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HomeMy WebLinkAbout2021-07-28 e-packet@6:00Wednesday, July 28, 2021 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING July 28, 2021City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING NOTICE The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff may participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20, N-63-20 and N-08-21 allowing for deviation of Teleconference Rules required by the Brown Act & pursuant to the order of San Mateo County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of South San Francisco will hold the Special City Council meeting through a hybrid of in -person attendance with the City Council, designated staff, and limited members of the public at the City Council Chambers and through the virtual platform, Zoom. In-person attendance by members of the public will be subject to maximum capacity and current health and safety protocols. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 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. Page 2 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/88369060485 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,88369060485# or +13462487799,,88369060485# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 883 6906 0485 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council Meeting: Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is https://ssf-net.zoom.us/j/88369060485. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,88369060485# or +13462487799,,88369060485# 2) Online at: https://ssf-net.zoom.us/j/88369060485 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. IN-PERSON: Please complete a Speaker Card located at the entrance to the Council Chamber ’s and submit it to the City Clerk. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. Page 3 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda 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 4 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS In Recognition of August as National Immunization Awareness Month. (Mayor Mark Addiego) 1. Presentation of Youth Summer Internship Program Graduates (Leah Lockhart, Human Resources Director) 2. PUBLIC COMMENTS Submitted Public Comments 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. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meeting of June 9, 2021.3. Page 5 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda Report regarding a motion to accept the construction improvements of the 2020 Street Surface Seal Project (st2103) as complete in accordance with plans and specifications (Total Construction Cost $2,353,259.85) (Angel Torres, Senior Civil Engineer). 4. Report regarding a resolution authorizing the City of South San Francisco’s application for $2,362,500 from California’s Local Housing Trust Fund (“LHTF”) Program and approving a City Letter of Funding Commitment to Eden Housing providing matching funds for an 82-unit affordable rental housing project at 201 Baden Avenue (Julie Barnard, Economic Development Coordinator) 5. Resolution authorizing the City of South San Francisco’s application for $2,362,500 of California’s Local Housing Trust Fund (“LHTF”), and approving a City Letter of Funding Commitment to Eden Housing to provide matching funds for an 82-unit affordable rental housing project at 201 Baden Avenue. 5a. Report regarding a resolution approving the third amendment to the Purchase and Sale Agreement for the property located at 432 Baden Avenue. (Julie Barnard, Economic Development Coordinator) 6. Resolution approving a Third Amendment to the Purchase and Sale Agreement for the property located at 432 Baden assigning the Agreement from Baden Developments LLC to For the Future Housing, modifying the development to a fully-affordable housing product, and reducing the purchase price from $1,100,000 to $1. 6a. Report regarding a resolution determining that no further review under the California Environmental Quality Act is required and authorizing the City Manager to execute a Purchase and Sale Agreement for 71 Camaritas Avenue and approving Budget Amendment Number 22.014 appropriating $5.5 million for the acquisition. (Julie Barnard, Economic Development Coordinator) 7. Resolution determining that no further review under the California Environmental Quality Act is required and authorizing the City Manager to execute a Purchase and Sale Agreement for 71 Camaritas Avenue and approving Budget Amendment Number 22.014 appropriating $5.5 million for the acquisition 7a. Report regarding a resolution appointing directors to the Pooled Liability Assurance Network Joint Powers Authority on behalf of the City of South San Francisco. (Jason Wong, Deputy Finance Director) 8. Resolution appointing directors to the Pooled Liability Assurance Network Joint Powers Authority on behalf of the City of South San Francisco. 8a. Page 6 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda Report regarding a resolution approving a Public Art Agreement to design and purchase three art pieces which includes a vertical sculpture and two matching lawn elements by Ride Art Studio for a price of $464,000. (Philip Vitale, Deputy Director Capital Projects) 9. Resolution approving a Public Art Agreement with Ride Art, LLC of Berkeley, California for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $464,000, and authorizing the City Manager to execute the agreement. 9a. 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) 10. 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. 10a. Report regarding a resolution to approve proposed amendments to the Master Fee Schedule for Fiscal Year 2021-2022 (Heather Enders, Management Analyst II) 11. Resolution approving proposed amendments to the Master Fee Schedule for Fiscal Year 2021-2022. 11a. Report regarding a resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds. (Ernesto Lucero, Economic Development Coordinator) 12. Resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds. 12a. Report regarding a resolution approving a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and approving Budget Amendment Number 21-603 appropriating $200,000 for additional program-related expenses. (Nell Selander, Deputy Director, Economic & Community Development Department) 13. Resolution approving a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and approving Budget Amendment Number 22.015 appropriating $200,000 for additional program-related expenses. (Nell Selander, Deputy Director, Economic & Community Development Department) 13a. Page 7 City of South San Francisco Printed on 8/3/2021 July 28, 2021City Council Regular Meeting Agenda Report regarding an Ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Ashley Crociani, Policy Analyst) 14. Ordinance adding Chapter 2.83 to Title 2 of the South San Francisco Municipal Code related to the establishment of a Youth Commission. 14a. ADMINISTRATIVE BUSINESS Report regarding the status of design development for a new licensed preschool facility in the Westborough neighborhood. (Greg Mediati, Deputy Director of Parks and Recreation and Philip Vitale, Deputy Director of Capital Projects) 15. Report regarding a direct lease between the City of South San Francisco and the property owner at 235 Grand Avenue to use the second floor office space for City staff for two years. (Mike Futrell, City Manager and Mike Lappen, Economic Development Coordinator) 16. Resolution authorizing the City Manager to execute a lease agreement for the commercial space located at 235 Grand Avenue in South San Francisco for the purposes of providing office space for City staff and the Fellows program. 16a. Report regarding a resolution naming the large playground at Westborough Park in Memory of Anne Waters. (Sharon Ranals, Assistant City Manager) 17. Resolution naming the large playground at Westborough Park in memory of Anne Waters. 17a. Report regarding an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code, adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution, and adopting a resolution setting compensation for advisory body members. (Sky Woodruff, City Attorney) 18. Ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code and adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution. 18a. Resolution setting compensation for members of City of South San Francisco boards, commissions, committees, and authorities. 18b. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 8 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 #:21-585 Agenda Date:7/28/2021 Version:1 Item #:1. In Recognition of August as National Immunization Awareness Month.(Mayor Mark Addiego) City of South San Francisco Printed on 7/23/2021Page 1 of 1 powered by Legistar™ Dated: July 28, 2021 IN RECOGNITION OF AUGUST AS NATIONAL IMMUNIZATION AWARENESS MONTH July 28, 2021 WHEREAS, most children today receive life-saving vaccines; and WHEREAS, you have the power to protect yourself and your family against serious diseases, like whooping cough, cancers caused by HPV, and pneumonia, through on-time vaccination; and WHEREAS, in today’s interconnected world, an outbreak anywhere is a threat everywhere; and WHEREAS, it is essential that routine vaccinations be maintained during the COVID-19 pandemic to protect individuals and communities from vaccine-preventable diseases and outbreaks; and WHEREAS, we have sacrificed so much to keep our loved ones and community safe from COVID-19; and WHEREAS, now, vaccines offer us the clearest path back to normal. Along with other measures like mask-wearing and physical distancing, protecting people with safe and effective vaccines will help end the pandemic and bring us closer again; and WHEREAS, vaccinated, healthy children can attend school and reap the benefits of education, and their parents are able to participate in the workforce, putting the community on the path to greater economic prosperity; and WHEREAS, immunization also reaches more people than any other health service, connecting families with health care systems, and ensuring that everyone has access to the care they need; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby proclaim August as National Immunization Awareness Month and acknowledges that due to decades of research and advances in vaccine science and technology during the pandemic, we are also better prepared to handle diseases past, present, and future. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-584 Agenda Date:7/28/2021 Version:1 Item #:2. Presentation of Youth Summer Internship Program Graduates (Leah Lockhart, Human Resources Director) City of South San Francisco Printed on 7/23/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-616 Agenda Date:7/28/2021 Version:1 Item #: Submitted Public Comments City of South San Francisco Printed on 7/28/2021Page 1 of 1 powered by Legistar™ Agenda Item PUBLIC COMMENTS 3 Public Comments Guest User at July 28, 2021 at 12:32pm PDT South San Francisco City Council, I am asking that you discontinue the School Liaison Officer (SLO) program at SSFUSD. The students have presented convincing factual and peer reviewed research that demonstrates the ineffectiveness and harm of officers interactions with students. It is also important to mention that one of the authors of the MOU was the chief. This a conflict on interest in that he, like many other chiefs, in other cities are likely to act in the interest of securing overtime pay and huge salaries for their department. This program benefits the officers’ salaries while harming the students since these officers lack adequate training when interacting with students. The police dept already eats up so much of the city’s budget and no extra and unnecessary funds should go to them. This is similar to nearly every city and in the last year many citizens are recognizing the need to transform education, starting with removing officers from campus. The SLO program should be discontinued in the next year and the years to follow. Guest User at July 28, 2021 at 12:04pm PDT Dear City Council, You should have taken a stand on SB 10 last night. By passing CEQA is not the answer to getting more affordable housing. At what cost? A potential cost to our environment and our future. You should reconsider your position and thank you Council member Nicolas for at least making a motion for SB 10. Guest User at July 28, 2021 at 11:11am PDT Hello City Council, This interface to submit a virtual public comment is very cumbersome. I recommend using Google Forms as it is much easier for people to use. Also, I find it odd that the Special City Council Meeting at 6:01 PM didn't have the eComments tab or link available. The MOU between our schools and SLOs is on the Special City Council Meeting agenda. Does this mean that you didn't want people to comment on this very important safety matter? Since the eComment isn't available, I am commenting here. This comment is in opposition to the MOU between SSFUSD and SSFPD for SLOs at our schools. Police presence is not required at schools. The MOU does not explicitly state student protection or rights or how SLOs performance will be evaluated and the reporting requirements are not stringent enough. Although it says "SLOs will tell administrators prior," there is no mention of discussion- what if the school administrator does not want this to happen- do they have the power to prevent and stand in defense of the students? What will SLOs do to prevent injury or defamation of the students? SLOs should be required to write and submit reports for each incident they are involved in to the school administration and be transparent with students. Why are SLOs performance only evaluated once a year and why is their presence at school contingent on how the Chief of Police views them and now how the school views them. I believe the school student body should have a say in who and which SLOs they want to keep for their own protection. Best case scenario is to remove SLOs from schools. Use taxpayer money to pay for school counselors and nurses and in school restorative justice circles and groups. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-596 Agenda Date:7/28/2021 Version:1 Item #:3. Motion to approve the Minutes for the meeting of June 9, 2021. City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ 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 ANNOUNCEMENTS FROM STAFF None PRESENTATIONS Item taken out of order 2. Proclamation celebrating June as Pride Month in California. (James Coleman, Councilmember) Councilmember Coleman read into the record a proclamation celebrating June as Pride Month in California and presented to Parks and Recreation Commissioner Michael Aires. Commissioner Aries accepted the proclamation on behalf of the LGBTQ Community in South San Francisco and thanked the Council for the recognition. 1. Presentation by California State Senator Josh Becker. California State Senator Josh Becker provided an update on current legislative activities and accomplishments during his term in office. Vice Mayor Nagales inquired whether there were any mechanisms in place to assist affordable housing projects in securing state funding and information on the eviction moratorium. Senator Becker provided an overview of the state funding process and stated it was a top priority. He stated he did not have an update on the eviction moratorium. Councilmember Coleman inquired on surplus funds that the state would dedicate to universal preschool. Senator Becker stated there would be a massive investment in early childhood development and would provide an update when more information is known. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, June 9, 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. REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 2 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 Clerk Govea Acosta introduced Kristen Parks from National Demographics Corporation. Ms. Parks provided background information on the California Voting Rights Act and an overview of the redistricting process for the City of South San Francisco. She stated that the statuary deadline to adopt a map was April 17, 2022, and the first election with a new map would be held on November 8, 2022. Ms. Parks requested direction from Council on whether to form a commission and the type of public mapping tools to be used. Vice Mayor Nagales inquired whether a commission had been formed for the districting process and whether it was required. Ms. Parks stated the past districting process did not have a commission and it was not required to form a commission for the redistricting process. The consensus of the Council was not to form a commission for the redistricting process and use of the same mapping tools used for the districting process. PUBLIC COMMENTS Members of the public 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. Assistant City Clerk Avila read into the record one public comment from an anonymous resident and the following individuals: • Richard Garbarino • Maude Iggstrom COUNCIL COMMENTS/REQUESTS Councilmember Flores thanked city staff and volunteers for their work at the vaccination clinics. He encouraged the community to get vaccinated, especially the youth. He recognized the South San Francisco Improving Public Places for winning two first-place ribbons at the San Mateo County Fair. Councilmember Nicolas thanked members of the Historic Old Town Homeowners and Renters Association, Friends of Old Town, and city staff for a successful community meeting on Reimagine SamTrans. She informed the community that last Friday’s power outage resulted in Cal Water issuing an advisory letter for some residents. However, the advisory letter did not contain a timeline and other information needed for the residents. She ensured that the city would work with Cal Water to provide more timely information to the community in the future. Vice Mayor Nagales acknowledged the public comment from Maude Iggstrom and stated we would be meeting with Caltrans to address the issues. He requested information on the Great Plates program and the possibility of having a similar program at a local level. Vice Mayor requested that a pop-up table be stationed at future events to inform the community about the County Rent Relief program. REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 3 Mayor Addiego thanked Councilmember Nicolas and Councilmember Coleman for joining him to celebrate Memorial Day. He provided information on Senate Bill 9 and requested an update from the City Manager. City Manager Futrell stated that Senate Bill 9 was in the State Assembly, and it had to go through two committees. Mayor Addiego requested the meeting be adjourned in memory of Paul Domeniconi. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. Items 5, 7, 12, and 14 were pulled for further discussion. 4. Motion to approve the Minutes for the meeting of April 20, 2021. 5. Report regarding Resolution No. 103-2021 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) 6. Report regarding Resolution No. 104-2021 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) 7. Report regarding Resolution No. 105-2021 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) 8. Report regarding Resolution No. 106-2021 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) 9. Report regarding Resolution No. 107-2021 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) 10. Report regarding Resolution No. 108-2021 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) 11. Report regarding Resolution No. 109-2021 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) REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 4 12. Report regarding Resolution No. 110-2021 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) 13. Report regarding adoption of Resolution No. 111-2021 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) 14. Report regarding an adoption of Ordinance No. 1623-2021 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) Item No. 5: Councilmember Nicolas inquired whether there was a backup for Mr. Anderson. Information Technology Director Barrera stated there was a backup in place should Mr. Anderson not be available. Item No. 7: Councilmember Flores inquired on the planned outreach to encourage youth vaccinations. Assistant Library Director Elsholz stated they have been working with the County on outreach and provided an update on their current partnerships. Item No. 12: Vice Mayor Nagales inquired whether the funding would be sufficient till the end of the year. Management Analyst Talavera stated that the need was evident and that the funding would be sufficient till the end of the fiscal year. Item No. 14: Councilmember Coleman provided some comments on the Ordinance and would like to see a commercial component included in the code. The following individual provided public comment: • Dashiell Leeds Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar items 4 - 14, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. PUBLIC HEARING 15. Report regarding consideration of a Development Agreement, a Relocation Agreement, and Sign Permit to allow the installation of an 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) REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 5 Public Hearing opened: 7:25 p.m. Public Hearing closed: 7:51 p.m. Senior Planner Gross provided background information on the existing digital billboards and the proposed new digital billboard. Clear Channel Outdoor LLC (Clear Channel) applied 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. He stated that light sensors would be installed to measure ambient light levels and to adjust light intensity to 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. Vice Mayor Nagales inquired on the advertisement content of the billboard. Mr. Qualls from Clear Channel provided an overview of the process for billboard content. Councilmember Flores inquired on the process for relocating the existing billboard. Senior Planner stated the existing billboard would be removed prior to the new one becoming operational. Councilmember Coleman expressed his concerns with the brightness of billboards. Mr. Qualls provided an overview of the lighting features and ensured they would address any issues with the lighting of their billboards. Mayor Addiego requested information on an incident that occurred with an offensive advertisement last year. Mr. Qualls stated he would provide Council with the information. 15a.Resolution No. 112-2021 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. Motion — Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Resolution No. 112- 2021 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, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 6 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. Motion —Councilmember Flores/Second – Vice Mayor Nagales: To introduce and waive further reading of an 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, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 16. Report regarding Resolution No. 113-2021 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) Administrative Assistant Garren provided the presentation and background information on the South City Shuttle program. She provided ridership numbers from 2019-2021 and an overview of the funding for the program. Some of the objective for FY 2021-2022 would be to conduct a community survey, improvements to the shuttle stops and expanding on marketing. Councilmember Nicolas requested clarification on reimbursement from the San Mateo County Transportation Authority. Administrative Assistant Garren provided an overview of the reimbursement process. Councilmember Flores inquired on COVID-19 protocols for the shuttle program. Administrative Assistant Garren provided an overview of the protocols and would request additional information from the operator. Councilmember Coleman stated he would like the city to provide a free on-demand shuttle service similar to those on college campuses. Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Resolution No. 113 - 2021 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, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 17. Report regarding Resolution No. 114-2021 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) Administrative Assistant II Rosas presented on the expanded Holiday Decorations program and provided background information on the existing program. On March 19, 2021, staff issued a Request for Proposals (RFP) to 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. She stated that 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. After careful REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 7 consideration, the Dekra-Lite vendor selected as the vendor. 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. Councilmember Nicolas provided comments on her inspiration for the holiday decorations. Vice Mayor Nagales thanked Councilmember Nicolas for joining him on the subcommittee. Mayor Addiego thanked staff and the subcommittee members. He requested a total cost of all holiday decorations be provided to Council. Motion —Councilmember Flores/Second – Councilmember Coleman: To approve Resolution No. 114 -2021 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, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 18. Report regarding Resolution No. 115-2021 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) Finance Director Salisbury presented the report and provided background information on the contract between the city and South San Francisco Scavenger Company. She introduced Paul Formosa, CEO and Doug Button, President of South San Francisco Scavenger Company. Councilmember Nicolas inquired whether South San Francisco Scavenger Company had a low- income program for residents. Mr. F ormosa stated they did not have a program for low-income residents. Councilmember Flores inquired whether South San Francisco Scavenger Company provided free hauling services for renters. Mr. Formosa provided an overview of the free hauling services and had partnered with the city on free hauling events for all residents. Councilmember Coleman requested clarification on a commercial component of the hauling services and inquired whether the free hauling services could be per unit. Mr. Formosa provided an overview of the commercial hauling services and stated we would work with staff. There would need to be a significant operation analysis conducted by the company. Mayor Addiego requested clarification on the services and the increase of pricing. Ms. Formosa provided clarification on the services and pricing. Mayor Addiego inquired on international recycling services and how it had impacted their business. Mr. Button provided an overview of recycling services and thanked his employees for their work during the pandemic. Motion —Councilmember Nicolas/Second – Vice Mayor Nagales: To approve Resolution No. 115 - 2021 confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 8 19. Report regarding the status of statewide residential eviction moratorium legislation and consideration of future action. (Alex Greenwood, Economic and Community Director). Economic and Community Director Greenwood introduced Deputy Director Selander to provide the report out. Deputy Director Selander provided background information on the statewide residential eviction moratorium set to expire on July 1, 2021. She requested direction from Council on whether 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. Should Council opt 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. She stated that staff was preparing a local eviction moratorium for Council to consider at the end of the month if the state does not act. The County of San Mateo and City of Redwood City were considering doing the same. Vice Mayor Nagales provided additional information on the overall efforts of the eviction moratorium. He requested clarification on whether a county moratorium would cover the South San Francisco. City Attorney Woodruff provided clarification and stated that the city should consider their own local moratorium. Vice Mayor Nagales stated he was in favor of sending the letter to support the extension. Councilmember Flores inquired whether the application had been simplified for renters applying for assistance from the state. Deputy Director Selander stated the application was still lengthy. Councilmember Flores stated he would be in favor of adding language in the letter to simply the state application. Councilmember Coleman suggested strengthening the letter by including the following: one hundred percent of the payment to eligible landlords, one hundred percent of the payment to tenants (should their landlord not participate in the program), a clause to protect long-term debt and credit damage, and relief for utility payments. Vice Mayor Nagales stated that the state funding already included assistance with utility payments. Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: by motion to support sending a letter in favor of extending the moratorium, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Nicolas stated that the South San Francisco Commission on Racial and Social Equity would not meet in June due to preparation and review of the draft report. REGULAR CITY COUNCIL MEETING June 9, 2021 MINUTES PAGE 9 Mayor Addiego stated he had a productive meeting with Ethan Mizzi from the Youth Advisory Council and was pleased to report the transition of a full commission coming for Council adoption at a future meeting. Councilmember Flores acknowledged the numerous concerns of catalytic converter thefts in the city and inquired whether an announcement would be coming soon from the city about a program to deter the thefts. City Manager Futrell stated an announcement of a program would be release shorty from the Communications Director. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting in memory of Paul Domeniconi at 9:10 p.m. Respectfully submitted by: Approved by: Cindy Avila Mark Addiego Assistant City Clerk Mayor Approved by the City Council: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-441 Agenda Date:7/28/2021 Version:1 Item #:4. Report regarding a motion to accept the construction improvements of the 2020 Street Surface Seal Project (st2103)as complete in accordance with plans and specifications (Total Construction Cost $2,353,259.85) (Angel Torres, Senior Civil Engineer). RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the 2020 Street Surface Seal Project (st2103)in accordance with plans and specifications (Total Construction Cost $2,353,259.85). BACKGROUND/DISCUSSION On August 26,2020,the City Council of South San Francisco awarded the 2020 Street Surface Seal Project (st2103)to Graham Contractors,Inc.of San Jose,California to rehabilitate approximately 349,000 square yards of City streets with slurry seal applied to existing asphalt pavement surface.The work on this project included replacement of existing damaged concrete curb and gutter,PCC valley gutter,curb ramps,asphalt pavement base failure repairs,crack sealing,application of polymer modified type II slurry seal to pavement surface,and the reinstallation of painted red curbs,thermoplastic striping and pavement markings.The project also included solar speed feedback signs,solar rectangular rapid flash beacon,and Hot Mix Asphalt speed “reduction”humps on several residential streets. The Engineering Division inspected the work and found the project to be complete in accordance with the contract documents as of March 31,2021.Project location map and construction photos are included as Attachments 1 and 2, respectively, of this staff report. FISCAL IMPACT The project is included in the City of South San Francisco’s Fiscal Year 2020-21 Capital Improvement Program (Project No.st2103)with sufficient funds allocated to cover the project cost.This project is funded by General Fund, Measure A, Road Maintenance & Rehab (SB1) and San Mateo County Measure W funds. The total construction cost incurred for the project is summarized as follows: Projected Actual Construction Contract $2,145,317.45 $2,145,317.45 Construction Contingency (15%)$ 215,000.00 $ 207,942.40 Total Construction Budget $2,360,317.45 $2,353,259.85 RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life Initiative 2.2 by rehabilitating existing streets and curb ramps and helping maintain existing City infrastructure. CONCLUSION Staff recommends acceptance of the project as complete.Upon acceptance,a Notice of Completion will be City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-441 Agenda Date:7/28/2021 Version:1 Item #:4. Staff recommends acceptance of the project as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds will be released to the contractor after the City receives one-year warranty bond. Attachments: 1.Vicinity Map 2.Construction Photos City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ 2020 Street Surface Seal Project (st2103) Attachment 2: Photos West Orange Avenue at Fairway Drive before after 2020 Street Surface Seal Project (st2103) Attachment 2: Photos Hillside Boulevard at Franklin Avenue before after 2020 Street Surface Seal Project (st2103) Attachment 2: Photos Hillside Boulevard at Belmont Avenue after after Randolph Avenue at Pecks Lane 2020 Street Surface Seal Project (st2103) Attachment 2: Photos Ponderosa Road at Lassen Street after after Fairway Drive at Ponderosa Road City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-507 Agenda Date:7/28/2021 Version:1 Item #:5. Report regarding a resolution authorizing the City of South San Francisco’s application for $2,362,500 from California’s Local Housing Trust Fund (“LHTF”)Program and approving a City Letter of Funding Commitment to Eden Housing providing matching funds for an 82-unit affordable rental housing project at 201 Baden Avenue (Julie Barnard, Economic Development Coordinator) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing application for and receipt of Local Housing Trust Fund Program Funds,and approving and authorizing City staff to issue a Letter of Funding Commitment to Eden Housing to provide funding for an affordable rental housing project at 201 Baden Avenue. BACKGROUND/DISCUSSION The Local Housing Trust Fund (LHTF)is a newly established State funding source to finance new affordable housing construction.The program is administered by the State of California’s Department of Housing and Community Development (HCD)and is funded by the Veterans and Affordable Housing Bond Act (Proposition 1), a $4 billion bond approved by voters in 2018. The State has committed a total of $57 million dollars to the LHTF program.Program funds awarded must be designated to provide construction loans and/or permanent financing loans to pay for construction or rehabilitation of affordable rental housing projects,emergency shelters,permanent supportive housing, transitional housing and affordable homeowner projects.Program funds may also be used to assist income- eligible first-time homebuyers to purchase homes and to rehabilitate houses owned by income-eligible occupants.Accessory Dwelling Units (ADUs)or Junior Accessory Dwelling Units (JADUs)construction and conversion programs are also eligible. The City is eligible to apply for funds between $1 million and $5 million with a one-to-one matching funds requirement.Applications will be scored on several criteria including the source of matching funds (prioritizing sources that do not come from residential projects like an affordable housing in lieu or impact fee),existing local funding commitments, project readiness, and affordability. The City can apply for LHTF funds to support the affordable housing component of the proposed 201 Baden Avenue affordable housing development,which will be built by Eden Housing.Eden Housing is requesting over $4 million in funding from the City to assist with financing the development and the LHTF will assist with alleviating this burden, as shown on Attachment 1. The funding commitments have been calculated in order to maximize the points awarded per the grant application while minimizing the City’s financial contribution.Therefore,staff recommend a total first phase financing proposal of $5,692,500 (which includes a 5%administrative cost)and is comprised of the following sources: LHTF Request: $2,362,500 City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-507 Agenda Date:7/28/2021 Version:1 Item #:5. City land donation: $1,440,000 City Housing Trust Funds: $1,890,000 Staff have prepared a draft Letter of Funding Commitment to Eden Housing,attached as Exhibit B to the accompanying resolution,committing $1,890,000 for development contingent upon the LHTF being secured. The $1,890,000 financing commitment includes a 5%administrative cost recovery match which is funding the City already uses for staff and City Attorney costs.Further,land donations can be considered a financial match and have been worked into the equation.Therefore,the City’s commitment of Housing Trust Funds financing is less than the request made in the LHTF application but a greater contribution after the land donation is taken into consideration. FISCAL IMPACT The City intends to apply for $2,362,500 from the State’s competitive LHTF program.This includes 5%in administrative costs,to offset staff and City Attorney costs for this development.The City is required to provide matching funds for the application.This is money the City would provide without this grant.If successful,the LHTF will substantially reduce the City’s financial commitment to this development. RELATIONSHIP TO STRATEGIC PLAN Approving the City’s LHTF application is a Strategic Plan Priority Project,advancing our goal to create affordable housing and housing support service for our community. CONCLUSION Staff recommends that the City Council adopt a resolution authorizing application for and receipt of Local Housing Trust Fund Program Funds,and approving and authorizing City staff to issue a Letter of Funding Commitment to Eden Housing to provide funding for an affordable rental housing project at 201 Baden Avenue. Attachments: 1.Eden Housing - Letter of Intent City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ July 7, 2021 City of South San Francisco c/o Julie Barnard, Economic Development Coordinator PO Box 711 South San Francisco, CA 94083-0711 Dear Mayor, Vice Mayor, and Council Members, Thank you for the opportunity to provide a proposal to partner with you on an affordable housing development at the Firehouse site at 201 Baden Avenue in South San Francisco, CA. Eden Housing has developed over 135 projects and 11,000 units in California and has deep experience and expertise with affordable housing development. We are extremely interested in participating in this project, and we have put together the following preliminary development proposal for consideration. Proposed Project The following is preliminary proposal based on our knowledge of the site and current understanding of available financing. We can adjust the project after further discussions with the City, completing the entitlement approval process, and continued exploration of available financing sources. Eden proposes to develop the site with approximately 82 units of senior housing. The majority of the units would be one-bedroom with one two-bedroom manager unit and would be affordable to households earning between 30 percent and 60 percent of area median income (AMI). The final unit count will depend on the entitlement process and feedback from stakeholders and the availability of funding. Eden anticipates developing a seven-story, elevator-served community designed to accommodate the unique needs of seniors. The project will be podium typology and will include amenities common to Eden’s high-quality projects – a community room, a computer center, and well-appointed outdoor spaces such as community gardens and BBQ areas. Eden will also have its service coordination staff provide programming that helps build community and support the residents, including health and wellness programming, financial literacy, and fraud prevention training. Project Financing The proposed project is expected to cost approximately $68.8 million or roughly $839,000 per unit to build. This estimate is based on recent pricing for similar Eden projects. This amount is inclusive of project design, construction, indirect costs, and finance and carrying costs. We have made conservative but well-informed financing assumptions as a place to start our discussion and expect to refine these assumptions as necessary and practicable. In addition to the $2,362,500 grant application that the City intends to submit through the Local Housing Trust Fund Program and the City’s proposed matching funds of $1,890,000 (which includes a 5% administrative cost) as well as a land donation to the value of $1,440,000. The project site is near several neighborhood amenities and, therefore, qualifies for the competitive nine percent Low Income Housing Tax Credit (LIHTC) program. Of the two LIHTC programs, nine percent LIHTC garners the largest 2 amount of equity and, therefore, reduces the need for local subsidy. That being said, it is a very competitive resource and can take multiple rounds to secure an award. In addition to these tax credits, the development will score well for the State’s Infill Infrastructure Grant Program (IIG). Eden has secured this funding for multiple projects, including four of our five most recently completed developments: Alta Mira in South Hayward, Miraflores Apartments in Richmond, Hana Gardens in El Cerrito, and Valor Crossing in Dublin. We are highly accustomed to working with the State and have developed strategies to best position our projects for competitiveness during the application process. Finally, the project also supports a small traditional permanent loan and will score well on the Federal Home Loan Bank (FHLB) Affordable Housing Program. We have excellent relationships with banks within the FHLB network that can sponsor our application for these funds. Community Outreach & Messaging We know that all development projects require extensive community engagement and we are prepared to develop and implement an extensive outreach plan that will engage the community both early and often. We will coordinate and facilitate a number of meetings with neighbors and key stakeholders to gather feedback on the project design and approach. A senior-level Eden staff member will attend all community meetings and these meetings can be held virtually if required. Eden is pleased to be considered for this project and welcomes the opportunity to partner with the City on this site. Please contact me at (415) 846-2823 with any questions on the proposal above or if you require additional information. Sincerely, Andrea Osgood Vice President of Real Estate Development City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-508 Agenda Date:7/28/2021 Version:1 Item #:5a. Resolution authorizing the City of South San Francisco’s application for $2,362,500 of California’s Local Housing Trust Fund (“LHTF”),and approving a City Letter of Funding Commitment to Eden Housing to provide matching funds for an 82-unit affordable rental housing project at 201 Baden Avenue. WHEREAS,the Department is authorized to provide up to $57 million under the Local Housing Trust Fund (“LHTF”)Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1)(as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”); and, WHEREAS,the State of California (the “State”),Department of Housing and Community Development (“Department”)issued a Notice of Funding Availability (“NOFA”)dated 5/3/2021 under the LHTF Program; and, WHEREAS,the City of South San Francisco (the “City”or “Applicant”)is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and, WHEREAS,the Department may approve funding allocations for the LHTF Program,subject to the terms and conditions of H&S Code Section 50842.2,the LHTF Program Guidelines,NOFA,Program requirements,the Standard Agreement and other related contracts between the Department and LHTF award recipients; and, WHEREAS,on August 22,2018,the City of South San Francisco Council adopted Ordinance number 1560- 2018 establishing an Affordable Housing Commercial Linkage Fee for new commercial developments in the City; and, WHEREAS,Section 8.69 of the City’s Municipal Code,established the City’s Affordable Housing Trust Fund (“City Trust Fund”) which receives ongoing revenue from the Commercial Linkage Fee; and, WHEREAS,the City Trust Fund monies are and will continue to be used in accordance with the City's Housing Element or subsequent plans adopted by the City Council to maintain or increase the quantity,quality and variety of affordable housing units or assist other governmental entities private organizations or individuals to do so; and, WHEREAS,the City will be committing $1,890,000,which includes a 5%or $90,000 in administrative costs, in City Trust Fund money; and, WHEREAS,the City has prepared a Letter of Funding Commitment to Eden Housing describing the foregoing City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-508 Agenda Date:7/28/2021 Version:1 Item #:5a. commitment that is contingent upon the LHTF grant funds being secured; and, WHEREAS,the City will be providing a land donation to Eden Housing which has been appraised to the value of $1,440,000; and, NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that,in the event that the City receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA,it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes,rules,regulations,and laws, including,without limitation,all rules and laws regarding the LHTF Program,as well as any and all contracts the City may have with Department (“Eligible Project”). BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that: 1.The City is hereby authorized to act as the trustee in connection with the Department’s funds to Eligible Projects pursuant to the Notice of Funding Availability in an amount not to exceed $2,362,500 (the "LHTF Award"). 2.The City,as the Applicant,hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104.Applicant hereby agrees to utilize matching finds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used,as required by HSC Section 50843.5(c).(A summary of the City’s commitment on the Eligible Project is included as Exhibit A). 3.Pursuant to Exhibit A and the Applicant’s certification in this resolution,the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements. 4.The City shall be subject to the terms and conditions as specified in the Standard Agreement,H&S Section 50842.2 and LHTF Program Guidelines. 5.The City Manager and/or his designee is authorized to execute the LHTF Program Application,the LHTF Standard Agreement and any subsequent amendments or modifications thereto,as well as any other documents which are related to the Program or the LHTF Award to the City,as the Department may deem appropriate. 6.The draft Letter of Funding Commitment Letter to Eden Housing,attached hereto and incorporated herein as Exhibit B,is hereby approved and City staff is authorized to finalize the letter in substantially the same form as Exhibit B and transmit the letter to Eden Housing. ***** Exhibit A: Funding Request Summary Exhibit B: Draft City Funding Commitment Letter City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ Exhibit A Summary of City of South San Francisco’s Commitment for use of the Local Housing Trust Fund Program Funds and Matching Funds The City of South San Francisco’s Local Housing Trust Fund (LHTF) match of land and funding and the proposed LHTF grant will be used for a project proposed by Eden Housing, Inc. for approximately 82 affordable senior rental units on a 0.47-acre site located at 201 Baden Avenue. This project is being accepted by the City for LHTF funding contingent upon project financing and necessary entitlements. One hundred percent of the proposed 82 units are committed to be affordable to households earning no more than 60 percent of area median income (AMI). Thirty percent (30%) of the proposed 82 units and at least 30 percent of the Program Funds are committed to be used for households earning no more than 30 percent of AMI. None of the LHTF Program funding is proposed to be expended on assistance to moderate-income households. July 28, 2021 Andrea Osgood, Vice-President of Real Estate Development Eden Housing 22645 Grand Street Hayward, CA 94541 Re: Letter of Intent to Commit Funding for an Affordable Senior Housing Project at 201 Baden Avenue Dear Ms. Osgood: This Letter of Intent is provided to Eden Housing (Eden) as evidence of the City of South San Francisco's (City) commitment to provide funding for the development of an affordable rental housing project at 201 Baden Avenue. Eden has prepared a preliminary proposal to develop up to 82 senior housing units in a 7- story building with a retail condo of approximately 1,800 square feet on the ground floor on a City-owned property and a neighboring privately-owned property. You have informed us that the projected total development cost is approximately $68 million dollars. One hundred percent of the project units will be affordable to households earning an average of no more than 60 percent of area median income (AMI), with 30 percent of the project units affordable to households earning no more than 30 percent of AMI. The City intends to submit an application for grant funding in the amount of $2,362,500 from the State of California Local Housing Trust Fund Program. To ensure competitiveness of the application, the City is proposing matching funds of $1,890,000 from the City’s Affordable Housing Trust Fund and a land donation valued at $1,440,000. Through this Letter of Intent, the City is committing to providing $1,890,000 for the development contingent upon the City securing the Local Housing Trust Fund grant, with the remaining funding being provided when all other permanent financing sources have been secured. Final provision of the matching funds and land donation are further contingent upon certain legal requirements for the City, including without limitation, compliance with the California Environmental Quality Act; final approval by the City Council of the sale of the property to Eden and completion of the sale on mutually agreeable terms; approval by the City and other necessary government agencies of the proposed residential development project; and final City Council authorization to use funds in the City’s Affordable Housing Trust Fund for the proposed project. We look forward to working with you on this project. Sincerely, Mike Futrell City Manager 3838148.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-549 Agenda Date:7/28/2021 Version:1 Item #:6. Report regarding a resolution approving the third amendment to the Purchase and Sale Agreement for the property located at 432 Baden Avenue.(Julie Barnard, Economic Development Coordinator) RECOMMENDATION Staff recommends that Council adopt a resolution approving the third amendment to the Purchase and Sale Agreement, which includes: 1.Changing the developer from Baden Developments LLC to For the Future Housing, 2.Modifying the project scope from market rate housing to a fully-affordable housing, and 3.Reducing the purchase price from $1,100,000 to $1. BACKGROUND In 1997,the former Redevelopment Agency to the City of South San Francisco (“Redevelopment Agency”) purchased 432 Baden Avenue (“the Property”)for $270,000 for the development of a public parking lot to serve the 400 block of Grand Avenue.Previously,this section of the downtown had no public parking facilities, resulting in parking problems for the area.The Agency demolished the residential building that existed on the site and developed a 16-space surface parking lot. The City of South San Francisco (“City”)is responsible for the disposition of the former Redevelopment Agency properties in accordance with the procedures and requirements of the approved Long Range Property Management Plan (“LRPMP”).Under the LRPMP,the Property is required to be sold through a sale using a negotiated purchase and sale agreement.The City is required to select a buyer that proposes the highest net value to the taxing agencies through a combination of sale proceeds and future tax revenues.Reducing the price of the Property from $1.1 million to $0 will require an action by the San Mateo County Countywide Oversight Board (“Oversight Board”) to accept this lower sales price. In September 2018,Baden Development,LLC (then Sierra Investment Group)(“Developer”)purchased 428 Baden Avenue,for development of a small multi-family housing project.During the entitlement process for 428 Baden Avenue,the developer approached the City with a proposal to purchase the Successor Agency owned, adjacent site, 432 Baden (or “the Property”), in order to assemble land for a larger housing project. Typically,the City would undergo a competitive bid process for the sale of properties.However,because the adjacent property owner made an offer on the Property with the intent to develop a project that is determined to be the highest and best use of the assembled properties,the City considered the proposal exclusively in order to determine whether or not a better offer might be made on the open market.In this case,this sole offer with the site assembly would provide a housing project with more housing units (rather than being developed individually). By assembling 428 and 432 Baden,the developer was able to pursue a project with better design and more housing units,which included 10%Below Market Rate (“BMR”)units at the Very Low Income (“VLI”)level. On October 9,2019,the City Council considered the Letter of Intent (“LOI”)provided by Baden Development and agreed that the site had a far greater value if assembled with 428 Baden rather than disposing of it as a stand-alone site.The City Council accepted the offer price of $1,100,000,(which was $80,000 less than theCity of South San Francisco Printed on 8/3/2021Page 1 of 3 powered by Legistar™ File #:21-549 Agenda Date:7/28/2021 Version:1 Item #:6. stand-alone site.The City Council accepted the offer price of $1,100,000,(which was $80,000 less than the November 2019 appraised value of $1,020,000),and directed staff to negotiate a Purchase and Sale Agreement (“PSA”)with Baden Development.The purchase price was confirmed by the Oversight Board on February 10, 2020. The PSA was executed on February 19, 2020. The Planning Commission approved the entitlements for 36 rental residential units which include three BMR units at the 50%or below the area median income (otherwise known as very low income or VLI)at the August 6, 2020 meeting. The attachment indicates the San Mateo County AMI levels for 2021. Due to the impacts of COVID-19 (“the pandemic”)and the Shelter in Place (“SIP”)order,the Developer initially experienced some delays to their due diligence contingency period,and further required additional time to investigate some small issues relating to their Density Bonus concessions and or waivers.The PSA allows for administrative extensions at the City Manager’s discretion,typically for six months at a time.Staff executed the First Amendment which extended the due diligence period administratively by six months (to October 18, 2020)and the Close of Escrow from August 17,2020 to February 16,2021.The Second Amendment which provided further extensions to the Close of Escrow,was considered and approved by Council at the January 21, 2021 City Council meeting.Baden Development LLC was expected to start construction during the first quarter of 2022. DISCUSSION PSA Amendments Presently, the developer is requesting the following amendments to their PSA: 1.Change the development team from Baden Development LLC to For the Future Housing, 2.Amend the scope from market rate (with a 10%affordable component)to a fully-affordable housing development, and 3.For the land purchase price to be reduced to $1 (or a land donation)in recognition of the extraordinary costs associated with affordable housing development. Baden Development LLC was approached by an affordable housing developer,For the Future Housing,that wanted to make an unsolicited offer on the entitled property to purchase the property and convert it to a 100% affordable development.After discussing internally,Baden Development LLC agreed to enter into contract with For the Future Housing to assign Baden’s interest under the PSA to For the Future Housing.Baden Development LLC is working with both For the Future Housing and the City of South San Francisco to make the timing and terms work in order for Baden Station Apartments to be built as a 100% affordable development. For the Future Housing’s mission is to deliver affordable,high-quality and safe housing.The company is a developer as well as a general contractor and has significant experience in the bay area,including entitling 78- units in Calistoga,70-units "Pacific Station"Downtown Santa Cruz,107-units "Library Mixed-Use" Downtown Santa Cruz and they are a partner in a 65 unit development on El Camino Real in Santa Clara. Staff met with For the Future Housing (“FTF Housing”)who requested for the land to be donated.Cities typically need to provide financial contribution to affordable housing developers in order for them to leverage other funding sources (such as County and State grants).In this case the City can donate the land which can be considered a financial contribution to the development by other lenders. FTF Housing are in the process of applying for funding through the San Mateo County Department of Housing Affordable Housing Fund 9.0 (Measure K).They will also be applying for the next round of 9%tax credit City of South San Francisco Printed on 8/3/2021Page 2 of 3 powered by Legistar™ File #:21-549 Agenda Date:7/28/2021 Version:1 Item #:6. Affordable Housing Fund 9.0 (Measure K).They will also be applying for the next round of 9%tax credit funding which will occur in the first quarter of next year. FISCAL IMPACT Because the property is a former Redevelopment Agency property,the City would have received 16.75%of the sale proceeds,or $184,250,at the current $1.1 million sales price.With the land donation the City would not receive any funding but will be gaining thirty-six BMR units. The developer has paid a cost recovery deposit for City Attorney and staff time and additionally has paid $30,000 in fees for the time extensions permitted under the PSA. RELATIONSHIP TO STRATEGIC PLAN The development meets the City’s Strategic Plan Objective #2 -Quality of Life by providing a full range of housing options. CONCLUSION Staff recommends that Council adopt a resolution approving the third amendment to the Purchase and Sale Agreement, which includes: 1.Changing the developer from Baden Developments LLC to For the Future Housing, 2.Modifying the project scope from market rate housing to a fully-affordable housing, and 3.Reducing the purchase price from $1,100,000 to $1 (or a land donation). Attachment: 1.San Mateo County Area Median Income Limits (2021) City of South San Francisco Printed on 8/3/2021Page 3 of 3 powered by Legistar™ revised 04/30/2021 For HUD-funded programs, use the Federal Income Schedule. For State or locally-funded programs, you may use the State Income Schedule. For programs funded with both federal and state funds, use the more stringent income levels. Please verify the income and rent figures in use for specific programs. San Mateo County Income Limits (based on Federal Income Limits for SMC) Effective 4/30/2021 - Area median Income $149,600 (based on household of 4) Income Category 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) *38,400$ 43,850$ 49,350$ 54,800$ 59,200$ 63,600$ 68,000$ 72,350$ Very Low (50% AMI) *63,950$ 73,100$ 82,250$ 91,350$ 98,700$ 106,000$ 113,300$ 120,600$ Low (80% AMI) *102,450$ 117,100$ 131,750$ 146,350$ 158,100$ 169,800$ 181,500$ 193,200$ Median (100% AMI)104,700$ 119,700$ 134,650$ 149,600$ 161,550$ 173,550$ 185,500$ 197,450$ Moderate (120% AMI)125,650$ 143,600$ 161,550$ 179,500$ 193,850$ 208,200$ 222,600$ 236,950$ NOTES *2021 State Income limits provided by State of California Department of Housing and Community Development 2021 San Mateo County Income Limits as determined by HUD - effective June 28, 2021 Income Limits by Family Size ($) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-550 Agenda Date:7/28/2021 Version:1 Item #:6a. Resolution approving a Third Amendment to the Purchase and Sale Agreement for the property located at 432 Baden assigning the Agreement from Baden Developments LLC to For the Future Housing,modifying the development to a fully-affordable housing product, and reducing the purchase price from $1,100,000 to $1. WHEREAS,on June 29,2011,the Legislature of the State of California (“State”)adopted Assembly Bill x1 26 (“AB 26”),which amended provisions of the State’s Community Redevelopment Law (Health and Safety Code sections 33000 et seq.)