the followin g:
WHEREAS , Scavenger Company operates a franchise within the City for the co ll ection
o f waste and disposal and recycl in g of same pursuant to th at ce rt a in Agreement For Th e
C ollection And Disposal Of Sol id Waste Matter In Th e City Of South San Francisco dated
<oj.;.5 , 1997 ; and ,
WHEREAS , City and Scavenger wish to amend the Agreement to allow g reater
n exibility in conducting the annual c lean up required under the Agreement;
NOW, THEREFORE , the parties agree as follows:
I. Section 5.10 of the Ag reement is deleted in its enti rety and the following language is to
be inserted as the new section 5.10 and is effective as of the date of this Amendment:
"Citywide Cle an-Up: Scavenger Company shall sch edu le up to two (2) special pick-ups
per calendar year, at no cost to the resident or City, for each resident of the City of South
San Francisco. A resident may call and schedu le a special pick-up at any time during the
course of the ca lendar year on the resident's regular service clay of the week and
Scavenger Company sha l I arra nge for service at the co nvenience of th e resident.
Scavenger sha ll accept a ll nature of solid waste, excep t hazardous waste and hou se hold
hazardous waste . The on ly limitation upon receiving service from Scavenger Company
is residents requ esting this service must adhere to the published re gu lations regarding
materia l amounts for each pick-up scheduled. The twice annua l collections shall be made
each year throu g hout th e term of this franchi se in accordance w ith practices and
procedures establi s hed by Scavenger Company, and approved by the City Manager."
2. All other tem1s and conditions of the Agreement shall remain in full force and effect.
lN WITNESS WHEREOF, the parties have executed this Amendment.
SOUTH SAN FRANCISCO SCAVENGER
CO., TNC.
B y ~litedb~
ATTEST:
CITY OF SOUTH SAN FRANCISCO
By Mi~:!(.~n~nagcr
APPROVED AS TO FORM
J :\ \:VP D\Mnrsw\4 0 5\00 I \AG R EE\200 IV anuary\sca vengcr _amc nd_O I 17 .doc
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SECOND AMEND1\.1ENT TO THE AGREE1\.1ENT FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Second Amendment (the "Amendment"), dated May 9, 2002, is made by and
between the City of South San Francisco, a municipal corporation ("City"), and South San
Francisco Scavenger Co., Inc., a California corporation ("Scavenger Company"), with reference
to the following:
WHEREAS, Scavenger Company operates a franchise within City for the collection of
waste and disposal and recycling of same pursuant to that certain Agreement For The Collection
And Disposal Of Solid Waste Matter In The City Of South San Francisco dated July 9, 1997, as
previously amended by that certain Amendment dated May 25, 2001 (the "Agreement"); and
WHEREAS, Scavenger Company has, since July 1, 2001, been collecting and disposing
of City-generated sewage sludge for a fee; and
WHEREAS, City and Scavenger Company wish to amend the Agreement to provide for
Scavenger Company's collection and disposal of City-generated sewage sludge on the terms
herein;
NOW, THEREFORE, the parties agree as follows:
1. Section 5.9 of the Agreement is amended, effective as of the date of this
Amendment, to insert a new subsection (a) at the end thereof, as follows:
"(a) Sewage Sludge: Throughout the term of this Agreement, Scavenger
Company shall have the right to, and shall, collect and dispose of all sewage sludge generated at
treatment facilities owned by, or operated by or for, City ("Sludge") in accordance with the terms
of this Section 5.9(a). Scavenger Company's right to collect Sludge shall be exclusive, subject to
the following exceptions: (i) City may dispose of Sludge which constitutes recyclable materials
within the meaning of Section 2.11 above in accordance with any of the exceptions to Scavenger
Company's exclusive franchise hereunder set forth in Section 1.3 above; and (ii) City may
dispose of Sludge which constitutes hazardous waste within the meaning of Section 2.7 above as
City desires and Scavenger Company may refuse to collect such Sludge.
(1) Scavenger Company shall collect Sludge on a schedule that is
sufficient in frequency and volume to maintain the efficient operation of the applicable treatment
facilities; provided, however, that City shall be solely responsible for designing, constructing and
maintaining equipment at such facilities adequate to permit Scavenger Company to meet such
collection responsibilities. Scavenger Company may dispose of Sludge collected by it as waste
or recycle same in any lawful manner. Scavenger Company may assign its collection and
disposal or recycling obligations hereunder to one or more subcontractors so long as each
subcontractor complies with Sections 7, 8.1 and 9 below.