(“Dissolution Law”),pursuant to which the former Redevelopment Agency of the City of South San Francisco (“City”) was dissolved on February 1, 2012; and WHEREAS,the City elected to become the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Successor Agency”); and WHEREAS,pursuant to Health and Safety Code Section 34191.5(c)(2)(C),property shall not be transferred to a successor agency,city,county or city and county,unless a Long Range Property Management Plan (“LRPMP”)has been approved by the Oversight Board and the California Department of Finance (“DOF”); and WHEREAS,in accordance with the Dissolution Law,the Successor Agency prepared a LRPMP,which was approved by a resolution of the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Oversight Board”)on May 21,2015,and was approved by the DOF on October 1, 2015; and WHEREAS,consistent with the Dissolution Law and the LRPMP,certain real properties located in the City of South San Francisco,that were previously owned by the former Redevelopment Agency,were transferred to the Successor Agency (“Agency Properties”); and WHEREAS,on October 18,2016,the City entered into an Amended and Restated Master Agreement for Taxing Entity Compensation (“Compensation Agreement”)with the various local agencies who receive shares of property tax revenues from the former redevelopment project area (“Taxing Entities”),which provides that upon approval by the Oversight Board of the sale price,and consistent with the LRPMP,the proceeds from the sale of any of the Agency Properties will be distributed to the Taxing Entities in accordance with their proportionate contributions to the Real Property Tax Trust Fund for the former Redevelopment Agency; and WHEREAS,the LRPMP,prepared by the Successor Agency and approved by the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Oversight Board”), designated 432 Baden Avenue (“the Site”),County Assessor's Parcel Number 012-321-160 (“Property”),to be sold, with the proceeds of the sale distributed to the taxing entities; and, WHEREAS,to carry out the terms of the LRPMP,the Successor Agency transferred the Agency Properties, including the Property, to the City for disposition consistent with the terms of the LRPMP; and, WHEREAS,the Property was transferred from the Agency to the City pursuant to Grant Deeds recorded onCity of South San Francisco Printed on 8/3/2021Page 1 of 3 powered by Legistar™ File #:21-550 Agenda Date:7/28/2021 Version:1 Item #:6a. WHEREAS,the Property was transferred from the Agency to the City pursuant to Grant Deeds recorded on May 16, 2017; and, WHEREAS, Baden Developments LLC (“Baden”) own the adjacent property, 428 Baden Avenue; and, WHEREAS,on September 23,2019,Baden provided the City with a Letter of Intent (“LOI”)for the purchase of the Property for $1,100,000 (“Purchase Price”); and, WHEREAS,City and Baden entered into that certain Purchase And Sale Agreement And Joint Escrow Instructions (“PSA”) dated February 19, 2020, and; WHEREAS,City and Baden entered into the First Amendment to the PSA (collectively,“the First Amendment”)on April 9,2020 which extended the due diligence period and Close of Escrow by six months; and, WHEREAS,City and Baden entered into the Second Amendment to the PSA (collectively,“the Agreements”) on December 21,2020 which extended the Close of Escrow period to May 17,2021 and allowed for two 90- day administrative extensions; and, WHEREAS,on April 29,2021,Baden opted to utilize one of the administrative extensions which extended the Close of Escrow period to August 16, 2021; and, WHEREAS,on August 6,2020,the City of South San Francisco Planning Commission adopted Resolution 2866-2020 approving Conditional Use Permit (UP19-0005)and Design Review (DR19-0022)for a development project proposed at the Property; and, WHEREAS,specifically,Resolution 2866-2020 approves a residential development,consisting of 36 rental units utilizing the State Density Bonus Law where three of the units will be dedicated to very low income households and be subject to an Affordable Housing Agreement,and provide 28 parking spaces over 0.32 acres on 428 and 432 Baden Avenue (consisting of two parcels (APNs:012-321-170 and 012-321-160))collectively referred to herein as the “Project Site” in the City; and WHEREAS, For the Future Housing (“Buyer”) have made an offer to Baden to purchase the Project Site; and, WHEREAS, City and Baden wish to assign Baden’s obligations under the PSA to Buyer; and, WHEREAS,Buyer has requested the City to reduce the $1,100,000 purchase price and instead effectuate a land donation via nominal purchase price of $1; and, WHEREAS,in exchange,Buyer will provide a fully-affordable housing development and deliver thirty-six Below Market Rate (“BMR”) units and assume all obligations of Baden under the PSA; and WHEREAS,the parties have negotiated a Third Amendment to the PSA (“Third Amendment”)to memorialize the foregoing terms and other related provisions. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby resolve as follows: City of South San Francisco Printed on 8/3/2021Page 2 of 3 powered by Legistar™ File #:21-550 Agenda Date:7/28/2021 Version:1 Item #:6a. 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2.The Third Amendment,in the form attached hereto as Exhibit A and incorporated herein,is hereby approved,and the City Manager or his designee is hereby authorized to execute it on behalf of the City of South San Francisco;to make minor revisions to the Third Amendment,with review and approval by the City Attorney,which do not materially or substantially increase the City’s obligations thereunder;to sign all documents;to make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. ***** City of South San Francisco Printed on 8/3/2021Page 3 of 3 powered by Legistar™ THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 Baden Avenue, South San Francisco, California) This Third Amendment to Purchase And Sale Agreement And Joint Escrow Instructions (this "Amendment") is made effective as of ______________, 2021 (“Effective Date”) by and between the City of South San Francisco, a municipal corporation (“Seller”) and Baden Development, LLC, a California limited liability company (“Baden”) and For The Future Housing, a California Corporation (“Buyer”). Seller, Baden and Buyer are sometimes collectively referred to herein as “the parties.” Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. RECITALS A. Seller and Baden entered into that certain Purchase And Sale Agreement And Joint Escrow Instructions dated February 19, 2020, that certain First Amendment to Purchase and Sale Agreement And Joint Escrow Instructions dated April 9, 2020, and that certain Second Amendment to Purchase and Sale Agreement And Joint Escrow Instructions dated December 21, 2020 (together, the “Agreement”) with respect to that certain real property located at 432 Baden Avenue, South San Francisco, California (Assessor’s Parcel Number 012-321-160) and other associated assets as more particularly described in the Agreement (collectively, the “Property”); B. As a condition to Closing, Baden and Seller agreed to execute an Affordable Housing Agreement (referred to therein as an “AHA”), which, among other things, would have required Baden to construct Below Market Rate units sufficient in number to meet or exceed South San Francisco Municipal Code Chapter 20.380, et. al.; C. Baden has entered into that certain Assignment and Assumption of Purchase Agreement dated April 28, 2021 (the “Assignment”) with Buyer, attached hereto as Exhibit A and incorporated herein, pursuant to which Baden would assign all of its rights and obligations under the Agreement to Buyer, and Buyer would accept and assume all of Baden’s obligations under the Agreement, and Seller consents to such assignment; and D. Baden and Seller desire for Baden to assign its interest in the Agreement, as amended hereby, to Buyer, and in furtherance of that objective, Baden, Buyer and Seller desire (i) to amend the Agreement to increase the number of below market rate housing units included in the development of the Property and to reduce the Purchase Price, (ii) to consent to the Assignment of the Agreement, as amended hereby, to Buyer, (iii) to extend the Closing Date, and (iv) to make such other changes as more particularly provided herein. Buyer agrees to enter into the Agreement, as amended herein, with Seller, and assume all rights and obligations of Baden thereunder. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating all of the above as though THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 2 set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties hereby agree as follows: 1. Consent to Assignment. Buyer assume all rights and obligations of Baden under the Agreement and Seller hereby consents to the Assignment by executing this Amendment. All terms, covenants, conditions, restrictions and provisions of the Agreement are hereby ratified and shall remain in full force and effect and bind Buyer, with provisions as specifically amended herein. 2. Amendment to Agreement. The Agreement is amended as follows: a. The AHA required as a condition to Closing shall require the construction of thirty-five (35) affordable dwelling units and one manager unit on the Property, where the dwelling units consist of 18 studios, 12 one-bedroom units, 3 two- bedroom units, and 3 three-bedroom units. Buyer shall make good-faith efforts to see that the affordability of these units be as listed below. Seller and Buyer acknowledge that the affordability of these units is subject to the affordable and tax credit financing awarded for the development. The final affordability levels of units shall be reflected in the AHA, and deviations from the mix listed below shall not require further amendment of this Agreement. In no case shall the average median income for the development exceed 50% AMI, which shall be included in the AHA. i. 60% Area Median Income (AMI) Level: 3 studio units, 2 one-bedroom units, 1 two-bedroom unit, and 1 three-bedroom unit. ii. 50% AMI Level: 5 studio units, 3 one-bedroom units, 1 two-bedroom unit, and 1 three-bedroom unit. iii. 40% AMI Level: 5 studio units, and 3 one-bedroom units. iv. 30% AMI Level: 5 studio units, 3 one-bedroom units, 1 two-bedroom unit, and 1 three-bedroom unit. *AMI means the lower of the AMI amounts established by the Tax Credit Allocation Committee or as defined in South San Francisco Municipal Code Chapter 20.380. Buyer and Seller hereby approve the revised AHA in the form attached hereto as Exhibit B and incorporated herein. The AHA executed by the parties prior to Closing shall be substantially in the form attached hereto as Exhibit B. b. The Purchase Price is reduced to One Dollar ($1.00). c. The Closing Date shall occur on January 5, 2022. Buyer has paid Seller a fee of $15,000 for this delay of the Closing Date. THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 3 d. If requested by Buyer, the Closing Date may be further delayed for up to thirty days with the written consent of the City Manager acting on behalf of Seller. 3. Further Authorized Assignment. Prior to or following Seller’s consent to the Assignment, Buyer may not assign its rights and obligations under the Assignment and/or the Agreement without the prior written consent of Seller and the approval of the South San Francisco City Council; any such further assignments would also require an amendment to the Agreement. Notwithstanding the immediately preceding sentence, Buyer may assign its rights and obligations under the Assignment or the Agreement with the prior written consent of the City Manager. if such assignment is made to an entity that is (i) controlled by or under common control of the owners of Buyer, or (ii) an entity related to Buyer by merger, consolidation or non-bankruptcy reorganization, or (iii) an entity formed by Buyer as a successor entity to Buyer for the purpose of conducting the development under the Agreement. Seller’s consent pursuant to this section, whether by the City Council or City Manager, shall not be unreasonably withheld conditioned, or delayed. 4. General Provisions. Each party has received independent legal advice from its attorneys with respect to the a dvisability of executing this Amendment and the meaning of the provisions hereof. The provisions of this Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. Except as expressly amended pursuant to this Amendment, the terms and provisions of the Agreement shall remain unmodified and shall continue in full force and effect, and Buyer and Seller hereby ratify and affirm all their respecti ve rights and obligations under the Agreement. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. The terms and provisions of this Amendment, together with the Agreement, shall constitute all of the terms a nd provisions to which Buyer and Seller have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by this Amendment. The provisions of this Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. SIGNATURES ON FOLLOWING PAGE THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 4 IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. SELLER: CITY OF SOUTH SAN FRANCISCO By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: _______________________________ Sky Woodruff City Attorney BADEN: Baden Development, LLC, a California limited liability company By: _______________________________ Victor Lo Title: Manager APPROVED AS TO FORM: By: _______________________________ R. Ryan Shain Counsel for Buyer THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 5 BUYER: For The Future Housing, Inc. a California corporation By: _______________________________ James Rendler Title: Vice President Exhibit A EXHIBIT A Assignment [attached] 1 ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CA) This ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (the “Agreement”) is made and entered into as of April 28, 2021 (the “Effective Date”), by and between BADEN DEVELOPMENT, LLC, a California limited liability company (“Buyer” or “Assignor”) and FOR THE FUTURE HOUSING, INC., a California corporation (“Assignee”). RECITALS A. Assignor and CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“Seller”) are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of February 19, 2020 (as amended, the “Purchase and Sale Agreement”), a copy of which is attached hereto and incorporated herein as Exhibit A, with respect to that certain real property located at 432 Baden Avenue, South San Francisco, California, San Mateo County, Assessor’s Parcel Numbers 012-321- 160, as more particularly described in Exhibit A to the Purchase and Sale Agreement (“Property”). The Purchase Price for the Property under the Purchase and Sale Agreement is One Million One Hundred Thousand Dollars ($1,100,000.00), to be paid in cash to Seller at Closing. B. Pursuant to Section 3.4 of the Purchase and Sale Agreement, Buyer delivered the sum of One Hundred Dollars ($100.00) to Seller through Escrow as Independent Consideration. Pursuant to Section 3.3 of the Purchase and Sale Agreement, Buyer deposited an Initial Deposit of Thirty Thousand Dollars ($30,000.00) into Escrow with Escrow Holder, to be held in trust pursuant to the Purchase and Sale Agreement, and Buyer deposited an additional Seventy Thousand Dollars ($70,000.00) in Escrow as an Additional Deposit. The Initial Deposit and Additional Deposit are collectively referred to herein as the “Deposits.” C. Buyer and Seller entered into that certain First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions dated as of April 9, 2020 (the “First Amendment”), a copy of which is attached hereto as Exhibit B and incorporated herein, extending the Closing Date and the Due Diligence Contingency Period. By letter dated June 22, 2020, a copy of which is attached hereto as Exhibit C and incorporated herein, Seller further extended the Closing Date and the Due Diligence Contingency Period. By letter dated July 20, 2020, a copy of which is attached hereto as Exhibit D and incorporated herein, Seller further extended the Closing Date and the Due Diligence Contingency Period. D. Pursuant to Section 3.4 of the Purchase and Sale Agreement, on October 3, 2020, Buyer issued an Approval Notice to Seller, a copy of which is attached as Exhibit E and incorporated herein, prior to the expiration of the Due Diligence Contingency Period, that Buyer approved all due diligence items. E. Buyer and Seller entered into that certain Second Amendment to Purchase and Sale Agreement and Joint Escrow Instructions dated as of December 21, 2020 (the “Second Amendment”), a copy of which is attached hereto as Exhibit F and incorporated herein, extending the Closing Date to May 17, 2021. F. Assignor desires to assign to Assignee all of Assignor’s right, title and interest in and to the Purchase and Sale Agreement, as amended, on the terms and conditions contained in this Agreement. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 2 AGREEMENT NOW, THEREFORE, for and in consideration of the premises and the mutual covenants contained herein, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Purchase and Sale Agreement. 2. Assignment and Assumption. Subject to paragraph 3, below, Assignor hereby assigns, sells, transfers and sets over to Assignee all of Assignor’s right, title, benefit, privileges and interest in and to, and all of Assignor’s burdens, obligations and liabilities in connection with, the Purchase and Sale Agreement (collectively, the “Assignment”). Subject to paragraph 3, below, Assignee hereby accepts the Assignment and assumes and agrees to observe and perform all of the duties, obligations, terms, provisions and covenants, and to pay and discharge all of the liabilities of Assignor to be observed, performed, paid or discharged in connection with the Contracts. 3. Condition Subsequent to Effectiveness of Assignment and Assumption. Assignor and Assignee have entered into a Purchase and Sale Agreement and Joint Escrow Instructions of even date herewith (the “Concurrent PSA”) whereby Assignor, as Seller, has agreed to sell to Assignee, as Buyer, that certain real property located at 428 Baden Avenue, South San Francisco, California (“428 Baden”). The Assignment shall become effective simultaneously upon the closing of the sale of 428 Baden pursuant to the Concurrent PSA (the “428 Closing”). The Assignment is expressly conditioned upon (a) the occurrence of the 428 Closing, and (b) the Seller’s approval of this Assignment. If for any reason the Concurrent PSA is terminated or Assignee does not complete the purchase of 428 Baden, then this Agreement shall automatically terminate whereupon neither Assignor nor Assignee shall have any further rights or obligations under this Agreement. Promptly upon Assignee’s delivery of an Approval Notice under the Concurrent PSA (as defined therein), Assignor shall diligently commence good faith efforts to obtain consent to this Assignment from Seller. If, despite its good faith efforts, Assignor is unable to obtain Seller’s written consent to the Assignment prior to the date that is defined as the Concurrent PSA “Closing Date” (as that term is defined in and used under in the Current PSA), as that date may otherwise be extended under the terms of the Concurrent PSA, then Assignee may, at its sole option, either (a) terminate this Agreement by written notice to Assignor whereupon neither Assignor nor Assignee shall have any further rights or obligations under this Agreement, or (b) extend the Concurrent PSA “Closing Date” (as that term is defined in and used under the Current PSA) for up to thirty (30) days by written notice to Assignor. 4. Extension Payments. Notwithstanding the assignment of the Purchase and Sale Agreement to Assignee pursuant to this Agreement, Assignor shall remain responsible for payment of the two 90-day extension payments ($15,000 each) described in paragraph 1.b. of the Second Amendment to the Purchase and Sale Agreement in the event that Assignee, in its sole discretion, determines to request either or both extensions from Seller. 5. Ratification. As of the date of this Agreement, Assignor, Assignee, and Seller, each (a) ratify and confirm the terms and conditions of the Purchase and Sale Agreement, and (b) certify that there are (i) no defaults on the part of Assignor under the Purchase and Sale Agreement and there are no events currently existing (or with the passage of time, giving of notice or both, which would exist) which would be deemed a default of Assignor or which would give Seller the right to cancel or terminate the Purchase and Sale Agreement, and (ii) no claims against Assignor under the Purchase and Sale Agreement. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 3 6. Deposit. Assignor, Assignee, and Seller acknowledge and agree that, in connection with the Purchase and Sale Agreement, Assignor paid the Deposits in the amount of One Hundred Thousand Dollars ($100,000.00) and the Independent Consideration of One Hundred Dollars ($100.00) (collectively, the “Assignor’s Deposit”). In connection with the Assignment, Assignee shall replace Assignor’s Deposit with a new Deposit of $100,100.00 (the “Assignee’s Deposit”). Assignee shall deliver the Assignee’s Deposit into Escrow with Escrow Holder on or immediately prior to the closing of the sale of 428 Baden under the Concurrent PSA. Assignor, Assignee, and Seller shall instruct the Title Company to release and return Assignor’s Deposit to Assignor upon the closing of the sale of 428 Baden under the Concurrent PSA pursuant to separate instructions submitted by the parties. 7. No Joint Venture. Neither anything in this Agreement nor any acts of the parties prior to the date hereof shall be deemed to create the relationship of partnership, or of joint venture, or of any association between the parties hereto. 8. Further Actions. Each of the parties hereto covenants and agrees, at its own expense, to execute and deliver, at the reasonable request of the other party hereto, such further instruments of transfer and assignment and to take such other action as such other party may reasonably request to more effectively consummate the assignments and assumptions contemplated by this Agreement. 9. Governing Law. This Agreement shall be governed and construed in accordance with California law. 10. Attorney’s Fees. In the event that any legal action or proceeding is commenced by any party to this Agreement to interpret or enforce this Agreement, or otherwise arising under this Agreement, the prevailing party in such action or proceeding shall be entitled to an award of its reasonable attorney’s fees and costs in addition to any other relief awarded. 11. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, taken together, will be deemed to constitute one and the same Agreement. [Signature Page Follows] DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ASSIGNOR: BADEN DEVELOPMENT, LLC, a California limited liability company By: Name: Victor Lo Title: Manager ASSIGNEE: FOR THE FUTURE HOUSING, INC., a California corporation By:_____________________________ Name: Title: CONSENT The undersigned SELLER consents to the above Assignment: CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: Name: Title: Dated: ___________________ DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BD Vice President James Rendler DocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 5 EXHIBIT A Purchase and Sale Agreement and Joint Escrow Instructions EXHIBIT B First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions EXHIBIT C Letter dated June 22, 2020 EXHIBIT D Letter dated July 20, 2020 EXHIBIT E Approval Notice EXHIBIT F Second Amendment to Purchase and Sale Agreement and Joint Escrow Instructions DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT A Purchase and Sale Agreement and Joint Escrow Instructions DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B - 1 - 219\3220028.3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“this Agreement”) is entered into as of February 19, 2020 (the “Effective Date”), by and between the City of South San Francisco, a municipal corporation, (“Seller”) and Baden Development, LLC, a California limited liability company (“Buyer”). Seller and Buyer are collectively referred to herein as the “Parties.” RECITALS A. Seller is owner of certain real property with an address of 432 Baden Avenue, South San Francisco, California, also known as San Mateo County Assessor’s Parcel Numbers 012-321- 160 and as more particularly described in Exhibit A attached hereto and incorporated herein (“Property”). B. The former Redevelopment Agency of the City of South San Francisco (“RDA”) purchased the Property on April 16, 1997. C. On, June 29, 2011 the legislature of the State of California (the “State”) adopted Assembly Bill x1 26 (“AB 26”), which amended provisions of the Redevelopment Law, and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., upheld AB 26 (together with AB 1484, the “Dissolution Law”), and the RDA was dissolved on February 1, 2012. D. Pursuant to the Dissolution Law, the South San Francisco Successor Agency (“Agency”) prepared a Long Range Property Management Plan (“LRPMP”), which was approved by a resolution of the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Oversight Board”) on November 19, 2013, and on May 21, 2015, the Oversight Board approved the Amended Long Range Property Management Plan (“LRPMP”), which was approved by the California Department of Finance (“DOF”) on October 1, 2015. E. Pursuant to the LRPMP and Dissolution Law, the Agency’s transfer of real property assets to the City for disposition consistent with the LRPMP is subject to entering into a Master Agreement for Taxing Entity Compensation by all Taxing Entities. F. The City and Taxing Entities entered into an Amended and Restated Master Agreement for Taxing Entity Compensation, dated October 18, 2016 (“Master Compensation Agreement”), which governs the distribution of any net proceeds received from the sale of the Property, as defined herein. G. The Property was transferred from the Agency to the City pursuant to a grant deed recorded on May 16, 2017. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 2 H. Buyer agrees to purchase the Property, and Seller agrees to sell the Property to Buyer, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, Seller and Buyer hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer hereby agrees to acquire the Property from Seller. 2.2 Purchase Price. The purchase price for the Property to be paid by Buyer to Seller (the “Purchase Price”) is one million one hundred thousand dollars ($1,100,000.00). The Purchase Price shall be paid in cash at the Closing to the Seller. 3. ESCROW. 3.1 Escrow Account. Seller has opened an interest-bearing escrow account (the “Escrow”) maintained by North American Title Company in San Mateo (the “Escrow Holder”), with interest accruing to the benefit of Buyer. Escrow Holder shall perform all escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within seven (7) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date that is the later of the following to occur shall be deemed the “Opening of Escrow”: (a) the date that such fully executed Agreement is received by Escrow Holder. (b) the date that Buyer submits Developer’s Financing Plan (as defined in Section 5.2(e) below) to Seller for review. (c) the date that Buyer submits an application for building permits to develop the Property to Seller for review. 3.3 Buyer’s Deposit. Within three (3) business days after the Effective Date, Buyer shall deposit thirty thousand dollars ($30,000.00) with Seller, to be held in trust pursuant to this Agreement (“Initial Deposit”). Within three (3) business days after the Opening of Escrow, Seller shall deposit the Initial Deposit into Escrow with Escrow Holder on behalf of Buyer. If Buyer issues an Approval Notice (as defined in Section 3.4 below), Buyer shall deposit an additional seventy thousand dollars ($70,000.00) in Escrow (the “Additional Deposit”). The DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 3 Initial Deposit and Additional Deposit are sometimes collectively referred to herein as the “Deposits.” The Deposits shall be applied toward the Purchase Price in the event of Closing. 3.4 Satisfaction of Due Diligence Contingency. Buyer shall have the right, in its sole discretion, to terminate this Agreement for any reason prior to the expiration of the Due Diligence Contingency Period (as defined in Section 5(a) below) by providing written notice thereof and to receive a refund of the Deposits. Buyer hereby agrees to provide written notice to Seller prior to the expiration of the Due Diligence Contingency Period if Buyer approves all due diligence items (“Approval Notice”). If Buyer provides a termination notice to Seller before 11:59 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by Buyer into escrow (except the Independent Consideration), together with interest thereon, if any, will be returned to Buyer, and neither party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If Buyer fails to deliver the Approval Notice to Seller prior to 11:59 p.m. on the last day of the Due Diligence Contingency Period, it will be conclusively presumed that Buyer has disapproved all such items, matters or documents, and this Agreement shall terminate and the Deposits shall be refunded to Buyer. 3.5 Independent Consideration. As independent consideration for Seller’s entering into this Agreement to sell the Property to Buyer, Buyer shall deliver the sum of one hundred dollars ($100.00) to Seller through Escrow (“Independent Consideration”). In the event that Buyer terminates this Agreement in accordance with Section 3.4 above, Seller shall retain the Independent Consideration; in the event that Buyer does not terminate this Agreement as aforesaid, the Independent Consideration shall be applied to the Purchase Price at Closing. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Escrow Holder shall deliver a Preliminary Title Report for the Property (the “Preliminary Report”) to Buyer within three (3) days after the Effective Date. Buyer shall have until the end of the Due Diligence Contingency Period to approve the condition of title to the Property. If Buyer delivers the Approval Notice, Buyer agrees to take title to the Property subject to the following “Permitted Exceptions”: (a) standard printed exceptions in the Preliminary Report; (b) general and special real property taxes and assessments constituting a lien not yet due and payable; and (c) the Schedule B exceptions to the title referenced in the Approval Notice. In no event shall any monetary liens be deemed a Permitted Exception. Buyer shall provide any objections to the condition of title to Seller in writing prior to the Due Diligence Contingency Period. 4.2 Environmental Condition of Property. Seller has provided Buyer with all documents reasonably known to Seller pertaining to the environmental condition of the Property. At Closing, the Buyer agrees to take title of the Property in AS- IS WHERE-IS condition with no environmental remediation work required by or indemnities from the Seller or the Agency. Seller, at Buyer’s expense, agrees to cooperate with Buyer to obtain regulatory approval of any necessary environmental work for the Property. Buyer explicitly acknowledges that Buyer will be responsible to manage and complete any remediation work for the Property after Closing. After DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 4 Closing, Seller shall have no further obligations with respect to environmental and/or natural hazards remediation costs. 4.3 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Pursuant to Section 4.2, Seller agrees to make any necessary disclosures required by law. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur no later than one hundred eighty (180) calendar days after the Effective Date (“Closing Date”) or such other date that the Parties agree in writing. 5.2 Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer's written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date: (a) Buyer has approved the condition of the Property. Buyer will have sixty (60) calendar days from the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property. Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession not later than two (2) business days following the execution and delivery of this Agreement. All physical inspections must be coordinated with Seller’s representative. Buyer hereby agrees to indemnify and hold Seller harmless for any damage to the Property caused (but not merely revealed) by Buyer’s inspections. (b) Seller has performed all obligations to be performed by Seller pursuant to this Agreement. (c) Seller’s representations and warranties herein are true and correct in all material respects as of the Closing Date. (d) The Title Company is irrevocably committed to issue an ALTA standard coverage title insurance policy to Buyer, effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price. (e) Seller shall have approved Buyer’s financing plan for the development of the Property, which shall include a proforma reasonably acceptable to Seller and proof of construction loan necessary to reasonably complete the development of the Property (the “Developer’s Financing Plan”). DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 5 (f) Seller shall have approved the construction contract for Buyer’s development of the Property (the “Construction Contract”). (g) Seller shall have approved the merger of the Property with the adjacent lot located at 428 Baden Avenue, South San Francisco, California (the “Adjacent Lot”). (h) Buyer and Seller shall have executed an Affordable Housing Agreement ( “AHA”) for the Property on commercially reasonable terms and which shall include the following provisions: (1) Below Market Rate units shall be constructed by Buyer to meet or exceed South San Francisco Municipal Code Chapter 20.380 requirements; (2) Seller shall approve any proposed assignment of the AHA or disposition of the Property prior to completion of the development of the Property, and Seller’s approval of the same, shall not be unreasonably withheld or delayed, it being acknowledged that the City Council would need to review and approve of any such proposed assignment. 5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller’s obligation to sell and convey the Property to Buyer are subject to the satisfaction of the following conditions or Seller’s written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date: (a) Buyer shall have submitted Developer’s Financing Plan to Seller for approval. (b) Buyer shall have obtained Seller’s approval of a Construction Contract for development of the Property by Buyer. (c) Buyer shall have taken all necessary actions for the issuance of building permits from Seller necessary to enable to development of the Property. (d) Buyer shall have taken all necessary actions to obtain the approval of the merger of the Property with the Adjacent Lot and such approval shall be ready to be recorded promptly following the Closing. (e) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before Closing Date. (f) Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. 5.4 Conveyance of Title. Seller will deliver marketable fee simple title to Buyer at the Closing, subject only to the Permitted Exceptions. The Property will be conveyed by Seller to Buyer in an “as is” condition, with no warranty, express or implied, by Seller as to the physical condition including, but not limited to, the soil, its geology, or the presence of known or unknown faults or Hazardous Materials or hazardous waste (as defined by Section 12); provided, however, that the foregoing shall not relieve Seller from disclosure of any such conditions of which Seller has actual knowledge. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 6 5.5 Deliveries at Closing. (a) Deliveries by Seller. Seller shall deposit into the Escrow for delivery to Buyer at Closing: (i) a grant deed, substantially in the form attached hereto as Exhibit B (“Grant Deed”); (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); (iii) a California Franchise Tax Board form 590 (the “California Certificate”) to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131. (b) Deliveries by Buyer. No less than one (1) business day prior to the close of escrow, Buyer shall deposit into escrow immediately available funds in the amount, which together with the Independent Consideration and the Deposits is equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) the escrow fees and recording fees; and (iii) the cost of the Title Policy. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed; (ii) disburse to Seller the Purchase Price, less Seller’s share of any escrow fees, costs and expenses; (iii) deliver to Buyer the Non-Foreign Affidavit, the California Certificate and the original recorded Grant Deed; (iv) pay any commissions and other expenses payable through escrow; and (vi) distribute to itself the payment of escrow fees and expenses required hereunder. (d) Closing Costs. Buyer will pay all escrow fees (including the costs of preparing documents and instruments), and recording fees. Buyer will also pay title insurance and title report costs. Seller will pay all transfer taxes and governmental conveyance fees, where applicable. (e) Pro-Rations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes will be prorated as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that constitutes a lien on the Property at the close of escrow will be assumed by Buyer. Seller does not pay ad valorem taxes. 5.6 Post-Closing Obligations. The following obligations shall survive the Close of Escrow: (a) Permits. Buyer shall take all necessary actions for construction permits to be issued to Buyer for the development of the Property within ten (10) business days following the Close of Escrow. (b) Commence Work. Buyer shall commence work to develop the Property within forty-five (45) days of the Close of Escrow. (c) Lot Merger. Buyer shall record the merger of the Property with the Adjacent Lot within ten (10) business days of the Close of Escrow. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 7 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct as of the Closing Date provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Buyer in writing and Buyer will have three (3) business days thereafter to determine if Buyer wishes to proceed with Closing or terminate this Agreement and receive a refund of the Deposits. If Buyer determines it does not wish to proceed, then the terms of Section 3.4 will apply. (a) Authority. Seller is a municipal corporation, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller. (b) Encumbrances. Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any Agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest prior to the Close of Escrow, as long as this Agreement is in force. (c) There are no agreements affecting the Property except those which have been disclosed by Seller. There are no agreements which will be binding on the Buyer or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice. (d) Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller’s knowledge, binding on Seller, which is in conflict with this Agreement. There is no action, suit, arbitration, unsatisfied order or judgment, governmental investigation or proceeding pending or, to Seller’s knowledge, threatened against the Property or the transaction contemplated by this Agreement. (f) Lease. There are no leases of space in the Property, subleases, licenses, franchise agreements or other agreements to occupy or utilize all or any portion of the Property that will be in force after the Closing. At Closing, Seller shall deliver the Property to Buyer vacant of any occupants. (g) Condemnation. No condemnation proceedings relating to the Property are pending or, to Seller’s knowledge, threatened. (h) Foreign Person; OFAC. Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended. Seller DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 8 represents and warrants that (a) Seller and, to Seller’s actual knowledge, each person or entity owning an interest in Seller is (i) not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and (ii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, and (iii) not an Embargoed Person (as hereinafter defined), (b) to Seller’s actual knowledge, none of the funds or other assets of Seller constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, and (c) to Seller’s actual knowledge, no Embargoed Person has any interest of any nature whatsoever in Seller (whether directly or indirectly). The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder. (i) Compliance. Seller has not received any written notice from any governmental authority that the Property is not in material compliance with all applicable laws and regulations (including environmental and zoning laws and regulations), other than such violations as have been fully cured. To Seller’s knowledge, neither Seller nor the Property are in default or breach of any material obligation under any encumbrances, covenants or easement agreements recorded against the Property. (j) Hazardous Materials. Except as otherwise disclosed to Buyer by Seller (including in any materials delivered or made available to Buyer), Seller has received no written notice from any local, state or national governmental entity or agency of any asbestos, lead or other Hazardous Materials existing or potentially existing with respect to the Property. As used herein, “Hazardous Material” means any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as defined for purposes of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended, or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), as amended, or any other laws, or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), or radon gas, urea formaldehyde, asbestos or lead. (k) Purchase Options. There are no outstanding rights of first refusal, rights of first offer, purchase options or similar purchase rights with respect to the Property. (l) Management Agreements. There are no management agreements, leasing agreements, brokerage agreements or similar agreements which affect the Property and will survive Closing. (m) Taxes. To Seller’s knowledge, there are no impositions of new special assessments with respect to the Property. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 9 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 Buyer’s Representations and Warranties. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to Buyer’s actual knowledge any such statement becomes untrue prior to Closing, Buyer shall so notify Seller in writing and Seller shall have at least three (3) business days thereafter to determine if Seller wishes to proceed with Closing. (a) Buyer is a California limited liability company. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer. (b) Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. (c) Pending Actions. There is no action, suit, arbitration, unsatisfied order or judgment, government investigation or proceeding pending against Buyer which, if adversely determined, could individually or in the aggregate materially interfere with the consummation of the transaction contemplated by this Agreement. (d) ERISA. Buyer is not acquiring the Property with the assets of an employee benefit plan as defined in Section 3(3) of ERISA. (e) Foreign Person; OFAC. Buyer is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended. Buyer and, to Buyer’s actual knowledge, each person or entity owning an interest in Buyer is (i) not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the OFAC and/or on any other similar List, (ii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, and (iii) not an “Embargoed Person,” to Buyer’s actual knowledge, none of the funds or other assets of Buyer constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, and to Buyer’s actual knowledge, no Embargoed Person has any interest of any nature whatsoever in Buyer (whether directly or indirectly). The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 10 6.3 Property Sold, “AS IS”. Buyer specifically acknowledges that the Seller is selling the Property on an “AS IS”, “WHERE IS” and “WITH ALL FAULTS” basis and that, subject to Seller's representations, warranties, covenants and obligations set forth in this Agreement, and all exhibits attached hereto and incorporated herein, and any obligations arising under applicable law, and any document or instrument executed and delivered in connection with Closing, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or its employees, appointed or elected officials, agents, or brokers as to any matters concerning the Property. Subject to Seller's representations, warranties, covenants and obligations set forth in this Agreement, and all exhibits attached hereto and incorporated herein, and any obligations arising under applicable law, and any document or instrument executed and delivered in connection with Closing, Seller makes no representations or warranties as to any matters concerning the Property, including without limitation: (i) the quality, nature, adequacy and physical condition of the Property, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the development potential of the Property, and the Property's use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose, (v) except as otherwise provided in this Agreement, the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any Environmental Laws, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the presence or removal of Hazardous Materials, substances or wastes on, under or about the Property or the adjoining or neighboring property; (viii) the quality of any labor and materials used in any improvements on the Property, (ix) the condition of title to the Property, (x) the leases, service contracts, or other agreements affecting the Property, or (xi) the economics of the operation of the Property. 7. REMEDIES In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Buyer reserves the right to either (a) seek specific performance from Seller or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller, whereupon Seller shall cause Escrow Holder to return to Buyer any and all sums placed into the Escrow by Buyer, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither party shall have any further obligations or liabilities hereunder. IN THE EVENT OF A BREACH OR DEFAULT HEREUNDER BY BUYER AND THE CLOSING DOES NOT OCCUR DUE TO SUCH DEFAULT, SELLER’S SOLE REMEDY SHALL BE TO RETAIN THE DEPOSITS AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IN SUCH INSTANCE, THE DEPOSITS REPRESENT A REASONABLE APPROXIMATION OF SELLER’S DAMAGES AND ARE NOT INTENDED AS A FORFEITURE OR PENALTY BUT RATHER AN ENFORCEABLE LIQUIDATED DAMAGES PROVISION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, ET SEQ. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY’S BREACH OF THIS AGREEMENT. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 12 claims), interest, or losses, including reasonable attorneys’ and paralegals’ fees and expenses (including without limitation any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), together with all other costs and expenses of any kind or nature (collectively, the “Costs”) that arise directly or indirectly from or in connection with the presence, suspected presence, release, or suspected release, of any Hazardous Materials in, on or under the Property or in or into the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under or within the Property, or any portion thereof, except those Costs that arise solely as a result of actions by Seller, or Seller’s agents, employees, or contractors. The indemnification provided pursuant to this Section shall specifically apply to and include claims or actions brought by or on behalf of employees of Buyer or any of its predecessors in interest and Buyer hereby expressly waives any immunity to which Buyer may otherwise be entitled under any industrial or worker’s compensation laws. In the event the Seller suffers or incurs any Costs, Buyer shall pay to Seller the total of all such Costs suffered or incurred by the Seller upon demand therefore by Seller. The indemnification provided pursuant to this Section shall include, without limitation, all loss or damage sustained by the Seller due to any Hazardous Materials: (a) that are present or suspected by a governmental agency having jurisdiction to be present in the Property or in the air, soil, soil gas, groundwater, or surface water at, on, about, above, under, or within the Property (or any portion thereof) or to have emanated from the Property, or (b) that migrate, flow, percolate, diffuse, or in any way move onto, into, or under the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under, or within the Property (or any portion thereof) after the date of this Agreement as a result of Seller’s or its predecessors’ activities on the Property, or those of Seller’s agents, employees, or contractors. The provisions of this Section 10 shall survive the termination of this Agreement and the Close of Escrow. 11. RELEASE BY BUYER. Effective upon the Close of Escrow, except with respect to the representations and warranties of Seller under Section 6.1 of this Agreement, Buyer waives releases, remises, acquits and forever discharges Seller, and its officers, directors, board members, managers, employees and agents, and any other person acting on behalf of Seller, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Buyer now has or which may arise in the future on account of or in any way arising from or in connection with the physical condition of the Property or any law or regulation applicable thereto including, without limiting the generality of the foregoing, any federal, state or local law, ordinance or regulation pertaining to Hazardous Materials. This Section 11 shall survive the termination of this Agreement and the Close of Escrow. BUYER ACKNOWLEDGES THAT BUYER IS FAMILIAR WITH SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 14 party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing party” shall mean the party determined by the court to most nearly prevail and not necessarily the party in whose favor a judgment is rendered. 13.2 Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting party. 13.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 13.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 13.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 13.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof any cannot be amended or modified except by a written instrument executed and delivered by the parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any party is relying upon in entering this Agreement that are not fully expressed herein. 13.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 13.