(2) City shall pay Scavenger Company $38.05 for each wet ton of
Sludge collected and disposed of hereunder (the ''Tonnage Rate"). The Tonnage Rate shall be
subject to increase as of July 1 each year during the term of this Agreement (commencing with
July l, 2002) in accordance with Section 6.2 below, and shall also be subject to adjustment in
33 of 40
accordance with Section 6.3 below. Scavenger Company shall bill City monthly for its services
in collecting and disposing of Sludge. Each bill s hall be accompanied by a statement setting
fo 11h the number of tons of Sludge collected by Scavenger Company for the previous calendar
month. City shall pay the amount billed with in thirty (30) days after receipt. None of the
amounts paid by City to Scavenger Company pursuant to this Section 5.9(a) shall be s u bject to
the franchise fees described in Section 4 above .
(3) To the extent Scavenger Company uses Sludge for land
application , City shall provide Scavenger Company with such pe riodic certifications as to the
content of Sludge and the levels of pathogen and vector attraction reduction achi eved as are
reasonably necessary to permit compliance with 40 C.F.R. 503.
(4) In the event of any conflict between thi s Section 5.9(a) and any
other provis ion in thi s Ag reement, thi s Section 5.9(a) shall prevail."
2 . All other tenns and conditions of the Agreement shall remain in full force and
effect.
1N WITNESS WHEREOF, che parties have executed this Amendment.
SOUTH SAN FRANCISCO SCAVENGER
CO., lNC.
By ~/ ~ lYltw,,ib\,__
ATTEST:
mp;~
CITY OF SOUTH SAN FRANCISCO
STOFORM
2 34 of 40
TIIlRD AMENDMENT TO THE AGREEMENT
FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER
IN THE CITY OF SOUTH SAN FRANCISCO
This Third Amendment to the Agreement for the Collection and Disp
Waste Matter in the City of South San Francisco made and entered into as of_,__......,..--~
__ , 2003 by and between the City of South San Francisco, a municipal c
(hereinafter "City"), and South San Francisco Scavenger Company, Inc.
corporation (hereinafter "Scavenger Company"), bears the following recitals:
A. On July 9, 1997, the parties entered into an Agreement for the Collection
and Disposal of Solid Waste Matter in the City of South San Francisco.
B. The parties now desire to amend the Agreement as hereinafter provided.
NOW, THEREFORE, the parties hereto agree as follows:
Section 4.1 of the Agreement is amended to state as follows in its entirety and the
following language is to be inserted as Section 4.1 and is effective as of the date of this
Amendment:
4.1 "Franchise Fee: On or before the twentieth (20th) day of each month during the
term of this franchise, Scavenger Company shall remit to City a sum of money
equal to ten percent (10%) of the gross revenues collected by Scavenger Company
from customers within the City limits during the preceding calendar month as a
franchise fee. If the franchise fee is not paid on or before the twentieth (20th) day
of any month, a late payment fee in an amount equal to eighty-three one
hundredths of a percent (0.83%) of the amount owing per month will be charged
for each thirty (30) day period the franchise fee remains unpaid."
Section 5.9 of the Agreement is amended to state as follows in its entirety and the
following language is to be inserted as Section 5.9 and is effective as of the date of this
Amendment:
5.9 "Pick Up at City Facilities: Scavenger Company shall remove, without charge, all
solid waste generated at all City facilities (of the nature and in the amounts
collected as of the commencement of this franchise agreement) at least once per
week, but Scavenger Company may charge all other public agencies for services
rendered at the same rates and on the same basis as private firms or individuals
are charged for similar services. As of July 1, 2003, Scavenger may charge the
City for removal of solid waste generated by the City's Water Quality Control
Plant in accordance with rates, terms and conditions charged to other public
agencies or other comparable rate categories operating within the City of South
Solid Waste Collection and Disposal Amendment Page I of2 35 of 40
.....
San Francisco. No other City facility will be subject to a charge for the removal
of solid waste."
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day
and year first above written.
DATED:. ____ _ BY:
ATTEST:
CITY OF SOUTH SAN
SOUTH SAN FRANCISCO
SCAVENGER COMPANY, INC.