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either party desires or is required to give to the other party or any other person shall be in writing. Any such communication may be served DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 15 personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the party’s address as set forth below, or by fax or electronic mail, in each case, sent to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of first attempted delivery at the address and in the manner provided herein, or, in the case of electronic mail for fax, as of the date of the electronic mail or fax: To Buyer: 311 9th Avenue San Mateo, CA 94401 Attn: Mr. Victor Lo Phone: 415-297-0709 Email: victor@sierrainvestments.com With Copy To: Schinner & Shain, LLP 96 Jessie Street San Francisco, CA 94105 Attn: R. Ryan Shain, Esq. Phone: 310-913-4582 Email: shain@schinner.com To Seller: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager, Mike Futrell Email: mike.futrell@ssf.net Telephone No.: (650) 829 6620 Fax (650) 829-6609 With Copy To: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: Project Manager, Julie Barnard Email: Julie.barnard@ssf.net Telephone No.: (650) 829 6629 With Copy To: Meyers Nave 555 12th Street, Suite 1500 Oakland, CA 94607 Attn: Sky Woodruff Email: sky@meyersnave.com To Escrow Holder: Katie Berggren North American Title Company 66 Bovet Rd, Suite 200 San Mateo, CA 94402 DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 16 Phone: 650-343-6282 Email: kberggren@nat.com Any party may change its address by notice to the other party. Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 13.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 13.10 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 11:59 p.m. on the next business day. 13.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 13.12 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 13.13 Waivers. Any waiver by any party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any party. Consent by any party to any act or omission by another party shall not be construed to be consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 13.14 Signatures/Counterparts. This Agreement may be executed by electronic or facsimile signature. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 13.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between parties is effective, executed, or delivered, as of the Effective Date. 13.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 17 hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 13.17 Possession. At Closing, Seller shall deliver sole and exclusive possession of the Property to Buyer. 13.18 Approvals. Whenever this Agreement calls for Seller approval, consent, extension or waiver, the written approval, consent, or waiver of the Seller’s Executive Director or his or her designee(s) shall constitute the approval, consent, extension or waiver of the Seller, without further authorization required from the Seller’s Council. The Seller hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce Seller’s rights under this Agreement, and to waive requirements under this Agreement, on behalf of the Seller. 13.19 Merger, Survival. The provisions of this Agreement shall not merge with the delivery of the Deed or any other instrument delivered at Closing, but shall, except as otherwise provided in this Agreement, survive the Closing. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Grant Deed Exhibit C Permitted Exceptions Exhibit D Form of Affordable Housing Agreement Exhibit E Form of Completion Guaranty DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit A LEGAL DESCRIPTION That real property situated in the State of California, County of San Mateo, City of South Su. Francisco, and described as Lot 8 in Block 117, as shown on that certain map entitled "SOUI'H SAN FRANCISCO SAN MATEO CO. CAL PLAT. NO. 1”, filed in the office of the County Recorder of San Mateo County, State of California, on March 1, 1892 in Book “B” of Maps at page(s) 6, and a copy entered in Book 2 of Maps at Page 52. AP. No.: 012-321-160 JPN 012 032 321 16 A DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit B GRANT DEED Recording Requested By and When Recorded Return To: Attention: APN: ___________________ (Space above this line for Recorder’s use) GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s): DOCUMENTARY TRANSFER TAX IS $__________________ computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale. _______________________________ Signature of Declarant FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _______________________ _____________________________, a ____________________ (“Grantor”) hereby grants to _____________________________, a _________________ (“Grantee”), the real property located in the City of __________, County of __________, State of __________, described on Exhibit A attached hereto and made a part hereof. GRANTOR: _______________________________, a _______________________________ By: _______________________________ Its: _______________________________ Date: _______________________________ DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 [Exhibit A and notarial acknowledgement to be attached] DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit C PERMITTED EXCEPTIONS DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit D FORM OF AFFORDABLE HOUSING AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS for 432 Baden Avenue, South San Francisco by and between THE CITY OF SOUTH SAN FRANCISCO and BADEN DEVELOPMENT LLC DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is entered into effective as of _____________, 2020 (“Effective Date”) by and between the City of South San Francisco, a municipal corporation (“City”) and _______________________, a California corporation {INSERT NEW ENTITY IF APPLICABLE AT CLOSING} (“Owner”). City and Owner are hereinafter collectively referred to as the “Parties.” RECITALS A. Owner owns that certain real property located in the City of South San Francisco at 432 Baden Avenue, known as San Mateo County Assessor’s Parcel Nos. 012-321-160 and more particularly described in Exhibit A attached hereto (the “Property”). B. In accordance with that certain Purchase and Sale Agreement executed by and between the Parties and dated as of ____________ (the “PSA”), Owner will re-develop the Property into a high-density, residential apartment building (the “Project”). Capitalized terms used and not defined in this Agreement have the meaning ascribed to them in the PSA. C. As a condition to its agreement to provide the City Grants, the City requires the Property to be subject to the terms, conditions and restrictions set forth herein, specifically, the City requires that for a period of not less than fifty-five (55) years, three (3) of the residential units in the Project be rented at Affordable Rents to Eligible Households. D. The Parties have agreed to enter into and record this Agreement in order to satisfy the conditions described in the foregoing Recitals. The purpose of this Agreement is to regulate and restrict the occupancy and rents of the Project’s Restricted Units for the benefit of the occupants of the Project. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns for the full term of this Agreement. E. Chapter 20.380 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing (“Inclusionary Housing Ordinance”) F. The Developer is planning to construct thirty six (36) rental units on the Project Property (the “Project”) and has submitted site development plan for the Project. G. H. The Developer is required by the Inclusionary Housing Ordinance to set aside ten percent (10%) of new housing as low- and moderate-income level housing. I. The Inclusionary Housing Ordinance requires the Developer’s plans and the City’s conditions regarding inclusionary housing be set forth in an Affordable Housing Agreement. J. This Affordable Housing Agreement is required as a condition of future discretionary permits for development of the Project Property and shall be recorded against the Project Property; K. 432 Baden is located in the Residential Core District and the Project allows for 30 The Developer will utilize the State Density Bonus of 35% for the Project by providing 11.5% DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 of the units targeting Very Low Income households (“VLI”). J. The base density for the Project’s 14,000 sf (0.32 acre) lot is 80 du/acre, which allows for 26 units. The 35% density bonus to the base allowable 26 units returns a yield of 36 units. The project will provide 11.5% of the base density of 26 units or 3 units as VLI targeted. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. AGREEMENT 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Actual Household Size" means the actual number of persons in the applicable household. “Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code and applicable federal rules (if any) and as defined below: Studio – 1 person One Bedroom – 1.5 people Two Bedroom – 3 people Three Bedroom – 4.5 people "Affordable Rent" means the following amounts, less a utility allowance and such other adjustments as required pursuant to the California Redevelopment Law: (i) for units that are restricted for rental to households with incomes of not more than eight y percent (80%) of AMI (“80% Units”), a monthly rent that does not exceed one-twelfth (1/12) of thirty percent (30%) of eighty percent (80%) of AMI, Adjusted for Family Size Appropriate for the Unit, and (ii) for units that are restricted for rental to households with incomes of not more than one hundred twenty percent (120%) of AMI (“120% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of one hundred twenty percent (120%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. "Area Median Income " or "AMI " means the median income for San Mateo County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision published p ursuant to California Health and Safety Code Section 50093(c). “Claims ” is defined in Section 10 . DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 "Eligible Household" means a household for which gross household income does not exceed the applicable maximum income level for a Restricted Unit as specified in Section 2.1 and Exhibit B. “Indemnitees” is defined in Section 10. “Very Low-Income” means an annual gross household income that is less than or equal to the qualifying limits for households of Very Low-Income adjusted for actual household size, as determined periodically by HUD on the basis of gross annual household income and published by HCD in the Regulations for San Mateo County. If HUD ceases to make such determination, "Very Low-Income" shall be defined as not greater than 50% of Area Median Income adjusted for actual household size, as published by HCD in the Regulations. If both HCD and HUD cease to make such determinations, City in its reasonable discretion may designate another definition of "Very Low-Income" used by any other federal or state agency so long as such definition is no more restrictive than that set forth herein. “Regulations ” means Title 25 of the California Code of Regulations. “Rent -Restricted ” means a dwelling unit for which t he gross rent charged for such unit does not exceed the Affordable Rent, as adjusted for assumed household size in accordance with the Department of Housing and Community Development (“HCD”) guidelines. "Restricted Unit" means a dwelling unit which is reserved for occupancy at an Affordable Rent by a household of not more than a specified household income in accordance with and as set forth in Sections 2.1 and 2.2 and Exhibit B. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be used solely for the operation of a mixed-use, multifamily rental housing development in compliance with the DA and the requirements set forth herein. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 2.1 Affordability Requirements. 2.1.1 Property. For a term of fifty-five (55) years commencing upon the date of issuance of a final certificate of occupancy for the Project, not less than three (3) of the residential units of the Project shall be both Rent Restricted (as defined below) and occupied (or if vacant, available for occupancy), available at Affordable Rents to Eligible Households with income no greater than 50% of Area Median Income. The three (3) residential units are allocated across unit type as specified in Exhibit B. 2.1.2 Recertification. In the event that recertification of Eligible Household incomes indicates that the number of Restricted Units actually occupied by Eligible Households falls below the number reserved for each income group as specified in this Section 2.1 and Exhibit DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 B, Owner shall rectify the condition by renting the next avai lable dwelling unit(s) in the Project to Eligible Household(s) until the required income mix is achieved. 2.2 Rents for Restricted Units . Rents for Restricted Units shall be limited to Affordable Rents for households of the applicable income limit in acc ordance with Section 2.1 and Exhibit B. Notwithstanding the foregoing, no Eligible Household qualifying for a Restricted Unit shall be denied continued occupancy of a unit in the Project because, after admission, such Eligible Household's adjusted income increases to exceed the qualifying limit for such Restricted Unit. A household which at initial occupancy qualifies in a particular income category shall be treated as continuing to be of such income category so long as the household’s gross income does not exceed 140% of the applicable income limit. In the event the gross household income of a household that qualified at the applicable income limit at initial occupancy exceeds the applicable income limit for a unit, that unit will continue to be considere d as satisfying the applicable income limit if the unit remains Rent-Restricted. If upon recertification of Eligible Household incomes, Owner determines that a Eligible Household has a household income exceeding the maximum qualifying income for such Eligible Household’s unit, the Eligible Household shall be permitted to continue to occupy the unit, and upon expiration of the Eligible Household's lease and upon sixty (60) days’ written notice, Owner may increase the rent for such unit to the fair market rent, and Owner shall rent the next available unit to a Eligible Household whose household income does not exceed the applicable income limit in order to achieve the affordability requirements of this Agreement. 2.3 Unit Sizes, Design and Location. The Restricted Units shall be of comparable design quality as unrestricted units in the Project. Eligible Households of Restricted Units shall have access to all common facilities of the Project equal to that of Eligible Households of units in the Project that are not Restricted Units. The Restricted Units shall be allocated among affordability categories as set forth in Exhibit B. 2.4 City Grant Funds. Owner shall ensure that all City Grant Funds are used for the construction of affordable units in a manner consistent with the applicable City Grant Funds requirements, which at a minimum, requires residential rental units assisted For with funds from the City’s low- and moderate-income housing fund to remain affordable for the longest feasible time. 2.5 No Condominium Conversion. Owner shall not convert the residential units in the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the residential portion of the Project or any part thereof unless Owner obtains the City's consent and meets the affordability requirements of Section 2.1. City’s prior written consent shall be required with respect to the sale or condominium conversion of the retail/commercial portion of the Project or any part thereof. 2.6 Non-Discrimination; Compliance with Fair Housing Laws. 2.6.1 Preferences. In order to ensure that there is an adequate supply of affordable housing within the City for City residents and employees of businesses located within the City, to the extent permitted b y law and consistent with the program regulations for funding sources used DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 for development of the Project, at initial lease up, Owner shall give a preference in the rental of the residential units in the Project to Eligible Households that include at least one member who lives or works in the City of South San Francisco. If there are fewer Eligible Households than the number of such units, the units will be made available to the general public. Notwithstanding the foregoing, in the event of a conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of 1986, as amended, the provisions of such Section 42 shall control. 2.6.2 Fair Housing. Owner shall comply with state and federal fair housing laws in the marketing and rental of the units in the Project. Owner shall accept as Eligible Households, on the same basis as all other prospective Eligible Households, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 2.6.3 Non-Discrimination. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Eligible Households, lessees, sub-Eligible Households, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 3. Reporting Requirements. 3.1. Eligible Household Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require: (a) The identity of each household member; and (b) The total gross household income; Owner shall retain such certificates for not less than three (3) years, and upon City’s request, shall make the certificates available for City inspection. 3.2 Annual Report; Inspections. By not later than April 30th of each year during the term of this Agreement, Owner shall submit an annual report (“Annual Report”) to the City in form satisfactory to City, together with a certification that the Project is in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 information for each dwelling unit in the Project: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) total gross household income of residents; (vii) documentation of source of household income; and (viii) the information required by Section 3.1. Owner shall include with the Annual Report, an income recertification for each household, documentation verifying Eligible Household eligibility, and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City; provided however, during such time that the Project is subject to a regulatory agreement restricting occupancy and/or rents pursuant to requirements imposed in connection with the use of state or federal low -income housing tax credits, Owner may satisfy the requirements of this Section by providing City with a copy of compliance reports required in connection with such financing. 3.3 On-site Inspection. Owner shall permit representatives of City to enter and inspect the Property and the Project during reasonable business hours in order to monitor compliance with this Agreement upon 48-hours advance notice of such visit to Owner or to Owner's management agent. 3.4 Additional Information. Owner shall provide any additional information reasonably requested by City. The City shall have the right to examine and make copies of all books, records, or other documents of the Owner which pertain to the Project. 3.5 Records. The Owner shall maintain complete, accurate and current records pertaining to the Development, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size of Eligible Households. All Eligible Household lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least three (3) years, and for any period during which there is an audit undertaken by the City pursuant to the DA. 4. Term of Agreement. 4.1 Term of Restrictions. Unless extended by mutual agreement of the Parties, upon the 55th anniversary of issuance of the final certificate of occupancy for the residential portion of the Project, this Agreement shall automatically terminate and be of no further force or effect. 4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This Agreement shall remain effective and fully binding for the full term hereof, as such may be extended pursuant to Section 4.1, regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein. 4.3 Reconveyance. Upon the expiration of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to evidence the expiration of this Agreement, or to evidence the release and discharge of this Agreement as a matter of title. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 5. Binding Upon Successors; Covenants to Run with the Land . Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Any successor-in-interest to Owner, including without limitation any purchaser, transferee or lessee of the Property or the Project (other than the Eligible Households of the individual dwelling units or retail/commercial space within the Project) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of City. 6. Property Management; Repair and Maintenance; Marketing. 6.1 Management Responsibilities. Owner, or Owner’s designee, shall be responsible for all management functions with respect to the Property and the Project, including without limitation the selection of Eligible Households , certi fication and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for management or maintenance of the Property or the Project. 6.2 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner, or Owner’s designee, shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner shall prevent and/or re ctify any physical deterioration of the Property and the Project and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate security services for occupants of the Project. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 6.2.1 City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 6.2, and such default continues for a period of thirty (30) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. 6.2.2 Costs. All costs expended by City in connection with the foregoing Section 6.2.1, shall be paid by Owner to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor shall bear interest at the lesser of 8% per annum or the highest rate permitted by applicable law. Notwithstanding anything to the contrary set forth in this Section, City agrees that it will provide Owner with not less than thirty (30) days’ written notice prior to undertaking any work for which Owner will incur a financial obligation. 6.3 Marketing and Management Plan. Within 180 days following the Effective Date of this Agreement, Owner shall submit for City review and approval, a plan for marketing and managing the Property ("Marketing and Management Plan" or “Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Restricted Units to prospective Eligible Households in accordance with fair housing laws and this Agreement, Owner’s Eligible Household selection criteria, and how Owner plans to certify the eligibility of Eligible Households. The Plan shall also describe the management team and shall address how the Owner and the management entity plan to manage and maintain the Property and the Project. The Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with Project Eligible Households. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement. 6.4 Approval of Amendments. If City has not responded to any submission of the Management and Marketing Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within thirty (30) days following City’s receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by City. 6.5 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Nothing in this Section 6.6 is intended to prohibit Owner from applying for any exemption from property taxes and fees that may be available to the owners of low-income housing. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 6.6 Insurance Coverage. Throughout the term of this Agreement Owner shall comply with the insurance requirements set forth in the DA, and shall, at Owner’s expense, maintain in full force and effect insurance coverage as specified in the DA. 6.7 Property Damage or Destruction. If any part of the Project is damaged or destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders or low -income housing tax credit investors providing financing for the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail. 7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of San Mateo County. Owner hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 7, and to provide such evidence thereof as City may reasonably request. Notwithstanding the foregoing, the City agrees that pursuant to Health and Safety Code Section 33334.14(a)(4), the City will not withhold consent to reasonable requests for subordination of this Agreement to deeds of trust provided for the benefit of lenders identified in the Financing Plan approved in connection with the DA, provided that the instruments effecting such subordination include reasonable protections to the City in the event of default consistent with the requirements of Health and Safety Code Section 33334.14(a)(4), including without limitation, extended notice and cure rights. 8. Transfer and Encumbrance. 8.1 Restrictions on Transfer and Encumbrance. Upon issuance of a final certificate of occupancy for the Project, or any portion thereof, Owner may freely transfer or assign all or any portion of its interests, rights or obligations in the Property, or under this Agreement, to any third party, and, as this Agreement “runs with the land” this Agreement shall be binding on Owner’s successors and assigns for the full term of this Agreement. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Prior to issuance of a final certificate of occupancy for the Project, or any portion thereof, Owner may transfer or assign all or any portion of its interest, right or obligations in the Property only as set forth in the DA, and with City’s prior written consent, which consent City shall not withhold provided that (1) the Project is and shall continue to be operated in compliance with this Agreement; (2) the transferee expressly assumes all obligations of Owner imposed by this Agreement; (3) the transferee executes all documents reasonably requested by the City with respect to the assumption of the Owner’s obligations under this Agreement, and upon City’s and/or Agency’s request, delivers to the City an opinion of its counsel to the effect that such document and this Agreement are valid, binding and enforceable obligations of such transferee; and (4) either (A) the transferee has at least three years’ experience in the ownership, operation and management of low-income multifamily rental housing projects of similar size to that of the Project, without any record of material violations of nondiscrimination provisions or other state or federal laws or regulations applicable to such projects, or (B) the transferee agrees to retain a property management firm with the experience and record described in sub-clause (A). Consent to any proposed Transfer may be given by the City’s City Manager unless the City Manager, in his or her discretion, refers the matter of approval to the City’s governing board. If a proposed Transfer has not been approved by City in writing within thirty (30) days following City’s receipt of written request by Owner, it shall be deemed rejected. Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a Transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee within ten (10) days following City’s delivery of an invoice detailing such costs. 8.3 Encumbrances. Owner agrees to use best efforts to ensure that all deeds of trust or other security instruments and any applicable subordination agreement recorded against the Property, the Project or part thereof for the benefit of a lender (“Lender”) shall contain each of the following provisions: (i) Lender shall use its best efforts to provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner; and, (ii) City shall DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure extended by an additional 90 days. Owner agrees to provide to City a copy of any notice of default Owner receives from any Lender within thirty (30) business days following Owner’s receipt thereof. 8.4 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Project or the Property that such violation has occurred. 9. Default and Remedies. 9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder ("Event of Default"): (a) The occurrence of a Transfer in violation of Section 8 hereof; (b) Owner’s failure to maintain insurance on the Property and the Project as required hereunder, and the failure of Owner to cure such default within thirty (30) days of written notice from City; (c) Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Project or failure to pay any other charge that may result in a lien on the Property or the Project, and Owner’s failure to cure such default within sixty (60) days of delinquency; (d) A default arises under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan; (e) Owner’s default in the performance of any material term, provision or covenant under this Agreement (other than an obligation enumerated in this Subsection 9.1), and unless such provision specifies a shorter cure period for such default, the continuation of such default for thirty (30) days in the event of a monetary default or sixty (60) days in the event of a non-monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within 60 days, Owner’s failure to commence to cure the default within thirty (60) days and thereafter prosecute the curing of such default with due diligence and in good faith. 9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies: DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 A. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; B. For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent; C. Pursue any other remedy allowed at law or in equity. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 10. Indemnity. To the fullest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold City and its respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Project or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement. It is further agreed that City do not and shall not waive any rights against Owner that they may have by reason of this indemnity and hold harmless agreement because of the acceptance by, or the deposit with City by Owner, of any of the insurance policies described in this Agreement or the DA. 11. Miscellaneous. 11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties. 11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is con firmed by the delivery service. If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 With a Copy to: City of South San Francisco 400 Grand Avenue Attn: ECD Director South San Francisco, CA 94080 Phone: (650) 829-6622 Email: alex.greenwood@ssf.net With a Copy to: Meyers Nave Attn: Sky Woodruff 555 12th Street, Suite 1500 Oakland, CA 94607 Tel (510) 808-2000 Email sky@meyersnave.com If to Developer: 311 9th Avenue San Mateo, CA 94401 Attn: Mr. Victor Lo Phone: 415-297-0709 Email: victor@sierrainvestments.com 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing board of the City at the discretion of the City Manager. 11.7 Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement. 11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement. 11.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. 11.11 Attorneys' Fees and Costs . If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 11.13 Entire Agreement; Exhibits. This Agreement, together with the DA, and the other City Documents and Agency Documents contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibits A and B, attached hereto are incorporated herein by this reference. 11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: __________________________________ Name:________________________________ Title:_________________________________ ATTEST: By: _________________________________ Krista Martinelli, City Clerk APPROVED AS TO FORM: By: _________________________________ Jason Rosenberg, City Attorney OWNER ROEM DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION By: ______________________________ Its: _______________________________ SIGNATURES MUST BE NOTARIZED. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On , 20__, before me, ______________________, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On , 20__, before me, ______________________, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit A 432 BADEN AVENUE LEGAL DESCRIPTION That real property situated in the State of California, County of San Mateo, City of South Su. Francisco, and described as Lot 8 in Block 117, as shown on that certain map entitled "SOUI'H SAN FRANCISCO SAN MATEO CO. CAL PLAT. NO. 1”, filed in the office of the County Recorder of San Mateo County, State of California, on March 1, 1892 in Book “B” of Maps at page(s) 6, and a copy entered in Book 2 of Maps at Page 52. AP. No.: 012-321-160 JPN 012 032 321 16 A DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit B Number of Units by Unit Size and Targeted Area Median Income (AMI) Levels 432 Baden Avenue Property Maximum Household Income 30-60% AMI Up to 60% AMI 60% - 80% AMI 80% -120% AMI Total Studio 1-Bedroom 2-Bedroom 3-Bedroom Total DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 Exhibit E FORM OF COMPLETION GUARANTY THIS COMPLETION GUARANTY (the “Guaranty”) is made this ___day of _____________________, 2020 by and between THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”) and ____________________________________(“Guarantor”). RECITALS A. On _______, _______________________________, a _________ (“Developer”) acquired the real property commonly known as 432 Baden Avenue, South San Francisco, California (the “Property”) from the City pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated ____________, 2020 (the “PSA”). B. As set forth in the PSA, Developer is to construct a 36 residential unit project, three (3) of which are required to be below market rate units (“Project”). C. As a condition precedent to transferring the Property to Developer, the City requires Guarantor to execute and deliver this Guaranty Guarantying the lien-free completion of the Project pursuant to, and in accordance with, the PSA, and providing for the performance of other covenants contained herein. GUARANTY AND AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the agreements set forth below, Guarantor hereby agrees as follows: 1. Guaranty. Subject to the terms and conditions set forth herein, Guarantor unconditionally and irrevocably guarantees the full and timely performance of Developer’s obligations under the DA, to construct and complete the Project in accordance with the DA, free and clear of all mechanics liens. 2. Remedies. If Developer fails to timely perform an of its obligations under the PSA with respect to the construction and completion of the Project, after expiration of any applicable notice and cure periods, the City, prior to exercising any of its remedies hereunder, shall demand (by written notice) that Guarantor perform the same on Developer’s behalf. If, within thirty (30) days after receiving such demand, Guarantor advises the City in writing that Guarantor will commence and diligently proceed to cure all defaults of Developer under the DA, which by their nature are capable of being cured by Guarantor, then the PSA shall remain in full force and effect, and the City shall perform for the benefit of the Guarantor any unperformed obligations of the City under the DA. If Guarantor fails to respond to City’s written notice, or fails to perform as herein above provided, the City shall have the following remedies in addition to other remedies expressly provided herein: DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 (a) From time to time and without first being required to exhaust any or all security held by the City, if any, to require performance by the Guarantor of any obligation to be performed on the part of the Guarantor pursuant to the terms hereof, by action at law or in equity or both. Nothing herein shall be construed to prohibit the City from pursuing any remedies under any other agreement, against any person other than the Guarantor. (b) If Guarantor does not timely perform its obligations under this Guaranty, the City, at City’s option, shall have the right to perform any obligation required to be performed by Guarantor under this Guaranty, which City reasonably deems necessary, and expend such sums as City reasonably deems proper in order so to complete such obligation. The amount of any and all reasonable expenditures made by City shall be immediately due and payable by Guarantor to City, notwithstanding City’s pursuit of any other rights or remedies. 3. Termination. This Guaranty shall terminate and be of no further force or effect upon the occurrence of either (i) upon issuance of a final certificate of occupancy for the Project, or (ii) termination of the PSA by either City or Developer in accordance with its own terms. 4. Interest. Any sums required to be paid by the Guarantor to the City pursuant to the terms hereof that are not paid within thirty (30) days of the date due, shall bear interest at the prime rate announced by the Bank of America plus three percent (3%), from the date said sums shall have become due until the date said sums are paid. 5. Consideration. Guarantor acknowledges that the undertakings given hereunder are given in consideration of the City's conveyance of the Property to Developer pursuant to the PSA and City’s performance under the DA, and that the City would not convey the Property were it not for Guarantor’s execution and delivery of this Guaranty. 6. No Waiver, Extension or Modification. No failure on the part of the City to pursue any remedy hereunder shall constitute a waiver on its part of the right to pursue said remedy on the basis of the same or a subsequent breach. No extension, modification, amendment or renewal of the PSA shall serve to waive the provisions hereof or discharge the Guarantor from any obligation herein contained, in whole or in part, except to the extent expressly approved by the City by written instrument signed by the City, specifying the nature and the extent of the intended waiver and discharge of the Guarantor. 7. Covenant of Guarantor. Guarantor shall promptly advise the City in writing of any material adverse change in the business or financial condition of Guarantor. 8. Guaranty Independent; Waiver of Exoneration. (a) Guarantor agrees that the obligations hereunder are independent of and in addition to the undertakings of the Developer pursuant to the DA, any other Guarantees given in connection with the DA, and other obligations of the Guarantor to the City. DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 (b) Guarantor agrees that the validity of this Guaranty shall continue and the obligations of Guarantor hereunder shall in no way be terminated, affected, diminished or impaired by reason of any bankruptcy, insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or trusteeship affecting the Developer or its partners, parents, principals, or members whether or not notice is given to the Guarantor, or by any other circumstances or condition that may grant or result in a discharge, limitation or reduction of liability of the Developer or its partners, parents, principals, members or of a surety or a guarantor. (c) Guarantor waives all rights and remedies accorded by applicable law to guarantors and agrees not to assert or take advantage of any such rights or remedies including but not limited to any right to require the City to, after expiration of applicable notice and cure periods to Developer, (1) proceed against the Developer, any partner or member of the Developer or any other person, (2) proceed against or exhaust any security held by the City, or (3) pursue any remedy in the power of the City whatsoever. If Guarantor is liable pursuant to this Guaranty, Guarantor waives any defense arising by reason of any disability or other defense of the Developer or any partner or member of the Developer, or any of their parents, principals, or affiliated entities or by reason of the cessation from any cause whatsoever of the liability of the Developer or any member or partner of the Developer, or any of their parents, principals, or affiliated entities other than the full discharge and performance of all of Developer’s obligations under the DA. Guarantor, except as expressly set forth herein, waives any defense it may acquire by reason of the City's election of any remedy against it or the Developer, or both, even though the Guarantors’ right of subrogation may be impaired thereby or extinguished under the antideficiency statutes of the State of California. Without limiting the generality of the foregoing, Guarantor waives (a) any defense that may arise by reason of the lack of authority or of any other person or persons or the failure of City to file or enforce a claim against the estate (in administration, bankruptcy, or any other proceeding) of any other person or persons; (b) demand, protest and notice of any kind including but not limited to notice of any kind (except for the notice required in Sections 2 and 10 hereof or under the DA) including but not limited to notice of the existence, creation or incurring of any new or additional indebtedness or obligation or of any action or nonaction on the part of Developer, City, any endorser or creditor of Developer or Guarantor or on the part of any other person whomsoever under this or any other instrument in connection with any obligation or evidence of indebtedness held by City as collateral or in connection with any obligations the performance of which are hereby Guaranty; (c) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (d) any duty on the part of City to disclose to Guarantor any facts City may now or hereafter know about Developer, regardless of whether City has reason to believe that any such facts materially increase the risk beyond that which Guarantor intended to assume or has reason to believe that such facts are unknown to Guarantor; (e) any defense arising because of City's election, in any proceeding instituted under the federal Bankruptcy Code, of the application of Section 1111(b)(2) of the Federal Bankruptcy Code; and (f) any defense based on any borrowing or grant of a security interest under Section 364 of DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 the Federal Bankruptcy Code. Without limiting the generality of the foregoing or any other provision hereof, Guarantor hereby expressly waives any and all benefits which might otherwise be available to Guarantor under California Civil Code Sections 2809, 2810, 2819, 2839, 2845, 2849, 2850, 2899, and 3433 and California Code of Civil Procedure Sections 580(a), 580(b), 580(d), and 726. (e) Until termination of this Guaranty (as set forth in Section 3), Guarantor shall have no right of subrogation, and waives any right to enforce any remedy that the City now has or may hereafter have against the Developer or any member of Developer, or any other person, and waives the benefit of, and any right to participate in, any security now or hereafter held by City from the Developer. 9. Continued Existence; No Transfer or Assignment. (a) Guarantor does hereby further agree that as long as this Guaranty is in effect, it will not dispose of all or substantially all of its assets without the express written approval of the City, which shall not be unreasonably withheld. (b) The obligations of Guarantor under this Guaranty may not be assigned or transferred without, in each case, the express written approval of the City, which approval shall be within the sole and absolute discretion of the City. 10. Notices. City shall provide Guarantor with all written notices delivered to Developer pursuant to the PSA at the same time such notice is delivered to Developer. Guarantor shall not be liable under this Guaranty unless and until it has received such notice. The Guarantor shall have the right to perform any and all of Developer’s obligations under the DA. 11. Miscellaneous. (a) This Guaranty shall inure to the benefit of City and its successors and assigns and shall bind the heirs, executors, administrators, personal representatives, successors and assigns of Guarantor. (b) This Guaranty shall be governed by and shall be construed in accordance with the laws of the State of California. (c) Time is of the essence hereof. (d) If any term, provision, covenant or condition hereof or any application thereof should be held by a court of competent jurisdiction to be invalid, void or unenforceable, all terms, provisions, covenants and conditions hereof and all applications thereof not held invalid, void or unenforceable shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. (e) Guarantor assumes the responsibility for keeping informed of (1) the financial condition of Developer, (2) any change in the management or control of Developer, DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 and (3) all other circumstances bearing upon the risk of nonperformance by Developer of its obligations under the DA. (f) This Guaranty shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of San Mateo County, California. (g) Any notice or communication required hereunder between City or Guarantor must be in writing, and may be given either personally, by e-mail (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party. Notices transmitted after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 Fax: (650) 829-6609 With a Copy to: City of South San Francisco 400 Grand Avenue Attn: ECD Director South San Francisco, CA 94080 Phone: (650) 829-6622 alex.greenwood@ssf.net DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B 219\3220028.3 With a Copy to: Meyers Nave Attn: Sky Woodruff 555 12th Street, Suite 1500 Oakland, CA 94607 Tel (510) 808-2000 Email sky@meyersnave.com If to Guarantor: With Copies to: (h) In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Guaranty, the prevailing party is entitled to reasonable attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. IN WITNESS WHEREOF, the undersigned has executed this Guaranty as of the day and year first above written. GUARANTOR By:_____________________________ Name: __________________________ Its______________________________ DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT B First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT C Letter dated June 22, 2020 DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT D Letter dated July 20, 2020 DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT E Approval Notice DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B Baden Development, LLC 311 9th Avenue San Mateo, CA 94401 SENT VIA ELECTRONIC MAIL October 2, 2020 City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager, Mike Futrell Email: mike.futrell@ssf.net City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: Project Manager, Julie Barnard Email: Julie.barnard@ssf.net Meyers Nave 555 12th Street, Suite 1500 Oakland, CA 94607 Attn: Sky Woodruff Email: sky@meyersnave.com Re: Buyer’s Approval Notice Purchase and Sale Agreement and Joint Escrow Instructions dated February 19, 2020, as amended (the “Agreement”) by and between City of South San Francisco, a municipal corporation, (“Seller”) and Baden Development, LLC, a California limited liability company (“Buyer”) concerning 432 Baden Avenue, South San Francisco, California (the “Property”). Dear Mr. Futrell and Ms. Barnard, This letter shall serve as Buyer’s Approval Notice issued pursuant to Section 3.4 of the Agreement. We appreciate the City’s support of our project and look forward to our continued progress. Sincerely yours, Baden Development, LLC, a California limited liability company By: _______________________________ Victor Lo Title: Manager DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B EXHIBIT F Second Amendment to Purchase and Sale Agreement and Joint Escrow Instructions DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 Baden Avenue, South San Francisco, California) This Second Amendment to Purchase And Sale Agreement And Joint Escrow Instructions (this "Amendment") is made effective as of December 21, 2020 (“Effective Date”) by and between the City of South San Francisco, a municipal corporation (“Seller”) and Baden Development, LLC, a California limited liability company (“Buyer”). Seller and Buyer are sometimes collectively referred to herein as “the parties.” RECITALS A. Seller and Buyer entered into that certain Purchase And Sale Agreement And Joint Escrow Instructions dated February 19, 2020 and that certain First Amendment to Purchase and Sale Agreement And Joint Escrow Instructions dated April 9, 2020 (together, the “Agreement”) with respect to that certain real property located at 432 Baden Avenue, South San Francisco, California (Assessor’s Parcel Number 012-321- 160) and other associated assets as more particularly described in the Agreement (collectively, the “Property”); B. Seller and Buyer desire to amend the Agreement to extend the Closing Date as more particularly provided herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and incorporating all of the above as though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties hereby agree as follows: 1. Amendment to Agreement. The parties amend the Agreement as follows: a. The Closing Date shall be delayed until May 17, 2021. b. The Closing Date may be further delayed if requested by Buyer with the written consent of the City Manager acting on behalf of Seller. City Manager may delay the Closing Date two times by up to 90 days each time. Any additional delay of the Closing Date shall require approval of the City Council. Buyer shall pay Seller a fee of $15,000.00 for each such additional delay of the Closing Date. DocuSign Envelope ID: E6F6381C-A30C-4293-9B22-EA5F578830A2DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 2 of 3 2. General Provisions. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Amendment and the meaning of the provisions hereof. The provisions of this Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. Except as expressly amended pursuant to this Amendment, the terms and provisions of the Agreement shall remain unmodified and shall continue in full force and effect, and Buyer and Seller hereby ratify and affirm all their respective rights and obligations under the Agreement. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. The terms and provisions of this Amendment, together with the Agreement, shall constitute all of the terms and provisions to which Buyer and Seller have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by this Amendment. The provisions of this Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: E6F6381C-A30C-4293-9B22-EA5F578830A2DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (432 BADEN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA) Page 3 of 3 IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. SELLER: CITY OF SOUTH SAN FRANCISCO By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ Rosa Acosta City Clerk APPROVED AS TO FORM: By: _______________________________ Sky Woodruff City Attorney BUYER: Baden Development, LLC, a California limited liability company By: _______________________________ Victor Lo Title: Manager APPROVED AS TO FORM: By: _______________________________ R. Ryan Shain Counsel for Buyer 3656474.1 DocuSign Envelope ID: E6F6381C-A30C-4293-9B22-EA5F578830A2DocuSign Envelope ID: 2DCB333C-A641-4AA2-9714-D981352577BDDocuSign Envelope ID: 24D76A01-44E9-4463-A803-9C53CBB9326B Exhibit B EXHIBIT B Form of AHA 3817876.6 Fully Affordable Rental Inclusionary [DB] Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. [FORM OF] COMBINED AFFORDABLE AND DENSITY BONUS HOUSING AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS 428-432 Baden Avenue by and between THE CITY OF SOUTH SAN FRANCISCO and FOR THE FUTURE HOUSING i Fully Affordable Rental Inclusionary [DB] Agreement TABLE OF CONTENTS Page 1. Definitions............................................................................................................................3 2. Use and Affordability Restrictions. .....................................................................................4 3. Reporting Requirements. .....................................................................................................8 4. Term of Agreement. ...........................................................................................................10 5. Binding Upon Successors; Covenants to Run with the Land. ...........................................11 6. Property Management; Repair and Maintenance; Marketing. ...........................................12 7. Recordation; Subordination. ..............................................................................................15 8. Transfer and Encumbrance. ...............................................................................................15 9. Default and Remedies. .......................................................................................................17 10. Indemnity. ..........................................................................................................................19 11. Miscellaneous. ...................................................................................................................20 Exhibit A – Legal Description Exhibit B – Inclusionary Housing Plan Exhibit C – Density Application Bonus [insert if DB] Exhibit D – Promissory Note Exhibit E – Deed of Trust Exhibit F – Notice of Affordability Restrictions Exhibit G – Request for Notice of Default Exhibit H – Insurance Requirements 1 Fully Affordable Rental Inclusionary [DB] Agreement This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is entered into effective as of _____________, 2021 (“Effective Date”) by and between the City of South San Francisco, a municipal corporation (“City”) and For the Future Housing, a California Corporation (“Owner”). City and Owner are hereinafter collectively referred to as the “Parties.” RECITALS A. Owner is, or will become, the fee simple owner of that certain real property located in the City of South San Francisco referred to as 428-432 Baden Avenue, and more particularly described in Exhibit A attached hereto (the “Property”); and B. C. The City has approved Use Permit No. UP19-0005 on August 6, 2020 for the construction of 36 rental units with 28 parking spaces over 0.32 acres on 428 and 432 Baden Avenue (the “Project”); and D. As a condition of developing the Project, Owner is required to comply with South San Francisco Municipal Code Chapter 20.380 and, as a result, Use Permit 19-0005 includes an approved Inclusionary Housing Plan developed in accordance with South San Francisco Municipal Code Sections 20.380.004 (“Plan”). Such Plan is attached hereto and incorporated herein as Exhibit B. In particular, Owner has elected to provide one-hundred percent (100%) of the Project’s “Dwelling Units” as “Inclusionary Units” as those terms are defined in Chapter 20.380 as a method to comply with Chapter 20.380; and E. In particular, Owner has elected to provide thirty-six (36) of Inclusionary Units within the Project at the square footage, number of bedrooms and specific location as indicated the Plan and pursuant to the schedule set forth in the Plan. Owner has further elected to provide [# of units] to “Lower Income Households” as defined herein (“Lower Income Units”) and [# of units] to “Very Low Income Households” as defined in herein (“Very Low Income Units”) and [# of units] to “Extremely Low Income Households” as defined herein (“Extremely Low Income Units”) for the full term of the Agreement and Owner agrees to produce the Inclusionary Units pursuant to the schedule; and F. Owner has further elected to provide the following amenities to the residents of the Inclusionary Units [describe any amenities and services provided, such as daycare, after school programs, transportation, job training/employment services and recreation]; and G. [If Owner utilizes an affordable housing developer add the following] Owner has chosen and the City has approved [name of affordable housing developer] pursuant to the [describe agreement selecting developer] who shall function as [specify developer’s role and relationship to the project]; and H. [If offsets are granted by the City Council add the following] The City has approved Resolution No. [#]on [date of approval] in order to provide Owner [describe offsets] necessary to enable affordability in excess of the requirements of Chapter 20.380; and 2 Fully Affordable Rental Inclusionary [DB] Agreement I. [If a density bonus has been granted add the following 3 Recitals] Pursuant to Government Code Sections 65915 through 65918 (“State Density Bonus Law”) and South San Francisco Municipal Code Chapter 20.390, Owner has further agreed to provide [# of units] in the Project as “Target Dwelling Units” as that term is defined in such Chapter available for rent to Lower Income Households (“Lower Income Units”) and [# of units] available for rent to Very Low Income Households (“Very Low Income Units”) for the full term of the Agreement; and J. In accordance with Owner’s “Density Bonus Application” submitted pursuant to South San Francisco Municipal Code Section 20.390.009, attached hereto and incorporated herein as Exhibit C, and pursuant to UP [#], the Owner has agreed to construct the Target Units pursuant to the schedule included in and at the square footage, number of bedrooms and specific location identified in the Density Bonus Application; and K. [If DB Units granted] In response to Owner’s Density Bonus Application, the City has granted [# number] of “Density Bonus Dwelling Units” as that term is defined in Chapter 20.390 to Owner. [If incentives, concessions, waivers or modifications granted]City has further granted [include description of incentives and concessions, waivers and modifications of development standards, provision of favorable parking requirements, and financial assistance to be provided by the City]; and L. In compliance with South San Francisco Municipal Code Section 20.380.014 [if DB add “and Section 20.390.010”], the Parties intend to set forth in greater detail and specificity within this Agreement the terms and conditions applied to the Project as a condition to City’s approval and the Development Agreement; and M. Owner has agreed to execute and comply with this Agreement, the Development Agreement and the City’s Procedures and Guidelines for the Inclusionary Housing Units (“City Guidelines”) in consideration of the City’s approval of the Project. The Parties intend that this Agreement ensures Owner’s compliance with the terms of the Note, Deed of Trust as well as the Municipal Code and Use Permit; and N. The Parties have further agreed to execute a “Notice of Affordability Restrictions on Transfer” and a “Request for Notice of Default” substantially in the forms attached hereto as Exhibits B and C respectively, and shall cause such notices to be recorded substantially concurrently with the recordation of this Agreement; and O. As required by the Municipal Code and the Development Agreement, Owner shall record this Agreement against the Property. The execution of this Agreement shall take place prior to final map approval and shall be recorded upon final map recordation or, where a map is not being processed, prior to the issuance of building permits for the Project. The Parties further intend that this Agreement will run with the land and will be binding on all parties that have or will acquire any right, title, or interest in the Project for the full term of this Agreement; and P. The Inclusionary Units [if DB add “and Target Units”] constitute a valuable community resource by providing and housing opportunities to Lower and Very Low Income Households who would otherwise be unable to afford such housing. It is necessary, proper and 3 Fully Affordable Rental Inclusionary [DB] Agreement in the public interest for the City to protect and preserve this resource by administering occupancy controls by means of this Agreement. NOW THEREFORE, in consideration of the foregoing and the public purposes to be achieved by the City’s affordable housing program, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. AGREEMENT 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Actual Household Size” means the actual number of persons in the applicable household. “Adjusted for Family Size Appropriate for the Unit” shall be determined as defined below, and for units of any other size consistent with applicable federal rules (if any) and Section 50052.5(h) of the California Health and Safety Code, as it exists or may be amended: One Bedroom – 1.5 people Two Bedroom – 3 people Three Bedroom – 4.5 people “Adjusted Income” means, the income from all persons in the household including nonrelated individuals, calculated using the methods to calculate income adopted by HUD or TCAC. “Affordable Rent” means rents allowed by TCAC for the Unit’s designated income level. If TCAC does not publish such rents, it means the following amounts, less a utility allowance and such other adjustments as required pursuant to the California Law: (i) for Units occupied by Extremely Low Income Households, a monthly rent that does not exceed one- twelfth (1/12) of thirty percent (30%) of AMI, Adjusted for Family Size Appropriate for the Unit; (ii) for Units occupied by Very Low Income Households, a monthly rent that does not exceed one-twelfth (1/12) of fifty percent (50%) of AMI, Adjusted for Family Size Appropriate for the Unit; and (iii) for Units occupied by Lower Income Households, a monthly rent that does not exceed one- twelfth (1/12) of eighty percent (80%) of AMI, Adjusted for Family Size Appropriate for the Unit. “Area Median Income” or “AMI” means the median income for San Mateo County, California, adjusted for Actual Household Size, as determined by TCAC if the Project is restricted by a tax credit regulatory agreement, or by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the HCD in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, the City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. 4 Fully Affordable Rental Inclusionary [DB] Agreement “Claims” is defined in Section 10. “Developer” is defined in the Development Agreement. “Extremely Low Income Household” means persons and families whose incomes do not exceed an annual gross household income for households of 30% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.P. “Indemnitees” is defined in Section 10. “Lower Income Household” persons and families whose incomes do not exceed an annual gross household income for households of 80% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.H. “Rent” shall mean the total of monthly payments by the residents of a Unit (other than the manager’s Unit) for the following: use and occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by Owner which are required of all residents, other than security deposits; the cost of an adequate level of service for utilities paid by the Resident, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable or telephone service; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Resident. “Resident” shall mean an individual or household occupying a Unit. “TCAC” shall mean the California Tax Credit Allocation Committee. “Units” shall mean the individual dwelling units to be constructed on the Property as part of the Project. “Very Low Income Household” means persons and families whose incomes do not exceed an annual gross household income for households of 50% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.P. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Project shall be used solely in compliance with the requirements set forth herein and the Development Agreement. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written prior consent of City. 5 Fully Affordable Rental Inclusionary [DB] Agreement 2.1 Affordability Requirements. For the “Term” of this Agreement as defined in Section 4 below, Owner shall rent: 2.1.1 the [insert #] Lower Income Units at an Affordable Rent to and occupied by or, if vacant, available for occupancy by Lower Income Households; and 2.1.2 the [insert #] Very Low Income Units at an Affordable Rent to and occupied by or, if vacant, available for occupancy by Very Low Income Households; and 2.1.3 the [insert #] Very Low Income Units at an Affordable Rent to and occupied by or, if vacant, available for occupancy by Very Low Income Households. 2.2 Preferences; Non-Discrimination; Compliance with Laws. 2.2.1 Preferences. In order to ensure that there is an adequate supply of affordable housing within the City for City residents and employees of businesses located within the City, to the extent permitted by fair housing laws and other applicable laws, and consistent with the program regulations for funding sources used for development of the Project, at initial lease up, Owner shall give a preference in the Project to Residents that include at least one member who lives or works in the City of South San Francisco. Owner will implement any preferences in the rental of Affordable Units in the Project pursuant to a preference plan approved by the City Manager. 2.2.2 Section 8 Assistance. Owner shall comply with state and federal fair housing laws in the marketing and rental of the Dwelling Units. Owner shall accept as tenants, on the same basis as all other prospective Residents, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. Owner shall not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective tenants, nor shall Owner apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective tenants. 2.2.3 Non-Discrimination. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or Project, or any portion thereof, on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, 6 Fully Affordable Rental Inclusionary [DB] Agreement transfer, use, occupancy, tenure or enjoyment of the Property, Project or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in, of, or for the Property, Project or part thereof. All deeds made or entered into by Owner, its successors or assigns, as to any portion of the Property or Project shall contain the following language, and all leases or contracts made or entered into by Owner, its successors or assigns, as to any portion of the Property or Project, shall reference this Section, and shall enforce the same diligently and in good faith: “(a) Owner herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. “(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 of the Civil Code and subdivisions (d) of Section 12955 of the Government Code shall apply to paragraph (a).” 2.2.4 Compliance with Laws. Owner shall carry out the construction, development and operation or the Project in conformity with all governmental requirements, including without limitation all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City’s Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11 135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 2.2.5 Compliance with Prevailing Wage Laws. 2.2.5.1 Owner shall carry out the construction through completion of the Project and the overall development of the Property in conformity with all applicable 7 Fully Affordable Rental Inclusionary [DB] Agreement governmental requirements relating to the payment of prevailing wages and compliance with prevailing wage rules, including, without limitation, if applicable, the requirements to pay prevailing wages under federal law (the Davis-Bacon Act, 40 U.S.C. Section 3141, et seq., and the regulations promulgated thereunder set forth at 29 CFR Part l (collectively, “Davis-Bacon”) and California law (Labor Code Section 1720, et seq.) (“California Prevailing Wage Law”). The Parties acknowledge that a financing structure utilizing certain federal and/or state funding sources and financing scenarios may require compliance with applicable state and federal prevailing wage laws and regulations. Owner shall determine the applicability of federal, state, and local prevailing wage laws based upon the final financing structure and sources of funding of the Project. 2.2.5.2 Owner shall be solely responsible, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state, and local public works requirements, prevailing wage laws, and labor laws and standards, and City makes no representation, either legally and/or financially, as to the applicability or non- applicability of any federal, state, and local laws to the construction of the Project. Owner expressly, knowingly, and voluntarily acknowledges and agrees that City has previously represented to Owner or to any representative, agent, or affiliate of Owner, or any contractor(s) or any subcontractor(s) for the demolition work, construction, or development of the Project, in writing or otherwise, in a call for bids or otherwise, that the work and construction of the Project is (or is not) a “public work,” as defined in Section 1720 of the Labor Code or under Davis-Bacon. 2.2.5.3 Owner knowingly and voluntarily agrees that Owner shall have the obligation to provide any and all disclosures or identifications as required by Labor Code Section 1781 and/or by Davis-Bacon, as the same may be amended from time to time, or any other similar law or regulation. Owner shall indemnify, protect, pay for, defend, and hold harmless the Indemnitees as defined in Section 10, with legal counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Owner or its contractor with any applicable local, state, and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages and hire apprentices): (ii) implementation of Section 1781 of the Labor Code and/or of Davis-Bacon, as the same may be amended from time to time, or any other similar law or regulation; and/or (iii) failure by Owner to provide any required disclosure or identification as required by Labor Code Section 1781 and/or by Davis-Bacon, as the same may be amended from time to time, or any other similar law or regulation. It is agreed by the Parties that, in connection with the demolition work, development, and construction (as defined by applicable law or regulation) of the Project, including, without limitation, any and all public works (as defined by applicable law or regulation), Owner shall bear all risks of payment or non-payment of prevailing wages under applicable federal, state, and local law or regulation and/or the implementation of Labor Code Section 1781 and/or by Davis-Bacon, as the same may be 8 Fully Affordable Rental Inclusionary [DB] Agreement amended from time to time, and/or any other similar law or regulation. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Project by Owner. 2.2.5.4 “Increased costs,” as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. 2.2.5.5 Owner acknowledges and agrees that City’s Request for Qualifications and Request for Proposals for selection of an Owner to develop the Project, if any, required that all proposals submitted include the payment of prevailing wages, and that Owner’s proposal included the payment of prevailing wages. In furtherance of the foregoing, and notwithstanding anything in this Section to the contrary, Owner shall pay prevailing wages in accordance with California Prevailing Wage Laws for all construction work performed on behalf of the Project, as set forth in Owner’s proposal. Should Owner fail to comply with this Section 2, it shall constitute an Event of Default hereunder entitling the City to exercise any of its remedies set forth herein. 3. Reporting Requirements. 3.1 Household Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Affordable Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require: (a) The identity of each household member; and (b) The “Gross Household Income” as that term is defined by City Guidelines. Owner shall retain such certificates for not less than three (3) years, and upon City’s request, shall make the certificates available for City inspection. 3.2 Annual Report; Inspections. By not later than April 30th of each year during the term of this Agreement, Owner shall submit an annual report (“Annual Report”) to the City in form satisfactory to City, together with a certification that the Project is in compliance with the requirements of this Agreement (as of December 31 of the prior year). The Annual Report shall, at a minimum, include the following information for each Unit: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) Gross Household Income of residents; (vii) documentation of source of household income; and (viii) the information required by the City. Should Owner fail to comply with this Section 3.2, it shall constitute an Event of Default hereunder entitling the City to exercise any of its remedies set forth herein. 9 Fully Affordable Rental Inclusionary [DB] Agreement 3.3 On-site Inspection. Owner shall permit representatives of City to enter and inspect the Property and the Project during reasonable business hours in order to monitor compliance with this Agreement upon 48-hours advance notice of such visit to Owner or to Owner’s management agent. 3.4 Additional Information. Owner shall provide any additional information reasonably requested by City. The City shall have the right to audit, examine and make copies of all books, records, or other documents of the Owner which pertain to the Project. 3.5 Records. The Owner shall maintain complete, accurate and current records pertaining to the Project, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size of the residents. All resident lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Affordable Units for a period of at least three (3) years, and for any period during which there is an audit undertaken by the City. The City shall notify Owner of any records it deems insufficient. Owner shall have fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Owner shall begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. 3.6 Increased Income of Residents. If, upon recertification of the income of a household occupying an Affordable Unit, the Owner determines that the household has an Income exceeding the maximum qualifying income for the Affordable Unit, then: [CURRENT OPTION] Such household shall be permitted to continue occupying the Affordable Unit upon expiration of the household’s lease, and upon sixty (60) days written notice, the rent shall be increased to the lesser of thirty percent (30%) of the household’s Income or fair market value. [OPTION 1] Where the Project consists of less than twenty-five (25) Dwelling Units and: 1. The over-income household’s Income exceeds 60% AMI, but is less than 100% AMI, the household shall remain eligible to rent the Affordable Unit and the rent shall be set at 30% of 60% AMI. 10 Fully Affordable Rental Inclusionary [DB] Agreement 2. The over-income’s household’s Income exceeds 100% AMI, the household will be deemed no longer income eligible to rent an Affordable Unit. For such Residents, the Owner: a. Shall provide the household a written notice of their over-income status within ten (10) days of recertification and a written 60-day notice to vacate the Affordable Unit; and b. Shall bring the Project into conformance with this Agreement by renting the vacated Affordable Unit to an income-eligible household (either Lower, Very Low or Extremely Low Income Household) based on the designation of the Affordable Unit before vacation. 3.7 Termination of Occupancy. Upon termination of occupancy of an Affordable Unit by an income-qualifying household, Owner shall rent the Affordable Unit to a household whose Income does not exceed that of former resident household when they qualified for occupancy of such Affordable Unit within thirty (30) days of termination of occupancy by the former resident household. Should Owner fail to comply with this Section 3.7, it shall constitute an Event of Default hereunder entitling the City to exercise any of its remedies set forth herein. 3.8 Condominium Conversion. Owner shall not convert the Affordable Units in the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the residential portion of the Project or any part thereof unless Owner obtains the City’s consent, which consent shall be conditioned upon Owner’s agreement to ensure that the Affordable Units remain available as affordable housing. Prior to conveyance of any Affordable Unit(s), the buyer(s) of any for-sale Affordable Units shall enter into an affordable housing agreement, in a form approved by the City Manager and City Attorney, that maintains the affordability of the unit for the minimum term set forth in this Agreement or in California law whichever is greater. 4. Term of Agreement. 4.1 Term of Restrictions. Unless extended by mutual agreement of the Parties, upon the 55th anniversary of issuance of the final certificate of occupancy for the Project, this Agreement shall automatically terminate and be of no further force or effect. The Owner shall provide all notices and rights to residents required to be given prior to and upon the expiration of affordability covenants pursuant to Government Code Section 65863.10 or a successor statute which shall contain, at a minimum (a) the anticipated date of the expiration of the Term, (b) any anticipated Rent increase upon the expiration of the Term, (c) a statement that a copy of such notice will be sent to the City. 11 Fully Affordable Rental Inclusionary [DB] Agreement 4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This Agreement shall remain effective and fully binding for the full Term hereof, regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein. 4.3 Reconveyance. Upon the expiration of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to evidence the expiration of this Agreement, or to evidence the release and discharge of this Agreement as a matter of title. 5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. The covenants and restrictions implementing the affordability covenants set forth in this Agreement shall be enforceable against Owner (and each successor in interest) if found to be in violation of the covenants and restrictions herein, by any of the following: (A) City; (B) a resident of an Affordable Unit; (C) a residents’ association with members who reside in the Affordable Units; (D) a former resident of an Affordable Unit who last resided in that Affordable Unit; (E) an applicant household seeking to enforce the covenants and restrictions for an Affordable Unit, if the household conforms to all of the following: (i) their Income qualifies for occupancy of the Affordable Unit, (ii) is able and willing to occupy the Affordable Unit, and (iii) was denied occupancy of that particular Affordable Unit due to an alleged breach of a covenant or restriction implementing this Agreement. Pursuant thereto, the covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of the City and its successors and assigns, shall be binding upon Owner, and its successors and assigns; and may be enforced by City and its successors and assigns. Owner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Owner’s interest in the Property is rendered less valuable thereby. Owner hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by Lower Income Households and Very Low Income Households, and by furthering public purposes for City. 12 Fully Affordable Rental Inclusionary [DB] Agreement In amplification and not in restriction of the provisions hereinabove, it is further intended that this Agreement is designed to create equitable servitudes and covenants running with the Property, in accordance with the provisions of Civil Code Section 1468. Pursuant thereto, it is intended and agreed that City is deemed a beneficiary of the agreements and covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of City and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City which real property shall be deemed the benefited property of such covenants. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of the City. City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby. 5.1 Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project or the Regulatory Agreement Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person or entity acquired an interest in the Project or the Property. 6. Property Management; Repair and Maintenance; Marketing. 6.1 Management Responsibilities. Owner, or Owner’s designee, shall be responsible for all management functions with respect to the Property and the Project, including without limitation the selection of residents, certification and recertification of household size and income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for management or maintenance of the Property or the Project. Owner’s shall not be relieved of its duty to perform of management duties in the event that it hires a management agent. 13 Fully Affordable Rental Inclusionary [DB] Agreement 6.1.1 Approval of Management Policies. Owner shall submit its written management policies with respect to the Project to the City for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement and City Guidelines. 6.2 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner, or Owner’s designee, shall at its own expense, maintain the Property and the Project in good physical condition, in good repair including all interior and exterior improvements, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the Units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair and abandoned vehicles/appliances, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. 6.2.1 City’s Right to Perform Maintenance. The City places prime importance on quality maintenance to ensure that all affordable housing projects within the City are not allowed to deteriorate due to below-average maintenance. In the event that Owner breaches any of the covenants contained in Section 6.2, and such default continues for a period of ten (10) days after written notice from City with respect to graffiti, debris, and waste material or thirty (30) days after written notice from City with respect to landscaping, building improvements and general maintenance, then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. 6.2.2 Costs. All costs expended by City in connection with the foregoing, constitute an indebtedness, and must be paid by Owner to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor will bear interest at the rate of 8% per annum and may be collected by the City by imposing a special assessment on the Property which shall be collected at the same time and in the same manner as property taxes. 6.3 Marketing and Management Plan. Within 180 days following the Effective Date of this Agreement, Owner shall submit for City review and approval, a plan for marketing and managing the Property (“Marketing and Management Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Affordable Units to prospective Very Low and Lower Income Households in 14 Fully Affordable Rental Inclusionary [DB] Agreement accordance with fair housing laws and this Agreement which shall, at a minimum, utilize a listing service designated by the City for such purposes, Owner’s Resident selection criteria, and how Owner plans to certify the eligibility of residents. The Marketing and Management Plan shall further set forth the manner in which Owner will encourage or incentivize (including financial incentives, to the extent allowed by TCAC regulations) Residents who no longer qualify as income-eligible for the Affordable Units to transition to market rate housing opportunities within the City. The Plan shall also describe the management team and shall address how the Owner and the management entity plan to manage and maintain the Property and the Project. The Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with residents. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement. Should Owner fail to comply with this Section 6.3, it shall constitute an Event of Default hereunder entitling the City to exercise any of its remedies set forth herein. 6.4 Approval of Amendments. If City has not responded to any submission of the Marketing and Management Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within sixty (60) days following City’s receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by City. 6.5 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Nothing in this Section is intended to prohibit Owner from applying for any exemption from property taxes and fees that may be available to the owners of low-income housing. 6.6 Insurance Coverage. Throughout the term of this Agreement Owner shall comply with the insurance requirements set forth in Exhibit F. Should Owner fail to comply with this Section 6.6, it shall constitute an Event of Default hereunder entitling the City to exercise any of its remedies set forth herein. 6.7 Property Damage or Destruction. If any part of the Project is damaged or destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. 15 Fully Affordable Rental Inclusionary [DB] Agreement Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. 7. Recordation; Subordination. The Deed of Trust, Notice of Affordability Restrictions on Transfer secures all performance obligations of Owner to City under this Agreement. This Agreement and the Deed of Trust shall be recorded in the Official Records of San Mateo County concurrently with Owner’s acquisition of the Property. Notwithstanding the foregoing, the City agrees the City will not withhold consent to reasonable requests for subordination of this Agreement and Deed of Trust to deeds of trust provided for the benefit of lenders providing financing for the acquisition, development or rehabilitation of the Project (and their successors and assigns), provided that the instruments effecting such subordination include reasonable protections to the City in the event of default, including without limitation, extended notice and cure rights pursuant to Section 8.2. Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a subordination under this Agreement within ten (10) days following City’s delivery of an invoice detailing such costs. 8. Transfer and Encumbrance. 8.1 Restrictions on Transfer and Encumbrance. Upon issuance of a final certificate of occupancy for the Project, or any portion thereof, Owner may, upon City’s written consent, transfer or assign all or any portion of its interests, rights or obligations in the Property, or under this Agreement, to any third party, and, as this Agreement “runs with the land” this Agreement shall be binding on Owner’s successors and assigns for the full term of this Agreement. Consent to any proposed transfer may be given by the City Manager unless the City Manager, in his or her discretion, refers the matter of approval to the City Council. If a proposed transfer has not been approved by City in writing within thirty (30) days following City’s receipt of written request by Owner, it shall be deemed rejected. The City may declare any attempt to transfer the Project or Property in any manner that does not comply with this Agreement is prohibited, shall constitute an Event of Default and is null and void and of no effect, and said transfer shall be enjoined at the City’s request by a court of competent jurisdiction. Owner shall reimburse City for all costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee or seeking redress for a transfer sought in violation of 16 Fully Affordable Rental Inclusionary [DB] Agreement the Agreement within ten (10) days following City’s delivery of an invoice detailing such costs. If, after thirty (30) days, Owner fails to remit such costs to the City pursuant to its demand therefor, it may recover the costs by imposing a special assessment on the Property which shall be collected in the same manner and at the same time as property taxes. 8.2 Encumbrances. Owner agrees to use best efforts to ensure that all deeds of trust or other security instruments and any applicable subordination agreement recorded against the Property, the Project or part thereof for the benefit of a lender (“Lender”) shall contain each of the following provisions: (i) Lender shall use its best efforts to provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner; and, (ii) City shall have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure extended by an additional 90 days, (iii) provided that City has cured any default under Lender’s deed of trust and other loan documents, City shall have the right to foreclose City’s Deed of Trust and take title to the Project without acceleration of Lender’s debt; and (iv) City shall have the right to transfer the Project without acceleration of Lender’s debt to another entity which shall own and operate the Property and Project in accordance with this Agreement, subject to the prior written consent of the Lender. Owner agrees to provide to City a copy of any notice of default Owner receives from any Lender within thirty (30) business days following Owner’s receipt thereof. Owner may encumber the Property for the purpose of securing financing related to the Project. However, such encumbrances may not in any way modify the permitted sale price of the Affordable Unit pursuant to this Agreement. 8.3 Foreclosures The Owner covenants to and shall cause to be recorded in the Office of the Recorder for the County of San Mateo a request for any notice of default pursuant to Civil Code Section 2924b and/or Civil Code Section 2924f under any deed of trust or mortgage with power of sale encumbering the Project or Property. Such request shall specify that any notice shall be mailed to the City Manager of the City of South San Francisco 400 Grand Avenue, South San Francisco, CA 94080. Any such notice shall constitute a notice of intent to sell hereunder and City (or its assignee) may exercise its right of first refusal prior to any trustee’s sale, judicial foreclosure sale, or transfer by deed in lieu of foreclosure. 8.4 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Project or the Property that such violation has occurred. 17 Fully Affordable Rental Inclusionary [DB] Agreement 9. Default and Remedies. 9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”): 9.1.1 Any increase in rent for an Affordable Unit above that permitted by the Agreement; or 9.1.2 The occurrence of a transfer in violation of Section 8.1 hereof; 9.1.3 Owner’s failure to maintain insurance on the Property and the Project as required hereunder, and the failure of Owner to cure such default within thirty (30) days of written notice from City; 9.1.4 Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Project or failure to pay any other charge that may result in a lien on the Property or the Project, and Owner’s failure to cure such default within sixty (60) days of delinquency; 9.1.5 A default arises under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan; 9.1.6 Owner’s default in the performance of any material term, provision or covenant under this Agreement or the Development Agreement, and unless such provision specifies a shorter cure period for such default, the continuation of such default for thirty (30) days in the event of a monetary default or sixty (60) days in the event of a non-monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within 60 days, Owner’s failure to commence to cure the default within sixty (60) days and thereafter prosecute the curing of such default with due diligence and in good faith. 9.2 Remedies. The occurrence of an Event of Default following the expiration of any applicable notice and cure periods shall give the City the right to proceed with any and all remedies set forth in this Agreement and the Deed of Trust, including but not limited to the following: 9.2.1 In addition to any other remedy provided by law or equity or granted elsewhere under this Agreement, the City shall have the right to proceed with any suit, action, or proceeding at law or in equity to secure performance by Owner, its successors and assigns, of its commitments and obligations under this Agreement. In any such action, the City may seek monetary relief in an amount sufficient to allow the City to provide rental housing equivalent to that wrongfully denied under this Agreement. 18 Fully Affordable Rental Inclusionary [DB] Agreement 9.2.2 The City shall be entitled to a penalty of $1000 if Owner, its agents, successors and assigns fail to perform an annual certification, for each Inclusionary Unit whose residents were not subject to an annual certification and an additional $1,000 for every 30-day period for each Inclusionary Unit whose residents have not been subject to an annual certification. The City shall further be entitled to a penalty of $2,500 per Inclusionary Unit, if Owner at any time fails to make available or to provide Inclusionary Units at the required Affordable Rent and an additional $2,500 for every 30-day period each Inclusionary Unit is not provided in accordance with the Agreement. If, after thirty (30) days, Owner fails to remit such penalties to the City pursuant to its demand therefor, City may impose these fines as a special assessment on either the Property or Project which shall be collected at the same time and in the same manner as property taxes. 9.2.3 Payment of Fee to City If the Owner has breached its obligation to rent the Inclusionary Units (or any of them) to Very Low Income or Lower Income Households at an Affordable Rent pursuant to this Agreement, then a fee in the amount of $[in lieu fee amount applicable to the Project if they didn’t provide units] (“Fee”) which was avoided by City in consideration for Owner’s agreement to rent the Inclusionary Units at an Affordable Rent in accordance with this Agreement as well as 10% interest on the Fee shall become immediately due and payable by the Owner to the City. If, after thirty (30) days, Owner fails to remit the Fee to the City pursuant to its demand therefor, City may impose the Fee as a special assessment on either the Property or Project which shall be collected at the same time and in the same manner as property taxes. This amount shall also be a debt of Owner payable to City, evidenced by the Note and secured by the Deed of Trust. 9.2.4 Payment of Excess Rental Proceeds to City If the Owner has breached its obligation to rent the Affordable Units (or any of them) to Very Low Income or Lower Income Households at an Affordable Rent pursuant to this Agreement, then the Excess Rental Proceeds resulting from Owner’s renting or leasing any Affordable Unit in whole or in part in violation of this Agreement shall become immediately due and payable by the Owner to the City. If, after thirty (30) days, Owner fails to remit the Excess Rental Proceeds to the City pursuant to its demand therefor, City may impose the Excess Rental Proceeds as a special assessment on either the Property or Project which shall be collected at the same time and in the same manner as property taxes. This amount shall also be a debt of Owner payable to City, evidenced by the Note and secured by the Deed of Trust. 9.2.5 Resident Remedy For Violation of Rental Requirements. 9.2.5.1 In the event that Owner charges or receives higher rental amounts on the Affordable Units than allowed pursuant to this Agreement, Owner shall be required to 19 Fully Affordable Rental Inclusionary [DB] Agreement reimburse the resident that occupied said Affordable Unit at the time the excess rent was received for the entire amount of such excess rent received, provided that such resident can be found following reasonable inquiry, and to pay to such resident interest on said excess amount, at the rate of six percent (6%) per annum, for the period commencing on the date the first excess rent was received from said resident and ending on the date reimbursement is made to the resident. For purposes of this Section, “reasonable inquiry” shall include Owner’s review of information provided by the resident as part of the resident’s application, and forwarding information provided by the resident, and Owner’s reasonable attempts to contact the resident and any other persons listed in either of such documents. If, after such reasonable inquiry, Owner is unable to locate the resident, Owner shall pay all of such amounts otherwise to be paid to the resident to City. 9.2.5.2 In the event Owner knowingly rents an Affordable Unit in violation of the preference requirements, in addition to any other equitable remedy City shall have for such default, Owner, for each separate violation, shall be required to pay City a penalty in an amount equal to two (2) months of rental charges for the noncompliant unit. If, after thirty (30) days, Owner fails to remit such fine to the City pursuant to its demand therefor, City may impose the Fee as a special assessment on either the Property or Project which shall be collected at the same time and in the same manner as property taxes. 9.2.6 Remedies Cumulative Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 9.3 Attorney’s Fees and Costs. In any judicial proceeding, arbitration, or mediation between the City and Owner seeking enforcement of any of the terms and provisions of this Agreement (collectively, “Action”), the prevailing Party in such Action shall recover all of its actual and reasonable costs and expenses (whether or not the same would be recoverable pursuant to Code of Civil Procedure Section 1033.5 or Civil Code Section 1717 in the absence of this Agreement), including expert witness fees, attorney’s fees, and costs of investigation and preparation prior to the commencement of the Action. The right to recover such costs and expenses shall accrue upon commencement of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. 10. Indemnity. To the fullest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold City and its respective elected and appointed officers, officials, employees, agents, volunteers and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly 20 Fully Affordable Rental Inclusionary [DB] Agreement or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Project or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement. It is further agreed that City does not and shall not waive any rights against Owner that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by, or the deposit with City by Owner, of any of the insurance policies described in this Agreement. 11. Miscellaneous. 11.1 Amendments. Pursuant to San Francisco Municipal Code Section 20.380.015, any amendment this Agreement shall be processed in the same manner as an original application for approval, except as authorized in Section 20.380.004(C). 11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. Consent by the City to any act or omission by Owner shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers. 11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: 11.3.1 personal delivery, in which case notice is effective upon delivery; 11.3.2 certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or 11.3.3 nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. 21 Fully Affordable Rental Inclusionary [DB] Agreement If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 Email: mike.futrell@ssf.net With a Copy to: City of South San Francisco 400 Grand Avenue Attn: ECD Director South San Francisco, CA 94080 Phone: (650) 829-6622 Email: alex.greenwood@ssf.net With a Copy to: Meyers Nave Attn: Sky Woodruff, City Attorney 1999 Harrison Street, 9th Floor Oakland, CA 94612 Tel (510) 808-2000 Fax (510) 444-1108 Email swoodruff@meyersnave.com If to Owner: [Insert] 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co- venturers, or principal and agent with one another. 11.6 Third Party Beneficiaries Certified income-eligible residents of the Affordable Units are “Third Party Beneficiaries” of this Agreement and shall have the right to proceed with any suit, action, or proceeding at law or in equity to require the Owner to perform its obligations as set forth herein. 11.7 Authority to Execute. Owner represents and warrants that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Owner is formally bound to the provisions of this Agreement, (iv) Owner’s entering into and performance of its obligations set forth in this Agreement does not violate any provision of any other agreement to which Owner is bound, and (v) there is no existing or threatened litigation or legal 22 Fully Affordable Rental Inclusionary [DB] Agreement proceeding of which Owner is aware that could prevent Owner from entering into or performing its obligations set forth in this Agreement. Owner further represents and warrants that the person(s) executing this Agreement on behalf of Owner has the authority to execute this Agreement. 11.8 Interpretation of Agreement This Agreement shall be interpreted to ensure that the rental of all Affordable Units remain affordable to Lower Income and Very Low Income Households as described in this Agreement. The terms of South San Francisco Municipal Code Chapters 20.380 [if DB add “and 20.390”], including documented legislative intent associated with enactment shall apply to interpretation of this Agreement, and its Deed of Trust. 11.9 Superiority of Declarations The Owner warrants that it has not executed, and agrees that it will not execute, any other agreement with provisions contradictory to, or in opposition to, the provisions of this Agreement, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations between and among the Owner, the City, and their respective successors. 11.10 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing board of the City at the discretion of the City Manager. 11.11 Administrative Fee. Owner shall pay an administrative fee to City to reimburse it for all administrative and processing costs and fees incurred in processing the Plan and implementing the requirements Chapter 20.380 on a project specific basis. [If DB add “Owner shall further pay an administrative fee to City per Resolution [#] for City’s administration and monitoring of Target Dwelling Units.”] 11.12 Non-Liability of City Officials, Employees and Agents. No member, official, employee, volunteer or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement. 23 Fully Affordable Rental Inclusionary [DB] Agreement 11.13 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 11.14 Time is of the Essence. Time is of the essence in the performance of this Agreement. 11.15 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. 11.16 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 11.17 Entire Agreement; Exhibits. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibits A through G, attached hereto are incorporated herein by this reference. 11.18 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGE. 24 Fully Affordable Rental Inclusionary [DB] Agreement IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: __________________________________ Mike Futrell, City Manager ATTEST: By: _________________________________ Rosa Govea Acosta, City Clerk APPROVED AS TO FORM: By: _________________________________ Sky Woodruff, City Attorney OWNER: By: ______________________________ Its: _______________________________ SIGNATURES MUST BE NOTARIZED. 25 Fully Affordable Rental Inclusionary [DB] Agreement STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On , 20__, before me, ______________________, (here insert name and title of the officer), personally appeared _________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On _______________, 20__, before me, ______________________, (here insert name and title of the officer), personally appeared __________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 26 Fully Affordable Rental Inclusionary [DB] Agreement authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) Fully Affordable Rental Inclusionary [DB] Agreement Exhibit A – Legal Description [Insert Property Legal Description] Fully Affordable Rental Inclusionary [DB] Agreement Exhibit B – Inclusionary Housing Plan Fully Affordable Rental Inclusionary [DB] Agreement Exhibit C – Density Application Bonus [insert if DB] Fully Affordable Rental Inclusionary [DB] Agreement Exhibit D – Promissory Note Fully Affordable Rental Inclusionary [DB] Agreement Exhibit E – Deed of Trust Fully Affordable Rental Inclusionary [DB] Agreement Exhibit F – Notice of Affordability Restrictions Fully Affordable Rental Inclusionary [DB] Agreement Exhibit G – Request for Notice of Default Fully Affordable Rental Inclusionary [DB] Agreement Exhibit H – Insurance Requirements 3718535.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-569 Agenda Date:7/28/2021 Version:1 Item #:7. Report regarding a resolution determining that no further review under the California Environmental Quality Act is required and authorizing the City Manager to execute a Purchase and Sale Agreement for 71 Camaritas Avenue and approving Budget Amendment Number 22.014 appropriating $5.5 million for the acquisition.( Julie Barnard, Economic Development Coordinator) RECOMMENDATION Staff recommends adopting a resolution determining that no further review under the California Environmental Quality Act (CEQA)is required,authorizing the City Manager to execute a Purchase and Sale Agreement for $5,500,000 for the property located at 71 Camaritas Avenue for the relocation and construction of a new Fire Station 63,and approving Budget Amendment Number 22.014 appropriating funds for the acquisition. BACKGROUND/DISCUSSION Fire Station 63 is located in the rear portion of the Municipal Services Building (MSB)at 33 Arroyo Drive.The station was installed when the City purchased the MSB in 1982 and has been in near continuous operation since that time.It is the smallest of the City’s five fire stations,occupying 5,248 square feet.The limited living space, storage,apparatus bay size,and lot configuration make it challenging to meet current operational needs.It is also the busiest station in the department and houses an ambulance and fire engine with five personnel. Attachment 1 shows the primary and neighboring response zones for Station 63. In 2010,the City renovated Station 63 to address serious structural,life safety and operational issues.However, the MSB as a whole was not seismically upgraded,the living quarters and apparatus bay were not expanded and remain undersized.The station continues to be dependent on the MSB for all of its utilities and mechanical systems and there is limited space for training and no space to house reserve apparatus or emergency supplies. Initial Civic Campus plans included building a new Station 63 at the same time as the Civic Campus.Later,it was decided to build a new station when the MSB was redeveloped,with the potential for either having a developer help pay for the station or use the proceeds from sale of the MSB to pay for the station.Designs for a new station have been brought to the “design development”level (i.e.,advanced -but not complete - construction drawings);with plans calling for an 8,800 sq.ft.facility requiring 45,000 sq.ft.of land for the station.Construction was projected to cost approximately $20,000,000,not including land cost.Until recently, the City’s plan was to build a new Station 63 at the corner of Arroyo Drive and Camaritas Avenue,at the northwest corner of the current MSB site. In May 2021,Jeff Aguilar of CBRE Brokerage Services approached the City on behalf of his client Camino Royale Investment Corporation (“the Seller”)to determine the City’s interest in acquiring 71 Camaritas Avenue (the “Property”),see Attachment 1 for the site location.Previously,the Seller had pursued entitlements for a hotel on this Property,but they encountered significant community opposition and ultimately withdrew their application.The Seller then opted not to pursue the project any further and began to explore options to dispose of the Property, which included outreach to the City. City of South San Francisco Printed on 7/29/2021Page 1 of 3 powered by Legistar™ File #:21-569 Agenda Date:7/28/2021 Version:1 Item #:7. The Property measures approximately 1.07 acres in land area.A significant portion of the site is encumbered by an 80-foot-wide easement held by the San Francisco Public Utilities Commission (SFPUC).Despite the easement,an architectural analysis concluded that the Property has sufficient size and configuration to accommodate the City’s plans for a new Fire Station 63. On June 23,2021,the City Council met in closed session to discuss the possible acquisition of the Property for the relocation of Fire Station 63 to the Property.Council directed staff to negotiate with the Seller.Staff and the Seller have reached an agreement on a purchase price of $5,500,000,and staff is recommending that the City Council take actions necessary to proceed with purchasing the Property.A significant reason for the City to proceed with the purchase of the Property for Fire Station 63 is that doing so will unencumber any future plans for the MSB. Within five days of the execution of the PSA,the City and Seller will open escrow and pay a $165,000 deposit. At this time,the City will have 60 days to complete all due diligence items.During the due diligence period staff will make all efforts to understand the constraints of the site and to ensure that a fire station can be built on the site.These efforts include,but are not limited to;fully understanding what may and may not be built over the SFPUC easement,investigating all environmental conditions and concerns,discovering any utilities that have not yet been disclosed and developing a conceptual fire station layout on the site to ensure that there is a configuration that would make the fire station feasible.The City has the right,in its sole and absolute discretion,to not move forward with the purchase for any reason (or no reason)prior to the expiration of the Due Diligence Contingency Period and receive a full refund on the deposit. In accordance with provisions of State Planning Law (Govt.Code Section 65402),on July 15,2021,the Planning Commission adopted Resolution No.2873-2021,finding that the location,purpose and extent of the proposed acquisition of the Property is in conformity with the City’s adopted General Plan. At the time that this staff report was completed,some details of the Purchase and Sale Agreement (“PSA”)for acquisition of the Property were still being negotiated.Because of the need to complete the acquisition in a timely manner,staff is seeking Council approval for the PSA in substantially the form attached and authorization for the City Manager to execute the PSA once the final details have been negotiated,as long as the final terms do not unreasonably increase the City’s obligations above those reflected in the attached draft PSA, and subject to review by the City Attorney. The Property is within the El Camino Real /Chestnut Area Plan (ECR/C),which envisions redevelopment of the area as a vibrant,mixed-use district.The General Plan Land Use Designation for the Property is El Camino Mixed Use North,High Intensity which is intended to accommodate high-intensity active uses and mixed-use development.Public uses (including government offices,police and fire stations,parks,and public schools)are also permitted in this land use designation.Development of a fire station at this site would help to carry out the City’s vision for redevelopment of the Plan Area,by providing public safety facilities to support existing and future land uses. In 2017,the City prepared and the City Council certified a Subsequent Environmental Impact Report (SEIR) for the Community Civic Campus Phase I-III project.The project reviewed in the SEIR contemplated the construction of a new Police Station,shared Parks and Recreation/Library/Council Chambers facility,and replacement of Fire Station 63.The SEIR specifically referenced that the project would be constructed in three phases and Phase III would consist of construction of Fire Station 63.The purpose of the SEIR was to identify City of South San Francisco Printed on 7/29/2021Page 2 of 3 powered by Legistar™ File #:21-569 Agenda Date:7/28/2021 Version:1 Item #:7. phases and Phase III would consist of construction of Fire Station 63.The purpose of the SEIR was to identify any new significant or more severe environmental impacts than those disclosed in the 2011 ECR/C Area Plan EIR,and concluded that the project,inclusive of Phase I-III,would not result in new or more significant environmental impacts.Thus,the proposed acquisition of the Property and the action before the City Council are already included as a part of the project that was previously analyzed in the SEIR.Therefore,no additional CEQA analysis is required at this time. FISCAL IMPACT Approving Budget Amendment Number 22.014 appropriates $5,500,000 from the City’s Infrastructure Reserve Fund to pay for the acquisition of the Property.Funding for the construction of the Fire Station is yet to be determined but staff will explore using a combination of Infrastructure Reserve Funds,developer impact fees, community benefits from large-scale developments, and/or other sources. RELATIONSHIP TO STRATEGIC PLAN The purchase of 71 Camaritas Avenue meets the City’s Strategic Plan Priority #3:Public Safety.Specifically the goal of designing a new Fire Station #63. CONCLUSION Staff recommends adopting a resolution determining that no additional review under CEQA is required and authorizing the City Manager to execute a PSA substantially in the form attached to the resolution for $5,500,000 for the property located at 71 Camaritas Avenue for the relocation and construction of a new Fire Station 63, and approving Budget Amendment Number 22.014 appropriating funds for the acquisition. Attachment 1: 1.71 Camaritas Avenue Site location City of South San Francisco Printed on 7/29/2021Page 3 of 3 powered by Legistar™ ARROYO DREL CAMINO REAL A R R O Y O D R CAMARITAS AVE W E S T B O R O U G H B L V D W ORANGE AVEDEL MONTE AVE EL CAMINO REAL 71 Camaritas Avenue 0 125 25062.5 Feet City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-570 Agenda Date:7/28/2021 Version:1 Item #:7a. Resolution determining that no further review under the California Environmental Quality Act is required and authorizing the City Manager to execute a Purchase and Sale Agreement for 71 Camaritas Avenue and approving Budget Amendment Number 22.014 appropriating $5.5 million for the acquisition WHEREAS,Fire Station 63 is located in the rear portion of the Municipal Services Building (“MSB”)at 33 Arroyo Drive; and, WHEREAS,it is the busiest station in the department and has limited living space,storage,and apparatus bay size; and, WHEREAS,the City of South San Francisco (“City”)wishes to relocate and upgrade Fire Station 63 in order to meet its operational needs; and, WHEREAS,initial Civic Campus plans included building a new Station 63 at the same time as the Civic Campus or to build a new station when the MSB was redeveloped.In 2017,the City prepared and the City Council certified a Subsequent Environmental Impact Report (SEIR)for the Community Civic Campus Phase I -III project.The project reviewed in the SEIR contemplated the construction of a new Police Station,shared Parks and Recreation/Library/Council Chambers facility,and replacement of Fire Station 63.The SEIR specifically referenced that the project would be constructed in three phases and Phase III would consist of construction of Fire Station 63.The purpose of the SEIR was to identify any new significant or more severe environmental impacts than those disclosed in the 2011 ECR/C Area Plan EIR,and concluded that the project, inclusive of Phase I-III, would not result in new or more significant environmental impacts.; and, WHEREAS,in May 2021,Jeff Aguilar of CBRE Brokerage Services approached the City on behalf of his client Camino Royale Investment Corporation (“the Seller”)to determine the City’s interest in acquiring 71 Camaritas Avenue (the “Property”); and, WHEREAS,Seller had pursued entitlements for a hotel on this Property,but had encountered significant community opposition and ultimately withdrew their application; and, WHEREAS,the Property measures approximately 1.07 acres in land area and a significant portion of the site is encumbered by an 80-foot-wide easement held by the San Francisco Public Utilities Commission (“SFPUC”); and, WHEREAS, SFPUC will not permit any required development on their easement; and, WHEREAS,the City conducted an architectural analysis concluded that the Property has sufficient size and City of South San Francisco Printed on 7/29/2021Page 1 of 3 powered by Legistar™ File #:21-570 Agenda Date:7/28/2021 Version:1 Item #:7a. WHEREAS,the City conducted an architectural analysis concluded that the Property has sufficient size and configuration to accommodate the City’s plans for a new Fire Station 63; and, WHEREAS,on June 23,2021,the City Council of South San Francisco (“Council”)met in closed session to discuss the possible acquisition of the Property for the relocation of Fire Station 63 to the Property and ultimately Council directed staff to negotiate with the Seller; and, WHEREAS,Staff and the Seller have reached an agreement on a purchase price of $5,500,000 and have negotiated most terms of a Purchase and Sale Agreement (“PSA”).Staff and the Seller still need to resolve several items in the PSA.To move forward with the acquisition of the Property in a timely manner,a draft PSA has been presented and considered for approval in substantially the form attached while remaining terms of the PSA are being negotiated; and, WHEREAS,the purchase of the Property for Fire Station 63 will unencumber any future plans for the MSB; and WHEREAS,in accordance with provisions of State Planning Law (Govt.Code Section 65402),on July 15, 2021,the Planning Commission adopted Resolution No.2873-2021,finding that the location,purpose and extent of the proposed acquisition of the Property is in conformity with the City’s adopted General Plan; and, WHEREAS,Budget Amendment Number 22.014 appropriates $5,500,000 from the City’s Infrastructure Reserve Fund for the purchase of the property; and, NOW THEREFORE IT BE RESOLVED that the City Council of the City of South San Francisco does hereby take the following actions: (1)Finds and determines that the recitals are true and correct; (2)Finds and determines that the proposed acquisition of the Property and the action before the City Council are already included as a part of the project that was previously analyzed in the SEIR. Therefore,no additional CEQA analysis is required at this time.