C:\Third Amendment 10 Scave nger Agree ment -SSF.DO C
So lid Waste Collec ti o n and Dispos al Amendment Pag e 2 of2 36 of 40
Exhibit A
FOURTH AMENDMENT TO THE AGREEMENT FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Fourth Amendment dated February 13, 2013 is made by and between the City of
South San Francisco, a municipal corporation (hereinafter "City"), and South San Francisco
Scavenger Company, Inc., a California corporation (hereinafter "Scavenger Company"), and
amends that certain Agreement for the Collection and Disposal of Solid Waste in the City of
South San Francisco dated July 9, 1997 by and between the City and the Scavenger Company, as
previously amended (hereinafter the "Franchise Agreement"), with reference to the following:
WHEREAS, the current term of the Franchise Agreement ends on October 31, 2017; and
WHEREAS, there is a single optional extension provision in the Franchise Agreement
which could extend its term for an additional ten years but which has not yet been exercised; and
WHEREAS, the Scavenger Company has embarked upon a number of large capital
projects which City and Scavenger Company believe will be of benefit to the citizens of South
San Francisco and in some cases, are required by changes in state law; and
WHEREAS, the Scavenger Company will need to seek a substantial amount of financing
for those capital projects; and
WHEREAS many of those capital projects have useful lives extending for many years
beyond the current term of the Franchise Agreement even should it be extended as described
above; and
WHEREAS financing for such capital projects with principal repayment prov1s1ons
extending through a term closer to those usefol lives will keep the annual cost of financing those
projects as low as possible for the Scavenger Company and the ratepayers of the City; and
WHEREAS bank underwriting criteria generally requires that the term of any financing
for solid waste, recycling and similar projects cannot extend past the expiration of any such
exclusive franchise; and
WHEREAS the parties hereto have determined that in order to allow development of the
various capital projects described above and to assist the Scavenger Company in obtaining the
lowest possible annual cost of financing therefore and resulting beneficial effect on the City's
ratepayers, that the term of the Franchise Agreement should be extended and structured so as to
provide the Scavenger Company and its lender with the ability to finance its beneficial projects
now and in the future over periods closer to the useful lives of those projects; and
WHEREAS the parties are not changing the provisions in Section I 0 of the Franchise
Agreement with respect to rights to terminate with cause, which provide ratepayers and
customers adequate protections, even with the Franchise Agreement extension.
THEREFORE, the City and the Scavenger Company in consideration of the above and
other valuable consideration, receipt of which is hereby acknowledged do agree as follows:
37 of 40
A. Section 3 of the Franchise Agreement is hereby amended by striking it and replacing it in its
entirety with the following:
3 .1 The term of the Franchise Agreement shall be for a period of twenty (20) years,
commencing on November 1, 2012 and ending on October 31, 2032 ..
3.2 Provided that Scavenger Company is in material compliance with the terms of this
Franchise Agreement, the tenn of this Franchise Agreement shall be annually extended for one
(1) additional year on October 31, 2013, and on October 31 of each succeeding year as
determined by the City so that the remaining term of this Franchise Agreement shall be twenty
(20) years.
3.3 The annual one (1) year extension described in Section 3.2 above may be
terminated by either party in its sole discretion, without cause, by providing written notice to the
other party ("Notice of Non-Extension''). Such Notice of Non-Extension shall cause the one year
extension described in Section 3.2 to not occur. Accordingly, the term of the Franchise
Agreement shall end twenty (20) years from the date of the Notice of Non-Extension.
B. Section 4 of the Franchise Agreement is hereby an1ended by adding the following Section 4.3
to read as follows:
4.3 Beginning July l, 2013, the Scavenger Company shall remit to the City $15,000
each month as a Source Reduction and Recycling Element franchise fee ("SRRE fee"), which the
City may use for purposes related to, but not limited to, landfill monitoring, landfill remediation
and/or reducing the City's stream of solid waste within the City of South San Francisco.
(a) Each July 1 beginning on July 1, 2014, the $15,000 SRRE monthly fee will be
adjusted by an amount equal to eighty percent (80%) of the percentage increase, if any, in the
Consumer Price Index for Urban Wage Earners and Clerical Workers, as published and
maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland
Metropolitan Area ( 1982-84= 100) for the prior year, using the Index most recently published on
or before March 31st of such year and on or before the prior March 31st.
C. Section 6 of the Franchise Agreement is hereby amended by adding the following section
6.2(e) to read as follows:
(e) Concurrently with the rate review materials submitted to the City as
described in this Section, not later than March 31st, of each year that is subject to a rate
increase, the Scavenger Company shall provide the City with an updated twenty (20) year
capital master plan which outlines the Scavenger Company's capital investment needs and
any other documents reasonably necessary to keep the City Council informed of the
Scavenger Company's longer term investment plans consistent with the twenty (20) year
Franchise Agreement term.