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 Chief Planner Tony Rozzi; (3)Approves the PSA in substantially the same form attached hereto as Exhibit A; (4)Authorizes the City Manager to enter into and execute the PSA on behalf of the City,in substantially the same form as attached hereto as Exhibit A;and as a result of completed negotiations with the Seller, to make any revisions,amendments,or modifications,subject to review and approval of City Attorney,deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; and (5)Approves Budget Amendment number 22.014 appropriating $5,500,000 from the Infrastructure Reserve Fund for the purchase of the Property. City of South San Francisco Printed on 7/29/2021Page 2 of 3 powered by Legistar™ File #:21-570 Agenda Date:7/28/2021 Version:1 Item #:7a. ***** Exhibit A: DRAFT Purchase and Sale Agreement for the purchase of 71 Camaritas Avenue City of South San Francisco Printed on 7/29/2021Page 3 of 3 powered by Legistar™ - 1 - DRAFT 7/23/21 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“this Agreement”) is entered into as of July __, 2021 (the “Effective Date”), by and between the City of South San Francisco, a municipal corporation (“Buyer”), and Camino Royale Investment Corporation, a California corporation, and Somil Gandhi (collectively “Seller”). Seller and Buyer are collectively referred to herein as the “Parties.” RECITALS A. Seller is owner of certain real property with an address of 71 Camaritas Avenue, South San Francisco, California, also known as San Mateo County Assessor’s Parcel Number 010- 402-240, and as more particularly described in Exhibit A attached hereto and incorporated herein (“Property”). B. Buyer agrees to purchase the Property, and Seller agrees to sell the Property to Buyer, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, Seller and Buyer hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer hereby agrees to acquire the Property from Seller. The Property shall include the following: (a) All of Seller’s right, title and interest, if any, in and to all improvements located on the Property. (b) All of Seller’s right, title and interest, if any, in and to all rights, privileges, tenements, hereditaments, rights-of-way, easements, licenses, appurtenances, mineral rights, development rights, permits, approvals, air rights, and water and riparian rights belonging or appertaining to the Property or any improvements thereon. (c) All of Seller’s interests, if any, in and to all personal property, tangible or intangible (including, without limitation, trade names, trademarks or intellectual property, warranties, guarantees, plans, specifications, architects’, engineers’, and all other consultants’ contracts, reports and all governmental approvals obtained or applied for as of the date of this Agreement relating to the Property or any improvements thereon) located on or relating to the Property and/or any improvements thereon. - 2 - DRAFT 7/23/21 2.2 Purchase Price. The purchase price for the Property to be paid by Buyer to Seller (the “Purchase Price”) is Five Million Five Hundred Thousand Dollars ($5,500,000.00). The Purchase Price shall be paid in cash at the Closing to the Seller. 3. ESCROW. 3.1 Escrow Account. Buyer has opened an interest-bearing escrow account (the “Escrow”) maintained by Chicago Title Company, Escrow Agent Jayson Yambao (the “Escrow Holder”), with interest, if any, accruing to the benefit of Buyer. Escrow Holder shall perform all escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within five (5) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow,” and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Buyer’s Deposit. Buyer agrees to provide a deposit into the Escrow in the amount of One Hundred Sixty-Five Thousand Dollars ($165,000) (“Deposit”) within five (5) business days of the Opening of Escrow. The Deposit shall be applied to the Purchase Price at Closing. If Buyer does not terminate this Agreement on the conclusion of the Due Diligence Contingency Period (defined below), then the deposit shall be nonrefundable except in the instance of a breach by Seller. 3.4 Satisfaction of Due Diligence Contingency. Buyer will have sixty (60) calendar days from Opening of Escrow (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property. Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession not later than two (2) business days following the execution and delivery of this Agreement. During the Due Diligence Contingency Period, Buyer and its agents, contractors and employees shall have the right to enter upon the Property for the purpose of making inspections or to perform environmental testing, at Buyer’s sole risk, cost and expense. All of such entries upon the Property shall occur within the Due Diligence Contingency Period, during normal business hours and after at least twenty-four (24) hours prior notice to Seller, and Seller or Seller’s agent shall have the right to accompany Buyer during any activities performed by Buyer on the Property. At Seller’s request, Buyer shall provide Seller with a copy of the results of any environmental tests and inspections made by Buyer, at no cost to Seller. If any inspection or test disturbs the Property, Buyer will restore the Property to the substantially the same condition as existed before the inspection or test. Buyer shall defend, indemnify and hold Seller and the Property harmless from and against any and all losses, costs, damages, claims or liabilities, including but not limited to, mechanic’s and materialmen’s’ liens, arising out of or in connection with Buyer’s inspection of the Property as allowed pursuant to this Section 3.4. - 3 - DRAFT 7/23/21 Buyer has the right to extend the Due Diligence Contingency Period by thirty (30) calendar days by deposit of Five Thousand Dollars ($5,000) into the Escrow, to be disbursed to Seller (the “Due Diligence Extension Payment”). The Due Diligence Extension Payment shall not be credited to the Purchase Price at Closing. Buyer shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason (or no reason) by written notice to Seller prior to the expiration of the Due Diligence Contingency Period (as it may be extended) and receive a refund of the Deposit. If Buyer timely sends such a termination notice, this Agreement shall terminate, and all amounts that may be deposited by Buyer into the Escrow, together with interest thereon, if any, will be returned to Buyer, and neither party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. In the event of Buyer’s termination of this Agreement pursuant to this Section 3.4, Buyer shall be responsible for the costs of Escrow and any cancellation fees. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Escrow Holder shall deliver a Preliminary Title Report for the Property (the “Preliminary Report”) to Buyer within three (3) days after the Opening of Escrow. Buyer shall have until thirty (30) days from the date of delivery of the Preliminary Title Report to approve or disapprove the condition of title to the Property; provided that all existing deeds of trust, mechanic’s liens and other financial liens and encumbrances shall be paid off and removed from title concurrently with or prior to the Closing. If there are any changes to the Preliminary Report prior to Closing, Buyer shall have twenty (20) days after receipt of the revised Preliminary Report to approve or disapprove such changes. 4.2 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller agrees to make any necessary disclosures required by law. Seller shall provide Buyer with all documents reasonably known to Seller pertaining to the environmental condition of the Property. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur no later than fifteen (15) calendar days after the expiration of the Due Diligence Contingency Period, as it may be extended pursuant to Section 3.4 hereof (“Closing Date”), or such other date that the Parties agree in writing. In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. As long as neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Notwithstanding anything in this Agreement to the contrary, if this Agreement is terminated due - 4 - DRAFT 7/23/21 to any reason other than a material default by Buyer, Escrow Holder shall return the Deposit to Buyer. Upon any such termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. 5.2 Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer's written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date: (a) Buyer has not sent a notice of termination to Seller prior to the end of the Due Diligence Contingency Period. (b) Seller has deposited into the Escrow a fully executed “Grant Deed”, “Non-Foreign Affidavit”, “California Certificate” (all as defined in Section 5.5(a) below), and all other documents to be submitted by Seller pursuant to this Agreement, all duly executed by Seller. (c) Seller has performed all obligations to be performed by Seller pursuant to this Agreement. (d) Seller’s representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) The Title Company is irrevocably committed to issue an ALTA standard coverage title insurance policy to Buyer, together with such endorsements as are requested by Buyer, effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price, subject only to those exceptions to title which have been approved by Buyer. (f) There shall be no litigation or administrative proceeding pending with respect to the Property as of the Closing, nor any moratoria which would adversely impact the development, use or value of the Property. (g) Possession of the Property will be delivered to Buyer immediately upon the Close of Escrow. 5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller’s obligation to sell and convey the Property to Buyer are subject to the satisfaction of the following conditions or Seller’s written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date: (a) Buyer has deposited into the Escrow the full amount of the Purchase Price, and all other costs required by this Agreement to be paid by Buyer. (b) Buyer has deposited into the Escrow a fully executed Acceptance of Grant Deed, and all other documents to be submitted by Buyer pursuant to this Agreement, all duly executed by Buyer. - 5 - DRAFT 7/23/21 (c) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before Closing Date. (d) Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. 5.4 Conveyance of Title. Seller will deliver marketable fee simple title to Buyer at the Closing, subject only to the exceptions to title which have been approved by Buyer. 5.5 Deliveries at Closing. (a) Deliveries by Seller. Seller shall deposit into the Escrow for delivery to Buyer at Closing: (i) a grant deed, substantially in the form attached hereto as Exhibit B (“Grant Deed”); (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); (iii) a California Franchise Tax Board form 590 (the “California Certificate”) to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131. (b) Deliveries by Buyer. No less than one (1) business day prior to the close of escrow, Buyer shall deposit into Escrow a signed acceptance of Grant Deed, and immediately available funds in the amount, which, together with the Deposit, is equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) the Escrow fees and recording fees; and (iii) the cost of the Title Policy. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed; (ii) disburse to Seller the Purchase Price, less commissions due to Seller’s agent and documentary transfer taxes and governmental conveyance fees; (iii) deliver to Buyer the Non- Foreign Affidavit, the California Certificate and a certified copy of the executed Grant Deed; (iv) pay any commissions and other expenses payable through escrow; and (vi) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. Buyer will pay all Escrow fees, recording fees, title insurance and title report costs. Seller will pay all documentary transfer taxes and governmental conveyance fees, if applicable. (e) Prorations. At the Close of Escrow, the Escrow Agent shall make the following prorations: (i) if the current installment of property taxes and assessments have not been paid by Seller prior to the Closing, property taxes will be prorated as of the Close of Escrow based upon the most recent tax bill available, including any ad valorem or property taxes which may be assessed after the Close of Escrow but which pertain to the period prior to the transfer of title to the Property to Buyer; (ii) if the current installment of property taxes and assessments has been paid by Seller prior to the Closing, there shall be no proration of property taxes and assessments, and Seller shall be responsible for applying for a refund of any overpayment of property taxes and assessments as a result of the acquisition of the Property by a public agency; and (iii) any bond or assessment that constitutes a lien on the Property at the Close of Escrow will be assumed by Buyer. - 6 - DRAFT 7/23/21 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Buyer in writing and Buyer will have three (3) business days thereafter to determine if Buyer wishes to proceed with Closing. If Buyer determines it does not wish to proceed, then the terms of Section 3.4 will apply. (a) Authority. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller. All the instruments, agreements and other documents executed by Seller that are to be delivered to Buyer at Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, and will be the valid and binding agreements and obligations of Seller enforceable in accordance with their respective terms. (b) Encumbrances. Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, leased or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any Agreement to do so, there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report, and as of the Close of Escrow there are no leases of any portion of the Property. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, lease or otherwise convey its interest prior to the Close of Escrow, as long as this Agreement is in force. For the purposes of this Agreement, the terms “encumbrances” and “leases” do not include the existing month to month rental agreements with existing tenants., which agreements will be assigned to Buyer upon close of escrow. (c) Other Agreements. There are no agreements affecting the Property except those which have been disclosed by Seller. There are no agreements which will be binding on the Buyer or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice. (d) Litigation. There is no pending, or, to Seller’s actual knowledge, threatened litigation, administrative proceeding or other legal or governmental action with respect to the Property. (e) Disclosure. Seller has disclosed all material facts with respect to the Property of which Seller has actual knowledge, and Seller further represents that it has performed a reasonably diligent search of Seller’s place of business for non-privileged documents relevant and material to the condition of the Property and provided a copy of such documents to Buyer. (f) Non-Foreign Person. Seller is not a foreign person as defined in Internal Revenue Code section 1445(f)(3). - 7 - DRAFT 7/23/21 (g) Title. Except as disclosed herein, and in the Preliminary Report, Seller has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Seller. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 Buyer’s Representations and Warranties. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to Buyer’s actual knowledge any such statement becomes untrue prior to Closing, Buyer shall so notify Seller in writing and Seller shall have at least three (3) business days thereafter to determine if Seller wishes to proceed with Closing. (a) Buyer is a municipal corporation, lawfully formed, in existence and in good standing under the laws of the State of California. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer. (b) Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder. (c) “AS IS” Sale. Except for Seller’s express covenants, representations and warranties contained in this Agreement, and any disclosures that may be made by Seller to Buyer pursuant to Section 4.2, Buyer acknowledges that neither Seller nor Seller’s partners, affiliates, members, shareholders, officers, directors, managers or employees and each of their respective heirs, successors, personal representatives and assigns (collectively, the “Seller Parties”) have made any representations, guaranties, promises, statements, assurances or warranties, express or implied, to Buyer including, without limitation, any pertaining to (a) the suitability of the Property for any purpose, (b) the physical or environmental condition thereof, (c) the suitability, habitability or merchantability or fitness of the Property for Buyer’s intended use or for any use whatsoever, (d) the rentals, income or expenses thereof, (e) the net or gross acreage contained therein, (f) the zoning thereof, (g) the condition of title thereto, (h) the existence or satisfaction of any local, state or federal approvals or permits for the development or use thereof, (i) the availability or existence of water, sewer or other utilities, (j) the existence or nonexistence of any Hazardous Materials in, on or under the Property, or (k) as to any other past, present or future matter whatsoever. - 8 - DRAFT 7/23/21 Buyer acknowledges and agrees that, except for Seller’s express covenants, representations and warranties contained in this Agreement, and any disclosures that may be made by Seller to Buyer pursuant to Section 4.2, Buyer has satisfied itself regarding the condition of the Property, and that the Property will be purchased “AS IS AND WITH ALL FAULTS.” Except for Seller’s express covenants, representations and warranties contained in this Agreement, and any disclosures that may be made by Seller to Buyer pursuant to Section 4.2, Buyer further acknowledges that it is not relying on any representations, guaranties, promises, statements, assurances or warranties, express or implied, by Seller or anyone acting or claiming to act on Seller’s behalf concerning the Property or the transaction contemplated hereunder and that Buyer is instead relying solely on its own inspections and investigations and the advice of its own advisors. (d). Release and Disclaimer. Except for Seller’s express covenants, representations and warranties contained in this Agreement, Buyer hereby voluntarily and knowingly waives, releases and forever discharges Seller and Seller Parties from and against any and all rights, claims, demands, causes of action, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, existing and future, contingent or otherwise (including any action or proceeding, brought or threatened, or ordered by any governmental entity) at law or in equity, whether made, suffered or incurred by Buyer or any of its affiliates, successors and assigns and whether known or unknown at the time of this Agreement, which Buyer has or may have in the future, arising out of the physical, environmental, economic, zoning, legal, title and/or financial condition of the Property, the tenants, the leases or Seller’s disclosures, including, without limitation, any of the matters referenced in clauses (a) through and including (k) of the first sentence of Section 6.2(c), above, and any claim for indemnification, contribution or otherwise arising under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.), or any similar federal, state or local statute, rule or ordinance relating to liability of property owners for environmental matters (including without limitation, under the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, and the Toxic Substance Control Act, all as amended, or any Environmental Laws) or relating to the presence, misuse, use, disposal, release or threatened release of any Hazardous Materials, chemicals or wastes at the Property, the presence or absence of mold, spores, fungi, pollen or other botanical allergens at the Property, or any other cause of action based on any other state, local, or federal Environmental Laws, rule or regulation; provided, however, the foregoing release shall not operate to release any claim by Buyer against any person or entity other than those described in this section. Buyer acknowledges and agrees that the foregoing waiver, release and discharge includes all claims and matters which are unknown to Buyer as of the Effective Date and the Closing. Buyer hereby specifically waives the provisions of section 1542 of the California Civil Code (“Section 1542”) and any similar law of any other state, territory or jurisdiction. Section 1542 provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE - 9 - DRAFT 7/23/21 MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. ________________ Buyer’s Initials 7. REMEDIES. In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Buyer reserves the right to either (a) seek specific performance from Seller or (b) to do any of the following: (i) to waive in writing the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller, whereupon Seller shall cause Escrow Holder to return to Buyer any and all sums placed into the Escrow by Buyer, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither party shall have any further obligations or liabilities hereunder. IN THE EVENT OF A BREACH OR DEFAULT HEREUNDER BY BUYER AND THE CLOSING DOES NOT OCCUR DUE TO SUCH DEFAULT, SELLER’S SOLE REMEDY SHALL BE TO RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IN SUCH INSTANCE, THE DEPOSIT REPRESENTS A REASONABLE APPROXIMATION OF SELLER’S DAMAGES AND IS NOT INTENDED AS A FORFEITURE OR PENALTY BUT RATHER AN ENFORCEABLE LIQUIDATED DAMAGES PROVISION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, ET SEQ. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY’S BREACH OF THIS AGREEMENT. Buyer’s Initials Seller’s Initials 8. BROKERS. Seller represents that they have retained a real estate broker in relation to the sale of the Property and negotiation of this Agreement. Buyer represents that no real estate broker has been retained by Buyer in the procurement of the Property or negotiation of this Agreement. Seller shall indemnify, hold harmless and defend Buyer from any and all claims, actions and liability and any commission, finder’s fee, or similar charges from Seller’s broker, and its respective employees, agents, consultants and contractors. 9. ASSIGNMENT. Absent an express signed written agreement between the Parties to the contrary, neither Seller nor Buyer may assign its rights or delegate its duties under this Agreement without the express written consent of the other. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. Formatted: Indent: First line: 0" Commented [1]: This provision is still being negotiated. - 10 - DRAFT 7/23/21 10. ENVIRONMENTAL INDEMNITY. 10.1. In general. ToExcept as provided below or released above in Section 6.2, to the fullest extent allowed by law, Seller agrees to unconditionally and fully indemnify, protect, defend (with counsel satisfactory to Buyer), and hold Buyer, and its respective elected and appointed officers, officials, employees, agents, consultants, contractors harmless from and against any and all claims (including without limitation third party claims for personal injury, real or personal property damage, or damages to natural resources), actions, administrative proceedings (including without limitation both formal and informal proceedings), judgments, damages, punitive damages, penalties, fines, costs (including without limitation any and all costs relating to investigation, assessment, analysis or clean-up of the Property), liabilities (including without limitation sums paid in settlements of claims), interest, or losses, including reasonable attorneys’ and paralegals’ fees and expenses (including without limitation any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), together with all other costs and expenses of any kind or nature (collectively, the “Costs”) that arise directly or indirectly from or in connection with the presence, suspected presence, release, or suspected release, of any Hazardous Materials in, on or under the Property or in or into the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under or within the Property, or any portion thereof, as of or prior to the Close of Escrow, except those Costs that arise solely as a result of actions by Buyer, or Buyer’s agents, employees, or contractors. The indemnification provided pursuant to this Section 10 shall specifically apply to and include claims or actions brought by or on behalf of employees of Seller or any of its predecessors in interest and Seller hereby expressly waives any immunity to which Seller may otherwise be entitled under any industrial or worker’s compensation laws. In the event the Buyer suffers or incurs any Costs, Seller shall pay to Buyer the total of all such Costs suffered or incurred by Buyer upon demand therefore by Buyer. The indemnification provided pursuant to this Section shall include, without limitation, all loss or damage sustained by the Buyer due to any non-excepted Hazardous Materials: (a) that are present or suspected by a governmental agency having jurisdiction to be present in the Property or in the air, soil, soil gas, groundwater, or surface water at, on, about, above, under, or within the Property (or any portion thereof) or to have emanated from the Property, as of or prior to the Close of Escrow, or (b) that migrate, flow, percolate, diffuse, or in any way move onto, into, or under the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under, or within the Property (or any portion thereof) after the date of this Agreement as a result of Buyer’s Seller’s Buyer’s or its predecessors’ activities on the Property, or those of Buyer’s Seller’s Buyer’s agents, employees, or contractors, prior to the Close of Escrow. The provisions of this Section 10 shall survive the termination of this Agreement and the Close of Escrow. 10.2. Indemnity Exceptions. The foregoing indemnity will not apply to: (1) the presence or release of any Hazardous Materials or similar environmental condition that has been actually discovered, should have been discovered through the exercise of reasonable diligence, or disclosed during the Due Diligence Contingency Period and Buyer elects to proceed with the purchase following the expiration of the Due Diligence Contingency Period; or (2) specifically the presence of any asbestos, asbestos containing materials, or mold in the existing improvements . Seller has no knowledge concerning the presence of asbestos, asbestos containing materials, or mold in the existing improvements and makes no representation or warranty on those subjects. If Buyer proceeds with the purchase of the Property following the expiration of the Due Diligence Commented [2]: This provision is still being negotiated. - 11 - DRAFT 7/23/21 Contingency Period, it will be Buyer’s sole responsibility and cost to abate or remove any asbestos, asbestos containing materials, or mold. 11. HAZARDOUS MATERIALS; DEFINITIONS. 11.1 Hazardous Materials. As used in this Agreement, “Hazardous Materials” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, infectious waste”, toxic substance”, toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “Hazardous Materials” shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable as fuel, perchlorate, and methyl tert butyl ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws. 11.2 Environmental Laws. As used in this Agreement, “Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations or directives, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal. Health and Safety Code, Section 25300 et seq.). 12. MISCELLANEOUS. 12.1 Attorneys’ Fees. If any party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and - 12 - DRAFT 7/23/21 costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing party” shall mean the party determined by the court to most nearly prevail and not necessarily the party in whose favor a judgment is rendered. 12.2 Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting party. 12.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 12.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 12.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 12.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof any cannot be amended or modified except by a written instrument executed and delivered by the parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any party is relying upon in entering this Agreement that are not fully expressed herein. 12.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 12.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either party desires or is required to give to the other party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the party’s address as set forth below: - 13 - DRAFT 7/23/21 To Seller: Camino Royale Investment Corporation Attn: Souresh Gandhi Somil Gandhi To Buyer: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager, Mike Futrell If to Escrow Holder: Chicago Title Company 333 Gellert Blvd, Suite 211 Daly City, California 94015 Attn: Jayson Yambao, Senior Escrow Officer Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any party may change its address by notice to the other party. Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 12.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 12.10 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 12.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 12.12 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 12.13 Waivers. Any waiver by any party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any party. Consent by any party to any act or omission by - 14 - DRAFT 7/23/21 another party shall not be construed to be consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 12.14 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 12.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between the Parties is effective, executed, or delivered, as of the Effective Date. 12.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 12.17 Possession. At Closing, Seller shall deliver sole and exclusive possession of the Property to Buyer. 12.18 Approvals. Whenever this Agreement calls for Buyer approval, consent, extension or waiver, the written approval, consent, or waiver of the Buyer’s City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the Buyer, without further authorization required from the Buyer’s City Council. Buyer hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce Buyer’s rights under this Agreement, and to waive requirements under this Agreement, on behalf of the Buyer. [SIGNATURES ON FOLLOWING PAGE] - 15 - DRAFT 7/23/21 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BUYER: CITY OF SOUTH SAN FRANCISCO By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: _______________________________ Sky Woodruff City Attorney SELLER: CAMINO ROYALE INVESTMENT CORPORATION, a California corporation By: _______________________________ Suresh Gandhi Its: ____________________ SOMIL GANDHI By: _______________________________ Somil Gandhi - 16 - DRAFT 7/23/21 Exhibit A LEGAL DESCRIPTION That real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: A portion of Lots 9 and "A" in Block 12, as shown on the map entitled "Rancho Buri-Buri, South San Francisco, California" filed in the Office of the Recorder of the County of San Mateo, State of California, on March 22, 1946, in Book 25 of Maps, at Pages 28, 29 and 30, more particularly described as follows: Beginning at a point on the Southwesterly line of Camaritas Avenue, as shown on the map entitled "Record of Survey, of Proposed Extension of Camaritas Avenue through Lot A of Map Entitled Rancho Buri-Buri", filed July 25, 1955, in Book 3 of Licensed Land Surveyors Maps at Page 56, San Mateo County Records with the Southeasterly line of the parcel described in the Deed to A. Friedman and wife, dated March 26, 1956, in Book 2999, Page 97, San Mateo County Records; thence from said point of beginning along said Southwesterly line of Camaritas Avenue South 62° 17' 30" East, 193.16 feet to a point on the Northerly line of the parcel described in the Deed to San Mateo County, recorded October 26, 1970, in Book 5850, Page 536, San Mateo County Records; thence along the exterior line of said San Mateo County parcel the following four (4) courses: 1) along the arc of a curve to the right, having a radius of 30.00 feet, through an angle of 90° 11' 50", an arc distance of 47.23 feet; 2) South 78° 36' 35" West, 112.33 feet to the Northeasterly line of the easement described in the Deed to the City of South San Francisco, recorded May 8, 1946, in Book 1270, Page 403, San Mateo County Records, 3) along said Northeasterly line South 56° 24' 00" East, 15.56 feet, and 4) South 78° 36' 35" West, 141.44 feet to a point on a line parallel with and 50.00 feet Southwesterly of the Northeasterly line of said Lot 9; thence along said parallel line North 56° 24' 00" West, 281.54 feet to the Southeasterly line of Arroyo Drive, as shown on said Map of Rancho Buri-Buri (25 M 28); thence along said Southeasterly line along the arc of a curve to the left, the center of which bears North 20° 45' 12" West, having a radius of 462.265 feet, through an angle of 12° 48' 38", an arc distance of 103.35 feet to the Southwesterly line of said parcel described in the Deed to A. Friedman and wife (2999 OR 97); thence leaving said Southeasterly line of Arroyo Drive, along said Southwesterly and Southeasterly lines of said A. Friedman and wife parcel South 56° 24' 00" East, 179.95 feet and North 27° 42' 30" East, 96.95 feet to the point of beginning. Said description shown above is pursuant to that certain Certificate of Compliance of Lot Line Adjustment recorded October 1, 2019, as Instrument No. 2019-081155, of Official Records. APN: 010-402-240 - 17 - DRAFT 7/23/21 EXHIBIT B Recording Requested by and When Recorded, Return to: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Exempt from Documentary Transfer Tax Per Rev. & Tax. Code § 11922 Governmental Agency acquiring title GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, as of _________________, 2021, Camino Royale Investment Corporation, a California corporation, and Somil Gandhi, __________________________, hereby grant to the City of South San Francisco, a California municipal corporation, all that real property located in the City of South San Francisco, County of San Mateo, State of California and more particularly described in Attachment No. 1 hereto and incorporated in this Grant Deed by this reference. CAMINO ROYALE INVESTMENT CORPORATION, a California corporation By: _______________________________ Suresh Gandhi Its: ____________________ SOMIL GANDHI By: _______________________________ Somil Gandhi - 18 - DRAFT 7/23/21 Attachment No. 1 to Grant Deed LEGAL DESCRIPTION That real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: A portion of Lots 9 and "A" in Block 12, as shown on the map entitled "Rancho Buri-Buri, South San Francisco, California" filed in the Office of the Recorder of the County of San Mateo, State of California, on March 22, 1946, in Book 25 of Maps, at Pages 28, 29 and 30, more particularly described as follows: Beginning at a point on the Southwesterly line of Camaritas Avenue, as shown on the map entitled "Record of Survey, of Proposed Extension of Camaritas Avenue through Lot A of Map Entitled Rancho Buri-Buri", filed July 25, 1955, in Book 3 of Licensed Land Surveyors Maps at Page 56, San Mateo County Records with the Southeasterly line of the parcel described in the Deed to A. Friedman and wife, dated March 26, 1956, in Book 2999, Page 97, San Mateo County Records; thence from said point of beginning along said Southwesterly line of Camaritas Avenue South 62° 17' 30" East, 193.16 feet to a point on the Northerly line of the parcel described in the Deed to San Mateo County, recorded October 26, 1970, in Book 5850, Page 536, San Mateo County Records; thence along the exterior line of said San Mateo County parcel the following four (4) courses: 1) along the arc of a curve to the right, having a radius of 30.00 feet, through an angle of 90° 11' 50", an arc distance of 47.23 feet; 2) South 78° 36' 35" West, 112.33 feet to the Northeasterly line of the easement described in the Deed to the City of South San Francisco, recorded May 8, 1946, in Book 1270, Page 403, San Mateo County Records, 3) along said Northeasterly line South 56° 24' 00" East, 15.56 feet, and 4) South 78° 36' 35" West, 141.44 feet to a point on a line parallel with and 50.00 feet Southwesterly of the Northeasterly line of said Lot 9; thence along said parallel line North 56° 24' 00" West, 281.54 feet to the Southeasterly line of Arroyo Drive, as shown on said Map of Rancho Buri-Buri (25 M 28); thence along said Southeasterly line along the arc of a curve to the left, the center of which bears North 20° 45' 12" West, having a radius of 462.265 feet, through an angle of 12° 48' 38", an arc distance of 103.35 feet to the Southwesterly line of said parcel described in the Deed to A. Friedman and wife (2999 OR 97); thence leaving said Southeasterly line of Arroyo Drive, along said Southwesterly and Southeasterly lines of said A. Friedman and wife parcel South 56° 24' 00" East, 179.95 feet and North 27° 42' 30" East, 96.95 feet to the point of beginning. Said description shown above is pursuant to that certain Certificate of Compliance of Lot Line Adjustment recorded October 1, 2019, as Instrument No. 2019-081155, of Official Records. APN: 010-402-240 - 19 - DRAFT 7/23/21 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated _________________, 2021 from Camino Royale Investment Corporation, a California corporation, and Somil Gandhi, ____________________, (“Grantor”), to the City of South San Francisco (“City”), is hereby accepted on behalf of the City by the undersigned officer or agent pursuant to authority conferred by resolution of the City Council adopted on __________________________, and that the City consents to recordation of the Grant Deed in the official records of San Mateo County by its duly authorized officer. Dated: _________________, 2021 CITY OF SOUTH SAN FRANCISCO By: ________________________________ - 20 - DRAFT 7/23/21 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of _____________ ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC - 21 - DRAFT 7/23/21 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ______________ ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 3844336.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-582 Agenda Date:7/28/2021 Version:1 Item #:8. Report regarding a resolution appointing directors to the Pooled Liability Assurance Network Joint Powers Authority on behalf of the City of South San Francisco.(Jason Wong, Deputy Finance Director) RECOMMENDATION It is recommended that the City Council of the City of South San Francisco adopt a resolution appointing directors to the Pooled Liability Assurance Network Joint Powers Authority on behalf of the City of South San Francisco. BACKGROUND/DISCUSSION The City of South San Francisco was a charter member of ABAG PLAN Corporation since 1986.ABAG PLAN served as the City’s general liability risk pool,and provided risk mitigation training services.On December 13,2017,the City Council adopted a resolution that approved creation of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA).On January 20,2018,the ABAG PLAN Board of Directors officially dissolved the ABAG PLAN Corporation. In recent years the City’s Finance Director has served as the City’s Risk Manager.Therefore,upon creation of the PLAN JPA,the Finance Director was designated as the representative on the PLAN JPA Board of Directors. When the Finance Director position became vacant in January 2019,the Human Resources Director assumed the role of Risk Manager,and Council adopted a resolution to appoint the Human Resources Director as the representative PLAN JPA Board Director. Since that time,the Finance Department’s management team has been fully staffed with the addition of a Deputy Finance Director.In consideration of operating efficiencies and the duties of the Risk Manager,staff is recommending that the Deputy Finance Director serve as the City’s Risk Manager.As such,staff recommends that the Council adopt the accompanying resolution to designate the Deputy Finance Director as the representative Director on the PLAN JPA Board of Directors,and the Human Resources Director and Finance Director as Alternatives. FISCAL IMPACT There is no fiscal impact associated with this resolution. RELATIONSHIP TO STRATEGIC PLAN The risk management function,including the City’s membership in the PLAN JPA,supports the strategic priority of fiscal sustainability. CONCLUSION Adoption of the accompanying resolution will ensure that the City of South San Francisco has representation on the PLAN JPA Board of Directors. City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-583 Agenda Date:7/28/2021 Version:1 Item #:8a. Resolution appointing directors to the Pooled Liability Assurance Network Joint Powers Authority on behalf of the City of South San Francisco. WHEREAS, the City of South San Francisco was a charter member of ABAG PLAN Corporation since 1986; and WHEREAS,ABAG PLAN served as the City’s general liability risk pool,and provided risk mitigation training services; and WHEREAS,on December 13,2017,the City Council adopted a resolution that approved creation of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA); and WHEREAS,on January 20,2018,the ABAG PLAN Board of Directors officially dissolved the ABAG PLAN Corporation; and WHEREAS,on January 23,2019,the City Council adopted a resolution that designated the Human Resources Director as the representative Director on the PLAN JPA Board of Directors,and the Assistant City Manager as the Alternate. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby designate the Deputy Finance Director as the representative Director on the PLAN JPA Board of Directors,and the Human Resources Director and Finance Director as Alternates. ***** City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-480 Agenda Date:7/28/2021 Version:1 Item #:9. Report regarding a resolution approving a Public Art Agreement to design and purchase three art pieces which includes a vertical sculpture and two matching lawn elements by Ride Art Studio for a price of $464,000. (Philip Vitale, Deputy Director Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a Public Art Agreement to design and purchase three public art pieces which includes a vertical sculpture and two matching lawn pieces by Ride Art,LLC for a price of $464,000,to be installed at the South San Francisco Caltrain Station Plaza as recommended by the Caltrain Plaza Art Selection Committee.The $464,000 fee would be applied from Capital Improvement Program with sufficient funds was previously allocated to cover the project cost. BACKGROUND/DISCUSSION As part of the South San Francisco Caltrain Station Improvement project,a new pedestrian tunnel and half acre plaza will be built at the intersection of Grand Avenue and Airport Boulevard.As the cornerstone of a new transit hub in South San Francisco,this plaza is imagined to anchor the eastern end of historic downtown.The plaza,visible from Grand Avenue,will include a lawn,planting areas,an icon tree,lighting,and integrated seating.A prominent pathway will connect city sidewalks and adjacent properties to the station platform through a pedestrian tunnel. In November 2020,staff issued a nationwide request for artist proposals for public art for this project.Art opportunities included, but were not limited to: ·Tunnel gateway, wall and ceiling mural, mosaic, lighting, digital or video projection ·Plaza sculpture, free-standing or integrated into the landscaping ·Kinetic sculpture Proposals could include art elements at multiple locations within the site or one of the areas noted above.A maximum commission of up to $500,000 was offered.This opportunity was open to professional artists residing in the United States and working in any media appropriate for the site. The artist would be responsible for artwork design,fabrication,materials,installation,insurance,travel,public presentations,meetings with City of South San Francisco staff as necessary,identification plaque,and all related incidental expenses. Art themes and styles identified in the RFP included: ·Embody aspects of South San Francisco’s identity as it relates to heritage and culture ·Contemporary, innovative, interactive elements, engaging, placemaking ·Elevate the viewer’s awareness by stimulating curiosity, inspiration, reflection, opinion or feeling ·All artistic styles, abstract or representational, encouraged ·Work should be complimentary to the new transit center ·Work should be appropriate for this public place and complementary to the selected location ·Work should be enjoyed by all generations and by a diverse community,including residents,business City of South San Francisco Printed on 8/3/2021Page 1 of 3 powered by Legistar™ File #:21-480 Agenda Date:7/28/2021 Version:1 Item #:9. people, families, visitors and commuters ·Create a defined and aesthetic link between the new station plaza and Downtown ·By the January 5,2021 submission deadline,staff received sixteen entries from fifteen artists,including concepts for freestanding sculptures and murals. The ad hoc Caltrain Plaza Art Selection Committee (CPASC)was formed in late December,2020,and was composed of seven members appointed by the Mayor.Members included Mayor Mark Addiego,City Councilmember Flor Nicolas,Cultural Arts Commissioners Peter Foley and Ryan Campagna,and community members Karyl Matsumoto,Katie Deleuw,and Madeline Banfield.Over the course of three months and six meetings, the CPASC evaluated and rated all sixteen proposals based on the following criteria: Artistic Excellence,Innovation and Originality (25 Points):The artist’s work reflects artistic excellence, innovation and originality,as evidenced by professional quality of craftsmanship and mastery of skills, techniques;professional approaches to processes and presentation,and/or communicate a unique vision or perspective. Project Goals (20 Points): The artist’s work is judged to be appropriate to the goals of the project. Availability (10 Points):The artist is available to participate in the design,approval and implementation of the project as required. Professional Experience (20 Points):The artist's professional experience is adequate to meet the demands of the project.Qualifying activities would include some combination of the following:education and training as an artist,an exhibition record in museums,commercial art galleries,and/or non-profit art spaces,previous public or private commissions;participation in artist-in-residency programs,or other related activities indicative of a professional art practice. Ability (10 Points):Assessed ability to meet project deadlines and to perform work in a timely and professional manner. Presentation (15 Points): Presentation of a concise and responsive proposal. Based on ratings and discussion,the CPASC identified five finalists to participate in interviews.The finalists were,Sirron Norris,Gorden Huether,Ride Art,Sijan Chen and WOWHAUS.An $800 stipend was provided to all five finalists for developing materials and participating in the interview process. The proposals of the five finalists were reviewed by a technical panel composed of Dave Bockhaus -Deputy Director of Public Works,Jason Hallare -Senior Engineer,Joshua Richardson -Parks Division Manager and Daniel Cunningham -Landscape Architect from SWA.Technical questions and comments were provided to each finalist in advance of the interviews.Responses to technical questions and comments were provided in writing and addressed during the interviews. Interviews were conducted via zoom over two evenings,April 5th and April 8th.The CPASC ranked each of the five interviews providing pros, cons and miscellaneous notes. The CPASC met in person at the Grand Library Patio on May 8th for final deliberation based on interview rankings and technical panel comments.The CPASC identified the artist team of Ride Art as the preferred proposal to move forward with in contract negotiations and recommendation of award of contract.The Ride City of South San Francisco Printed on 8/3/2021Page 2 of 3 powered by Legistar™ File #:21-480 Agenda Date:7/28/2021 Version:1 Item #:9. proposal to move forward with in contract negotiations and recommendation of award of contract.The Ride Art proposal includes INSPIRE,a 25-foot-tall monumental kinetic sculpture that sits on a 19-foot diameter circular pedestal,and two gear benches,with a total price of $464,0000 including design,fabrication and delivery to the site. Information about the art pieces, budget and timeline is available in Attachment 2. Staff have reviewed and spoken with the artist team about each sculpture’s specifications,and believe the pieces are sufficiently durable for installation in the proposed locations.Installation can be completed competently by City staff members.The artist’s proposal includes structural engineering to confirm the size and specifications of the concrete footing and attachment method for each sculpture based on the sculpture weight and potential environmental conditions.As noted in the proposed Public Art Agreement between the City and Ride Art,the artist team is responsible for the cost of transportation of the art works to South San Francisco, and must be present at the time of installation.City staff will prepare the necessary pads,and will assist the artists with the installation. If the Council awards and approves the public art agreement,the art pieces will be designed over the coming months with installation timed to coincide with construction of the plaza portion of the overall Caltrain Station. The plaza will be constructed by Fairfield Properties in coordination with the portion of the plaza Fairfield is constructing. Anticipated installation is Fall 2022. Maintenance is required for all public art,which varies by piece depending upon the materials and age of the pieces,but at the very least includes periodic cleaning and touch-up.Staff is not aware of any extraordinary maintenance issues presented by these sculptures.The cost of installation and future maintenance can be absorbed in the Parks and Recreation Department’s operating budget. FISCAL IMPACT This project is funded by the General Fund and included in the City of South San Francisco’s Fiscal Year 2021- 22 Capital Improvement Program for the Caltrain Plaza Public Art Project (Project No.pf2102)with sufficient funds allocated ($500,000) to cover the project cost. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan.It aligns with Priority #2,which is focused on enhancing quality of life by building and maintaining a sustainable city,making our city a great place to live, learn and play. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the City to execute a Public Art Agreement with Ride Art for design, fabrication and delivery of public art to the Caltrain Plaza. Attachment 1: Presentation Attachment 2: Artist Proposal City of South San Francisco Printed on 8/3/2021Page 3 of 3 powered by Legistar™ Caltrain Plaza Public Art Award of Contract July 28, 2021 Caltrain Public Art Selection Committee (CPASC) City Council (2) Mayor Mark Addiego Councilmember Buenaflor Nicolas Cultural Arts Commission (2) Commissioner Ryan Campagna Commissioner Peter Foley Community Members (3) Madeline Banfield Katie DeLeuw Karyl Matsumoto CPASC Meetings Meeting 1 - Introductions, Project Scope, Selection Process Meeting 2 - Proposal Review Check-in Meeting 3 - Proposal Rating Review, Identify Finalist Meetings 4/5 - Artist Interviews, Reference & Technical Review Meeting 6 - Deliberation Meeting 7 - Recommended Award of Commission Public Art Scope ●$500,000 Budget ●Single or multiple pieces within the plaza and/or tunnel ●Design, Fabrication and Installation Theme: Embody aspects of South San Francisco’s identity as it relates to heritage and culture. Request for Proposals Proposal Period: November 15, 2020 to January 5, 2021 Online Views: 300+ Packet Downloads: 65 Proposals Submitted:16 Proposal Rating Criteria 1. Artistic Excellence, Innovation and Originality (25 Points) 2. Project Goals (20 Points) 3. Availability (10 Points) 4. Professional Experience (20 Points) 5. Ability (10 Points) 6. Presentation (15 Points) Maximum Award: 100 Points Artists Interviewed Sirron Norris Ride Art Gordon Huether WOWHAUS Sijia Chen Studio “INSPIRE” a Kinetic Wind Sculpture & Two Gear Benches Ride Art, LLC. ●Berkeley Based Design Team ●Designed & Installed 17 projects over 10 years ●Excellent References Selected Artist: Ride Art Conceptual Design “INSPIRE”Gear Benches Ride Art Scope Design, Engineering, Fabrication & Delivery to Site Fee $464,000 Timeline Design and Engineering Summer - Fall 21 Fabrication Fall 21 - Summer 22 Site Prep & Installation Fall 22 Thank You RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com EXHIBIT A DESCRIPTION: INSPIRE is a 25 feet tall monumental kinetic wind sculpture that sits on a 19 feet diameter circular pedestal. Upper two Mobius circles move with the wind on its own tilted axis as well as move as a unit in either directions. It is fabricated all in stainless steel and two Mobius circles are powder coated. Internal LED lights in the two base pillars will illuminate at night. SITE: INSPIRE will be installed in the northwest corner of open area near the corner of Grand Avenue and Airport Blvd. within the Caltrain station west plaza in South San Francisco, CA RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com NARRATIVE: We want to showcase SSF’s diverse and dynamic community and create an iconic sculpture that symbolizes the birthplace of biotechnology as well as highlight its reputation as “the industrial city.” South San Francisco is a city where new discoveries lead to innovation and growth. We want to celebrate this innovative thinking as seen in the ever-changing field of biotechnology and reflected in the city’s forward-thinking approach that is “always ready for challenges and a transformative beginning.” Using a visual reference of a DNA strand and a water molecule, building blocks of life, it tells the story of how South San Francisco has always been at the forefront of research and development in the field of biotechnology, inspiring and leading us into the future. Our vision is to create a monumental artwork that harmonizes with the overall design of the new Caltrain plaza and downtown redevelopment. It will revitalize the city and bring a fresh urban lifestyle feel to Grand Avenue. Our sculpture will stimulate curiosity and become a landmark signature piece, welcoming and greeting people coming from the Caltrain station, Hwy 101 and Grand Avenue. SYMBOLISM: The twisted base pillars represent (but not too obviously) a DNA strand spiraling upwards to embrace a representation of a single water molecule. The large open circles can be seen to depict two hydrogen atoms connected to a small central sphere (an oxygen atom) resulting in a covalent bond angle between the hydrogen atoms of 104.5˚, which is a bond angle that is specific to a water molecule. The movement created by the wind can be seen as the intertwining and weaving of a diverse and ever active community that is the hallmark of this vibrant city. The image of three connected gears on the large circular base symbolizes the “Industrial City”, by which South San Francisco is also known. The gears also give the illusion of turning the sculpture above. Blue represents water, the bay and the ocean. Yellow represents energy from the sun. The gear benches celebrate the role industry has played in South San Francisco. To emphasize water as a building block of life, the gears will be arranged in the shape of water molecules and will be colored in shades of blue. The center of each gear shape will be closed with frosted tempered glass (or Lexan) and will be illuminated by LED lighting at night, inviting people to sit, climb, and walk on top of them. These benches will complement our proposed sculpture as well as create a visual harmony with the blue tiled wall that stretches through the tunnel like a flowing river. RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com DIMENSIONS: NIGHT VIEW: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com MATERIALS: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com Installation: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com We oversee all aspects of the installation of our sculptures. In advance of the installation, we will coordinate with the site contractors to prepare the footings and supply j-bolt placement templates. This will include coordinating placement of electrical conduit and junction boxes where necessary. The sculpture will be fabricated in our studio and delivered to the site by flatbed truck. Individual elements will be lifted into place with an overhead crane and bolted in place. Electrical contractors will connect all electrical elements. Preliminary Timeline Descriptions Duration Months Contract Execution 1 month July - '21 Final Design Proposal 1 month October - '21 Schematic / Mechanical / Structural Drawing 1 month December - '21 Fabrication 6 – 8 months Spring - '22 Site Preparation 1 month Summer- '22 Installation 1-2 days Summer - '22 Preliminary Budget 5/23/21 Descriptions Total Materials $105,000.00 Design Fee $50,000.00 Licenses and Permits $200.00 Professional Fees $17,300.00 Insurance $6,500.00 Subcontractors $23,000.00 Fabrication $140,000.00 Site Preparation Site preparation done by the city Transportation $4,000.00 Installation (Artists time and labor only) $8,000.00 Overhead Expenses $35,000.00 Artists' Fee $75,000.00 Total: $464,000.00 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-481 Agenda Date:7/28/2021 Version:1 Item #:9a. Resolution approving a Public Art Agreement with Ride Art,LLC of Berkeley,California for the Caltrain Public Art Installation (Project No.pf2102)in an amount not to exceed $464,000,and authorizing the City Manager to execute the agreement. WHEREAS,in November 2020,City staff issued a nationwide Call for Entries for public art to be installed at the South San Francisco Caltrain Plaza; and WHEREAS, staff received 16 proposals from 15 artists by the January 5, 2021, submission deadline; and WHEREAS,at the May 8.2021,meeting of the Caltrain Plaza Art Selection Committee,the Committee voted in favor of recommending to City Council for approval the design,installation and purchase of the Inspire Sculpture and Gear Benches by Ride Art,LLC,and other related work,for a total contract amount of $464,000; and WHEREAS,the City and Ride Art have negotiated a Public Art Agreement to memorialize the terms of the work proposal and other related requirements; and WHEREAS,the project is included in the City of South San Francisco's Fiscal Year 2020-21 Capital Improvement Program as the Caltrain Plaza Public Art Project (Project No.pf2102),with sufficient funding appropriate to cover its costs. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the Public Art Agreement between the City and Ride Art,LLC for the design, purchase,installation and other related work by Ride Art regarding artworks for the Caltrain Plaza Project,in the amount of $464,000, attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City in substantially the same form as Exhibit A,upon timely submission by Ride Art,LLC of the signed contract and all other documents,subject to approval as to form by the City Attorney,and take all other actions consistent with the intent of this Resolution that do not materially alter or increase the City’s obligations under the agreement. ***** City of South San Francisco Printed on 8/3/2021Page 1 of 1 powered by Legistar™ 1 CITY OF SOUTH SAN FRANCISCO PUBLIC ART AGREEMENT FOR CALTRAIN PLAZA THIS AGREEMENT is made this day of , 2021 by and between the City of South San Francisco, California, hereinafter called “City,” and Ride Art, LLC, hereinafter called “Artist” (hereinafter collectively called “Parties”). WHEREAS, the City of South San Francisco solicited proposals for a Work of public art (hereinafter called “Work”) to be located at the Caltrain Plaza in South San Francisco (hereinafter called “Site”); and WHEREAS, the Artist submitted a proposal for the Work pursuant to the City’s request for proposals; and WHEREAS, the Artist was selected by the City to design, execute, fabricate and install the Work at the Site; and WHEREAS, the City and the Artist desire to set forth the terms upon which the Artist will produce and install the Work for the City. NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: ARTICLE I. SCOPE OF SERVICES A. General 1. The Artist shall design, execute, fabricate, install and document the Work as described in Exhibit A attached hereto and incorporated herein by reference. The specifications of the Work are as follows: Title: Inspire Dimensions: 25’ Height x 10’ Width Medium: Brushed Stainless Steel, Powdercoated Stainless Steel and Cast Concrete 2. The permanent location for the Work at the Site shall be as described on the map attached hereto as Exhibit B and incorporated herein by reference. The Artist shall design and construct the sculpture so that as installed it will be structurally safe and sound in compliance with all current State of California Building and Seismic Standards in accordance with the Uniform Building Code. 2 3. Subject to review and acceptance by the City, the Artist shall determine the artistic expression, scope, design, color, size, context and texture of the Work. 4. The Artist shall pay for actual, reasonable and necessary costs for transportation, meals and lodging for the Artist representative while traveling to and from the Site. B. EXECUTION OF THE WORK 1. The Artist shall complete the installation and fabrication of the Work in conformity with the specifications set forth in Article I, Section A, subsection 1 of this agreement and Exhibit A herein. 2. Prior to implementation of any changes in the Work, the Artist shall present to the City in writing, a detailed description of such proposed changes. The City shall have the right in its sole absolute discretion to approve or disapprove any changes suggested by the Artist. The Artist may implement changes only with the prior written approval of the City. 3. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof. The Artist shall submit such reports regarding the progress of the Work as the City may request. 4. In the design, execution, fabrication, installation and documentation of the Work, the Artist shall comply with all applicable federal, state and local laws, rules and regulations, including those pertaining to Worker’s Compensation insurance and employee liability insurance. 5. The Artist shall complete the fabrication and installation of the Work by within seven months of the date of the deposit hereinafter described (hereinafter called ‘Installation Date”). C. CITY OBLIGATIONS 1. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement. 2. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is reasonably required by the Artist in order to design, fabricate, and install the Work. 3. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations. 4. The City shall make timely efforts to prepare the Site for installation of the Work. The City shall take all reasonable measures to provide notice to the Artist of delays. In the event that the City fails to prepare the Site in accordance with this Agreement, or Artist is refused access to the Site as reasonably required, the Artist shall be excused from any delay 3 consequences, and the City shall be responsible for paying for reasonable storage costs. 5. The City shall be responsible for any landscaping, as necessary and agreed to by the City, to integrate the Artwork into the Site before and after its installation, in accordance with the specifications detailed in the approved design concept in Section I(A) of this Agreement. D. DELIVERY AND INSTALLATION 1. The Artist shall notify the City in writing when fabrication of the Work is completed, and the Artist is ready to deliver the Work and install it at the Site. 2. The Artist shall work with the City in the development of the plan for the site. 3. The Artist shall prepare the foundation design and engineering for review and approval by the City at no additional cost to the City. The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site foundation footing for the timely installation of the Work. The City shall waive all permit fees, license fees, and sales taxes. The Artist shall deliver and supervise the installation of the completed Work at the Site. Cost of installation shall be paid for by the City which shall include the use of a boom truck and related equipment. Cost of delivery shall be paid for by the Artist. 4. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. E. POST-INSTALLATION 1. The Artist shall furnish the City with a full written narrative description of the Work. 2. The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. 3. The City shall provide and install an identification plaque, which shall include the following information: Title: Artist: Material: Date: Copyright © F. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the Agreement (including those described in Article I, Section D) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The Artist releases claim to the Work 4 upon final acceptance. 2. The City shall notify the Artist in writing of its final acceptance of the Work. 3. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Agreement. 4. Title of ownership of the Work shall pass to the City upon final acceptance. G. RISK OF LOSS 1. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2. The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to design, fabrication, transportation and installation, in an amount acceptable and approved by the City’s Risk Manager. The City shall be shown as an additional insured for general liability. ARTICLE II. COMPENSATION A. PAYMENT SCHEDULE 1. The City shall pay the Artist a fixed fee of $464,000 which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. 2. The $464,000 fee shall be paid in the following phases with each installment except the Phase I installment to represent full and final payment for all services and materials provided for that phase: a. Phase I – Design (Materials, Design Fee, Licencing and Permits, Professional Fees, Design, Insurance, Subcontractors, 1/3 Artist Fee) $227,000 b. Phase 2 – Fabrication (Fabrication, 1/3 Artist Fee) $165,000 c. Phase 3 – Installation (Transportation, Overhead Expenses, 1/3 Artist's Fee) $72,000 3. For all other expenses for which the City is obligated, payment shall be made 30 days after receipt of written statement. B. FEE STATEMENTS In order to receive the payments described in clauses b. and c. above, the Artist shall submit an invoice to the City. 5 ARTICLE III. TIME OF PERFORMANCE A. CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B. FORCE MAJEURE Except for the City’s obligations to make payments following the Payment Schedule neither party shall be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, strike, lock-out, epidemic, pandemic, accident, fire, wind, catastrophic event or flood or because of any law, order, proclamation, regulation or ordinance of any government or of any subdivision thereof or because of any act of God or any other cause beyond the reasonable control of the party affected (“Force Majeure Event”); provided that the affected party shall have used its best efforts to avoid such condition and, provided further, that notice of such Force Majeure Event is given by the affected party to the other within five (5) days of said Force Majeure Event. Should one or both of the parties be prevented from fulfilling their contractual obligations because of a Force Majeure Event lasting continuously for a period of at least six (6) months, the parties shall consult with each other regarding the future implementation of this Agreement. The parties agree to use their best efforts to minimize any delays and/or losses, if any, resulting from such Force Majeure Event. C. ASSIGNMENT In the event of the serious illness or death of the Artist during the construction and/or the installation of the Work, his heirs, family and estate will in no way be responsible for the completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this Agreement. ARTICLE IV. WARRANTIES A. WARRANTIES OF TITLE 1. The Artist represents and warrants that: a. the Work is solely the result of the artistic and creative efforts of the Artist; b. except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and 6 c. the Work is free and clear of all liens from any source whatsoever. 2. The warranties described in this Section A shall survive for so long as the City or any successor of City owns the Work. B. WARRANTIES OF QUALITY AND CONDITION 1. The Artist represents and warrants that: a. The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of “inherent vice” or qualities which may cause or accelerate deterioration of the Work; and b. Reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section D, subsection 2. 2. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or re-fabrication of the Work). 3. The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. 4. After final acceptance of the Work by the City, the City shall hold the Artist harmless from any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B, subsection 1. ARTICLE V. OWNERSHIP OF WORK AND COPYRIGHT A. GENERAL The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce similar Works at any size. If the City should desire to place the Work in a location that is not shown on Exhibit B, the City shall first notify the Artist consistent with Section D herein as to the new location. If the Artist objects to the new location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in Article I, Section D, subsection 3 herein, and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. In the event of such a move, the City will preserve the Work as delivered by the Artist, allowing changes to the base as required by the new site, but no changes to the Work itself. The City agrees to consult with Artist in the event of such a move. 7 B. IDENTITY OF ARTIST The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other publications, provided that these rights are exercised in a tasteful and professional manner. All two-dimensional reproductions of the Work by the City shall contain a credit to the Artist substantially in the following form: By Ride Art, LLC C. NOTICES All notices required herein shall be in writing and served upon the parties as follows: Artist Ride Art, LLC 2410 Valley Street Berkeley, CA 94702 City City Clerk South San Francisco 400 Grand Avenue South San Francisco, CA 94080 All notices required herein shall be deemed served when mailed by First Class Mail, Certified Mail, postage prepaid, to each party’s last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address, which has not been served upon the other party, such party’s failure to notify shall be deemed a waiver of notice. ARTICLE VI. SUBSEQUENT EVENTS A. MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section D, subsection 2, and may take action reasonably designed to protect the Work against vandalism. B. REPAIRS AND RESTORATION 8 After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Beyond reasonable consultation to determine a course of corrective action, any action taken by the Artist at the request of the City will be subject to a cost to be decided in a new agreement between the parties. C. ALTERATION OF THE WORK The City will not consent to the intentional alteration, modifications or change to the Work. The City shall retain the right to sell or donate the Work to a third party. D. ALTERATION OF THE SITE The City shall notify the Artist of any proposed significant alterations of the Site. The Artist may at his sole expense request copies of plans detailing proposed alterations to the Site. If such alterations cannot be undertaken to the reasonable satisfaction of the Artist, he may request the public notice referred to in Article I, Section D, subsection 3, be removed and otherwise proceed in accordance with Article V, Section A. E. WAIVER OF RIGHTS With respect to the Work, Artist waives any and all claims, arising at any time against the City, its elected and appointed officials, officers, employees, agents, representatives, and Caltrans, that may be grounded in any federal law, including, without limitation, the Visual Artists Rights Act (17 U.S.C. §106A et seq.), California law, including, without limitation, the California Art Preservation Act (Cal. Civil Code §987 et seq.), or local law that may relate to the moral rights of the Artist or protection of the integrity of the Artwork. ARTICLE VII. INDEPENDENT CONTRACTOR The Artist performs this Agreement as an independent contractor and not as an agent of an employee of the City. The Artist shall maintain control; furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIII. ASSIGNMENT The work and services required of the Artist under this Agreement are personal and shall not be assigned, sublet or transferred. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist’s supervision. ARTICLE IX. INDEMNIFICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and 9 all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the City’s choice, or by anyone whomsoever, in any way resulting from or arising out of the Artist’s activities in connection with this Agreement, including acts of omissions of the Artist or persons acting under the Artist’s control. The City shall defend, release, indemnify and save and hold harmless the Artist against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the Artist from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the Artist's choice, or by anyone whomsoever, in any way resulting from or arising out of the City's activities in connection with this Agreement, including acts or omissions of the City or persons acting under the City's control. ARTICLE X. INSURANCE Prior to beginning the Work and continuing throughout the term of this Agreement, Artist (and any subcontractors) shall, at Artist’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Artist 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 Consultant, 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 with any City insurance shall be secondary and in excess to Artist’s insurance. If the Artist’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 certificates shall contain a statement of 10 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. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. ARTICLE XI. TERMINATION & MEDIATION A. TERMINATION 1. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty days (30) after receipt of the notice to cure the default. If the default is not cured within such time period, this Agreement shall terminate. 2. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property, provided that no right to fabricate or execute the Work shall pass to the City. 3. In the event of a default by the Artist, the Artist shall forfeit the right to any and all remaining payments due under this Agreement for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited edition rights as defined herein. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their disagreements and make every effort to affect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. If unable to agree, a mediator shall be appointed by the court. Costs will be equally divided. ARTICLE XII. MODIFICATION No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. ARTICLE XIII. CONFLICT OF LAW Any provision of this Agreement, which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the State of California shall be considered null and void. The valid provisions of this Agreement shall be severed from the 11 invalid provisions and remain in effect to the extent possible. ARTICLE XIV. GENERAL PROVISIONS A.GOVERNING LAW; VENUE California law shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of San Mateo, California. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. B.ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement of the Parties relating to the Work and the rights and obligations of the Parties arising under this Agreement, and supersedes any prior written or oral communication between the Parties relating to the Work. This Agreement may be executed by the Parties in counterparts, which together shall be considered one document, and may be executed with electronic signatures. ARTICLE XV. EFFECTIVE DATE The effective date of this Agreement shall be the date of approval by all parties hereto. ARTICLE XVI. COUNTERPARTS FOR SIGNATURE This contract may be executed in duplicate counterparts, each of which shall be deemed an original. Attest to: City of South San Francisco: City Clerk City Manager Approved as to Form: Artist: City Attorney Ride Art, LLC 3791030.1 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com EXHIBIT A DESCRIPTION: INSPIRE is a 25 feet tall monumental kinetic wind sculpture that sits on a 19 feet diameter circular pedestal. Upper two Mobius circles move with the wind on its own tilted axis as well as move as a unit in either directions. It is fabricated all in stainless steel and two Mobius circles are powder coated. Internal LED lights in the two base pillars will illuminate at night. SITE: INSPIRE will be installed in the northwest corner of open area near the corner of Grand Avenue and Airport Blvd. within the Caltrain station west plaza in South San Francisco, CA Exhibit A RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com NARRATIVE: We want to showcase SSF’s diverse and dynamic community and create an iconic sculpture that symbolizes the birthplace of biotechnology as well as highlight its reputation as “the industrial city.” South San Francisco is a city where new discoveries lead to innovation and growth. We want to celebrate this innovative thinking as seen in the ever-changing field of biotechnology and reflected in the city’s forward-thinking approach that is “always ready for challenges and a transformative beginning.” Using a visual reference of a DNA strand and a water molecule, building blocks of life, it tells the story of how South San Francisco has always been at the forefront of research and development in the field of biotechnology, inspiring and leading us into the future. Our vision is to create a monumental artwork that harmonizes with the overall design of the new Caltrain plaza and downtown redevelopment. It will revitalize the city and bring a fresh urban lifestyle feel to Grand Avenue. Our sculpture will stimulate curiosity and become a landmark signature piece, welcoming and greeting people coming from the Caltrain station, Hwy 101 and Grand Avenue. SYMBOLISM: The twisted base pillars represent (but not too obviously) a DNA strand spiraling upwards to embrace a representation of a single water molecule. The large open circles can be seen to depict two hydrogen atoms connected to a small central sphere (an oxygen atom) resulting in a covalent bond angle between the hydrogen atoms of 104.5˚, which is a bond angle that is specific to a water molecule. The movement created by the wind can be seen as the intertwining and weaving of a diverse and ever active community that is the hallmark of this vibrant city. The image of three connected gears on the large circular base symbolizes the “Industrial City”, by which South San Francisco is also known. The gears also give the illusion of turning the sculpture above. Blue represents water, the bay and the ocean. Yellow represents energy from the sun. The gear benches celebrate the role industry has played in South San Francisco. To emphasize water as a building block of life, the gears will be arranged in the shape of water molecules and will be colored in shades of blue. The center of each gear shape will be closed with frosted tempered glass (or Lexan) and will be illuminated by LED lighting at night, inviting people to sit, climb, and walk on top of them. These benches will complement our proposed sculpture as well as create a visual harmony with the blue tiled wall that stretches through the tunnel like a flowing river. RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com DIMENSIONS: NIGHT VIEW: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com MATERIALS: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com Installation: RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com We oversee all aspects of the installation of our sculptures. In advance of the installation, we will coordinate with the site contractors to prepare the footings and supply j-bolt placement templates. This will include coordinating placement of electrical conduit and junction boxes where necessary. The sculpture will be fabricated in our studio and delivered to the site by flatbed truck. Individual elements will be lifted into place with an overhead crane and bolted in place. Electrical contractors will connect all electrical elements. Preliminary Timeline Descriptions Duration Months Contract Execution 1 month July - '21 Final Design Proposal 1 month October - '21 Schematic / Mechanical / Structural Drawing 1 month December - '21 Fabrication 6 – 8 months Spring - '22 Site Preparation 1 month Summer- '22 Installation 1-2 days Summer - '22 Preliminary Budget 5/23/21 Descriptions Total Materials $105,000.00 Design Fee $50,000.00 Licenses and Permits $200.00 Professional Fees $17,300.00 Insurance $6,500.00 Subcontractors $23,000.00 Fabrication $140,000.00 Site Preparation Site preparation done by the city Transportation $4,000.00 Installation (Artists time and labor only) $8,000.00 Overhead Expenses $35,000.00 Artists' Fee $75,000.00 Total: $464,000.00 lawn Icon tree knoll Ground Floor retail Future SSF Work not in Scope bio filtration patio Bike parkingaccess drive Feature tile wall 15 25 35 45 16 25 16 10 Exhibit B City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-579 Agenda Date:7/28/2021 Version:1 Item #:10. 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 7/29/2021Page 1 of 3 powered by Legistar™ File #:21-579 Agenda Date:7/28/2021 Version:1 Item #:10. 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,with only a handful of trees remaining that are of no hazard to trail users.In each work area,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. Currently all trails are clear of hazardous trees,with only the Iris Trail remaining closed due to trail conditions. The Iris Trail has steps that need to be repaired,and staff are working on addressing that issue currently.Tree work has begun to shift focus on large dead stands that present a fuel load risk,and trees adjacent to residences on the hill in an effort to abate the impacted and hazardous trees for the dry season.The status of the trails on Sign Hill will be regularly updated,once the steps are repaired,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 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- City of South San Francisco Printed on 7/29/2021Page 2 of 3 powered by Legistar™ File #:21-579 Agenda Date:7/28/2021 Version:1 Item #:10. Acacia Environmental Construction completed the erosion control work in early February 2021.The hydro- seeding that was installed has become established,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. City of South San Francisco Printed on 7/29/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-580 Agenda Date:7/28/2021 Version:1 Item #:10a. 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 City of South San Francisco Printed on 7/29/2021Page 1 of 3 powered by Legistar™ File #:21-580 Agenda Date:7/28/2021 Version:1 Item #:10a. areas on Sign Hill; and 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 City of South San Francisco Printed on 7/29/2021Page 2 of 3 powered by Legistar™ File #:21-580 Agenda Date:7/28/2021 Version:1 Item #:10a. 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 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. ***** City of South San Francisco Printed on 7/29/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-576 Agenda Date:7/28/2021 Version:1 Item #:11. Report regarding a resolution to approve proposed amendments to the Master Fee Schedule for Fiscal Year 2021-2022 (Heather Enders, Management Analyst II) RECOMMENDATION Staff recommends that the City Council of South San Francisco adopt a resolution to approve proposed updates to the City of South San Francisco Fiscal Year (FY) 2021-22 Master Fee Schedule. BACKGROUND/DISCUSSION Under state law,public agencies are permitted to recover the costs associated with providing certain services considered to be a “personal choice”or “user fees.”All fees on the Master Fee Schedule are for services that are considered user fees. Services provided by the City which are discretionary in nature and benefit a specific user rather than the entire community are typically funded in whole,or in part,by user fees.General Fund tax dollars then subsidize any amount not covered by user fees.Such services are provided to a specific customer for their singular benefit. Some examples of these types of services are building permits or recreation classes.By law,most user fees may not exceed the estimated reasonable cost of the service for which they are collected. Best practices are to complete a user fee study roughly every five years.The last comprehensive user fee study adopted by Council was in FY 2016-17.On August 28,2019,City Council passed resolution number 113-2019 approving a contract with Matrix Consulting Group to conduct a comprehensive user fee analysis.The goal of the contract was to study the actual cost of delivering fee-related City services,of which the largest component is labor costs.From there,it would allow the City to update the overall fee schedule to align with the data. However,in March 2020,South San Francisco,like so many businesses worldwide,had to adjust its business practices quickly as the pandemic gripped the country.Given the paradigm shift on City operations,as well as the number of programs that were forced to shutter,much of the assumptions related to labor costs are no longer valid.As a result,staff intends to return to Council next year to seek approval to conduct an updated user fee study that will take into account a “post-COVID” business reality. In the interim years between comprehensive user studies,the Master Fee Schedule is typically updated annually by the Consumer Price Index (CPI).Staff did not seek an update or increase to the fees for FY 2020-21 in consideration of the deep economic impacts of the pandemic on the community.As we enter FY 2021-22,staff recommends that the City Council adjust the Master Fee Schedule across the board by up to 2%.In addition,as described further below,we are asking that Council approve a limited number of necessary changes that were identified during the prior year study.The proposed FY 2021-22 Master Fee Schedule is provided in Attachment 1. Summary of Proposed Changes The proposed FY 2021-22 Master Fee Schedule largely reflects a 2%across the board increase to most fees. Some fees remain the same due to state mandates and some fees have been rounded up or down to the nearest dollar. The following highlights the notable Master Fee changes: City of South San Francisco Printed on 7/29/2021Page 1 of 3 powered by Legistar™ File #:21-576 Agenda Date:7/28/2021 Version:1 Item #:11. Parks and Recreation Fees The Parks and Recreation Commission met on June 15,2021 and provided input on proposed changes to the Parks and Rec fees.Those recommendations are reflected in Attachment 1.Many,but not all,Parks and Recreation fees were increased by up to 2%. Library Fees The attached proposed Master Fee Schedule eliminates overdue fines for adult borrowers.Per an article published by the National League of Cities’Katherine Carter (Senior Program Specialist)and Denise Belser (Program Director),“Research shows that communities of color are more likely to be impacted by unpaid library fees and are grappling with a higher percentage of suspended library cards.”Further,library late fines often disproportionately affect income insecure residents,as late fees often become insurmountable.By eliminating overdue fines,South San Francisco would be aligned to other libraries in the Peninsula Library System,including Burlingame,Redwood City,and San Mateo County,which have recently eliminated such fines. Overdue library fees account for a very small fraction of the Library’s operating budget;money would continue to be collected for lost materials. Incentives to return materials to the library would remain in place. The South San Francisco Library Board of Trustees met on August 25,2020,and again on April 27,2021,to approve and re-affirm their support of the elimination of overdue fines for adult borrowers.During the stay-at- home orders,late fees for adult borrowers were waived.Since the libraries re-opened in May 2021,overdue fees have started to be collected on late materials.Staff supports the elimination of overdue fines for adult borrowers. (NEW) Housing Fees The housing division is responsible for managing the City’s affordable housing program,which includes creating affordable housing units,regulating the housing program,and monitoring compliance with City regulations.The City currently does not have fees associated with housing program services.The proposed new fees (reflected in Attachment 1 as fees H1-H19)will cover staff time to manage the program related to development applications,initial sale or lease of BMR units,BMR monitoring,and real estate transactions of affordable units in the City. (NEW) Planning Fees PL51 is a proposed new flat fee to cover Planning staff review of Single-Family new home or remodel submittals. PL52 is a proposed new percentage-based fee to cover Planning staff review of multifamily and commercial projects. PL53 is a proposed new percentage-based fee for the ongoing construction coordination of complicated multifamily and commercial projects which require the use of outsourced consultants. The Construction Coordination Committee is led by a consultant and manages all active building permits.Total cost of the consultant annually for proposed fee PL53 is approximately $100,000 and focuses on multi-family, commercial,and industrial projects.With building permit revenue annually assumed at about $3.7 million (commercial +residential)combined,100%cost recovery of this fee would require 3%of the Building Permit City of South San Francisco Printed on 7/29/2021Page 2 of 3 powered by Legistar™ File #:21-576 Agenda Date:7/28/2021 Version:1 Item #:11. Fee for a dedicated deposit account. The amounts of the new fees do not exceed a reasonable estimate of the costs of providing the associated services. FISCAL IMPACT The proposed Master Fee Schedule reflects a nominal change in overall fees taking into consideration that it was not modified for CPI increases in FY 2020-21 and proposes a modest 2%CPI adjustment for the current year (FY 2021-22).For perspective,the CPI increase for All Urban Consumers in the San Francisco -Oakland - Hayward area from April 2020 to April 2021 was 3.8%. To the extent the fees charged do not fully recover the actual cost for services means that the General Fund subsidizes the activity.Staff expects to undertake a full user fee study in calendar year 2022 that allows a comprehensive understanding of the cost recovery of the services provided by the City. RELATIONSHIP TO STRATEGIC PLAN As part of an ongoing strategic initiative to improve the fiscal sustainability of the City of South San Francisco, the proposed Master Fee Schedule aligns with Priority Area 3. CONCLUSION If approved as proposed,the increases to existing and the new fees for development-related services (planning applications and building permits)will go into effect 60 days after approval on September 13,2021.The other fees go into effect immediately. City of South San Francisco Printed on 7/29/2021Page 3 of 3 powered by Legistar™ &,7<2)6287+6$1)5$1&,6&2 ),6&$/<($5 352326('0$67(5)((6&+('8/( Members of the City Council 0DUN$GGLHJR0DUN1DJDOHV Mayor Vice Mayor -DPHV&ROHPDQ(GGLH)ORUHV )ORU1LFRODV City Officials 0LNH)XWUHOO City Manager 5RVD$FRVWD 6N\:RRGUXII )UDQN5LVVR City Clerk City Attorney City Treasurer $WWDFKPHQW CITYCLERK FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Agendas,Transcripts,Administrative Codes CC1 Agendas:CityCouncil Annually [6] $42 $43 CC2 SuccessorAgency Annually $37 $38 CC3 OversightBoardoranyotherlegislativebody Annually $37 $38 CC4 Transcripts FolioRate [7] ActualCost ActualCost AdditionalCopies PerPage [7] $0.10 $0.10 SubpoenaProcessingFees CC5 Complyingwitheachsubpoenaanddelivering recordstoattorney,attorney'srepresentative,or depositionofficer PerHr/Per Person [1] $16 $16 CC6 Clericalcostsincurredinlocatingandmaking recordsavailable PerHr/Per Person [4] $26 $27 CC7 Standardreproductionofdocuments81/2x14 inchesorless PerPage [5,7] $0.10 $0.10 CC8 Standardreproductionoflargersizedocuments PerPage [7] $0.20 $0.20 CC9 DailycostforanonͲpublicsafetyemployee requiredtoremaininattendancepursuanttoa subpoena PerDay [8] $158 $161 CC10 Dailycostforapublicsafetyemployeerequired toremaininattendancepursuanttoasubpoena PerDay [8] $291 $275 PoliceͲSworn PerDay [8] $291 $275 Fire PerDay [8] $291 $275 CC11 Dailycostforacustodianofrecordstoappearto describerecords PerDay [8] $158 $161 CC12 Dailycostforpublicsafetycustodianofrecordsto appeartodescriberecords PerDay $291 $297 PoliceͲSworn PerDay [8] $291 $297 Fire PerDay [8] $291 $297 OtherFees CC13 CampaignDisclosureStatements(FPPC)PerPage [9] $0.10 $0.10 CC14 CandidateStatements Deposit [2] $1,035 $1,056 CC15 CandidatesElectionManual (fornonͲcandidates,personswhofailtofile nominationpapers,orwithdrawcandidacy)Flat [7] NoCharge NoCharge CC16 DuplicationofVideotapesontoDVDs/CDs Flat $57 $58 CC17 PreparingProofofResidenceLettersor NotarizingProofofLivingDocuments Flat $9.00 $9 CC18 Postage Flat ActualCost ActualCost CC19 DuplicationofCouncilmeetingaudiofiletoCD PerCD $20 $20 CC20 CopyofCD/DVD Externalfile PerCD $13 $13 NonͲexistingfile PerCD $20 $20 CityClerkMeeting PerCD $28 $29 CityͲWideReproductionofPrinted Matter CC21 Blueprinting: BlueLinecopies Pers.f. [7] ActualCost ActualCost SepiaLinecopies($4minimum)Pers.f. [7] ActualCost ActualCost 1 CITYCLERK FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 CC22 Photocopyingofallitemsnototherwiselistedin thisMasterFeeSchedule PerPage [3,5,7] $0.10 $0.10 CC24 Publishedmaterialsforwhichthereisastated cost.Flat [7] ActualCost ActualCost CC25 HourlyRate: CityClerk $113 $115 [Notes] [1],[2],[3]SourcedfromclientprovidedPDF"FY16Ͳ17 [4] Thisfeedoesnotincludechargesfortimespent byCitystaffgatheringCityrecordsunderthe PublicRecordsAct.Rather,itchargesfortime spentcompilingandgatheringdataandputtingit intoanotherformatrequestedbyamemberof thepublic,whichisnotcoveredunderthePublic RecordsAct.Notethatrequestsforanalysisor compilationofCitydataarediscretionary requests,andaredependentonstaffavailability andtimeconstraints. [5]PerPublicRecordsAct($.10perpage).Tencents ($0.10)perpageforstandard [6]Agendasthatareemailedhavenocharge. [7] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [8]Maximumdailycost. [9] SetbyGovernmentCode81008at$0.10 perpage CITYMANAGER FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 CM1 FilmPermit PerPermit [1]$573 $584 [Notes] [1] SourcedfromclientprovidedPDF"FY16Ͳ17 MasterFeeSchedule" 2 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PlanningDivision PublicHearingCases PL1 PlannedUnitDevelopment Deposit [5] $9,844 $10,041 PL2 PrecisePlan Deposit [5] $9,844 $10,041 PL3 PrecisePlanModification(ResidentialOnly)Deposit [5] $6,391 $6,519 PL4 ConditionalUsePermit: ResidentialorCivicUse Per Application [5] $3,461 $3,530 AllOthers Per Application [5] $4,488 $4,578 PL5 ConditionalUsePermitModification Flat [1,5] $2,333 $2,380 PL6 TemporaryUsePermit PerPermit [5] $1,647 $1,680 PL7 MinorUsePermit Residential PerPermit [5] $1,900 $1,938 AllOthers PerPermit $1,725 $1,760 SmallCell PL7A MasterLicensingAgreement(MLA)Deposit Deposit $4,140 $4,223 forCityͲownedpolesorstructures UsePermit Deposit $4,347 $4,434 ForprivatelyͲownedpolesorstructures AdministrativeDeposit perpole $983 $1,003 AttachmentFee/AnnualRent perpole $1,553 $1,584 PL8 ZoningAmendment(Text) Deposit $8,625 $8,798 PL9 RezoningMap Deposit $8,625 $8,798 PL10 SiteClearance/ZoningVerification PerVerification $173 $176 PL11 SpecificPlan Deposit [5] $21,074 $21,495 PL12 Variance Foreach variance $4,312 $4,398 PL13 GeneralPlanAmendments Deposit [5] $9,841 $10,038 PL14 MasterPlan Deposit [5] $20,898 $21,316 3 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PlanningDivision PL15 DevelopmentAgreement Deposit [5] $18,422 $18,790 PL16 AppealofthePlanningCommission'sDecisionto theCityCouncilby: Applicant Flat $1,725 $1,760 AdjacentPropertyOwner Flat $862 $879 CityResident Flat $1,725 $1,760 HomeownersAssociation Flat $1,725 $1,760 AllOthers Flat $1,725 $1,760 PL17 AppealoftheChiefPlanner'sdecisiontothe PlanningCommissionbyanyparty PerAppeal $862 $879 PL18 TimeExtensionͲNonͲConformingUse Per Extension $862 $879 PL19 TimeExtensionforaUsePermit,PlannedUnit DevelopmentPermit,NonͲConformingStatus Permit,andforallOtherPermitsandMaps PerExtension $862 $879 PL20 TransportationDemandManagementPlan: InitialFilingFee Deposit $1,208 $1,232 AnnualMonitoring(plussurveycost)Deposit $1,725 $1,760 TriͲannual Deposit [2] $1,725 $1,760 PL21 Modifications&Waivers Minor(StaffReview)Flat $259 $264 Major(PlanningCommissionReview)Deposit $1,725 $1,760 PL22 DesignReviewͲSigns: TypeA(upto25sq.ft.)PerApplication $173 $176 TypeB(upto100sq.ft.)PerApplication $862 $879 TypeC/MasterSign PerApplication $1,725 $1,760 PL23 DesignReviewͲSingleFamilyResidential/Newor Additionsto2or3Units PerApplication [5] $1,212 $1,236 PL24 DesignReviewͲMultiͲFamilyResidential/ Subdivisions4orMoreUnits/Modifications/ Additionsto4orMoreUnits PerApplication [5] $2,161 $2,204 PL25 DesignReviewͲCommercialandIndustrial PerApplication [5] $2,599 $2,651 PL26 DesignReviewͲProjectsRequiringPlanning CommissionApproval Deposit [5] $2,464 $2,513 PL27 DesignReviewͲResubmitted(after2reviewsby DesignReviewBoard)Flat [5] $2,509 $2,559 PL28 EnvironmentalDocumentFeesͲCategorical Exemption Flat $173 $176 PL29 EnvironmentalDocumentFeesͲInitialStudy, NegativeDeclaration,MitigatedNegative DeclarationandotherContractPlanningStudies Deposit [2] $5,175 $5,279 PL30 EnvironmentalDocumentFeesͲEnvironmental ImpactReport(EIR)Deposit [3] $10,349 $10,556 PL31 SubdivisionsͲTentativeSubdivisionMap Flat $862 $879 4 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PL32 SubdivisionsͲTentativeParcelMap Flat $173 $176 PL33 Documents,MapsandPlansͲReproductionof DocumentsandMaps PerPage RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule MiscellaneousFees PL34 MinorChangestoApprovedPermit Flat $173 $176 PL35 DatabaseMaintenanceFee PerBuilding Permit [4] $27 $28 PL36 InspectionFees:Additionalvisits PerInspectionPer Application $345 $352 PL37 CertificateofAlteration Each $1,725 $1,760 PL38 GeneralPlanMaintenanceFee [4] 0.16%ofBuildingPermit valuation>$100K 0.16%ofBuilding Permitvaluation> $100K PL39 CulturalArtsContribution/UnitLandscapingCost Persq.ft. [4] $8$8 PL40 CityAttorneyCostRecoveryFee Deposit [4] ActualCost* ActualCost* *Actualcostwith$2,000deposit;$5,000deposit forprojectsrequiringEnvironmentalImpact Reports,DevelopmentAgreements,SpecificPlan, PrecisePlanand/orGPA(InitialDepositͲany additionalcostsarerequiredtobereimbursedby theapplicant) [June22,2011;R85Ͳ2011] PL41 Economic&CommunityDevelopmentParking Exemption Each $1,725 $1,760 PL42 Economic&CommunityDevelopmentParking DistrictAnnexationFee Deposit $8,625 $8,798 PL43 LegalNotices,otherthanZoningorGeneralPlan Amendments Deposit $518 $528 PL44 LegalNoticesforZoningandGeneralPlan Amendments Deposit $518 $528 PL45 DuplicationofPlanningCommissionMeeting PerCopy RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule PL46 ZoningVerificationLetter Flat $862 $879 PL47 ZoningAdministratorDecision Flat $862 $879 PL48 CertificateofConvenienceandNecessity(taxi)Flat $173 $176 PL49 SidewalkDiningPermit(Annual)Flat $518 $528 PL50 HourlyRateͲPlanning Flat $173 $176 PL51 SingleFamilyResidential(NeworRemodel)Each *NewFee $606 PL52 MultiͲFamily/Commercial/Industrial(Newor TenantImprovement) PercentageofBuilding PermitFee *NewFee 5% PL53 ConstructionCoordinationforActiveBuilding Permits PercentageofBuilding PermitFee *NewFee 3% PL54 CreditCardTransactionfees PerTransaction 2.2%oftheamount2.2%oftheamount 5 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 [Notes] [1] Thegreaterof1/2theConditionalUsePermitfee or$400foreach [2] Consultantcosts,plus15%or$500,whicheveris greater. [3] Consultantcosts,plus15%or$1,000,whichever isgreater. [4] PlaceholderforMasterFeeSchedule(MFS);not includedincost [5] Includessupportcostsfromotherdepartments (PWͲEng,FireandPolice) ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ HOUSINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 DevelopmentApplicationIncludingAffordable Housing H1 Application(reviewBMRPlan) Each *NewFee $514 H2 AgreementPreparation Each *NewFee $579 H3 AgreementPreparationͲwithwaiveror Modification Each *NewFee $966 InitialSaleofForͲSaleBMRUnits H3 Lessthan10BMRunits Each *NewFee $282 H4 10Ͳ50BMRunits Each *NewFee $334 H5 Morethan50BMRunits Each *NewFee $462 H6 ConsultantCosts Each *NewFee ActualCost InitialLeaseUpofRentalBMRUnits H7 Lessthan10BMRunits Each *NewFee $282 H8 10Ͳ50BMRunits Each *NewFee $334 H9 Morethan50BMRunits Each *NewFee $462 H10 NonͲprofit,fullyͲaffordableproject Each *NewFee $128 H11 ConsultantCosts Each *NewFee ActualCost BMRMonitoring H12 Condos(perunit) Each *NewFee $51 H13 Rentals(perdevelopment) PerDevelopment *NewFee $166 Refinanceand/orSubordinationofAgreement orLoan H14 SingleFamilyorCondo Each *NewFee $322 H15 MultiͲFamily Each *NewFee $733 H16 PayoffDemand Each *NewFee $51 H17 ResaleAdministrationͲSingleFamily/Condo Each *NewFee $1,628 RealEstateTransactions H18 InitialConsiderationforPurchaseOffers Each *NewFee $847 TaxEquityandFiscalResponsibility H19 TEFRAHearing Each *NewFee $1,252 6 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 BuildingInspectionDivision InspectionsandReͲinspections Building,Plumbing,Electrical,and MechanicalforResidentialand Commercial BL1 InspectionsorReͲinspectionsOutsideNormal BusinessHours PerHour $112 $114 BL2 ReͲinspectionsDuringNormalBusinessHours PerHour $112 $114 BL3 BuildingInspection $0Ͳ$500 basefee@$500 $84 $86 $501 basefee@$500 $84 $86 eachadditional$100orfractionthereof eachadd'l$100 $2 $2.04 $2,001 basefee@$2,000 $112 $114 eachadditional$1,000orfractionthereof eachadd'l$1,000 $24 $24.48 $25,001 basefee@$25,000 $672 $685 eachadditional$1,000orfractionthereof eachadd'l$1,000 $27 $27.54 $50,001 basefee@$50,000 $1,342 $1,369 eachadditional$1,000orfractionthereof eachadd'l$1,000 $13.42 $13.69 $100,001 basefee@$100,000 $2,014 $2,054 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.39 $8.56 $500,001 basefee@$500,000 $5,371 $5,478 eachadditional$1,000orfractionthereof eachadd'l$1,000 $16.11 $16.43 $1,000,001 basefee@$1,000,000 $9,398 $9,586 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.68 $1.71 $3,000,001 basefee@$3,000,000 $16,781 $17,117 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.07 $2.11 $5,000,001 basefee@$5,000,000 $20,138 $20,541 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.89 $0.91 $10,000,001 basefee@$10,000,000 $24,613 $25,105 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.89 $0.91 $25,000,001 basefee@$25,000,000 $38,038 $38,799 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.45 $0.46 $50,000,001 basefee@$50,000,000 $49,226 $50,211 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.98 $1.00 BL4 BuildingPlanChecking(3PlanReviews)ͲExisting Residential $0Ͳ$500 basefee@$500 $28 $29 $501 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $1.86 $1.90 $2,001 basefee@$2,000 $54 $55 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.52 $8.69 7 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 $25,001 basefee@$25,000 $279 $285 eachadditional$1,000orfractionthereof eachadd'l$1,000 $11.19 $11.41 $50,001 basefee@$50,000 $493 $503 eachadditional$1,000orfractionthereof eachadd'l$1,000 $11.19 $11.41 $100,001 basefee@$100,000 $1,119 $1,141 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.59 $5.70 $500,001 basefee@$500,000 $3,357 $3,424 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.47 $4.56 $1,000,001 basefee@$1,000,000 $5,594 $5,706 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.59 $5.70 BL5 BuildingPlanChecking(3PlanReviews)ͲNew Residential&Commercial $0Ͳ$500 basefee@$500 $31 $32 $501 basefee@$500 $31 $32 eachadditional$100orfractionthereof eachadd'l$100 $1.86 $1.90 $2,001 basefee@$2,000 $70 $71 eachadditional$1,000orfractionthereof eachadd'l$1,000 $13.38 $13.65 $25,001 basefee@$25,000 $348 $355 eachadditional$1,000orfractionthereof eachadd'l$1,000 $15.66 $15.97 $50,001 basefee@$50,000 $562 $573 eachadditional$1,000orfractionthereof eachadd'l$1,000 $15.66 $15.97 $100,001 basefee@$100,000 $1,566 $1,597 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.91 $3.99 $500,001 basefee@$500,000 $3,133 $3,196 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.16 $7.30 $1,000,001 basefee@$1,000,000 $6,713 $6,847 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.24 $2.28 $3,000,001 basefee@$3,000,000 $11,187 $11,411 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.35 $3.42 $5,000,001 basefee@$5,000,000 $17,900 $18,258 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.35 $1.38 $10,000,001 basefee@$10,000,000$24,613 $25,105 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.60 $0.61 $25,000,001 basefee@$25,000,000$33,563 $34,234 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.18 $0.18 $50,000,001 basefee@$50,000,000$38,038 $38,799 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.77 $0.79 BL5.1 ExpeditedBuildingPlanCheckFee 35%of plancheckfee 35%of plancheckfee BL6 PermitProcessingͲInitialProjectInput,Fee Collection(IncludesExisiting/NewResidential& CommercialFees)$224 $228 BL6.1 PermitProcessingͲInitialProjectInput,Fee Collection(IncludesMechanical,Plumbingand ElectricalFees)$37 $38 BL7 PlanCheckingͲMechanicalandPlumbing (Includes3PlanReviews) $0Ͳ$500 basefee@$500 $28 $29 $500 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $11.19 $11.41 $1,000 basefee@$1,000 $56 $57 eachadditional$500orfractionthereof eachadd'l$500 $7.00 $7.14 $3,000 basefee@$3,000 $70 $71 eachadditional$500orfractionthereof eachadd'l$500 $20.98 $21 $5,000 basefee@$5,000 $112 $114 eachadditional$500orfractionthereof eachadd'l$500 $11.19 $11.41 $10,000 basefee@$10,000 $168 $171 eachadditional$500orfractionthereof eachadd'l$500 $16.78 $17.12 8 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 BL8 PlanCheckingͲElectrical(Includes3Plan Reviews) $500 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $11.19 $11.41 $1,000 basefee@$1,000 $56 $57 eachadditional$500orfractionthereof eachadd'l$500 $7.00 $7.14 $3,000 basefee@$3,000 $70 $71 eachadditional$500orfractionthereof eachadd'l$500 $20.98 $21.40 $5,000 basefee@$5,000 $112 $114 eachadditional$500orfractionthereof eachadd'l$500 $11.19 $11.41 $10,000 basefee@$10,000 $168 $171 eachadditional$500orfractionthereof eachadd'l$500 $16.78 $17.12 BL8.1 Title24EnergyPlanCheckSurcharge 25%of plancheckfee 25%of plancheckfee BL9 AdditionalPlanReviewRequiredbyChanges, additionsorrevisionstoapprovedplans PerHalfͲHour $56 $57 BL10 StateMandatedTrainingFeeCost PerPermit $8.00 $8 BL11 DigitalPlanRetention deletedmicrofilmingͲ sameasDPR $0.04perstandardpage. $1.01peroversizedpage. $0.05permicrofichescan. $0.04perstandard page. $1.03peroversized page. $0.05permicrofiche scan. BL12 RecordCopying Perpage RefertoCityClerk FeeSchedule RefertoCityClerk FeeSchedule BL13 CaliforniaAccessSpecialistProfessional(CASp)ActualCost+ CWoverhead ActualCost+ CWoverhead BL14 ConstructionandDemolition(Projects>$5,000 demolitionandnewconstruction>$50,000)Deposit [2] $52/ton; $200minimum $53/ton; $200minimum BL15 WasteManagementPlanDeposit Deposit [1] $52/ton; $100minimum $53/ton; $100minimum BL16 CommercialPhotovoltaic Flat [3] $391 $399 BL17 ResidentialPhotovoltaic Flat [3] $224 $228 BL18 HourlyRateͲBuilding Flat $112 $114 BL19 DatabaseMaintenanceFee PerPermit $27 $28 BL20 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1] Depositrequired@$50/ton.