D. Section 10 of the Franchise Agreement is hereby amended by striking Section 10.2 in its
entirety and shall read as follows:
38 of 40
10.2 Reserved.
As modified by this Fourth Amendment, the Franchise Agreement shall remain in full
force and effect in accordance with its terms.
In the event of any inconsistency between this Fourth Amendment and the Franchise
Agreement, this Fourth Amendment shall prevail..
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment effective as
of the date first set forth above.
SOUTH SAN FRANCISCO SCA VEN GER COMP ANY, INC.
By:
CITYlSF SOUTH SAN FRANCISCO
APPROVED AS TO FORM:
2046302.1
39 of 40
RESOLUTION NO. 10-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, ST ATE OF CALIFORNIA
A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE
AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, on July 9, 1997) the City of South San Francisco (''City") and South San
Fra11cisco Scavenger Company, Inc., entered into an agreement for collection and disposal of
solid waste matter in the City ("Agreement"); and
WHEREAS, in 2001, 2002 and 2003, respectively, the City and South San Francisco
Scavenger have amended the Agreement; and
WHEREAS, the City and South San Francisco Scavenger now desire to further amend
the Agreement by extending the term of the Agreement to a twenty (20) year term, that
automatically extends for one (1) year every year.
NOW) THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves of the Fourth Amendment to the Agreement for
the Collection and Disposal of Solid Waste Matter in the City of South San Francisco with South
San Francisco Scavenger Company, Inc., as set forth in Exhibit A, attached hereto.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Fourth Amendment on behalf of City of South San Francisco, subject to approval
as to fonn by the City Attorney.
* * *
I hereby certify that the foregoing R 1esolution was adopted by the City Council of the City of
South San Francisco at a regular City Council meeting held on the 13 10 day of February, 20 l 3 by
the following vote:
AYES: Councilmembers Mark N. Addiego, Richard A Qarbarino, P:radeep Gupta,
Mayor Pro Tern Karyl Matsumoto, and Mayor Pedro Gonzalez
NOES: None "--'-"-=-------------·---------------
ABSTAIN: None ~---'------·
ABSENT:
40 of 40
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-435 Agenda Date:6/9/2021
Version:1 Item #:18a.
Resolution confirming the change in solid waste collection rates to be collected by the South San Francisco
Scavenger Company effective July 1, 2021.
WHEREAS,on July 9,1997,the City Council approved a franchise agreement for collection and
disposal of solid waste with the South San Francisco Scavenger Company; and
WHEREAS,under the terms the Franchise Agreement,every third year of the agreement the solid waste
rates are adjusted based on a rate survey of cities throughout the San Francisco Bay Area,and adjusted by 80
percent of Consumer Price Index in the intervening years; and
WHEREAS,the South San Francisco Scavenger Company submitted a timely notice of intent to adjust
its rates for solid waste and sludge hauling for Fiscal Year 2021-22; and
WHEREAS,the South San Francisco Scavenger Company’s proposed rate adjustment is consistent with
the terms of the Franchise Agreement in that it is proposed to be increased by an amount equal to eighty percent
(80%)of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers,
as published and maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland
Metropolitan Area; and
WHEREAS,City staff has reviewed and verified the data contained in the rate survey and the rate
change calculation.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does
hereby confirm the solid waste fees charged by the South San Francisco Scavenger Company for Fiscal Year
2021-2022 comply with the terms of the Franchise Agreement.
BE IT FURTHER RESOLVED,that the changes in the solid waste fees charged by the South San
Francisco Scavenger Company will become effective July 1, 2021.
*****
City of South San Francisco Printed on 6/11/2021Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-470 Agenda Date:6/9/2021
Version:1 Item #:19.
..Title
Report regarding the status of statewide residential eviction moratorium legislation and consideration of future
action. (Alex Greenwood, Economic and Community Director).
RECOMMENDATION
Staff recommends that the City Council provide direction to staff on whether to send a letter to the State
legislature urging an extension of the current moratorium on residential eviction due to loss of income
caused by the COVID-19 pandemic.
BACKGROUND
From the early months of the COVID pandemic,there was a recognition that many thousands of local residents
were coping with job losses and other economic disruption,and therefore were at risk of eviction.As a result,
the State legislature,along with many city and county governments,took legislative action to protect renters
from eviction.
In particular,California Assembly Bill (AB)3088 established a moratorium on residential evictions.
Subsequently,the legislature passed California Senate Bill (SB)91,which extended,clarified,and strengthened
the renter protections in AB 3088.The statewide eviction moratorium now expires on July 1,2021.Like AB
3088,SB 91 requires tenants to pay at least 25%of their rent owed during this time (September 1,2020 through
June 30,2021)to avail themselves of its protections.Tenants who have met this threshold cannot be evicted
due to non-payment of rent due to financial loss associated with COVID-19.In addition,the state established
an Emergency Rental Assistance Program (ERAP)to provide rent relief for renters below 80%Area Median
Income (AMI).
On March 15,the state’s ERAP was established with the purpose of preventing evictions by paying up to 80%
of any unpaid rent from April 1,2020 to June of 2021 with the participation of the landlord.In San Mateo
County,the Local Initiatives Support Corporation (LISC)administers the program through the Housing is Key
application portal.As of May 16,2021,only $1.4 million have been paid to renters from the ERAP program out
of $21.6 million that has been requested.Statewide,less than 1%of funds have been paid through ERAP.
Consequently,with delays in paying for rent relief through the state and the eviction moratorium set to expire,
South San Francisco renters will be left with thousands of dollars in rent debt after June 30th and could be
evicted.
According to Legal Aid of San Mateo County,eviction notices are at a normal pace this year even with the
eviction moratorium in place. Court cases that are being filed are:
·No fault terminations (owner move-in or substantial remodel),
·Non-payment of rent where the tenant did not return a covid-related declaration, and
·Nuisance or breach of lease.
City of South San Francisco Printed on 6/4/2021Page 1 of 2
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File #:21-470 Agenda Date:6/9/2021
Version:1 Item #:19.
Once the protections lapse,evictions are expected to skyrocket.The most vulnerable residents are those
households who are unable to pay the 25%of rent under SB 91 and cannot pay a full month of rent for July 1.
According to RSG,the City’s on-call economic development and housing consultant,approximately 370 renter
households are at risk of eviction after the pandemic.YMCA,the City’s core agency reports that there are at
least 900 renters in their database who will need rental assistance come July 1.
DISCUSSION
The question before City Council is whether or not the City should send any formal communication to the State
legislature,urging an extension of the residential eviction moratorium beyond July 1,2021.An extension of the
moratorium will allow more time for the State to disburse funds to renters and cover renters’unpaid debt.The
extra time will also allow the City to evaluate where dedicated PLHA and renter assistance funds need to target.
If Council opts to do nothing and the moratorium expires,staff anticipates that there could be mass evictions
and millions of dollars of unpaid debt from renters that have yet to be paid under SB 91 as well as rent payment
due for this coming July 1st.
In support of the Council’s policy discussion,staff is including a draft,model letter that could be sent by the
Mayor to urge the State to:
§Extend eviction protections to allow all renters sufficient time to take advantage of State-offered rental
assistance programs and to allow rental assistance funds to be distributed;
§Simplify the application process and make the process more accessible;
§Protect tenants from eviction, even when temporary eviction protections end, in cases where the tenant
has applied for rental assistance but has not yet received it, or if their landlord received assistance to
clear all back rent owed.
RELATIONSHIP TO STRATEGIC PLAN
Renter protection measures address Strategic Plan Priority Area #2 -Quality of Life,which includes a range of
objectives related to ensuring affordable housing for residents.
FISCAL IMPACT
This staff report is for discussion purposes only and has no direct fiscal impact on the City.
CONCLUSION
Staff recommends that the City Council provide direction to staff on whether to send a letter to the State
legislature urging an extension of the current moratorium on residential evictions.
Attachment:
1.Sample Letter to Expand SB 91
City of South San Francisco Printed on 6/4/2021Page 2 of 2
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June 9, 2021
The Honorable Gavin Newsom
Governor of California
State Capitol
Sacramento, CA 95814
The Honorable Toni Atkins
Senate President Pro Tempore
State Capitol, Room 205
Sacramento, CA 95814
The Honorable Anthony Rendon
Speaker of the Assembly
State Capitol, Room 219
Sacramento, CA 95814
RE: Request to Extend SB 91 to Meet the Needs of Californians
Dear Governor Newsom, Pro Tem Atkins, and Speaker Rendon:
The City of South San Francisco urgently requests an extension and related updates to SB 91.