$100minimumper [2] Depositrequired@$50/ton.$200minimumper plan,$50,000maximumdeposit [3] CAGovt.CodeSS66015limitsRes.$500 maximum;Comm.$1,000Maximum 9 FINANCEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 FeesfortheAnnualBudget, ComprehensiveAnnualFinancial Report,andOtherMaterials F1 BusinessLicense: MasterList PerList $9.00 $9 MonthlyUpdate PerUpdate $9.00 $9 DatabaseMaintenanceFee PerLicense $27 $28 F2 OverdueInvoices($10minimum)Monthly [1,3] 1%ofBill 1%ofBill F3 CannabisOpeartorFees CannabisOperatorPermitApplication PerApplication $7,791 $7,947 CannabisBusinessInspection PerInspection $373 $380 CannabisOperatorPermit PerBusiness $15,809 $16,125 F4 ReturnedChecksDuetoInsufficientFunds PerCheck [2] $25 $26 F5 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1] Onepercentmonthlybeginning60daysafterthe dateonwhichthebillwasdue. [2] PerCACivilCode;1stNSFCheckislimitedto$25 fee;eachsubsequentNSFcheckislimitedto$35 fee [3] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Alarms,AnimalControl,Fingerprinting P1 Fingerprints Allindividuals(CityEmployeesexcluded)PerPerson [1] $58 $59 LiveScanFingerprinting $75 $77 Permits P2 AlarmRegistration(Commercial) New/Renewal Flat $27 $28 P3 FalseAlarmFines [2] 2ndalarm(Within12monthsof1stalarm)Peralarm $106 $108 3rdalarm(Within12monthsof1stalarm)Peralarm $211 $215 4thandotheradditionalalarmswithin12 monthsofthe1stpreventablealarm Peralarm $529 $540 FalseAlarmResponse(average)Flat [8] P4 FalseAlarmFineAppeal Perappeal $58 $59 P5 Bingo PerPermit [7] $58 $59 InitialPermit(Refundableifdenied)Flat $58 $59 AnnualRenewal PerRenewal $539 $550 P6 CardroomI.D.Card: InitialOperatorPermit Flat $1,803 $1,839 InitialEmployeePermit Flat $359 $366 AnnualRenewal(foroperator&employee permit)Flat $90 $92 Replacement Flat $90 $92 P7 CabCompany Perindividual $58 $59 DriverRenewalPermit Flat $58 $59 P8 VehiclesforHire: InitialCertificateofConvenienceand Necessity Perindividual $7,223 $7,367 CertificateofRenewal PerDriver $180 $184 P9 SpecialEventPermit Flat [5] $264 $269 10 POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 NonͲProfitGroup/CharityEvent Flat [5] $185 $189 P10 JunkCollector Perindividual $90 $92 P11 MassageEstablishmentorBathHouse: InitialPermit Perindividual $1,803 $1,839 AnnualRenewal Perindividual $180 $184 P13 Pawnbroker/SecondhandGoodsBackground Investigation: Dealer PerPermit $1,803 $1,839 Employee PerPermit $359 $366 P14 FortuneTelling PerPermit $1,803 $1,839 P15 TowVehicleOperator: InitialPermit/AnnualRenewal Flat $180 $184 TowVehicleDriverPermit(FiveͲYear)PerDriver $180 $184 P16 Renewal: TowServiceFranchiseFee PerVehicle $53 $54 ReplacementofLost,Stolen,orMutilated Permits PerPermit $42 $43 ReissuedPermits PerPermit $42 $43 P17 PhotographsͲDigitalPhotographsonDisks PerCopy $58 $59 11 POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 MiscellaneousFees P18 VehicleAbatement PerVehicle [3] $359 $366 P19 VideoTape PerCopy $53 $54 P20 DVDVideo PerCopy $53 $54 P21 InCar/BodycamVideoͲDVD PerCopy $106 $108 P22 CassetteTape PerCopy $53 $54 P23 CDͲAudio PerCopy $53 $54 P24 PoliceReports PerPage RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule P25 SpecialPersonnelServices [4] SecurityPersonnel(PoliceOfficer) StaffPoliceOfficer PerHour $116 $118 DiscountedRateforSSFUSD PerHour $95 $97 P26 Transcripts RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule P27 EmergencyResponsetoDrivingUnderthe Influce(DUI)Accidents [5,6] ActualCosts ActualCosts IncidentResponse(includesAccident,Hazmat, DUIorotherincident)[5] ActualCosts ActualCosts P28 TowedVehicleRelease,NegligentOperator PerVehicle $180 $184 P29 PlanCheck&ConditionFormulation(Bldg)flat $180 $184 P30 SiteInspections Hourly $180 $184 P31 FirearmStorageAdministrationFee SingleFirearm Flat $359 $366 EachAdditionalWeapon Flat $359 $366 P32 AmmunitionStorageAdministrationFee $143 $146 P33 ClearanceLetter Flat $10 $10 P34 HourlyRate: Sworn $180 $184 NonͲSworn $106 $108 P35 DatabaseMaintenanceFee PerPermit $27$28 P36 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Uptothreecardsperindividual. [2]Resetseverycalendaryear. [3]Onpublicroadwayonly. [4] Hourlysalaryplus40%forbenefitsplus30%in administrationcharges;30Ͳminute [5] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [6]CAGC53150Ͳ53159DUIMaximum$12,000 [7]Penalcode:SSFMCCh.6.32 [8]ForInformationalPurposeonly 12 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F1 FireServiceAmbulanceTransportaionͲALSI Transport $2,018 $2,058 F2 FireServiceAmbulanceTranportationͲALSII $2,018 $2,058 F3 FireServiceAmbulanceTransportationͲBLS (Emergency)$2,018 $2,058 F4 FireServiceAmbulanceTransportationͲBLS (NonͲEmergency)$704 $718 F6 ContractedBLSInterͲFacility Flat [5] $415 $423 F7 Mileage(Alllevels)PerMile [3] $53 $54 F8 Oxygen Flat [3] $127 $130 FireServiceEMSTraining F9 FirstͲAid/AdultCPR/AEDClassesforResidents (costoftextbookandcertificationcard) Perperson [3] $31 $32 F10 FirstͲAid/CPR/AEDClassesforNonͲResidents Perperson [3] $106 $108 F11 FirstͲAid/CPRClassesforSSFBusinesses Perperson [3] $58 $59 F12 Heartsaver®CPR/AEDCommunityClasses Perperson [3] $53 $54 F13 PediatricEducationforPreͲhospital Professionals(ForresidentsandnonͲresidents)Perperson [3] $127 $130 F14 AmericanHeartAssociation"ProfessionalLevel" coursesforthepublicandotheroutside agencies ACLSKnowledgeandSkillsReview Workshops Perperson [3] $185 $189 F15 InitialRecognition: PediatricAdvancedLifeSupport(PALS)Perperson [3] $248 $253 AdvanceCardiacLifeSupport(ACLS)Perperson [3] $248 $253 BasicLifeSupportͲHealthCareProvider(BLS HCP)Perperson [3] $80 $82 F16 ReͲrecognition: PediatricAdvancedLifeSupport(PALS)Perperson [3] $201 $205 AdvanceCardiacLifeSupport(ACLS)Perperson [3] $201 $205 BasicLifeSupportͲHealthCareProvider(BLS HCP)Perperson [3] $53 $54 F17 LeadEKGClass Perperson [3] $211 $215 F18 GeriatricEducationforEmergencyMedical Services Perperson [3] $201 $205 F19 InfrequentParamedicSkills Perperson [3] $85 $87 F20 OtherEMSContinuingEducationClasses PerHourPerPerson [3] $8.28 $8͘ϰϱ F21 StudentMaterials,Supplies,etc.Requiredto Participate ActualCost ActualCost 13 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F22 CertificationFeesrequiredbyCertifying Authority(EMTInstruction)Flat $5.18 $5.28 FireTrainingDivision F23 EmergencyResponseTeamClass(Incl.Fire extinguishertraining)PerHourPerPerson [5] $29 $30 F24 PermitRequiredConfinedSpaceClass PerHourPerPerson [5] $29 $30 F25 HazardousMaterialsResponderClass PerHourPerPerson [5] $29 $30 F26 TechnicalRescueClass PerHourPerPerson [5] $29 $30 F27 VehicleExtricationClass PerHourPerPerson [5] $29 $30 F28 OtherFireTrainingContinuingEducationClasses PerHourPerPerson [5] $29 $30 F29 StudentMaterials,Supplies,etc.Requiredto Participate ActualCost ActualCost F30 CertificationFeesrequiredbyCertifying Authority Flat ActualCost ActualCost FirePreventionDivisionPermitsand Fees FireProtectiveSystemsConstruction Permit F32 ConstructionWithoutaPermit [3] 2Timescostof Permit 2Timescostof Permit F33 FireProtectiveStsytemsInspectionFees (InspectionͲincludes2inspections) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $527 $538 $6,001 basefee@$6,000 $527 $538 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $703 $717 eachadditional$1,000orfractionthereof eachadd'l$1,000 $14.06 $14.34 $50,001 basefee@$50,000 $1,054 $1,075 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.03 $7.17 $100,001 basefee@$100,000 $1,406 $1,434 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.39 $4.48 $500,001 basefee@$500,000 $3,162 $3,225 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.73 $7.88 $1,000,001 basefee@$1,000,000 $7,027 $7,168 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.88 $0.90 3,000,001 basefee@$3,000,000 $8,783 $8,959 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.88 $0.90 5,000,001 basefee@$5,000,000 $10,539 $10,750 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.48 $0.49 10,000,001 basefee@$10,000,000 $12,882 $13,140 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.48 $0.49 25,000,001 basefee@$25,000,000 $19,908 $20,306 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.23 $0.23 50,000,001 basefee@$50,000,000 $25,763 $26,278 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.52 $0.53 F34 ConstructionWithoutaPermit [3] TwoTimesCostofPermit TwoTimesCostof Permit 14 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 OtherFirePreventionInspections F35 AnnualFireInspection(Basic)Flat $264 $269 F36 NonͲConstructionFireReͲinspectionFee Flat $176 $180 F37 InspectionsOutsideNormalBusinessHours(2 hourminimum)Flat $176 $180 F38 ConstructionReͲinspectionFees Flat $176 $180 F39 InspectionforWhichaFeeisnotSpecifically Indicated Flat $176 $180 F40 AnnualHighͲriseBuilding(2Hr.Minimum)Flat $176 $180 F41 NewOccupancy/Business Flat $351 $358 F43 GroupR,Division1OccupanciesandGroupR, Division2with3orMoreDwellingUnitsPer Building 0Ͳ10 Perlivingunit $264 $269 11Ͳ30 Perlivingunit $351 $358 31Ͳ50 Perlivingunit $527 $538 >50;each50 Perlivingunit $703 $717 F45 Title19,5YearAutomaticFireSprinkler Certification PerSystem $351 $358 F46 PreͲinspectionofResidentialCareFacilities Flat $351 $358 OperationalPermits F48 OperationalPermitformultipleoccupancy permits(feetobechargedforsecondand subsequentadditionaloccupancypermitsfor inspectionsconductedonsamesitevisit)Flat $58 $59 F49 AerosolProducts Flat $351 $358 F50 Assemblies Flat $351 $358 F51 WasteHandling Flat $351 $358 F52 BatterySystems PerSystem $351 $358 F53 CandlesandOpenFlamesinAssemblyAreas PerAssembly $176 $180 F54 CombustibleFiberStorage Flat $351 $358 15 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F55 Misc.CombustibleMaterialStorage Flat $351 $358 F56 CommercialRubbishͲhandlingOperation Flat $351 $358 F57 CompressedGases PerSystem $176 $180 F58 Cryogens PerSystem $527 $538 F59 DryCleaningPlants Flat $527 $538 F60 DustProducingOperations Flat $527 $538 F61 FireAlarm PerBuilding $527 $538 F62 FlammableofCombustibleLiquids,Store,Handle, orUse.PerTank $527 $538 F63 HazardousMaterialsStorage,TransportonSite, Dispense,Use,orHandleChemicals PerBuilding [1] $703 $717 F64 HazardousMaterialsinExcessbyClassifications; Store,TransportonSite,Dispense,Use,orHandle ChemicalsinExcessofAmountsListedinTable 105ͲC Perclassofchemicalat eachlocation $351 $358 F65 HighͲpiledStorage PerLocation $703 $717 F66 InstitutionsandDayCare PerLocation $351 $358 F67 LargeFamilyDayCare PerLocation $351 $358 F68 Lumberyards Flat $703 $717 F69 LiquefiedPetroleumGases PerTank $351 $358 F70 MagnesiumWorking Flat $351 $358 F71 MotorVehicleFuelDispensingStations PerLocation $351 $358 F72 OrganicCoatings Flat $351 $358 F73 Ovens,IndustrialBakingorDrying PerOven $176 $180 F74 PermitͲRequiredConfinedSpace PerSpace $351 $358 F75 PyrotechnicalSpecialEffectsMaterial Flat $703 $717 F76 RadioactiveMaterials PerLocation $351 $358 F77 RefrigerationEquipment PerSystem $176 $180 F78 ResidentialCareandResidentialCareforthe Elderly PerLocation $351 $358 F79 RepairGarages Flat $351 $358 F80 SprayingorDipping PerTank $351 $358 F81 TireStorage Flat $527 $538 16 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F82 WoodProducts Flat $351 $358 F83 WieldingandCuttingOperations PerLocation $527 $538 F84 FailuretoObtainaPermit Varies [3] TwoTimesPermitCost TwoTimesPermitCost F86 FlammableorCombustibleLiquids;Remove, Install,Construct,AlterorAbandonan UndergroundorAboveGroundTank PerTank $703 $717 F87 HazardousMaterials;Install,Repair,Abandon, Remove,PlaceͲOutͲofͲService,TanksorPiping, CloseorSubstantiallyModifyaStorageFacility PerTank $703 $717 SpecialActivityPermits F89 CandlesorOpenFlamesinAssemblyAreas PerEvent $351 $358 F90 CarnivalsandFairs PerEvent $703 $717 F91 ChristmasTreeLots PerEvent $703 $717 F92 ExplosivesorBlastingAgents Flat $703 $717 F93 FireHydrantsandWaterͲControlValves PerEvent $351 $358 F95 FireworksDisplaysbyaLicensedProfessional PerEvent $703 $717 F96 Fumigation/ThermalInsecticide Per Occurrence $176 $180 F98 ParadeFloats PerEvent $351 $358 F99 TemporaryMembraneStructures(tents)PerStructure $351 $358 F101 FailuretoObtainaPermit Varies [3] TwoTimesPermitCost TwoTimesPermitCost MiscellaneousFirePreventionFees F102 HazardMitigationFee(Includesallother incidenttypes)[2,3] ActualCost ActualCost F103 MinimumFireProtectionSystemPlanCheck For<$6,000 valuation $176 $180 F104 ApplicationforUseofAlternateMethodsof Protection PerRequest $264 $269 F105 EmergencyResponseDUICostRecovery [2,3,4] ActualCost ActualCost F106 EmergencyResponseHazmatCostRecovery [2,3] ActualCost ActualCost F107 Investigations Hourly $176 $180 17 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F108 FireandLifeSafetyͲPlanCheck(Includes2 checksand1reͲcheck) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $88 $90 $6,001 basefee@$6,000 $88 $90 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $176 $180 eachadditional$1,000orfractionthereof eachadd'l$1,000 $14.06 $14.34 $50,001 basefee@$50,000 $351 $358 eachadditional$1,000orfractionthereof eachadd'l$1,000 $42.16 $43.00 $100,001 basefee@$100,000 $2,810 $2,866 eachadditional$1,000orfractionthereof eachadd'l$1,000 $10.54 $10.75 $500,001 basefee@$500,000 $7,027 $7,168 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.44 $8.61 $1,000,001 basefee@$1,000,000 $11,242 $11,467 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.74 $3.81 $3,000,001 basefee@$3,000,000 $18,737 $19,112 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.62 $5.73 $5,000,001 basefee@$5,000,000 $29,979 $30,579 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.25 $2.30 $10,000,001 basefee@$10,000,000 $41,221 $42,045 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.00 $1.02 $25,000,001 basefee@$25,000,000 $56,211 $57,335 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.30 $0.31 $50,000,001 basefee@$50,000,000 $63,705 $64,979 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.27 $1.30 F108.1 ExpeditedFirePlanCheckFee 35%of plancheckfee 35%of plancheckfee F109 FireProtectionSystemsͲPlanCheck(Includes2 checks&1reͲcheck) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $176 $180 $6,001 basefee@$6,000 $176 $180 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $351 $358 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.51 $3.58 $50,001 basefee@$50,000 $439 $448 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.76 $1.80 $100,001 basefee@$100,000 $527 $538 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.31 $1.34 $500,001 basefee@$500,000 $1,054 $1,075 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.51 $3.58 $1,000,001 basefee@$1,000,000 $2,810 $2,866 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.93 $0.95 $3,000,001basefee@$3,000,000 $4,684 $4,778 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.41 $1.44 $5,000,001basefee@$5,000,000 $7,494 $7,644 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.56 $0.57 $10,000,001basefee@$10,000,000 $10,305 $10,511 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.25 $0.26 $25,000,001basefee@$25,000,000 $14,052 $14,333 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.07 $0.07 $50,000,001basefee@$50,000,000 $15,927 $16,246 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.32 $0.33 F109.1 ExpeditedPlanCheckFee 35%ofplancheck 35%ofplancheck F111 AdditionalFirePlanReview(2hr.minimum)Each reviewbeginningwith4thresubmittal.Hourly $176 $180 F112 FireWatch [2] ActualCost ActualCost F113 KeyBoxService PerLocation $88 $90 18 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F114 PreventableFalseAlarms 2ndalarm(Within12monthsof1stalarm)Flat [3] $106 $108 3rdalarm(Within12monthsof1stalarm)Flat [3] $211 $215 4thandotheradditionalalarmswithin12 monthsofthe1stpreventablealarm Flat [3] $529 $540 F117 PlanDigitizingFee $0.06perletter; $0.80perplan; $0.06perimage $0.06perletter; $0.82perplan; $0.06perimage Miscellaneous F124 ReproductionofPrintedFireandParamedic Reports PerPage [3] RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule F126 HourlyRate: Prevention:Hourly $176 $180 EmergencyServices: EngineCompany(3person)Hourly $444 $453 Ambulance(2person)Hourly $296 $302 F127 DatabaseMaintenanceFee PerPermit $27$28 F128 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Foreachlocation/buildingthatcontains55gallons ormoreofaliquid,500poundsormore [2] Thecostshallincludetheprovisionofscene supervision,overhead,equipment,hourly [3] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [4] AMR/KaiserAgreement;notincludedincost analysis;feesetperagreement [5]Classsizeratiousedis1:6 19 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 EngineeringDivision PlanCheck/Inspectionand Encroachment PW1 ImprovementPlanCheckͲ(covers2planchecks andreͲcheck) CostofImprovments Upto$50,000 Minimumbasefeeupto $50,000 $609 $621 $50,001 basefee@$50,000 $912 $930 eachadditional$1,000orfractionthereof eachadd'l$1,000 $6.21 $6.33 $100,001 basefee@$100,000 $1,216 $1,240 eachadditional$1,000orfractionthereof eachadd'l$1,000 $23 $23.46 $250,001 basefee@$250,000 $4,561 $4,652 eachadditional$1,000orfractionthereof eachadd'l$1,000 $6.21 $6.33 $500,001 basefee@$500,000 $6,082 $6,204 eachadditional$1,000orfractionthereof eachadd'l$1,000 $12 $12.24 $1,000,001 basefee@$1,000,000 $12,163 $12,406 eachadditional$1,000orfractionthereof eachadd'l$1,000 $12 $12.24 4thandsubsequentPlanCheck $152 $155 PW1.1 ImprovementInspection(covers2inspections) CostofImprovments Upto$50,000 Minimumbasefeeupto $50,000 $456 $465 $50,001 basefee@$50,000 $456 $465 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.14 $4.22 $100,001 basefee@$100,000 $684 $698 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.04 $1.06 $250,001 basefee@$250,000 $912 $930 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.07 $2.11 $500,001 basefee@$500,000 $1,520 $1,550 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.11 $3.17 $1,000,001 basefee@$1,000,000 $3,041 $3,102 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.11 $3.17 PW2 EncroachmentPermitFee(coverstwo inpections) Flat [7] $325 $332 AdditionalVisitsBeyondTwo PerVisit $152 $155 MiscellaneousProcessingFee PW4 OnͲsiteinspection/processingfeeforthe recordationoftheconditionoftheprivate sewerlateral. PerRecordation $152 $155 PW5 OffͲsiteinspection/processingfeeforthe recordationoftheconditionoftheprivate sewerlateral.(DVDReview) PerRecordation $76 $78 Maps PW6 InspectionDeposit Deposit [5] 2%ofpublic improvementcosts 2%ofpublic improvementcosts PW7 MajorSubdivisionTentativeMap Flat [7] $325 $332 PerLot PerUnit $26 $27 20 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PW8 FinalMapFilingFee Flat [7] $325 $332 PerLot PerUnit $26 $27 PW9 MinorSubdivisionTentativeMap Flat $152 $155 PerLot PerUnit $26 $27 PW10 ParcelMapFilingFee PerMap $304 $310 PW11 LotLineAdjustment PerAdjustment [7] $325 $332 PW12 AfterͲhoursSiteInspections [1,5] ActualCost ActualCost PW14 EasementAbandonmentRequest Pereasement $3,802 $3,878 PW15 SubdivisionandParcelMapPlanCheck(includes Coordinationandadministartion costs) Deposit [1,7] $1,085 $1,107 PW16 TransportationͲSingletrip,oramodificationof anoriginalpermit Flat [6] $16 $16 PW17 TransportationͲAnnualorrepetitivepermit Flat [6] $90 $92 PW18 CopyofCD/DVD ReferTo CityClerkFee Schedule ReferTo CityClerkFee Schedule MiscellaneousFees PW22 GradingPlanCheckandPermitProcessing (CubicYards) 50CubicYardsorLess Flat $304 $310 51to1000CubicYards Flat $609 $621 1,001to10,000CubicYards Flat $1,216 $1,240 10,001 BaseFee@10,000 $1,520 $1,550 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $8.28 $8.45 100,001 BaseFee@100,000 $1,596 $1,628 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $7.25 $7.40 200,001 BaseFee@200,000 $1,673 $1,706 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $84 $85.68 PW23 Otherplancheckingandadditionalplanreviews requiredbychanges,additions,orrevisionsto approvedplans.[1] $304 $310 PW24 GradingInspectionFees(CubicYards) 0to1,000CubicYards Flat $304 $310 1,001to10,000CubicYards Flat $456 $465 eachadditional1,000cubicyardsor fractionthereof(BaseFee@1,000) eachadd'l1,000cubic yards $17 $17.34 10,001to100,000CubicYards Flat $456 $465 eachadditional10,000cubicyardsor fractionthereof(BaseFee@10,000) eachadd'l10,000cubic yards $17 $17.34 100,001to200,000CubicYards BaseFee@100,000 $609 $621 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $30 $30.60 200,001CubicYardsorgreater BaseFee@200,000 $912 $930 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $46 $46.92 21 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 OtherInspections PW25 InspectionsOutsideofNormalBusinessHours Hourly [2,5] ActualCost ActualCost PW26 ReͲinspectionAssessedUnder ProvisionsofSection305(h) Flat [3] ActualCost ActualCost PW27 Inspectionsforwhichafeeisnot specificallyindicated Hourly [3,5] ActualCost ActualCost PUBLICWORKSDEPARTMENTͲ WATERQUALITYCONTROL DIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PretreatmentFeeSchedule PW28 PermitsandRenewals:(validfor3yeartime intervals) SignificantIndustrialUsers Every3years [4] $609 $621 AllOtherRequiredBusinesses Every3years $152 $155 PW29 WaterQualityComplianceReview PerHour PW31 InspectionsͲOutsideofNormalPretreatment Activities PerHour $152 $155 PW32 InspectionsͲOutsideofNormalBusinessHours PerHour $152 $155 PW33 SpecialMonitoringActivitesforEnforcement andSurveillance PerHour $152 $155 PW34 SpecialSampling/EquipmentUse PerHour $152 $155 PW35 WastewaterAnalysis BOD PerTest [5] ActualCost ActualCost COD PerTest [5] ActualCost ActualCost TSS PerTest [5] ActualCost ActualCost Oil&Grease PerTest [5] ActualCost ActualCost Metals(exceptHg) PerTest [5] ActualCost ActualCost Hg PerTest [5] ActualCost ActualCost pH PerTest [5] ActualCost ActualCost Bioassay PerTest [5] ActualCost ActualCost CN PerTest [5] ActualCost ActualCost PAH PerTest [5] ActualCost ActualCost Phenol PerTest [5] ActualCost ActualCost Ammonia PerTest [5] ActualCost ActualCost Conductivity PerTest [5] ActualCost ActualCost OxygenUptakeRate PerTest [5] ActualCost ActualCost Others [5] ActualCost ActualCost 22 PUBLICWORKSDEPARTMENTͲ WATERQUALITYCONTROL DIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PW36 WasteManagementPlanReview 1%ofPlanCheck Fee 1%ofPlanCheck Fee HourlyRate: PublicWorksͲEngineering $152 $155 PW37 AdministrativeCodeEnforcementFee(forfailure tocorrectviolationsafterreceivingCourtesy NoticefromFirePreventionDivision14daygrace periodtocorrect) Flat $351 $358 PW38DatabaseMaintenanceFee Flat $27 $28 PW39 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Hourlysalary,plus40%inbenefitsandanother 30%inadministrativecosts;1/2hourminimum [2]Hourlysalary,plus50%overtimerate,plus50% forbenefitsonbaserate,plus12%in administrativecharges. [3]Hourlysalary,plus50%forbenefitsonbaserate, plus12%inadministrativecharges.OnehalfͲhour minimum. [4]Definedinfederalregulationsandmunicipal ordinance. [5]PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [6]TransportationPermitsarerequiredforalloverͲ sizedloadsperCVC35780.Feesarethemax basedCVC35795andCaltransFees [7]IncludessupportcostsfromPlanning 23 PUBLICWORKSDEPARTMENTͲ PARKINGMETERAND PARKINGPERMIT FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Parkingmetersandlotsoperate MondaythroughSaturday,timesnoted onmetersandsignageMinimum purchasewithcreditcard$1.00 TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumHourlyRate MaximumHourly Rate SetHourlyRate approvedbyParking PlaceCommission GrandAvenue,CypresstoWalnut Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 GrandAvenue,WalnuttoSpruce Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 GrandAvenue,AirporttoCypress Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.00$1.00 MapleAvenue(200and300blocks)Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 LindenAvenue(200and300blocks) Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 CypressAvenue(200and300blocks) Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 BadenAvenue(300block)Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 SpruceAvenue,BadentoGrand Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 MillerAvenue,LindentoMaple Perhour,uptotenhours, 9amto6pm $0.50$3.00$1.00$1.00 MillerAvenue,AirporttoLinden,Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 AirportBoulevard Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 CypressAvenue(400and500blocks), Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 LindenAvenue(100and400blocks)Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 LuxAvenue Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 WalnutAvenue Perhour,uptotenhours, 9amto6pm $0.50$3.00$1.00$1.00 24minutespaces $0.10per 3minutes $0.10per 3minutes MeteredSpacesinParkingLot Numbers: TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumRate MaximumRate SetHourlyRate approvedbyParking PlaceCommission #1 Perhour,uptofivehours, 9amto6pm $0.50$3.00$1.00$1.00 #4 Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 #5(west) Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #12(east) Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #15 Perhour,uptotwohours 9amto6pm $0.50$3.00$1.00$1.00 #16 Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #17 Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 #18 Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 PermitRates(Lots1,4,5,7,12,14,17, 18) TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumRate MaximumRate SetHourlyRate approvedbyParking PlaceCommission MonthlyPermit $40.00 $100.00 QuarterlyPermit $120.00 $400.00 MillerAvenueParkingGarageRates Spaces 9amto6pm $0.50perhour $3.00perhour MonthlyPermit $20.00 $80.00 QuarterlyPermit $90.00 $240.00 24 LIBRARY FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 DamagedandMissingMaterials L1 AVMaterials(contentsoritemdamage) [3] ActualCostof eachitem ActualCostof eachitem L3 CD/DVDCases,Replacementof LostorDamaged PerCase $2.00 $2.00 MissingBook,DVD,etc.fromSet [3] ActualCostof eachitem ActualCostof eachitem MissingCDͲfromAudioBookVendorsthat offerReplacement [3] ProratedCostof set ProratedCostof set L7 Books [3] ActualCostof eachitem ActualCostof eachitem L8 Equipment [3] ActualCostof eachitem ActualCostof eachitem L9 FinesforOverdueMaterialsͲAdultMaterials, Books,Audio,Video,Magazines,DVDsetc. (Onlyaffectsadultborrowers)Daily [3,4]$0.25 Delete L10 FinesforOverdueMaterialsͲChildren's MaterialsͲBooks,Audio,Video,Magazines, DVDs,etc.(Onlyaffectsadultborrowers)Daily [3,4]$0.15 Delete L16 Lost,ReplacementChargesͲMagazinesͲSee ProcessingFeeBelow [3] ActualCostof eachitem ActualCostof eachitem L18 Lost,ReplacementChargesͲProcessingFee (PeninsulaLibraryAutomatedNetworkPolicy) AppliestoallMaterials: CataloguedMaterials Each [4] $5.00 $5.00 GenericMaterials Each [4] $2.00 $2.00 MiscellaneousCharges L20 PaypalConvenienceFee Per Transaction [3] $0.50 $0.50 L21 ComputerPrintouts Black&White PerSheet [3] $0.15 $0.15 Color PerSheet [3] $0.50 $0.50 L22 HistoryBookͲSSF Each [3] $5.00 $5.00 L23 HistoryRoomPhotographsͲDigitalCopies CopyofCD/DVD(seeCityClerk feeschedule) RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule L24 HistoryRoomPhotographsPrintCopies PerItem $16 $16.00 L25 PostcardsͲSSF,3.5"x5" BlackandWhite Each [3] $0.50 $0.50 Color Each [3] $1.00 $1.00 L26 MicrofilmCopies Each [3] $0.25 $0.25 L27 Photocopy PerPage [3] $0.20 $0.20 L28 Postcard,ID [3] Pricesetby UnitedStatesPostalService Pricesetby UnitedStatesPostal Service 25 LIBRARY FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 L29 Reserve:OutofCountyReserve/ InterͲLibraryLoan SSFresidents Flat [3] $3.00 $3.00 nonͲresidents Flat [3] $5.00 $5.00 L30 ReturnedCheck,InsufficientFunds SeeFinanceDepartment Section SeeFinanceDepartment Section L33 USBDrives Flat [1,3] ActualCost ActualCost L34 FieldTripFee Flat [2,3] ActualCost ActualCost HourlyRate FullͲtime $115 $117.00 PartͲtime $24 $24.00 L35CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]$4Ͳ$10dependinguponunitcost [2]$10Ͳ$40dependinguponcostoftransportation, admission,etc. [3]PlaceholderforMasterFeeSchedule(MFS);not includedincost [4]FeesetbyPeninsulaLibrarySystem(PLS) 26 PARKSANDRECREATIONDEPARTMENT ChildCarePrograms Resident NEWResident NonͲResident NEWNonͲResident TraditionalSummerCamp Perweek $181.00 $185 $211.00 $215 SpringCamp Perday $36.00 $37 $41.00 $42 WinterCamp Perday $36.00 $37 $41.00 $42 FullofFunCamp Perweek $207.00 $211 PARKSANDRECREATIONDEPARTMENT ChildCarePrograms Resident NEWResident NonͲResident NEWNonͲResident SpecialityCamps(EnrichmentandSportsPerweek $223.00 $227 $253.00 $258 EnrichmentandSportsCampscoreprogramsare10amto4pm. Feesincludebeforeandaftercampcare,availablefrom7:30amto10am,and4pmto6pm. NOTE:NofeesassessedforASESgrantfundedAfterSchoolPrograms BeforeandAfterSchoolRecreationPrograms Resident /NonͲResident NEW 5Days/WithBeforeSchoolCare Permonth $431.00 $440 5Days/AfterSchoolCareOnly Permonth $372.00 $380 3Days/WithBeforeSchoolCare Permonth $294.00 $300 3Days/AfterCareOnly Permonth $255.00 $260 2Days/WithBeforeSchoolCare Permonth $196.00 $200 2Days/WithAfterCareOnly Permonth $170.00 $175 BeforeSchoolCareOnly–5Days $136.00 $140 SiblingDiscount:AppliesOnlytoFullͲ TimeBefore/AfterSchool,PreͲSchool. Childrenmustbeenrolledinthesame program. For2ormorechildrenenrolled.15% 15% PreͲSchoolChildCare Resident NEWResident NonͲResident NEWNonͲResident NOTE:“BigLift”grantfundedpreschoolfeesassessedonaslidingscale,nottoexceed$630/month(resident)or$704/month(nonͲresident)asperHUD80%AreaMedianIncome. 5Days/FullDay Permonth $652.00 $665 $729.00 $744 5Days/HalfDay Permonth $576.00 $588 $642.00 $655 3Days/FullDay Permonth $404.00 $412 $451.00 $460 3Days/HalfDay Permonth $357.00 $364 $397.00 $405 2Days/FullDay Permonth $279.00 $285 $313.00 $320 2Days/HalfDay Permonth $247.00 $252 $275.00 $280 LatePickͲup: AllChildCarePrograms(foreachminute afterclosingtime) $6.25 $6.50 $6.25 $6.50 ProcessingFee/NewEnrollment ForPreͲSchoolandAfterͲSchool RecreationPrograms Perapplication$67.00 $68 $67.00 $68 WaitingListFee Perapplication$31.00 $32 $31.00 $32 Add:LatePaymentFee:$30.60PerOccurrence. DocumentRetrievalFee Retrievalofdocumentedinformation, i.e.tax,custodial $31.00 $32 $31.00 $32 AquaticClasses Resident NEWResident NonͲResident NEWNonͲResident AdultAdmission PerAdmission $6.00 $6 $6.00 $6 AdultScript 10Admissions $3ϲ.75 $3ϳ.5Ϭ $58.50 $ϲϬ͘ϬϬ AdultScript(Senior) 10Admissions $24.75 $Ϯϵ͘Ϯϱ $36.00 $3ϳ.ϬϬ ChildAdmission PerAdmission $5.00 $5.Ϯϱ $5.00 $5.Ϯϱ 27 PARKSANDRECREATIONDEPARTMENT AquaticClasses Resident NEWResident NonͲResident NEWNonͲResident ChildScript 10Admissions $24.50 $2ϱ.Ϭ0 $48.00 $4ϵ.00 FamilySwim(1to5swimmers) PerFamilyAdmission $7.00 $7.Ϯϱ $7.00 $7.Ϯϱ AdditionalSwimmer(s) PerAdmission $2.50 $2.ϳϱ $2.50 $2.ϳϱ SwimLessons Resident NEWResident NonͲResident NEWNonͲResident NonͲResidentClassFees PerSessionAdd$4.00persession Add$4.00persession InfantWaterOrientation PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession Baby/AquaTots PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession ChildLessons(Group)PerHour $13.46Ͳ15.56 $13.75Ͳ16.00 Add$4.00persession Add$4.00persession AdultLessons(Group)PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession SemiͲPrivate&PrivateLessons SemiͲPrivate(ChildorAdult) PerHour$20.70 $21.00 Add$4.00persession Add$4.00persession Private(ChildorAdult) PerHour $39.12 $40.00 Add$4.00persession Add$4.00persession AdultFitness PerHour$5.90 $6.00 Add$15 persession Add$15 persession DropinAquaZumba PerClass $6.00 $6.00 $6.00 $6.00 AdultAquaticExercise PerHour $5.90 $6.00 Add$15 persession Add$15.00 persession AquaZumba PerHour $5.90 $6.00 Add$15 persession Add$15.00 persession Masters/AdultLapSwim Daily$6.00 $6.00 $6.00 $6.00 Masters/AdultLapSwimScript 10Admissions$44.50 $4ϱ.50 $44.50 $4ϱ͘ϱϬ Masters/AdultLapSwimMonthly PerSession$54.50 $5ϲ͘Ϭ0 $62.00 $6ϯ.ϱ0 WaterSafetyInstructor: *IncludesBooks&Materials PerSession $207.00 $211.00 $222.50 $226.95 RedCrossFee PerSession $35.00 $38.00 $35.00 $38.00 LifeguardTraining: *IncludesBook&Materials PerSession $207.00 $211.00 $222.50 $227.00 28 PARKSANDRECREATIONDEPARTMENT RedCrossFee PerSession $35.00 $38.00 $35.00 $38.00 JuniorLifeguardCamp Per1weeksession(5hoursperday) $109.00 $111.00 $124.00 $126.00 SwimTeam Annual $5,775.00 $5900.00 PoolRental Resident NEWResident NonͲResident NEWNonͲResident Participants0to30 Per1½Hour $176.00 $180.00 $196.00 $200.00 Participants31to60 Per1½Hour $199.00 $203.00 $219.00 $223.00 Participants61to100 Per1½Hour $222.00 $226.00 $242.00 $246.00 LockerRental SmallLockers PerDay $0.25 $0.25 $0.25 $0.25 LargeLockers PerDay $0.50 $0.50 $0.50 $0.50 PicnicFees Resident NEWResident NonͲResident NEWNonͲResident ApplicationProcessing Perpermit,addedtoeachrental $36.00 $37.00 $36.00 $37.00 OrangePark EucalyptusShelter(15TablesͲ10:00am –6pm Perday,8hours $321.00 $328.00 $336.00 $343.00 Area#2(2tables) Perday $35.00 $36.00 $50.00 $52.00 Area#3(3tables) Perday$51.00 $52.00 $66.00 $67.00 Area#4(4tables) Perday$68.00 $69.00 $83.00 $84.00 Area#5(5tables) Perday$86.00 $88.00 $101.00 $103.00 RefundableDeposit–coverscleanͲup, repair,and/orovertimecosts $207.00 $2Ϯϱ.00 $207.00 $2Ϯϱ.00 ExtendedHours Perhour $52.00 $53.00 $52.00 $53.00 AltaLoma Area#1(6tables) Perday $104.00 $106.00 $119.00 $121.00 Area#2(2tables) Perday$35.00 $36.00 $50.00 $51.00 Area#3(2tables) Perday $35.00 $36.00 $50.00 $51.00 AvalonPark(5smalltables)Perday$63.00 $64.00 $78.00 $79.00 BuriBuriPark I(6tables)Perday $104.00 $10ϲ.00 $119.00 $1Ϯϯ.00 II(2tables) Perday$35.00 $3ϲ.00 $50.00 $5ϭ.00 III(3tables) Perday $51.00 $52.00 $66.00 $67.00 IV(3tables) Perday$51.00 $52.00 $66.00 $67.00 SellickPark 7tables,includesCampFirearea Perday$86.00 $88.00 $101.00 $103.00 29 PARKSANDRECREATIONDEPARTMENT WestboroughPark ShelteredArea(18tables) Perday $342.00 $349.00 $357.00 $364.00 Area2(5tables) Perday $124.00 $126.00 $140.00 $141.00 CombinedShelteredArea&Area2(23taPerday $450.00 $460.00 $466.00 $475.00 AdditionalGasGrill Perday $104.00 $106.00 $104.00 $106.00 DamageDeposit(Refundable) Perday $207.00 $2Ϯϱ.00 $207.00 $2Ϯϱ.00 ExtendedHours Perday$52.00 $53.00 $52.00 $53.00 SportsProgramsandFacilities Resident NEWResident NonͲResident NEWNonͲResident AnnualRenewalFeestoCoͲsponsoredGroupsthatUseourFields/FaciliƟes: CategoryI:Upto99Members Annualfees$110.00 $112.00 CategoryII:100–199Members $165.00 $168.00 CategoryIII:200–299Members $270.00 $275.00 CategoryIV:300andUp $380.00 $387.00 AdultSoftballLeague Pergame$88.00 $90.00 NonͲResidentSurcharge Pergame$15.00 $15.00 AdultBasketball Pergame $100.00 $102.00 NonͲResidentSurcharge Pergame $15.00 $15.00 ForfeitFee $50.00 $50.00 FieldLights PerHour$33.00 $34.00 $36.00 $37.00 FieldPreparation General Perpreparation $32.50 $33.00 $53.50 $5ϱ.00 AffiliatedLeague Perpreparation $28.50 $29.00 $50.00 $51.00 OpenGymBasketball&Futsal Adult Peradmission$4.00 $4.00 $4.00 $4.00 Junior Peradmission $3.00 $3.00 $3.00 $3.00 OpenBasketballDropͲIn Adults Peradmission$4.00 Delete $4.00 Delete Juniors Peradmission $3.00 Delete $3.00 Delete TerrabayFitnessRoom Peradmission $2.25 $2.50 $2.25 $2.50 OpenGymScriptCard Adults For10Punches$24.00 $Ϯ5.00 $24.00 $Ϯ5.00 Juniors For10Punches $12.00 $20.00 $12.00 $20.00 30 PARKSANDRECREATIONDEPARTMENT GymnasiumRental(SchoolDistrictgymnasium–addiƟonalfeeispayabletoSSFUSD) Perhour $31.50 $32.00 DropͲinBadminton Resident NEWResident NonͲResident NEWNonͲResident Adult Peradmission $6.00 $6.00 $6.00 $6.00 Junior Peradmission $4.00 $4.00 $4.00 $4.00 FieldReservations Per1ͲHourRental$27.50 $28.00 $36.00 $3ϳ.00 FieldPermitFee PerPermit$27.00 $27.00 BocceBallPermitFeeAssessedto private eventsnotcoͲsponsoredbythecity PerPermit$80.00 $83.00 ChildrenͲͲCoͲSponsoredLeague.There isnochargetocoͲsponsoredgroupsfor fieldreservationsorpreparation AfterͲSchoolSportsProgram PlaygroundSportsClinic Per6ͲHourSession$57.00 $58.00 $62.00 $63.00 PlaygroundSportsProgram PerLeague $62.00 $63.00 $67.00 $68.00 MiddleSchoolSports Resident NEWResident NonͲResident NEWNonͲResident Cheerleading Persession $78.00 $ϴϬ.00 Football,Volleyball,Basketball,Badminto PerSessionforeachsportoractivity $78.00 $ϴϬ.00 Track&Field/Lacrosse $78.00 $ϴϬ.00 FacilityFees Resident NEWResident NonͲResident NEWNonͲResident FeesfortheuseoftheCommunityRoom,BettyWeberRoom,andtheMultiͲUseandActivityRoomsintheWestboroughParkBuildingapplytobusinessmeetingsandseminarsonly. NonͲresidentratesareanadditional$15perhour Add$15.00perhour MagnoliaCenter Perhour $185.00 $18ϵ.00 $200.00 $20ϰ.00 RentOutCommercialKitchenSpacefor CaterersandSmallProducers PerHourMondayͲFridayduringtheday $83.00 $8ϱ.00 MeetingRoomRental Perhour $83.00 MunicipalServicesBuilding Resident NEWResident NonͲResident NEWNonͲResident SocialHallw/KitchenandOneͲhour UseofAtrium PerHour;6ͲHourMinimum $201.00 $205.00 $216.00 $220.00 NonͲProfitGroups Perhour$186.00 $190.00 AtriumKitchen(AsaddͲontoSocialHaPerHour;2ͲHourMinimum$83.00 $8ϱ.00 $98.00 $ϭϬϬ.00 NonͲProfitGroups PerHour;5ͲHourMinimum $68.00 $69.00 SocialHall PerHour;5ͲHourMinimum $201.00 $205.00 $216.00 $220.00 31 Ψϴϱ͘ϬϬ PARKSANDRECREATIONDEPARTMENT NonͲProfitGroups Perhour $186.00 $190.00 Atrium/MariePetersonRoomw/KitchePerHour;5ͲHourMinimum$130.00 $132.00 $145.00 $147.00 NonͲProfitGroups Perhour;5ͲHourMinimum $115.00 $117.00 Atriumw/Kitchen PerHour;4ͲHourMinimum $119.00 $121.00 $134.00 $136.00 NonͲProfitGroups PerHour;4ͲHourMinimum $104.00 $106.00 MariePetersonRoomw/Kitchen PerHour;4ͲHourMinimum $104.00 $106.00 $119.00 $121.00 NonͲProfitGroups PerHour;4ͲHourMinimum $89.00 $91.00 MariePetersonRoomw/oKitchen PerHour;4ͲHourMinimum $93.00 $95.00 $108.00 $110.00 NonͲProfitGroups PerHour;4ͲHourMinimum $78.00 $80.00 BettyWeberRoomPerHour;1ͲHourMinimum $83.00 $84.00 $98.00 $99.00 NonͲProfitGroups PerHour;1ͲHourMinimum $68.00 $69.00 CommunityRoomw/oKitchen,NoFooPerHour;2ͲHourMinimum $114.00 $116.00 $129.00 $131.00 NonͲProfitGroups PerHour;2ͲHourMinimum $99.00 $101.00 WilliamM.BelloniFamilyRoom PerHour;2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups PerHour;2ͲHourMinimum $68.00 $70.00 CoͲSponsoredGroups PerHour;2ͲHourMinimum $52.00 $53.00 n/aͲcosponsoredgroups areresidents SpecialUseRentals $83.00 $85.00 ExtraRentalFees PortableBar PerUse,addedtofacilityrentalfee $60.00 $61.00 CoffeePot PerUse,addedtofacilityrentalfee $5.00 $5.00 SoundSystem PerUse,addedtofacilityrentalfee $75.00 $77.00 FlipChartwithPaper/Markers PerUse $12.00 $12.00 LCDProjector PerUse$50.00 $51.00 EventDayRoomSetupAdjustment OneTime $75.00 $77.00 LCDDisplays PerUse$20.00 $20.50 PortableStage OneTime $100.00 $102.00 ProjectionScreens PerDay/NoChargewithUseofProjector $5.00 $5.00 DuplicatePermitFeeRetrievalCost PerCopy$25.00 $25.50 CityHolidayRentalSurcharge PerHour(AddedtohourlyrentalrateonCity holidays) $31.00 $3Ϯ͘ϬϬ WestboroughParkBuilding Resident NEWResident NonͲResident NEWNonͲResident MultiͲUse/ActivityRoomsw/Kitchen PerHour;5ͲHourMinimum $152.00 $155.00 $167 $170 NonͲProfitGroups PerHour;5ͲHourMinimum $137.00 $140.00 32 PARKSANDRECREATIONDEPARTMENT MultiͲUseRoomw/Kitchen PerHour;5ͲHourMinimum $142.00 $14ϱ.00 $157 $1ϲϬ NonͲProfitGroups PerHour;5ͲHourMinimum $127.00 $129.00 ActivityRoomw/Kitchen PerHour;4ͲHourMinimum. $120.00 $12ϯ.00 $135 $13ϴ NonͲProfitGroups PerHour;4ͲHourMinimum $105.00 $107.00 JosephA.FernekesBuilding Resident NEWResident NonͲResident NEWNonͲResident MultiUseActivityRoomw/Kitchen PerHour;5ͲhourMinimum $191.00 $195.00 $206.00 $210.00 NonͲProfitGroups $176.00 $180.00 ExtraFees OutsideGasGrill Perday $100.00 $102.00 $100.00 $102.00 TerrabayRecreationCenter *RatesareforbusinessmeeƟngs/seminarsonly Resident NEWResident NonͲResident NEWNonͲResident IrisRoom1and2w/Kitchen, GymandPoppyRoom PerHour;3ͲHourMinimum $174.00 $17ϴ.00 $189.00 $19ϯ.00 NonͲProfitGroups $159.00 $162.00 IrisRoom1and2w/Kitchenand PoppyRoom PerHour;3ͲHourMinimum $120.00 $122.00 $135.00 $13ϴ.00 NonͲProfitGroups $105.00 $107.00 IrisRoom1and2w/KitchenandGym PerHour;3ͲHourMinimum. $130.00 $13ϯ.00 $145.00 $14ϴ.00 NonͲProfitGroups $115.00 $117.00 IrisRoom1&2w/Kitchen PerHour;3ͲHourMinimum $93.00 $95.00 $108.00 $110.00 NonͲProfitGroups $78.00 $80.00 Gymnasium $104.00 $106.00 $119.00 $121.00 NonͲProfitGroups PerHour,3ͲHourMinimum $89.00 $91.00 IrisRoom1and2w/oKitchen* PerHour,2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups $68.00 $70.00 PoppyRoomw/oKitchen*PerHour,2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups $68.00 $70.00 IrisRoom1withKitchen PerHour,2ͲHourMinimum $78.00 $80.00 $93.00 $95.00 NonͲProfitGroups $63.00 $65.00 IrisRoom1w/oKitchen* PerHour,2ͲHourMinimum $72.50 $74.00 $87.50 $89.00 NonͲProfitGroups $57.50 $59.00 IrisRoom2withKitchen PerHour,2ͲHourMinimum $78.00 $80.00 $93.00 $95.00 NonͲProfitGroups $63.00 $65.00 IrisRoom2w/oKitchen* PerHour,2ͲHourMinimum $73.00 $7ϱ.00 $88.00 $ϵϬ.00 NonͲProfitGroups $58.00 $59.00 ReservationDeposit(deductedfromtotalrentalfee)Resident NEWResident NonͲResident NEWNonͲResident MSBAtriumandA/B PerRental $300.00 $300.00 MSBSocialHall PerRental$300.00 $300.00 WestboroughBuilding PerRental$300.00 $300.00 TerrabayRecreationCenter PerRental $300.00 $300.00 33 PARKSANDRECREATIONDEPARTMENT JosephFernekesBuilding PerRental $300.00 $300.00 Damage/Overtime/CleanͲupDeposit(refundableifnoviolation)Resident NEWResident NonͲResident NEWNonͲResident MSBAtrium&A/B PerRental $350.00 $350.00 MSBSocialHall PerRental $500.00 $500.00 WestboroughBuilding PerRental $350.00 $350.00 TerrabayRecreationCenter PerRental$350.00 $350.00 JosephFernekesBuilding PerRental $350.00 $350.00 HighRiskEvent PerRental$500.00 $500.00 Insurance(Subjecttochangefrom insurancecompanyyeartoyear)Per Event,dependingonthefacilityand sizeofgroup. *$150.00to$300.00 * GroupSetͲupChargesPerHour PerHour $78.00 $80.00 $78.00 $80.00 ApplicationProcessingFee NonͲrefundable $83.00 $85.00 AlcoholSurcharge: Champagne $26.00 $31.00 Champagne&Wine $52.00 $56.00 Champagne/Wine/Beer $79.00 $81.00 Champagne/Wine/Beer/MixedDrinks $104.00 $106.00 Refunds PreͲSchoolClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees PerSession Add$15.00 Add$15.00 ClassSuppliesFee Slidingscalebasedondirectcostofclasssupplies. $0Ͳ$83.00 $0Ͳ$8ϰ.ϲϲ AnimalAdventures $4.47 $4.ϱϲ ArtAdventureswithParent&Me $5.11 $5.Ϯ1 Claymagic $5.11 $5.Ϯ1 Cooking $5.71 $5.ϴϮ CreativeDance $5.40 $5.ϱϭ FantasticFamilyFun $4.36 $4.ϰϱ ForeignLanguage $6.24 $6.ϯϲ KinderTot $5.23 $5.ϯ3 KindergartenReadiness $5.88 Ψϲ͘ϬϬ Mom’sGym $7.81 $7.ϵϳ MovewithMusic $5.40 $5.ϱϭ PreͲBallet $7.58 $7.ϳϯ PreͲGymnastic $5.99 $ϲ͘ϭϭ PreͲKarate $6.11 $6.Ϯϯ PreͲKarate(2x/week $4.31 $4.ϰϬ With60daysadvancenoticeofcancellation,50%ofthedepositwillbereturnedifthedatecanberesold.With60daysorlessadvance 34 PARKSANDRECREATIONDEPARTMENT PreͲSchoolFun $5.76 $5.ϴϴ ScienceExploration $5.82 $5.ϵϰ SoccerTots $6.17 $6.Ϯϵ StorytimeAdventures $4.54 $4.ϲϯ Terrific3’s $4.54 $4.ϲϯ Toddlergarten $3.30 $3.ϯϳ TotTapper $5.98 $ϲ͘ϭϬ Tumbling $5.98 $ϲ͘ϭϬ Children'sClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees PerSession Add$15.00 Add$15.00 ArtAdventures $8.63 $8.ϴϬ Ballet $7.58 Ψϳ͘ϳϯ BalletComboClass(3daysperweek) $6.07 $6.ϭϵ Cheerleading $4.65 $4͘ϳϰ Computers $12.00 $12.Ϯϰ Cooking $6.00 $6.ϭϮ CreativeMovement&Dance $5.11 $5.Ϯϭ Drama $5.11 $5.Ϯ1 Eskrima $5.76 $5.ϴϴ ExerciseforKids New2021 $5.44 Fencing $9.58 $9.ϳϳ Gymnastics $6.34 $6.ϰϳ IrishStepDancing $6.05 $6.ϭϳ Karate(2x/week)$3.58 $3.ϲϱ KeikiHawaiianDance $6.00 $6.ϭϮ KenpoEskrima $4.65 $4.ϳϰ KnittingforKids $6.00 $6.ϭϮ MathFun $6.24 $6.ϯϲ MexicanFolkDance Persession $23.97 $2ϰ.ϰϱ Painting&Drawing $8.41 $8.ϱϴ RhythmicGymnastics $5.64 $5.ϳϱ SummerMiniCamps(1/2Day) $10.34 $10.ϱϱ TapDance $6.00 $6.ϭϮ TapDance,SemiͲprivate New2021 $9.41 Watercolor $8.41 $8.ϱϴ WritingWorkshop $4.83 $4.ϵϯ AdultClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees,Add PerSession Add$15.00 Add$15.00 Ballet $7.58 $7.ϳϯ BalletComboClass(3daysperweek) $6.07 $6.ϭϵ BallroomDance(Tango,Salsa&Swing) $7.52 $7.ϲϳ BellyDancing $6.58 $6.ϳϭ CakeDecorating $3.77 $3.ϴϱ Ceramics $7.58 $7.ϳϯ ColorAnalysis $5.40 $5.ϱϭ 35 PARKSANDRECREATIONDEPARTMENT Computers $7.22 $7.ϯϲ Cooking $12.15 $12.ϯϵ CountryDance $7.58 $7.ϳϯ DogTraining $15.53 $15.ϴϰ DrawingforTeens $8.41 $8.ϱϴ DyingforCrafters $3.71 $3.7ϴ Eskrima $4.65 $4.ϳϰ Exercise $5.33 $5.ϰϰ ExerciseDropͲIn $3.00Ͳ15.00 $3.Ϭ0Ͳ15.ϱ0 Fencing $9.58 $9.ϳϳ FlowerDesign $4.47 $4.ϱϲ ForeignLanguage $7.22 $7.ϯϲ GardenWorkshop $4.47 $4.ϱϲ Ikebana $4.19 $4.Ϯϳ Jewelry $4.77 $4.ϴϳ Karate(1xweek)$5.60 $5.ϳϭ Karate(2xweek)$4.61 $4.ϳϬ Kickboxing $4.99 $ϱ͘Ϭϵ Knitting $4.47 $4.ϱϲ LineDancing $4.23 $4.ϯϭ MexicanFolkDance/Advanced $5.11 $5.Ϯ1 Painting $8.41 $8.ϱϴ PolynesianDance $6.24 $6.ϯϲ Quilting $4.23 $4.ϯϭ Sewing $6.24 $6.ϯϲ StepAerobics $5.59 $5.ϳϬ Stretch&Tone $5.59 $5.ϳϬ TaiChiChuan $5.64 $5.ϳϱ TapDance $6.29 $6.ϰϮ WaterColors $8.41 $8.ϱϴ Yoga $6.29 $6.ϰϮ MusicClasses Resident NEWResident NonͲResident NEWNonͲResident Guitar,Private $16.81 $1ϳ͘ϭϱ Guitar,Group $7.81 $7.ϵϳ MariachiMusic $5.45 $5.ϱϲ Piano,Private $38.37 $3ϵ.ϭϰ Clarinet/Saxophone,Private $38.37 $3ϵ͘ϭϰ Ukulele,Group $7.81 $7.ϵϳ Voice,Group $5.82 $5.ϵϰ Voice,Private $9.58 $9.ϳϳ TennisClasses Resident NEWResident NonͲResident NEWNonͲResident NonͲResidentClassFees, PerSession Add$15.00 Add$15.00 PrivateLesson Perperson,perhour$39.63 ΨϰϬ͘ϰϮ SemiͲPrivateLessons Perperson,perhour$28.88 $2ϵ.ϰϲ PeeWeeTennis PerHour$7.21 $7.ϯϱ 36 PARKSANDRECREATIONDEPARTMENT JuniorsTeamTennis $10.07 $10.Ϯ7 OtherServices Resident NEWResident NonͲResident NEWNonͲResident ContractualClassesServiceFee SlidingScalebasedonprogramcost $5Ͳ$26 $5Ͳ$26 RegistrationProcessingFee $2.25 $2.ϯϬ CommunityGardenPlot Annually $104 $106.00 ArtistStudioFee PerSq.Ft. $0.52 $0.5ϯ AdultDayCareSlidingFee basedonabilitytopay *$45.00Ͳ$60.00$46.00Ͳ$61.00 $4ϳ.00Ͳ$6Ϯ.Ϯϱ SpecialEvent&RecitalTickets $5.00Ͳ 12.50 $5.00Ͳ 12.50 SeniorMealͲSeniorCenter SeniorMealͲSeniorCenter PerMeal$6.00 $6.00 SeniorTransportationDonation(SuggestPerRide(eachway) $3.50 $3.50 SeniorsProgramFieldTripFee(OutofToPerRide(eachway),inadditiontocost offare $6.00 $6.50 DropͲinSeniorClassFee $5.00Ͳ10.00 $5.00Ͳ10.Ϯϱ DonateͲAͲTree PerTree $207.00 $211.00 ResidentialStreetTreeMaintenance PerTree $103.50 $10ϲ.00 ThanksgivingFunRun: Under12yearsold Registration Free Free Children13Ͳ17yearsold Registration $6.00 $6.00 18andolder PreͲRegistration$21.00 $21.