Modifications to the State’s rent relief program requirements and an extension of the
eviction moratorium are necessary to ensure that the funds reach low-income tenants and
their landlords and to ensure that California does not face an eviction crisis now or in the
future.
Applications to date for emergency rental and utility assistance demonstrate the significant need
for changes to the program. As of May 16, 2021, only $1.4 million have been paid to renters from
the ERAP program out of the $21.6 million that has been requested. Statewide, less than 1% of
funds have been paid through the Emergency Rental Assistance Program (ERAP). Consequently,
with delays in paying for rent relief through the State and the eviction moratorium set to expire,
South San Francisco renters will be left with thousands of dollars in rent debt after June 30th and
could be evicted.
According to Legal Aid of San Mateo County, eviction notices are at a normal pace this year even
with the eviction moratorium in place. Once the protections lapse, evictions are expected to
CITY COUNCIL 2021
MARK ADDIEGO, MAYOR
MARK NAGALES, VICE MAYOR (DIST. 2)
JAMES COLEMAN, MEMBER (DIST. 4)
EDDIE FLORES, MEMBER
FLOR NICOLAS, MEMBER
MIKE FUTRELL, CITY MANAGER
skyrocket. The most vulnerable residents are those households who are unable to pay the 25%
of rent under SB 91 and cannot pay a full month of rent for July 1. According to RSG, the City’s
on-call economic development and housing consultant, approximately 370 renter households are
at risk of eviction after the pandemic. YMCA, the City’s core agency reports that there are at least
900 renters in their database who will need rental assistance come July 1.
In light of these alarming trends, we respectfully request the following changes:
● Extend eviction protections for sufficient time to allow all renters the opportunity to
take advantage of State-offered rental assistance programs and to allow rental
assistance funds to be distributed;
● Simplify the application process and remove language and other barriers to accessing
the program;
● Protect tenants from eviction, even when temporary eviction protections end, in cases
where the tenant has applied for rental assistance but has not yet received it, or if their
landlord received assistance to clear all back rent owed;
These suggested modifications align with what the majority of Californians feel the state needs
to provide to struggling renters. According to a new statewide poll, more than 60% of
Californians support an extension of the state’s eviction moratorium and 64% want [the state]
to deliver $5.2 billion to help low-income renters to pay back-rent and make future rent
payments.
The requested extension and associated changes to SB 91 will allow more flexibility to expend
the funds and extending the eviction moratorium will give us the time to reach all eligible
tenants and their landlords. Implementing changes now will help to meet the needs of
households with low income in [place] and across California.
Sincerely,
Mark Addiego
Mayor, South San Francisco
6/14/2021 19. 21-470 Report regarding the status of statewide residential eviction moratorium legislation and consideration of future action. (Alex Gr…
https://ci-ssf-ca.granicusideas.com/meetings/1638-city-council-on-2021-06-09-6-00-pm/agenda_items/60ba6febf395e7961a00012d-19-21-470-report-r…1/1
Agenda Item
19. 21-470 Report regarding the status of statewide residential eviction moratorium legislation and
consideration of future action. (Alex Greenwood, Economic and Community Director).
Legislation Text Attachment 1 - Mayor's Letter to Request Extension of SB 91
1 Public Comment
Guest User at June 09, 2021 at 3:56pm PDT
Hi, today I’d like to express my support for the extension of the city-wide eviction moratorium. Renters
compose about 39% of households in South San Francisco. And according to the Urban Displacement
Project, a research initiative by UC Berkeley which collects data on regions with high rates of
displacement, about 5,000 households are at risk of gentrification and displacement, about 5,000 are
currently experiencing gentrification and displacement, and about 3,700 households are in the late stages
of gentrification. This data was also cited in a SHAPE SSF report.
Statewide there have been over 150,000 applications for rent relief and about only 50,000 of them have
been processed. As you are all aware, there have been applications filed for state relief in this city, and
many are still waiting to be processed.
Between preventing the displacement of life-long South City residents and allowing landlords the ability
to flip their property, however they may choose, in order to make money, most would choose the former. If
small landlords who solely rely on rent checks as income are the issue, there are other ways to address the
issue without clearing protections.
Renters in this city need more time and support. Extending the eviction moratorium would do exactly that.
Above this, every individual who feels a sense of belonging in this city deserves to be here. Income should
not be a factor in the displacement of someone with roots in this community regardless of whether it's a
pandemic or not. We need to invest in programs and laws which mitigate and will ultimately erase
displacement and houselessness.