ϱ0 18andolder DayofEventRegistration $31.00 $3Ϯ.00 HalloweenHauntedHouse PerAdmission $6.00 $6.00 RefundableTreePlantingDeposit PerTree$350.00 $35ϳ.00 ProtectedTreePermit PerTree$105.00 $107.00 WholesaleTreePurchasePassͲThroughCPerTree $0Ͳ$500 $0Ͳ$500 Children’sClassesLatePickͲupFee PerMinute $6.00 $6.00 SpecialEventSupportStaff Perhour/perstaffperson $30.00 $31.00 MailNotices PerParcel$0.80 $0.8Ϯ CreditCardTransactionfees PerTransaction 2.2%oftheamount2.2%ofthe amount 2.2%oftheamount2.2%oftheamount 37 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-577 Agenda Date:7/28/2021 Version:1 Item #:11a. Resolution approving proposed amendments to the Master Fee Schedule for Fiscal Year 2021-2022. WHEREAS,the Fiscal Year (FY)2021-22 Master Fee Schedule reflects an up to 2%increase for most fees.It also includes the addition of several new fees,described in the staff report that accompanied this resolution as part of the July 28,2021,City Council meeting.The amount of the new fees do not exceed a reasonable estimate of the costs of providing the associated services; and WHEREAS,the City did not apply any fee changes for FY 2020-21 due to the economic impact on the community as a result of the COVID-19 pandemic; and WHEREAS,best management practices are that the City complete a fee study every three to five years,and apply the change in the Consumer Price Index (CPI) in the intervening years; and WHEREAS,the Bureau of Labor Statistics calculated the change in CPI for All Urban Consumers for the San Francisco -Oakland -Hayward area between April 2020 and April 2021 to be 3.8 percent before seasonal adjustment; and WHEREAS,application of CPI provides a reasonable benchmark for the City to keep pace with the cost to provide the service associated with the fees listed in the Master Fee Schedule; and WHEREAS,due to the global pandemic,South San Francisco has opted to increase the Master Fee Schedule nominally rather than by the full CPI-U. NOW,THEREFORE,BE IT RESOLVED that the City of South San Francisco does hereby adopt the proposed FY 2021-22 Master Fee Schedule (as shown in Exhibit A); and BE IT FURTHER RESOLVED that any fees,charges,and taxes as shown in the FY 2021-22 Master Fee Schedule will become effective immediately,except for increases to existing and any new Development Fees, which will become effective 60 days after the approval of this resolution. ***** City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ &,7<2)6287+6$1)5$1&,6&2 ),6&$/<($5 352326('0$67(5)((6&+('8/( Members of the City Council 0DUN$GGLHJR0DUN1DJDOHV Mayor Vice Mayor -DPHV&ROHPDQ(GGLH)ORUHV )ORU1LFRODV City Officials 0LNH)XWUHOO City Manager 5RVD$FRVWD6N\:RRGUXII)UDQN5LVVR City Clerk City Attorney City Treasurer Exhibit A CITYCLERK FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Agendas,Transcripts,Administrative Codes CC1 Agendas:CityCouncil Annually [6] $42 $43 CC2 SuccessorAgency Annually $37 $38 CC3 OversightBoardoranyotherlegislativebody Annually $37 $38 CC4 Transcripts FolioRate [7] ActualCost ActualCost AdditionalCopies PerPage [7] $0.10 $0.10 SubpoenaProcessingFees CC5 Complyingwitheachsubpoenaanddelivering recordstoattorney,attorney'srepresentative,or depositionofficer PerHr/Per Person [1] $16 $16 CC6 Clericalcostsincurredinlocatingandmaking recordsavailable PerHr/Per Person [4] $26 $27 CC7 Standardreproductionofdocuments81/2x14 inchesorless PerPage [5,7] $0.10 $0.10 CC8 Standardreproductionoflargersizedocuments PerPage [7] $0.20 $0.20 CC9 DailycostforanonͲpublicsafetyemployee requiredtoremaininattendancepursuanttoa subpoena PerDay [8] $158 $161 CC10 Dailycostforapublicsafetyemployeerequired toremaininattendancepursuanttoasubpoena PerDay [8] $291 $275 PoliceͲSworn PerDay [8] $291 $275 Fire PerDay [8] $291 $275 CC11 Dailycostforacustodianofrecordstoappearto describerecords PerDay [8] $158 $161 CC12 Dailycostforpublicsafetycustodianofrecordsto appeartodescriberecords PerDay $291 $297 PoliceͲSworn PerDay [8] $291 $297 Fire PerDay [8] $291 $297 OtherFees CC13 CampaignDisclosureStatements(FPPC)PerPage [9] $0.10 $0.10 CC14 CandidateStatements Deposit [2] $1,035 $1,056 CC15 CandidatesElectionManual (fornonͲcandidates,personswhofailtofile nominationpapers,orwithdrawcandidacy)Flat [7] NoCharge NoCharge CC16 DuplicationofVideotapesontoDVDs/CDs Flat $57 $58 CC17 PreparingProofofResidenceLettersor NotarizingProofofLivingDocuments Flat $9.00 $9 CC18 Postage Flat ActualCost ActualCost CC19 DuplicationofCouncilmeetingaudiofiletoCD PerCD $20 $20 CC20 CopyofCD/DVD Externalfile PerCD $13 $13 NonͲexistingfile PerCD $20 $20 CityClerkMeeting PerCD $28 $29 CityͲWideReproductionofPrinted Matter CC21 Blueprinting: BlueLinecopies Pers.f. [7] ActualCost ActualCost SepiaLinecopies($4minimum)Pers.f. [7] ActualCost ActualCost 1 CITYCLERK FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 CC22 Photocopyingofallitemsnototherwiselistedin thisMasterFeeSchedule PerPage [3,5,7] $0.10 $0.10 CC24 Publishedmaterialsforwhichthereisastated cost.Flat [7] ActualCost ActualCost CC25 HourlyRate: CityClerk $113 $115 [Notes] [1],[2],[3]SourcedfromclientprovidedPDF"FY16Ͳ17 [4] Thisfeedoesnotincludechargesfortimespent byCitystaffgatheringCityrecordsunderthe PublicRecordsAct.Rather,itchargesfortime spentcompilingandgatheringdataandputtingit intoanotherformatrequestedbyamemberof thepublic,whichisnotcoveredunderthePublic RecordsAct.Notethatrequestsforanalysisor compilationofCitydataarediscretionary requests,andaredependentonstaffavailability andtimeconstraints. [5]PerPublicRecordsAct($.10perpage).Tencents ($0.10)perpageforstandard [6]Agendasthatareemailedhavenocharge. [7] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [8]Maximumdailycost. [9] SetbyGovernmentCode81008at$0.10 perpage CITYMANAGER FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 CM1 FilmPermit PerPermit [1]$573 $584 [Notes] [1] SourcedfromclientprovidedPDF"FY16Ͳ17 MasterFeeSchedule" 2 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PlanningDivision PublicHearingCases PL1 PlannedUnitDevelopment Deposit [5] $9,844 $10,041 PL2 PrecisePlan Deposit [5] $9,844 $10,041 PL3 PrecisePlanModification(ResidentialOnly)Deposit [5] $6,391 $6,519 PL4 ConditionalUsePermit: ResidentialorCivicUse Per Application [5] $3,461 $3,530 AllOthers Per Application [5] $4,488 $4,578 PL5 ConditionalUsePermitModification Flat [1,5] $2,333 $2,380 PL6 TemporaryUsePermit PerPermit [5] $1,647 $1,680 PL7 MinorUsePermit Residential PerPermit [5] $1,900 $1,938 AllOthers PerPermit $1,725 $1,760 SmallCell PL7A MasterLicensingAgreement(MLA)Deposit Deposit $4,140 $4,223 forCityͲownedpolesorstructures UsePermit Deposit $4,347 $4,434 ForprivatelyͲownedpolesorstructures AdministrativeDeposit perpole $983 $1,003 AttachmentFee/AnnualRent perpole $1,553 $1,584 PL8 ZoningAmendment(Text) Deposit $8,625 $8,798 PL9 RezoningMap Deposit $8,625 $8,798 PL10 SiteClearance/ZoningVerification PerVerification $173 $176 PL11 SpecificPlan Deposit [5] $21,074 $21,495 PL12 Variance Foreach variance $4,312 $4,398 PL13 GeneralPlanAmendments Deposit [5] $9,841 $10,038 PL14 MasterPlan Deposit [5] $20,898 $21,316 3 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PlanningDivision PL15 DevelopmentAgreement Deposit [5] $18,422 $18,790 PL16 AppealofthePlanningCommission'sDecisionto theCityCouncilby: Applicant Flat $1,725 $1,760 AdjacentPropertyOwner Flat $862 $879 CityResident Flat $1,725 $1,760 HomeownersAssociation Flat $1,725 $1,760 AllOthers Flat $1,725 $1,760 PL17 AppealoftheChiefPlanner'sdecisiontothe PlanningCommissionbyanyparty PerAppeal $862 $879 PL18 TimeExtensionͲNonͲConformingUse Per Extension $862 $879 PL19 TimeExtensionforaUsePermit,PlannedUnit DevelopmentPermit,NonͲConformingStatus Permit,andforallOtherPermitsandMaps PerExtension $862 $879 PL20 TransportationDemandManagementPlan: InitialFilingFee Deposit $1,208 $1,232 AnnualMonitoring(plussurveycost)Deposit $1,725 $1,760 TriͲannual Deposit [2] $1,725 $1,760 PL21 Modifications&Waivers Minor(StaffReview)Flat $259 $264 Major(PlanningCommissionReview)Deposit $1,725 $1,760 PL22 DesignReviewͲSigns: TypeA(upto25sq.ft.)PerApplication $173 $176 TypeB(upto100sq.ft.)PerApplication $862 $879 TypeC/MasterSign PerApplication $1,725 $1,760 PL23 DesignReviewͲSingleFamilyResidential/Newor Additionsto2or3Units PerApplication [5] $1,212 $1,236 PL24 DesignReviewͲMultiͲFamilyResidential/ Subdivisions4orMoreUnits/Modifications/ Additionsto4orMoreUnits PerApplication [5] $2,161 $2,204 PL25 DesignReviewͲCommercialandIndustrial PerApplication [5] $2,599 $2,651 PL26 DesignReviewͲProjectsRequiringPlanning CommissionApproval Deposit [5] $2,464 $2,513 PL27 DesignReviewͲResubmitted(after2reviewsby DesignReviewBoard)Flat [5] $2,509 $2,559 PL28 EnvironmentalDocumentFeesͲCategorical Exemption Flat $173 $176 PL29 EnvironmentalDocumentFeesͲInitialStudy, NegativeDeclaration,MitigatedNegative DeclarationandotherContractPlanningStudies Deposit [2] $5,175 $5,279 PL30 EnvironmentalDocumentFeesͲEnvironmental ImpactReport(EIR)Deposit [3] $10,349 $10,556 PL31 SubdivisionsͲTentativeSubdivisionMap Flat $862 $879 4 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PL32 SubdivisionsͲTentativeParcelMap Flat $173 $176 PL33 Documents,MapsandPlansͲReproductionof DocumentsandMaps PerPage RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule MiscellaneousFees PL34 MinorChangestoApprovedPermit Flat $173 $176 PL35 DatabaseMaintenanceFee PerBuilding Permit [4] $27 $28 PL36 InspectionFees:Additionalvisits PerInspectionPer Application $345 $352 PL37 CertificateofAlteration Each $1,725 $1,760 PL38 GeneralPlanMaintenanceFee [4] 0.16%ofBuildingPermit valuation>$100K 0.16%ofBuilding Permitvaluation> $100K PL39 CulturalArtsContribution/UnitLandscapingCost Persq.ft. [4] $8$8 PL40 CityAttorneyCostRecoveryFee Deposit [4] ActualCost* ActualCost* *Actualcostwith$2,000deposit;$5,000deposit forprojectsrequiringEnvironmentalImpact Reports,DevelopmentAgreements,SpecificPlan, PrecisePlanand/orGPA(InitialDepositͲany additionalcostsarerequiredtobereimbursedby theapplicant) [June22,2011;R85Ͳ2011] PL41 Economic&CommunityDevelopmentParking Exemption Each $1,725 $1,760 PL42 Economic&CommunityDevelopmentParking DistrictAnnexationFee Deposit $8,625 $8,798 PL43 LegalNotices,otherthanZoningorGeneralPlan Amendments Deposit $518 $528 PL44 LegalNoticesforZoningandGeneralPlan Amendments Deposit $518 $528 PL45 DuplicationofPlanningCommissionMeeting PerCopy RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule PL46 ZoningVerificationLetter Flat $862 $879 PL47 ZoningAdministratorDecision Flat $862 $879 PL48 CertificateofConvenienceandNecessity(taxi)Flat $173 $176 PL49 SidewalkDiningPermit(Annual)Flat $518 $528 PL50 HourlyRateͲPlanning Flat $173 $176 PL51 SingleFamilyResidential(NeworRemodel)Each *NewFee $606 PL52 MultiͲFamily/Commercial/Industrial(Newor TenantImprovement) PercentageofBuilding PermitFee *NewFee 5% PL53 ConstructionCoordinationforActiveBuilding Permits PercentageofBuilding PermitFee *NewFee 3% PL54 CreditCardTransactionfees PerTransaction 2.2%oftheamount2.2%oftheamount 5 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ PLANNINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 [Notes] [1] Thegreaterof1/2theConditionalUsePermitfee or$400foreach [2] Consultantcosts,plus15%or$500,whicheveris greater. [3] Consultantcosts,plus15%or$1,000,whichever isgreater. [4] PlaceholderforMasterFeeSchedule(MFS);not includedincost [5] Includessupportcostsfromotherdepartments (PWͲEng,FireandPolice) ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ HOUSINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 DevelopmentApplicationIncludingAffordable Housing H1 Application(reviewBMRPlan) Each *NewFee $514 H2 AgreementPreparation Each *NewFee $579 H3 AgreementPreparationͲwithwaiveror Modification Each *NewFee $966 InitialSaleofForͲSaleBMRUnits H3 Lessthan10BMRunits Each *NewFee $282 H4 10Ͳ50BMRunits Each *NewFee $334 H5 Morethan50BMRunits Each *NewFee $462 H6 ConsultantCosts Each *NewFee ActualCost InitialLeaseUpofRentalBMRUnits H7 Lessthan10BMRunits Each *NewFee $282 H8 10Ͳ50BMRunits Each *NewFee $334 H9 Morethan50BMRunits Each *NewFee $462 H10 NonͲprofit,fullyͲaffordableproject Each *NewFee $128 H11 ConsultantCosts Each *NewFee ActualCost BMRMonitoring H12 Condos(perunit) Each *NewFee $51 H13 Rentals(perdevelopment) PerDevelopment *NewFee $166 Refinanceand/orSubordinationofAgreement orLoan H14 SingleFamilyorCondo Each *NewFee $322 H15 MultiͲFamily Each *NewFee $733 H16 PayoffDemand Each *NewFee $51 H17 ResaleAdministrationͲSingleFamily/Condo Each *NewFee $1,628 RealEstateTransactions H18 InitialConsiderationforPurchaseOffers Each *NewFee $847 TaxEquityandFiscalResponsibility H19 TEFRAHearing Each *NewFee $1,252 6 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 BuildingInspectionDivision InspectionsandReͲinspections Building,Plumbing,Electrical,and MechanicalforResidentialand Commercial BL1 InspectionsorReͲinspectionsOutsideNormal BusinessHours PerHour $112 $114 BL2 ReͲinspectionsDuringNormalBusinessHours PerHour $112 $114 BL3 BuildingInspection $0Ͳ$500 basefee@$500 $84 $86 $501 basefee@$500 $84 $86 eachadditional$100orfractionthereof eachadd'l$100 $2 $2.04 $2,001 basefee@$2,000 $112 $114 eachadditional$1,000orfractionthereof eachadd'l$1,000 $24 $24.48 $25,001 basefee@$25,000 $672 $685 eachadditional$1,000orfractionthereof eachadd'l$1,000 $27 $27.54 $50,001 basefee@$50,000 $1,342 $1,369 eachadditional$1,000orfractionthereof eachadd'l$1,000 $13.42 $13.69 $100,001 basefee@$100,000 $2,014 $2,054 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.39 $8.56 $500,001 basefee@$500,000 $5,371 $5,478 eachadditional$1,000orfractionthereof eachadd'l$1,000 $16.11 $16.43 $1,000,001 basefee@$1,000,000 $9,398 $9,586 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.68 $1.71 $3,000,001 basefee@$3,000,000 $16,781 $17,117 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.07 $2.11 $5,000,001 basefee@$5,000,000 $20,138 $20,541 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.89 $0.91 $10,000,001 basefee@$10,000,000 $24,613 $25,105 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.89 $0.91 $25,000,001 basefee@$25,000,000 $38,038 $38,799 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.45 $0.46 $50,000,001 basefee@$50,000,000 $49,226 $50,211 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.98 $1.00 BL4 BuildingPlanChecking(3PlanReviews)ͲExisting Residential $0Ͳ$500 basefee@$500 $28 $29 $501 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $1.86 $1.90 $2,001 basefee@$2,000 $54 $55 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.52 $8.69 7 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 $25,001 basefee@$25,000 $279 $285 eachadditional$1,000orfractionthereof eachadd'l$1,000 $11.19 $11.41 $50,001 basefee@$50,000 $493 $503 eachadditional$1,000orfractionthereof eachadd'l$1,000 $11.19 $11.41 $100,001 basefee@$100,000 $1,119 $1,141 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.59 $5.70 $500,001 basefee@$500,000 $3,357 $3,424 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.47 $4.56 $1,000,001 basefee@$1,000,000 $5,594 $5,706 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.59 $5.70 BL5 BuildingPlanChecking(3PlanReviews)ͲNew Residential&Commercial $0Ͳ$500 basefee@$500 $31 $32 $501 basefee@$500 $31 $32 eachadditional$100orfractionthereof eachadd'l$100 $1.86 $1.90 $2,001 basefee@$2,000 $70 $71 eachadditional$1,000orfractionthereof eachadd'l$1,000 $13.38 $13.65 $25,001 basefee@$25,000 $348 $355 eachadditional$1,000orfractionthereof eachadd'l$1,000 $15.66 $15.97 $50,001 basefee@$50,000 $562 $573 eachadditional$1,000orfractionthereof eachadd'l$1,000 $15.66 $15.97 $100,001 basefee@$100,000 $1,566 $1,597 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.91 $3.99 $500,001 basefee@$500,000 $3,133 $3,196 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.16 $7.30 $1,000,001 basefee@$1,000,000 $6,713 $6,847 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.24 $2.28 $3,000,001 basefee@$3,000,000 $11,187 $11,411 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.35 $3.42 $5,000,001 basefee@$5,000,000 $17,900 $18,258 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.35 $1.38 $10,000,001 basefee@$10,000,000$24,613 $25,105 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.60 $0.61 $25,000,001 basefee@$25,000,000$33,563 $34,234 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.18 $0.18 $50,000,001 basefee@$50,000,000$38,038 $38,799 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.77 $0.79 BL5.1 ExpeditedBuildingPlanCheckFee 35%of plancheckfee 35%of plancheckfee BL6 PermitProcessingͲInitialProjectInput,Fee Collection(IncludesExisiting/NewResidential& CommercialFees)$224 $228 BL6.1 PermitProcessingͲInitialProjectInput,Fee Collection(IncludesMechanical,Plumbingand ElectricalFees)$37 $38 BL7 PlanCheckingͲMechanicalandPlumbing (Includes3PlanReviews) $0Ͳ$500 basefee@$500 $28 $29 $500 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $11.19 $11.41 $1,000 basefee@$1,000 $56 $57 eachadditional$500orfractionthereof eachadd'l$500 $7.00 $7.14 $3,000 basefee@$3,000 $70 $71 eachadditional$500orfractionthereof eachadd'l$500 $20.98 $21 $5,000 basefee@$5,000 $112 $114 eachadditional$500orfractionthereof eachadd'l$500 $11.19 $11.41 $10,000 basefee@$10,000 $168 $171 eachadditional$500orfractionthereof eachadd'l$500 $16.78 $17.12 8 ECONOMIC&COMMUNITY DEVELOPMENTDEPARTMENTͲ BUILDINGDIVISION FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 BL8 PlanCheckingͲElectrical(Includes3Plan Reviews) $500 basefee@$500 $28 $29 eachadditional$100orfractionthereof eachadd'l$100 $11.19 $11.41 $1,000 basefee@$1,000 $56 $57 eachadditional$500orfractionthereof eachadd'l$500 $7.00 $7.14 $3,000 basefee@$3,000 $70 $71 eachadditional$500orfractionthereof eachadd'l$500 $20.98 $21.40 $5,000 basefee@$5,000 $112 $114 eachadditional$500orfractionthereof eachadd'l$500 $11.19 $11.41 $10,000 basefee@$10,000 $168 $171 eachadditional$500orfractionthereof eachadd'l$500 $16.78 $17.12 BL8.1 Title24EnergyPlanCheckSurcharge 25%of plancheckfee 25%of plancheckfee BL9 AdditionalPlanReviewRequiredbyChanges, additionsorrevisionstoapprovedplans PerHalfͲHour $56 $57 BL10 StateMandatedTrainingFeeCost PerPermit $8.00 $8 BL11 DigitalPlanRetention deletedmicrofilmingͲ sameasDPR $0.04perstandardpage. $1.01peroversizedpage. $0.05permicrofichescan. $0.04perstandard page. $1.03peroversized page. $0.05permicrofiche scan. BL12 RecordCopying Perpage RefertoCityClerk FeeSchedule RefertoCityClerk FeeSchedule BL13 CaliforniaAccessSpecialistProfessional(CASp)ActualCost+ CWoverhead ActualCost+ CWoverhead BL14 ConstructionandDemolition(Projects>$5,000 demolitionandnewconstruction>$50,000)Deposit [2] $52/ton; $200minimum $53/ton; $200minimum BL15 WasteManagementPlanDeposit Deposit [1] $52/ton; $100minimum $53/ton; $100minimum BL16 CommercialPhotovoltaic Flat [3] $391 $399 BL17 ResidentialPhotovoltaic Flat [3] $224 $228 BL18 HourlyRateͲBuilding Flat $112 $114 BL19 DatabaseMaintenanceFee PerPermit $27 $28 BL20 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1] Depositrequired@$50/ton.$100minimumper [2] Depositrequired@$50/ton.$200minimumper plan,$50,000maximumdeposit [3] CAGovt.CodeSS66015limitsRes.$500 maximum;Comm.$1,000Maximum 9 FINANCEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 FeesfortheAnnualBudget, ComprehensiveAnnualFinancial Report,andOtherMaterials F1 BusinessLicense: MasterList PerList $9.00 $9 MonthlyUpdate PerUpdate $9.00 $9 DatabaseMaintenanceFee PerLicense $27 $28 F2 OverdueInvoices($10minimum)Monthly [1,3] 1%ofBill 1%ofBill F3 CannabisOpeartorFees CannabisOperatorPermitApplication PerApplication $7,791 $7,947 CannabisBusinessInspection PerInspection $373 $380 CannabisOperatorPermit PerBusiness $15,809 $16,125 F4 ReturnedChecksDuetoInsufficientFunds PerCheck [2] $25 $26 F5 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1] Onepercentmonthlybeginning60daysafterthe dateonwhichthebillwasdue. [2] PerCACivilCode;1stNSFCheckislimitedto$25 fee;eachsubsequentNSFcheckislimitedto$35 fee [3] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Alarms,AnimalControl,Fingerprinting P1 Fingerprints Allindividuals(CityEmployeesexcluded)PerPerson [1] $58 $59 LiveScanFingerprinting $75 $77 Permits P2 AlarmRegistration(Commercial) New/Renewal Flat $27 $28 P3 FalseAlarmFines [2] 2ndalarm(Within12monthsof1stalarm)Peralarm $106 $108 3rdalarm(Within12monthsof1stalarm)Peralarm $211 $215 4thandotheradditionalalarmswithin12 monthsofthe1stpreventablealarm Peralarm $529 $540 FalseAlarmResponse(average)Flat [8] P4 FalseAlarmFineAppeal Perappeal $58 $59 P5 Bingo PerPermit [7] $58 $59 InitialPermit(Refundableifdenied)Flat $58 $59 AnnualRenewal PerRenewal $539 $550 P6 CardroomI.D.Card: InitialOperatorPermit Flat $1,803 $1,839 InitialEmployeePermit Flat $359 $366 AnnualRenewal(foroperator&employee permit)Flat $90 $92 Replacement Flat $90 $92 P7 CabCompany Perindividual $58 $59 DriverRenewalPermit Flat $58 $59 P8 VehiclesforHire: InitialCertificateofConvenienceand Necessity Perindividual $7,223 $7,367 CertificateofRenewal PerDriver $180 $184 P9 SpecialEventPermit Flat [5] $264 $269 10 POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 NonͲProfitGroup/CharityEvent Flat [5] $185 $189 P10 JunkCollector Perindividual $90 $92 P11 MassageEstablishmentorBathHouse: InitialPermit Perindividual $1,803 $1,839 AnnualRenewal Perindividual $180 $184 P13 Pawnbroker/SecondhandGoodsBackground Investigation: Dealer PerPermit $1,803 $1,839 Employee PerPermit $359 $366 P14 FortuneTelling PerPermit $1,803 $1,839 P15 TowVehicleOperator: InitialPermit/AnnualRenewal Flat $180 $184 TowVehicleDriverPermit(FiveͲYear)PerDriver $180 $184 P16 Renewal: TowServiceFranchiseFee PerVehicle $53 $54 ReplacementofLost,Stolen,orMutilated Permits PerPermit $42 $43 ReissuedPermits PerPermit $42 $43 P17 PhotographsͲDigitalPhotographsonDisks PerCopy $58 $59 11 POLICEDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 MiscellaneousFees P18 VehicleAbatement PerVehicle [3] $359 $366 P19 VideoTape PerCopy $53 $54 P20 DVDVideo PerCopy $53 $54 P21 InCar/BodycamVideoͲDVD PerCopy $106 $108 P22 CassetteTape PerCopy $53 $54 P23 CDͲAudio PerCopy $53 $54 P24 PoliceReports PerPage RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule P25 SpecialPersonnelServices [4] SecurityPersonnel(PoliceOfficer) StaffPoliceOfficer PerHour $116 $118 DiscountedRateforSSFUSD PerHour $95 $97 P26 Transcripts RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule P27 EmergencyResponsetoDrivingUnderthe Influce(DUI)Accidents [5,6] ActualCosts ActualCosts IncidentResponse(includesAccident,Hazmat, DUIorotherincident)[5] ActualCosts ActualCosts P28 TowedVehicleRelease,NegligentOperator PerVehicle $180 $184 P29 PlanCheck&ConditionFormulation(Bldg)flat $180 $184 P30 SiteInspections Hourly $180 $184 P31 FirearmStorageAdministrationFee SingleFirearm Flat $359 $366 EachAdditionalWeapon Flat $359 $366 P32 AmmunitionStorageAdministrationFee $143 $146 P33 ClearanceLetter Flat $10 $10 P34 HourlyRate: Sworn $180 $184 NonͲSworn $106 $108 P35 DatabaseMaintenanceFee PerPermit $27$28 P36 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Uptothreecardsperindividual. [2]Resetseverycalendaryear. [3]Onpublicroadwayonly. [4] Hourlysalaryplus40%forbenefitsplus30%in administrationcharges;30Ͳminute [5] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [6]CAGC53150Ͳ53159DUIMaximum$12,000 [7]Penalcode:SSFMCCh.6.32 [8]ForInformationalPurposeonly 12 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F1 FireServiceAmbulanceTransportaionͲALSI Transport $2,018 $2,058 F2 FireServiceAmbulanceTranportationͲALSII $2,018 $2,058 F3 FireServiceAmbulanceTransportationͲBLS (Emergency)$2,018 $2,058 F4 FireServiceAmbulanceTransportationͲBLS (NonͲEmergency)$704 $718 F6 ContractedBLSInterͲFacility Flat [5] $415 $423 F7 Mileage(Alllevels)PerMile [3] $53 $54 F8 Oxygen Flat [3] $127 $130 FireServiceEMSTraining F9 FirstͲAid/AdultCPR/AEDClassesforResidents (costoftextbookandcertificationcard) Perperson [3] $31 $32 F10 FirstͲAid/CPR/AEDClassesforNonͲResidents Perperson [3] $106 $108 F11 FirstͲAid/CPRClassesforSSFBusinesses Perperson [3] $58 $59 F12 Heartsaver®CPR/AEDCommunityClasses Perperson [3] $53 $54 F13 PediatricEducationforPreͲhospital Professionals(ForresidentsandnonͲresidents)Perperson [3] $127 $130 F14 AmericanHeartAssociation"ProfessionalLevel" coursesforthepublicandotheroutside agencies ACLSKnowledgeandSkillsReview Workshops Perperson [3] $185 $189 F15 InitialRecognition: PediatricAdvancedLifeSupport(PALS)Perperson [3] $248 $253 AdvanceCardiacLifeSupport(ACLS)Perperson [3] $248 $253 BasicLifeSupportͲHealthCareProvider(BLS HCP)Perperson [3] $80 $82 F16 ReͲrecognition: PediatricAdvancedLifeSupport(PALS)Perperson [3] $201 $205 AdvanceCardiacLifeSupport(ACLS)Perperson [3] $201 $205 BasicLifeSupportͲHealthCareProvider(BLS HCP)Perperson [3] $53 $54 F17 LeadEKGClass Perperson [3] $211 $215 F18 GeriatricEducationforEmergencyMedical Services Perperson [3] $201 $205 F19 InfrequentParamedicSkills Perperson [3] $85 $87 F20 OtherEMSContinuingEducationClasses PerHourPerPerson [3] $8.28 $8͘ϰϱ F21 StudentMaterials,Supplies,etc.Requiredto Participate ActualCost ActualCost 13 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F22 CertificationFeesrequiredbyCertifying Authority(EMTInstruction)Flat $5.18 $5.28 FireTrainingDivision F23 EmergencyResponseTeamClass(Incl.Fire extinguishertraining)PerHourPerPerson [5] $29 $30 F24 PermitRequiredConfinedSpaceClass PerHourPerPerson [5] $29 $30 F25 HazardousMaterialsResponderClass PerHourPerPerson [5] $29 $30 F26 TechnicalRescueClass PerHourPerPerson [5] $29 $30 F27 VehicleExtricationClass PerHourPerPerson [5] $29 $30 F28 OtherFireTrainingContinuingEducationClasses PerHourPerPerson [5] $29 $30 F29 StudentMaterials,Supplies,etc.Requiredto Participate ActualCost ActualCost F30 CertificationFeesrequiredbyCertifying Authority Flat ActualCost ActualCost FirePreventionDivisionPermitsand Fees FireProtectiveSystemsConstruction Permit F32 ConstructionWithoutaPermit [3] 2Timescostof Permit 2Timescostof Permit F33 FireProtectiveStsytemsInspectionFees (InspectionͲincludes2inspections) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $527 $538 $6,001 basefee@$6,000 $527 $538 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $703 $717 eachadditional$1,000orfractionthereof eachadd'l$1,000 $14.06 $14.34 $50,001 basefee@$50,000 $1,054 $1,075 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.03 $7.17 $100,001 basefee@$100,000 $1,406 $1,434 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.39 $4.48 $500,001 basefee@$500,000 $3,162 $3,225 eachadditional$1,000orfractionthereof eachadd'l$1,000 $7.73 $7.88 $1,000,001 basefee@$1,000,000 $7,027 $7,168 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.88 $0.90 3,000,001 basefee@$3,000,000 $8,783 $8,959 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.88 $0.90 5,000,001 basefee@$5,000,000 $10,539 $10,750 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.48 $0.49 10,000,001 basefee@$10,000,000 $12,882 $13,140 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.48 $0.49 25,000,001 basefee@$25,000,000 $19,908 $20,306 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.23 $0.23 50,000,001 basefee@$50,000,000 $25,763 $26,278 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.52 $0.53 F34 ConstructionWithoutaPermit [3] TwoTimesCostofPermit TwoTimesCostof Permit 14 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 OtherFirePreventionInspections F35 AnnualFireInspection(Basic)Flat $264 $269 F36 NonͲConstructionFireReͲinspectionFee Flat $176 $180 F37 InspectionsOutsideNormalBusinessHours(2 hourminimum)Flat $176 $180 F38 ConstructionReͲinspectionFees Flat $176 $180 F39 InspectionforWhichaFeeisnotSpecifically Indicated Flat $176 $180 F40 AnnualHighͲriseBuilding(2Hr.Minimum)Flat $176 $180 F41 NewOccupancy/Business Flat $351 $358 F43 GroupR,Division1OccupanciesandGroupR, Division2with3orMoreDwellingUnitsPer Building 0Ͳ10 Perlivingunit $264 $269 11Ͳ30 Perlivingunit $351 $358 31Ͳ50 Perlivingunit $527 $538 >50;each50 Perlivingunit $703 $717 F45 Title19,5YearAutomaticFireSprinkler Certification PerSystem $351 $358 F46 PreͲinspectionofResidentialCareFacilities Flat $351 $358 OperationalPermits F48 OperationalPermitformultipleoccupancy permits(feetobechargedforsecondand subsequentadditionaloccupancypermitsfor inspectionsconductedonsamesitevisit)Flat $58 $59 F49 AerosolProducts Flat $351 $358 F50 Assemblies Flat $351 $358 F51 WasteHandling Flat $351 $358 F52 BatterySystems PerSystem $351 $358 F53 CandlesandOpenFlamesinAssemblyAreas PerAssembly $176 $180 F54 CombustibleFiberStorage Flat $351 $358 15 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F55 Misc.CombustibleMaterialStorage Flat $351 $358 F56 CommercialRubbishͲhandlingOperation Flat $351 $358 F57 CompressedGases PerSystem $176 $180 F58 Cryogens PerSystem $527 $538 F59 DryCleaningPlants Flat $527 $538 F60 DustProducingOperations Flat $527 $538 F61 FireAlarm PerBuilding $527 $538 F62 FlammableofCombustibleLiquids,Store,Handle, orUse.PerTank $527 $538 F63 HazardousMaterialsStorage,TransportonSite, Dispense,Use,orHandleChemicals PerBuilding [1] $703 $717 F64 HazardousMaterialsinExcessbyClassifications; Store,TransportonSite,Dispense,Use,orHandle ChemicalsinExcessofAmountsListedinTable 105ͲC Perclassofchemicalat eachlocation $351 $358 F65 HighͲpiledStorage PerLocation $703 $717 F66 InstitutionsandDayCare PerLocation $351 $358 F67 LargeFamilyDayCare PerLocation $351 $358 F68 Lumberyards Flat $703 $717 F69 LiquefiedPetroleumGases PerTank $351 $358 F70 MagnesiumWorking Flat $351 $358 F71 MotorVehicleFuelDispensingStations PerLocation $351 $358 F72 OrganicCoatings Flat $351 $358 F73 Ovens,IndustrialBakingorDrying PerOven $176 $180 F74 PermitͲRequiredConfinedSpace PerSpace $351 $358 F75 PyrotechnicalSpecialEffectsMaterial Flat $703 $717 F76 RadioactiveMaterials PerLocation $351 $358 F77 RefrigerationEquipment PerSystem $176 $180 F78 ResidentialCareandResidentialCareforthe Elderly PerLocation $351 $358 F79 RepairGarages Flat $351 $358 F80 SprayingorDipping PerTank $351 $358 F81 TireStorage Flat $527 $538 16 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F82 WoodProducts Flat $351 $358 F83 WieldingandCuttingOperations PerLocation $527 $538 F84 FailuretoObtainaPermit Varies [3] TwoTimesPermitCost TwoTimesPermitCost F86 FlammableorCombustibleLiquids;Remove, Install,Construct,AlterorAbandonan UndergroundorAboveGroundTank PerTank $703 $717 F87 HazardousMaterials;Install,Repair,Abandon, Remove,PlaceͲOutͲofͲService,TanksorPiping, CloseorSubstantiallyModifyaStorageFacility PerTank $703 $717 SpecialActivityPermits F89 CandlesorOpenFlamesinAssemblyAreas PerEvent $351 $358 F90 CarnivalsandFairs PerEvent $703 $717 F91 ChristmasTreeLots PerEvent $703 $717 F92 ExplosivesorBlastingAgents Flat $703 $717 F93 FireHydrantsandWaterͲControlValves PerEvent $351 $358 F95 FireworksDisplaysbyaLicensedProfessional PerEvent $703 $717 F96 Fumigation/ThermalInsecticide Per Occurrence $176 $180 F98 ParadeFloats PerEvent $351 $358 F99 TemporaryMembraneStructures(tents)PerStructure $351 $358 F101 FailuretoObtainaPermit Varies [3] TwoTimesPermitCost TwoTimesPermitCost MiscellaneousFirePreventionFees F102 HazardMitigationFee(Includesallother incidenttypes)[2,3] ActualCost ActualCost F103 MinimumFireProtectionSystemPlanCheck For<$6,000 valuation $176 $180 F104 ApplicationforUseofAlternateMethodsof Protection PerRequest $264 $269 F105 EmergencyResponseDUICostRecovery [2,3,4] ActualCost ActualCost F106 EmergencyResponseHazmatCostRecovery [2,3] ActualCost ActualCost F107 Investigations Hourly $176 $180 17 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F108 FireandLifeSafetyͲPlanCheck(Includes2 checksand1reͲcheck) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $88 $90 $6,001 basefee@$6,000 $88 $90 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $176 $180 eachadditional$1,000orfractionthereof eachadd'l$1,000 $14.06 $14.34 $50,001 basefee@$50,000 $351 $358 eachadditional$1,000orfractionthereof eachadd'l$1,000 $42.16 $43.00 $100,001 basefee@$100,000 $2,810 $2,866 eachadditional$1,000orfractionthereof eachadd'l$1,000 $10.54 $10.75 $500,001 basefee@$500,000 $7,027 $7,168 eachadditional$1,000orfractionthereof eachadd'l$1,000 $8.44 $8.61 $1,000,001 basefee@$1,000,000 $11,242 $11,467 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.74 $3.81 $3,000,001 basefee@$3,000,000 $18,737 $19,112 eachadditional$1,000orfractionthereof eachadd'l$1,000 $5.62 $5.73 $5,000,001 basefee@$5,000,000 $29,979 $30,579 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.25 $2.30 $10,000,001 basefee@$10,000,000 $41,221 $42,045 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.00 $1.02 $25,000,001 basefee@$25,000,000 $56,211 $57,335 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.30 $0.31 $50,000,001 basefee@$50,000,000 $63,705 $64,979 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.27 $1.30 F108.1 ExpeditedFirePlanCheckFee 35%of plancheckfee 35%of plancheckfee F109 FireProtectionSystemsͲPlanCheck(Includes2 checks&1reͲcheck) $0Ͳ$6,000 Minimumbasefeeupto $6,000 $176 $180 $6,001 basefee@$6,000 $176 $180 eachadditional$1,000orfractionthereof eachadd'l$1,000 $9.24 $9.42 $25,001 basefee@$25,000 $351 $358 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.51 $3.58 $50,001 basefee@$50,000 $439 $448 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.76 $1.80 $100,001 basefee@$100,000 $527 $538 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.31 $1.34 $500,001 basefee@$500,000 $1,054 $1,075 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.51 $3.58 $1,000,001 basefee@$1,000,000 $2,810 $2,866 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.93 $0.95 $3,000,001basefee@$3,000,000 $4,684 $4,778 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.41 $1.44 $5,000,001basefee@$5,000,000 $7,494 $7,644 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.56 $0.57 $10,000,001basefee@$10,000,000 $10,305 $10,511 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.25 $0.26 $25,000,001basefee@$25,000,000 $14,052 $14,333 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.07 $0.07 $50,000,001basefee@$50,000,000 $15,927 $16,246 eachadditional$1,000orfractionthereof eachadd'l$1,000 $0.32 $0.33 F109.1 ExpeditedPlanCheckFee 35%ofplancheck 35%ofplancheck F111 AdditionalFirePlanReview(2hr.minimum)Each reviewbeginningwith4thresubmittal.Hourly $176 $180 F112 FireWatch [2] ActualCost ActualCost F113 KeyBoxService PerLocation $88 $90 18 FIREDEPARTMENT FeeNo. FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 F114 PreventableFalseAlarms 2ndalarm(Within12monthsof1stalarm)Flat [3] $106 $108 3rdalarm(Within12monthsof1stalarm)Flat [3] $211 $215 4thandotheradditionalalarmswithin12 monthsofthe1stpreventablealarm Flat [3] $529 $540 F117 PlanDigitizingFee $0.06perletter; $0.80perplan; $0.06perimage $0.06perletter; $0.82perplan; $0.06perimage Miscellaneous F124 ReproductionofPrintedFireandParamedic Reports PerPage [3] RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule F126 HourlyRate: Prevention:Hourly $176 $180 EmergencyServices: EngineCompany(3person)Hourly $444 $453 Ambulance(2person)Hourly $296 $302 F127 DatabaseMaintenanceFee PerPermit $27$28 F128 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Foreachlocation/buildingthatcontains55gallons ormoreofaliquid,500poundsormore [2] Thecostshallincludetheprovisionofscene supervision,overhead,equipment,hourly [3] PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [4] AMR/KaiserAgreement;notincludedincost analysis;feesetperagreement [5]Classsizeratiousedis1:6 19 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 EngineeringDivision PlanCheck/Inspectionand Encroachment PW1 ImprovementPlanCheckͲ(covers2planchecks andreͲcheck) CostofImprovments Upto$50,000 Minimumbasefeeupto $50,000 $609 $621 $50,001 basefee@$50,000 $912 $930 eachadditional$1,000orfractionthereof eachadd'l$1,000 $6.21 $6.33 $100,001 basefee@$100,000 $1,216 $1,240 eachadditional$1,000orfractionthereof eachadd'l$1,000 $23 $23.46 $250,001 basefee@$250,000 $4,561 $4,652 eachadditional$1,000orfractionthereof eachadd'l$1,000 $6.21 $6.33 $500,001 basefee@$500,000 $6,082 $6,204 eachadditional$1,000orfractionthereof eachadd'l$1,000 $12 $12.24 $1,000,001 basefee@$1,000,000 $12,163 $12,406 eachadditional$1,000orfractionthereof eachadd'l$1,000 $12 $12.24 4thandsubsequentPlanCheck $152 $155 PW1.1 ImprovementInspection(covers2inspections) CostofImprovments Upto$50,000 Minimumbasefeeupto $50,000 $456 $465 $50,001 basefee@$50,000 $456 $465 eachadditional$1,000orfractionthereof eachadd'l$1,000 $4.14 $4.22 $100,001 basefee@$100,000 $684 $698 eachadditional$1,000orfractionthereof eachadd'l$1,000 $1.04 $1.06 $250,001 basefee@$250,000 $912 $930 eachadditional$1,000orfractionthereof eachadd'l$1,000 $2.07 $2.11 $500,001 basefee@$500,000 $1,520 $1,550 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.11 $3.17 $1,000,001 basefee@$1,000,000 $3,041 $3,102 eachadditional$1,000orfractionthereof eachadd'l$1,000 $3.11 $3.17 PW2 EncroachmentPermitFee(coverstwo inpections) Flat [7] $325 $332 AdditionalVisitsBeyondTwo PerVisit $152 $155 MiscellaneousProcessingFee PW4 OnͲsiteinspection/processingfeeforthe recordationoftheconditionoftheprivate sewerlateral. PerRecordation $152 $155 PW5 OffͲsiteinspection/processingfeeforthe recordationoftheconditionoftheprivate sewerlateral.(DVDReview) PerRecordation $76 $78 Maps PW6 InspectionDeposit Deposit [5] 2%ofpublic improvementcosts 2%ofpublic improvementcosts PW7 MajorSubdivisionTentativeMap Flat [7] $325 $332 PerLot PerUnit $26 $27 20 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PW8 FinalMapFilingFee Flat [7] $325 $332 PerLot PerUnit $26 $27 PW9 MinorSubdivisionTentativeMap Flat $152 $155 PerLot PerUnit $26 $27 PW10 ParcelMapFilingFee PerMap $304 $310 PW11 LotLineAdjustment PerAdjustment [7] $325 $332 PW12 AfterͲhoursSiteInspections [1,5] ActualCost ActualCost PW14 EasementAbandonmentRequest Pereasement $3,802 $3,878 PW15 SubdivisionandParcelMapPlanCheck(includes Coordinationandadministartion costs) Deposit [1,7] $1,085 $1,107 PW16 TransportationͲSingletrip,oramodificationof anoriginalpermit Flat [6] $16 $16 PW17 TransportationͲAnnualorrepetitivepermit Flat [6] $90 $92 PW18 CopyofCD/DVD ReferTo CityClerkFee Schedule ReferTo CityClerkFee Schedule MiscellaneousFees PW22 GradingPlanCheckandPermitProcessing (CubicYards) 50CubicYardsorLess Flat $304 $310 51to1000CubicYards Flat $609 $621 1,001to10,000CubicYards Flat $1,216 $1,240 10,001 BaseFee@10,000 $1,520 $1,550 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $8.28 $8.45 100,001 BaseFee@100,000 $1,596 $1,628 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $7.25 $7.40 200,001 BaseFee@200,000 $1,673 $1,706 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $84 $85.68 PW23 Otherplancheckingandadditionalplanreviews requiredbychanges,additions,orrevisionsto approvedplans.[1] $304 $310 PW24 GradingInspectionFees(CubicYards) 0to1,000CubicYards Flat $304 $310 1,001to10,000CubicYards Flat $456 $465 eachadditional1,000cubicyardsor fractionthereof(BaseFee@1,000) eachadd'l1,000cubic yards $17 $17.34 10,001to100,000CubicYards Flat $456 $465 eachadditional10,000cubicyardsor fractionthereof(BaseFee@10,000) eachadd'l10,000cubic yards $17 $17.34 100,001to200,000CubicYards BaseFee@100,000 $609 $621 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $30 $30.60 200,001CubicYardsorgreater BaseFee@200,000 $912 $930 eachadditional10,000cubicyardsor fractionthereof eachadd'l10,000cubic yards $46 $46.92 21 PUBLICWORKSDEPARTMENTͲ ENGINEERINGDIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 OtherInspections PW25 InspectionsOutsideofNormalBusinessHours Hourly [2,5] ActualCost ActualCost PW26 ReͲinspectionAssessedUnder ProvisionsofSection305(h) Flat [3] ActualCost ActualCost PW27 Inspectionsforwhichafeeisnot specificallyindicated Hourly [3,5] ActualCost ActualCost PUBLICWORKSDEPARTMENTͲ WATERQUALITYCONTROL DIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PretreatmentFeeSchedule PW28 PermitsandRenewals:(validfor3yeartime intervals) SignificantIndustrialUsers Every3years [4] $609 $621 AllOtherRequiredBusinesses Every3years $152 $155 PW29 WaterQualityComplianceReview PerHour PW31 InspectionsͲOutsideofNormalPretreatment Activities PerHour $152 $155 PW32 InspectionsͲOutsideofNormalBusinessHours PerHour $152 $155 PW33 SpecialMonitoringActivitesforEnforcement andSurveillance PerHour $152 $155 PW34 SpecialSampling/EquipmentUse PerHour $152 $155 PW35 WastewaterAnalysis BOD PerTest [5] ActualCost ActualCost COD PerTest [5] ActualCost ActualCost TSS PerTest [5] ActualCost ActualCost Oil&Grease PerTest [5] ActualCost ActualCost Metals(exceptHg) PerTest [5] ActualCost ActualCost Hg PerTest [5] ActualCost ActualCost pH PerTest [5] ActualCost ActualCost Bioassay PerTest [5] ActualCost ActualCost CN PerTest [5] ActualCost ActualCost PAH PerTest [5] ActualCost ActualCost Phenol PerTest [5] ActualCost ActualCost Ammonia PerTest [5] ActualCost ActualCost Conductivity PerTest [5] ActualCost ActualCost OxygenUptakeRate PerTest [5] ActualCost ActualCost Others [5] ActualCost ActualCost 22 PUBLICWORKSDEPARTMENTͲ WATERQUALITYCONTROL DIVISION FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 PW36 WasteManagementPlanReview 1%ofPlanCheck Fee 1%ofPlanCheck Fee HourlyRate: PublicWorksͲEngineering $152 $155 PW37 AdministrativeCodeEnforcementFee(forfailure tocorrectviolationsafterreceivingCourtesy NoticefromFirePreventionDivision14daygrace periodtocorrect) Flat $351 $358 PW38DatabaseMaintenanceFee Flat $27 $28 PW39 CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]Hourlysalary,plus40%inbenefitsandanother 30%inadministrativecosts;1/2hourminimum [2]Hourlysalary,plus50%overtimerate,plus50% forbenefitsonbaserate,plus12%in administrativecharges. [3]Hourlysalary,plus50%forbenefitsonbaserate, plus12%inadministrativecharges.OnehalfͲhour minimum. [4]Definedinfederalregulationsandmunicipal ordinance. [5]PlaceholderforMasterFeeSchedule(MFS);not includedincostanalysis [6]TransportationPermitsarerequiredforalloverͲ sizedloadsperCVC35780.Feesarethemax basedCVC35795andCaltransFees [7]IncludessupportcostsfromPlanning 23 PUBLICWORKSDEPARTMENTͲ PARKINGMETERAND PARKINGPERMIT FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 Parkingmetersandlotsoperate MondaythroughSaturday,timesnoted onmetersandsignageMinimum purchasewithcreditcard$1.00 TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumHourlyRate MaximumHourly Rate SetHourlyRate approvedbyParking PlaceCommission GrandAvenue,CypresstoWalnut Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 GrandAvenue,WalnuttoSpruce Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 GrandAvenue,AirporttoCypress Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.00$1.00 MapleAvenue(200and300blocks)Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 LindenAvenue(200and300blocks) Perhour,uptotwohours, 9amto8pm $0.50$3.00$1.25$1.25 CypressAvenue(200and300blocks) Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 BadenAvenue(300block)Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 SpruceAvenue,BadentoGrand Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 MillerAvenue,LindentoMaple Perhour,uptotenhours, 9amto6pm $0.50$3.00$1.00$1.00 MillerAvenue,AirporttoLinden,Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 AirportBoulevard Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 CypressAvenue(400and500blocks), Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 LindenAvenue(100and400blocks)Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 LuxAvenue Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 WalnutAvenue Perhour,uptotenhours, 9amto6pm $0.50$3.00$1.00$1.00 24minutespaces $0.10per 3minutes $0.10per 3minutes MeteredSpacesinParkingLot Numbers: TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumRate MaximumRate SetHourlyRate approvedbyParking PlaceCommission #1 Perhour,uptofivehours, 9amto6pm $0.50$3.00$1.00$1.00 #4 Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 #5(west) Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #12(east) Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #15 Perhour,uptotwohours 9amto6pm $0.50$3.00$1.00$1.00 #16 Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 #17 Perhour,uptotwohours, 9amto6pm $0.50$3.00$1.00$1.00 #18 Perhour,unlimited, 9amto6pm $0.50$3.00$1.00$1.00 PermitRates(Lots1,4,5,7,12,14,17, 18) TimeLimitssubjecttochangeper ParkingPlaceCommission MinimumRate MaximumRate SetHourlyRate approvedbyParking PlaceCommission MonthlyPermit $40.00 $100.00 QuarterlyPermit $120.00 $400.00 MillerAvenueParkingGarageRates Spaces 9amto6pm $0.50perhour $3.00perhour MonthlyPermit $20.00 $80.00 QuarterlyPermit $90.00 $240.00 24 LIBRARY FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 DamagedandMissingMaterials L1 AVMaterials(contentsoritemdamage) [3] ActualCostof eachitem ActualCostof eachitem L3 CD/DVDCases,Replacementof LostorDamaged PerCase $2.00 $2.00 MissingBook,DVD,etc.fromSet [3] ActualCostof eachitem ActualCostof eachitem MissingCDͲfromAudioBookVendorsthat offerReplacement [3] ProratedCostof set ProratedCostof set L7 Books [3] ActualCostof eachitem ActualCostof eachitem L8 Equipment [3] ActualCostof eachitem ActualCostof eachitem L9 FinesforOverdueMaterialsͲAdultMaterials, Books,Audio,Video,Magazines,DVDsetc. (Onlyaffectsadultborrowers)Daily [3,4]$0.25 Delete L10 FinesforOverdueMaterialsͲChildren's MaterialsͲBooks,Audio,Video,Magazines, DVDs,etc.(Onlyaffectsadultborrowers)Daily [3,4]$0.15 Delete L16 Lost,ReplacementChargesͲMagazinesͲSee ProcessingFeeBelow [3] ActualCostof eachitem ActualCostof eachitem L18 Lost,ReplacementChargesͲProcessingFee (PeninsulaLibraryAutomatedNetworkPolicy) AppliestoallMaterials: CataloguedMaterials Each [4] $5.00 $5.00 GenericMaterials Each [4] $2.00 $2.00 MiscellaneousCharges L20 PaypalConvenienceFee Per Transaction [3] $0.50 $0.50 L21 ComputerPrintouts Black&White PerSheet [3] $0.15 $0.15 Color PerSheet [3] $0.50 $0.50 L22 HistoryBookͲSSF Each [3] $5.00 $5.00 L23 HistoryRoomPhotographsͲDigitalCopies CopyofCD/DVD(seeCityClerk feeschedule) RefertoCityClerkFee Schedule RefertoCityClerkFee Schedule L24 HistoryRoomPhotographsPrintCopies PerItem $16 $16.00 L25 PostcardsͲSSF,3.5"x5" BlackandWhite Each [3] $0.50 $0.50 Color Each [3] $1.00 $1.00 L26 MicrofilmCopies Each [3] $0.25 $0.25 L27 Photocopy PerPage [3] $0.20 $0.20 L28 Postcard,ID [3] Pricesetby UnitedStatesPostalService Pricesetby UnitedStatesPostal Service 25 LIBRARY FeeNo.FeeDescription FeeUnit Notes Adopted ProposedFY21Ͳ22 L29 Reserve:OutofCountyReserve/ InterͲLibraryLoan SSFresidents Flat [3] $3.00 $3.00 nonͲresidents Flat [3] $5.00 $5.00 L30 ReturnedCheck,InsufficientFunds SeeFinanceDepartment Section SeeFinanceDepartment Section L33 USBDrives Flat [1,3] ActualCost ActualCost L34 FieldTripFee Flat [2,3] ActualCost ActualCost HourlyRate FullͲtime $115 $117.00 PartͲtime $24 $24.00 L35CreditCardTransactionfees PerTransaction 2.2%oftheamount 2.2%oftheamount [Notes] [1]$4Ͳ$10dependinguponunitcost [2]$10Ͳ$40dependinguponcostoftransportation, admission,etc. [3]PlaceholderforMasterFeeSchedule(MFS);not includedincost [4]FeesetbyPeninsulaLibrarySystem(PLS) 26 PARKSANDRECREATIONDEPARTMENT ChildCarePrograms Resident NEWResident NonͲResident NEWNonͲResident TraditionalSummerCamp Perweek $181.00 $185 $211.00 $215 SpringCamp Perday $36.00 $37 $41.00 $42 WinterCamp Perday $36.00 $37 $41.00 $42 FullofFunCamp Perweek $207.00 $211 PARKSANDRECREATIONDEPARTMENT ChildCarePrograms Resident NEWResident NonͲResident NEWNonͲResident SpecialityCamps(EnrichmentandSportsPerweek $223.00 $227 $253.00 $258 EnrichmentandSportsCampscoreprogramsare10amto4pm. Feesincludebeforeandaftercampcare,availablefrom7:30amto10am,and4pmto6pm. NOTE:NofeesassessedforASESgrantfundedAfterSchoolPrograms BeforeandAfterSchoolRecreationPrograms Resident /NonͲResident NEW 5Days/WithBeforeSchoolCare Permonth $431.00 $440 5Days/AfterSchoolCareOnly Permonth $372.00 $380 3Days/WithBeforeSchoolCare Permonth $294.00 $300 3Days/AfterCareOnly Permonth $255.00 $260 2Days/WithBeforeSchoolCare Permonth $196.00 $200 2Days/WithAfterCareOnly Permonth $170.00 $175 BeforeSchoolCareOnly–5Days $136.00 $140 SiblingDiscount:AppliesOnlytoFullͲ TimeBefore/AfterSchool,PreͲSchool. Childrenmustbeenrolledinthesame program. For2ormorechildrenenrolled.15% 15% PreͲSchoolChildCare Resident NEWResident NonͲResident NEWNonͲResident NOTE:“BigLift”grantfundedpreschoolfeesassessedonaslidingscale,nottoexceed$630/month(resident)or$704/month(nonͲresident)asperHUD80%AreaMedianIncome. 5Days/FullDay Permonth $652.00 $665 $729.00 $744 5Days/HalfDay Permonth $576.00 $588 $642.00 $655 3Days/FullDay Permonth $404.00 $412 $451.00 $460 3Days/HalfDay Permonth $357.00 $364 $397.00 $405 2Days/FullDay Permonth $279.00 $285 $313.00 $320 2Days/HalfDay Permonth $247.00 $252 $275.00 $280 LatePickͲup: AllChildCarePrograms(foreachminute afterclosingtime) $6.25 $6.50 $6.25 $6.50 ProcessingFee/NewEnrollment ForPreͲSchoolandAfterͲSchool RecreationPrograms Perapplication$67.00 $68 $67.00 $68 WaitingListFee Perapplication$31.00 $32 $31.00 $32 Add:LatePaymentFee:$30.60PerOccurrence. DocumentRetrievalFee Retrievalofdocumentedinformation, i.e.tax,custodial $31.00 $32 $31.00 $32 AquaticClasses Resident NEWResident NonͲResident NEWNonͲResident AdultAdmission PerAdmission $6.00 $6 $6.00 $6 AdultScript 10Admissions $3ϲ.75 $3ϳ.5Ϭ $58.50 $ϲϬ͘ϬϬ AdultScript(Senior) 10Admissions $24.75 $Ϯϵ͘Ϯϱ $36.00 $3ϳ.ϬϬ ChildAdmission PerAdmission $5.00 $5.Ϯϱ $5.00 $5.Ϯϱ 27 PARKSANDRECREATIONDEPARTMENT AquaticClasses Resident NEWResident NonͲResident NEWNonͲResident ChildScript 10Admissions $24.50 $2ϱ.Ϭ0 $48.00 $4ϵ.00 FamilySwim(1to5swimmers) PerFamilyAdmission $7.00 $7.Ϯϱ $7.00 $7.Ϯϱ AdditionalSwimmer(s) PerAdmission $2.50 $2.ϳϱ $2.50 $2.ϳϱ SwimLessons Resident NEWResident NonͲResident NEWNonͲResident NonͲResidentClassFees PerSessionAdd$4.00persession Add$4.00persession InfantWaterOrientation PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession Baby/AquaTots PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession ChildLessons(Group)PerHour $13.46Ͳ15.56 $13.75Ͳ16.00 Add$4.00persession Add$4.00persession AdultLessons(Group)PerHour $13.46 $13.75 Add$4.00persession Add$4.00persession SemiͲPrivate&PrivateLessons SemiͲPrivate(ChildorAdult) PerHour$20.70 $21.00 Add$4.00persession Add$4.00persession Private(ChildorAdult) PerHour $39.12 $40.00 Add$4.00persession Add$4.00persession AdultFitness PerHour$5.90 $6.00 Add$15 persession Add$15 persession DropinAquaZumba PerClass $6.00 $6.00 $6.00 $6.00 AdultAquaticExercise PerHour $5.90 $6.00 Add$15 persession Add$15.00 persession AquaZumba PerHour $5.90 $6.00 Add$15 persession Add$15.00 persession Masters/AdultLapSwim Daily$6.00 $6.00 $6.00 $6.00 Masters/AdultLapSwimScript 10Admissions$44.50 $4ϱ.50 $44.50 $4ϱ͘ϱϬ Masters/AdultLapSwimMonthly PerSession$54.50 $5ϲ͘Ϭ0 $62.00 $6ϯ.ϱ0 WaterSafetyInstructor: *IncludesBooks&Materials PerSession $207.00 $211.00 $222.50 $226.95 RedCrossFee PerSession $35.00 $38.00 $35.00 $38.00 LifeguardTraining: *IncludesBook&Materials PerSession $207.00 $211.00 $222.50 $227.00 28 PARKSANDRECREATIONDEPARTMENT RedCrossFee PerSession $35.00 $38.00 $35.00 $38.00 JuniorLifeguardCamp Per1weeksession(5hoursperday) $109.00 $111.00 $124.00 $126.00 SwimTeam Annual $5,775.00 $5900.00 PoolRental Resident NEWResident NonͲResident NEWNonͲResident Participants0to30 Per1½Hour $176.00 $180.00 $196.00 $200.00 Participants31to60 Per1½Hour $199.00 $203.00 $219.00 $223.00 Participants61to100 Per1½Hour $222.00 $226.00 $242.00 $246.00 LockerRental SmallLockers PerDay $0.25 $0.25 $0.25 $0.25 LargeLockers PerDay $0.50 $0.50 $0.50 $0.50 PicnicFees Resident NEWResident NonͲResident NEWNonͲResident ApplicationProcessing Perpermit,addedtoeachrental $36.00 $37.00 $36.00 $37.00 OrangePark EucalyptusShelter(15TablesͲ10:00am –6pm Perday,8hours $321.00 $328.00 $336.00 $343.00 Area#2(2tables) Perday $35.00 $36.00 $50.00 $52.00 Area#3(3tables) Perday$51.00 $52.00 $66.00 $67.00 Area#4(4tables) Perday$68.00 $69.00 $83.00 $84.00 Area#5(5tables) Perday$86.00 $88.00 $101.00 $103.00 RefundableDeposit–coverscleanͲup, repair,and/orovertimecosts $207.00 $2Ϯϱ.00 $207.00 $2Ϯϱ.00 ExtendedHours Perhour $52.00 $53.00 $52.00 $53.00 AltaLoma Area#1(6tables) Perday $104.00 $106.00 $119.00 $121.00 Area#2(2tables) Perday$35.00 $36.00 $50.00 $51.00 Area#3(2tables) Perday $35.00 $36.00 $50.00 $51.00 AvalonPark(5smalltables)Perday$63.00 $64.00 $78.00 $79.00 BuriBuriPark I(6tables)Perday $104.00 $10ϲ.00 $119.00 $1Ϯϯ.00 II(2tables) Perday$35.00 $3ϲ.00 $50.00 $5ϭ.00 III(3tables) Perday $51.00 $52.00 $66.00 $67.00 IV(3tables) Perday$51.00 $52.00 $66.00 $67.00 SellickPark 7tables,includesCampFirearea Perday$86.00 $88.00 $101.00 $103.00 29 PARKSANDRECREATIONDEPARTMENT WestboroughPark ShelteredArea(18tables) Perday $342.00 $349.00 $357.00 $364.00 Area2(5tables) Perday $124.00 $126.00 $140.00 $141.00 CombinedShelteredArea&Area2(23taPerday $450.00 $460.00 $466.00 $475.00 AdditionalGasGrill Perday $104.00 $106.00 $104.00 $106.00 DamageDeposit(Refundable) Perday $207.00 $2Ϯϱ.00 $207.00 $2Ϯϱ.00 ExtendedHours Perday$52.00 $53.00 $52.00 $53.00 SportsProgramsandFacilities Resident NEWResident NonͲResident NEWNonͲResident AnnualRenewalFeestoCoͲsponsoredGroupsthatUseourFields/FaciliƟes: CategoryI:Upto99Members Annualfees$110.00 $112.00 CategoryII:100–199Members $165.00 $168.00 CategoryIII:200–299Members $270.00 $275.00 CategoryIV:300andUp $380.00 $387.00 AdultSoftballLeague Pergame$88.00 $90.00 NonͲResidentSurcharge Pergame$15.00 $15.00 AdultBasketball Pergame $100.00 $102.00 NonͲResidentSurcharge Pergame $15.00 $15.00 ForfeitFee $50.00 $50.00 FieldLights PerHour$33.00 $34.00 $36.00 $37.00 FieldPreparation General Perpreparation $32.50 $33.00 $53.50 $5ϱ.00 AffiliatedLeague Perpreparation $28.50 $29.00 $50.00 $51.00 OpenGymBasketball&Futsal Adult Peradmission$4.00 $4.00 $4.00 $4.00 Junior Peradmission $3.00 $3.00 $3.00 $3.00 OpenBasketballDropͲIn Adults Peradmission$4.00 Delete $4.00 Delete Juniors Peradmission $3.00 Delete $3.00 Delete TerrabayFitnessRoom Peradmission $2.25 $2.50 $2.25 $2.50 OpenGymScriptCard Adults For10Punches$24.00 $Ϯ5.00 $24.00 $Ϯ5.00 Juniors For10Punches $12.00 $20.00 $12.00 $20.00 30 PARKSANDRECREATIONDEPARTMENT GymnasiumRental(SchoolDistrictgymnasium–addiƟonalfeeispayabletoSSFUSD) Perhour $31.50 $32.00 DropͲinBadminton Resident NEWResident NonͲResident NEWNonͲResident Adult Peradmission $6.00 $6.00 $6.00 $6.00 Junior Peradmission $4.00 $4.00 $4.00 $4.00 FieldReservations Per1ͲHourRental$27.50 $28.00 $36.00 $3ϳ.00 FieldPermitFee PerPermit$27.00 $27.00 BocceBallPermitFeeAssessedto private eventsnotcoͲsponsoredbythecity PerPermit$80.00 $83.00 ChildrenͲͲCoͲSponsoredLeague.There isnochargetocoͲsponsoredgroupsfor fieldreservationsorpreparation AfterͲSchoolSportsProgram PlaygroundSportsClinic Per6ͲHourSession$57.00 $58.00 $62.00 $63.00 PlaygroundSportsProgram PerLeague $62.00 $63.00 $67.00 $68.00 MiddleSchoolSports Resident NEWResident NonͲResident NEWNonͲResident Cheerleading Persession $78.00 $ϴϬ.00 Football,Volleyball,Basketball,Badminto PerSessionforeachsportoractivity $78.00 $ϴϬ.00 Track&Field/Lacrosse $78.00 $ϴϬ.00 FacilityFees Resident NEWResident NonͲResident NEWNonͲResident FeesfortheuseoftheCommunityRoom,BettyWeberRoom,andtheMultiͲUseandActivityRoomsintheWestboroughParkBuildingapplytobusinessmeetingsandseminarsonly. NonͲresidentratesareanadditional$15perhour Add$15.00perhour MagnoliaCenter Perhour $185.00 $18ϵ.00 $200.00 $20ϰ.00 RentOutCommercialKitchenSpacefor CaterersandSmallProducers PerHourMondayͲFridayduringtheday $83.00 $8ϱ.00 MeetingRoomRental Perhour $83.00 MunicipalServicesBuilding Resident NEWResident NonͲResident NEWNonͲResident SocialHallw/KitchenandOneͲhour UseofAtrium PerHour;6ͲHourMinimum $201.00 $205.00 $216.00 $220.00 NonͲProfitGroups Perhour$186.00 $190.00 AtriumKitchen(AsaddͲontoSocialHaPerHour;2ͲHourMinimum$83.00 $8ϱ.00 $98.00 $ϭϬϬ.00 NonͲProfitGroups PerHour;5ͲHourMinimum $68.00 $69.00 SocialHall PerHour;5ͲHourMinimum $201.00 $205.00 $216.00 $220.00 31 Ψϴϱ͘ϬϬ PARKSANDRECREATIONDEPARTMENT NonͲProfitGroups Perhour $186.00 $190.00 Atrium/MariePetersonRoomw/KitchePerHour;5ͲHourMinimum$130.00 $132.00 $145.00 $147.00 NonͲProfitGroups Perhour;5ͲHourMinimum $115.00 $117.00 Atriumw/Kitchen PerHour;4ͲHourMinimum $119.00 $121.00 $134.00 $136.00 NonͲProfitGroups PerHour;4ͲHourMinimum $104.00 $106.00 MariePetersonRoomw/Kitchen PerHour;4ͲHourMinimum $104.00 $106.00 $119.00 $121.00 NonͲProfitGroups PerHour;4ͲHourMinimum $89.00 $91.00 MariePetersonRoomw/oKitchen PerHour;4ͲHourMinimum $93.00 $95.00 $108.00 $110.00 NonͲProfitGroups PerHour;4ͲHourMinimum $78.00 $80.00 BettyWeberRoomPerHour;1ͲHourMinimum $83.00 $84.00 $98.00 $99.00 NonͲProfitGroups PerHour;1ͲHourMinimum $68.00 $69.00 CommunityRoomw/oKitchen,NoFooPerHour;2ͲHourMinimum $114.00 $116.00 $129.00 $131.00 NonͲProfitGroups PerHour;2ͲHourMinimum $99.00 $101.00 WilliamM.BelloniFamilyRoom PerHour;2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups PerHour;2ͲHourMinimum $68.00 $70.00 CoͲSponsoredGroups PerHour;2ͲHourMinimum $52.00 $53.00 n/aͲcosponsoredgroups areresidents SpecialUseRentals $83.00 $85.00 ExtraRentalFees PortableBar PerUse,addedtofacilityrentalfee $60.00 $61.00 CoffeePot PerUse,addedtofacilityrentalfee $5.00 $5.00 SoundSystem PerUse,addedtofacilityrentalfee $75.00 $77.00 FlipChartwithPaper/Markers PerUse $12.00 $12.00 LCDProjector PerUse$50.00 $51.00 EventDayRoomSetupAdjustment OneTime $75.00 $77.00 LCDDisplays PerUse$20.00 $20.50 PortableStage OneTime $100.00 $102.00 ProjectionScreens PerDay/NoChargewithUseofProjector $5.00 $5.00 DuplicatePermitFeeRetrievalCost PerCopy$25.00 $25.50 CityHolidayRentalSurcharge PerHour(AddedtohourlyrentalrateonCity holidays) $31.00 $3Ϯ͘ϬϬ WestboroughParkBuilding Resident NEWResident NonͲResident NEWNonͲResident MultiͲUse/ActivityRoomsw/Kitchen PerHour;5ͲHourMinimum $152.00 $155.00 $167 $170 NonͲProfitGroups PerHour;5ͲHourMinimum $137.00 $140.00 32 PARKSANDRECREATIONDEPARTMENT MultiͲUseRoomw/Kitchen PerHour;5ͲHourMinimum $142.00 $14ϱ.00 $157 $1ϲϬ NonͲProfitGroups PerHour;5ͲHourMinimum $127.00 $129.00 ActivityRoomw/Kitchen PerHour;4ͲHourMinimum. $120.00 $12ϯ.00 $135 $13ϴ NonͲProfitGroups PerHour;4ͲHourMinimum $105.00 $107.00 JosephA.FernekesBuilding Resident NEWResident NonͲResident NEWNonͲResident MultiUseActivityRoomw/Kitchen PerHour;5ͲhourMinimum $191.00 $195.00 $206.00 $210.00 NonͲProfitGroups $176.00 $180.00 ExtraFees OutsideGasGrill Perday $100.00 $102.00 $100.00 $102.00 TerrabayRecreationCenter *RatesareforbusinessmeeƟngs/seminarsonly Resident NEWResident NonͲResident NEWNonͲResident IrisRoom1and2w/Kitchen, GymandPoppyRoom PerHour;3ͲHourMinimum $174.00 $17ϴ.00 $189.00 $19ϯ.00 NonͲProfitGroups $159.00 $162.00 IrisRoom1and2w/Kitchenand PoppyRoom PerHour;3ͲHourMinimum $120.00 $122.00 $135.00 $13ϴ.00 NonͲProfitGroups $105.00 $107.00 IrisRoom1and2w/KitchenandGym PerHour;3ͲHourMinimum. $130.00 $13ϯ.00 $145.00 $14ϴ.00 NonͲProfitGroups $115.00 $117.00 IrisRoom1&2w/Kitchen PerHour;3ͲHourMinimum $93.00 $95.00 $108.00 $110.00 NonͲProfitGroups $78.00 $80.00 Gymnasium $104.00 $106.00 $119.00 $121.00 NonͲProfitGroups PerHour,3ͲHourMinimum $89.00 $91.00 IrisRoom1and2w/oKitchen* PerHour,2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups $68.00 $70.00 PoppyRoomw/oKitchen*PerHour,2ͲHourMinimum $83.00 $85.00 $98.00 $100.00 NonͲProfitGroups $68.00 $70.00 IrisRoom1withKitchen PerHour,2ͲHourMinimum $78.00 $80.00 $93.00 $95.00 NonͲProfitGroups $63.00 $65.00 IrisRoom1w/oKitchen* PerHour,2ͲHourMinimum $72.50 $74.00 $87.50 $89.00 NonͲProfitGroups $57.50 $59.00 IrisRoom2withKitchen PerHour,2ͲHourMinimum $78.00 $80.00 $93.00 $95.00 NonͲProfitGroups $63.00 $65.00 IrisRoom2w/oKitchen* PerHour,2ͲHourMinimum $73.00 $7ϱ.00 $88.00 $ϵϬ.00 NonͲProfitGroups $58.00 $59.00 ReservationDeposit(deductedfromtotalrentalfee)Resident NEWResident NonͲResident NEWNonͲResident MSBAtriumandA/B PerRental $300.00 $300.00 MSBSocialHall PerRental$300.00 $300.00 WestboroughBuilding PerRental$300.00 $300.00 TerrabayRecreationCenter PerRental $300.00 $300.00 33 PARKSANDRECREATIONDEPARTMENT JosephFernekesBuilding PerRental $300.00 $300.00 Damage/Overtime/CleanͲupDeposit(refundableifnoviolation)Resident NEWResident NonͲResident NEWNonͲResident MSBAtrium&A/B PerRental $350.00 $350.00 MSBSocialHall PerRental $500.00 $500.00 WestboroughBuilding PerRental $350.00 $350.00 TerrabayRecreationCenter PerRental$350.00 $350.00 JosephFernekesBuilding PerRental $350.00 $350.00 HighRiskEvent PerRental$500.00 $500.00 Insurance(Subjecttochangefrom insurancecompanyyeartoyear)Per Event,dependingonthefacilityand sizeofgroup. *$150.00to$300.00 * GroupSetͲupChargesPerHour PerHour $78.00 $80.00 $78.00 $80.00 ApplicationProcessingFee NonͲrefundable $83.00 $85.00 AlcoholSurcharge: Champagne $26.00 $31.00 Champagne&Wine $52.00 $56.00 Champagne/Wine/Beer $79.00 $81.00 Champagne/Wine/Beer/MixedDrinks $104.00 $106.00 Refunds PreͲSchoolClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees PerSession Add$15.00 Add$15.00 ClassSuppliesFee Slidingscalebasedondirectcostofclasssupplies. $0Ͳ$83.00 $0Ͳ$8ϰ.ϲϲ AnimalAdventures $4.47 $4.ϱϲ ArtAdventureswithParent&Me $5.11 $5.Ϯ1 Claymagic $5.11 $5.Ϯ1 Cooking $5.71 $5.ϴϮ CreativeDance $5.40 $5.ϱϭ FantasticFamilyFun $4.36 $4.ϰϱ ForeignLanguage $6.24 $6.ϯϲ KinderTot $5.23 $5.ϯ3 KindergartenReadiness $5.88 Ψϲ͘ϬϬ Mom’sGym $7.81 $7.ϵϳ MovewithMusic $5.40 $5.ϱϭ PreͲBallet $7.58 $7.ϳϯ PreͲGymnastic $5.99 $ϲ͘ϭϭ PreͲKarate $6.11 $6.Ϯϯ PreͲKarate(2x/week $4.31 $4.ϰϬ With60daysadvancenoticeofcancellation,50%ofthedepositwillbereturnedifthedatecanberesold.With60daysorlessadvance 34 PARKSANDRECREATIONDEPARTMENT PreͲSchoolFun $5.76 $5.ϴϴ ScienceExploration $5.82 $5.ϵϰ SoccerTots $6.17 $6.Ϯϵ StorytimeAdventures $4.54 $4.ϲϯ Terrific3’s $4.54 $4.ϲϯ Toddlergarten $3.30 $3.ϯϳ TotTapper $5.98 $ϲ͘ϭϬ Tumbling $5.98 $ϲ͘ϭϬ Children'sClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees PerSession Add$15.00 Add$15.00 ArtAdventures $8.63 $8.ϴϬ Ballet $7.58 Ψϳ͘ϳϯ BalletComboClass(3daysperweek) $6.07 $6.ϭϵ Cheerleading $4.65 $4͘ϳϰ Computers $12.00 $12.Ϯϰ Cooking $6.00 $6.ϭϮ CreativeMovement&Dance $5.11 $5.Ϯϭ Drama $5.11 $5.Ϯ1 Eskrima $5.76 $5.ϴϴ ExerciseforKids New2021 $5.44 Fencing $9.58 $9.ϳϳ Gymnastics $6.34 $6.ϰϳ IrishStepDancing $6.05 $6.ϭϳ Karate(2x/week)$3.58 $3.ϲϱ KeikiHawaiianDance $6.00 $6.ϭϮ KenpoEskrima $4.65 $4.ϳϰ KnittingforKids $6.00 $6.ϭϮ MathFun $6.24 $6.ϯϲ MexicanFolkDance Persession $23.97 $2ϰ.ϰϱ Painting&Drawing $8.41 $8.ϱϴ RhythmicGymnastics $5.64 $5.ϳϱ SummerMiniCamps(1/2Day) $10.34 $10.ϱϱ TapDance $6.00 $6.ϭϮ TapDance,SemiͲprivate New2021 $9.41 Watercolor $8.41 $8.ϱϴ WritingWorkshop $4.83 $4.ϵϯ AdultClasses Resident NEWResident NonͲResident NEWNonͲResident Allfeesareonanhourlybasis,unlessnotedotherwise. NonͲResidentClassFees,Add PerSession Add$15.00 Add$15.00 Ballet $7.58 $7.ϳϯ BalletComboClass(3daysperweek) $6.07 $6.ϭϵ BallroomDance(Tango,Salsa&Swing) $7.52 $7.ϲϳ BellyDancing $6.58 $6.ϳϭ CakeDecorating $3.77 $3.ϴϱ Ceramics $7.58 $7.ϳϯ ColorAnalysis $5.40 $5.ϱϭ 35 PARKSANDRECREATIONDEPARTMENT Computers $7.22 $7.ϯϲ Cooking $12.15 $12.ϯϵ CountryDance $7.58 $7.ϳϯ DogTraining $15.53 $15.ϴϰ DrawingforTeens $8.41 $8.ϱϴ DyingforCrafters $3.71 $3.7ϴ Eskrima $4.65 $4.ϳϰ Exercise $5.33 $5.ϰϰ ExerciseDropͲIn $3.00Ͳ15.00 $3.Ϭ0Ͳ15.ϱ0 Fencing $9.58 $9.ϳϳ FlowerDesign $4.47 $4.ϱϲ ForeignLanguage $7.22 $7.ϯϲ GardenWorkshop $4.47 $4.ϱϲ Ikebana $4.19 $4.Ϯϳ Jewelry $4.77 $4.ϴϳ Karate(1xweek)$5.60 $5.ϳϭ Karate(2xweek)$4.61 $4.ϳϬ Kickboxing $4.99 $ϱ͘Ϭϵ Knitting $4.47 $4.ϱϲ LineDancing $4.23 $4.ϯϭ MexicanFolkDance/Advanced $5.11 $5.Ϯ1 Painting $8.41 $8.ϱϴ PolynesianDance $6.24 $6.ϯϲ Quilting $4.23 $4.ϯϭ Sewing $6.24 $6.ϯϲ StepAerobics $5.59 $5.ϳϬ Stretch&Tone $5.59 $5.ϳϬ TaiChiChuan $5.64 $5.ϳϱ TapDance $6.29 $6.ϰϮ WaterColors $8.41 $8.ϱϴ Yoga $6.29 $6.ϰϮ MusicClasses Resident NEWResident NonͲResident NEWNonͲResident Guitar,Private $16.81 $1ϳ͘ϭϱ Guitar,Group $7.81 $7.ϵϳ MariachiMusic $5.45 $5.ϱϲ Piano,Private $38.37 $3ϵ.ϭϰ Clarinet/Saxophone,Private $38.37 $3ϵ͘ϭϰ Ukulele,Group $7.81 $7.ϵϳ Voice,Group $5.82 $5.ϵϰ Voice,Private $9.58 $9.ϳϳ TennisClasses Resident NEWResident NonͲResident NEWNonͲResident NonͲResidentClassFees, PerSession Add$15.00 Add$15.00 PrivateLesson Perperson,perhour$39.63 ΨϰϬ͘ϰϮ SemiͲPrivateLessons Perperson,perhour$28.88 $2ϵ.ϰϲ PeeWeeTennis PerHour$7.21 $7.ϯϱ 36 PARKSANDRECREATIONDEPARTMENT JuniorsTeamTennis $10.07 $10.Ϯ7 OtherServices Resident NEWResident NonͲResident NEWNonͲResident ContractualClassesServiceFee SlidingScalebasedonprogramcost $5Ͳ$26 $5Ͳ$26 RegistrationProcessingFee $2.25 $2.ϯϬ CommunityGardenPlot Annually $104 $106.00 ArtistStudioFee PerSq.Ft. $0.52 $0.5ϯ AdultDayCareSlidingFee basedonabilitytopay *$45.00Ͳ$60.00$46.00Ͳ$61.00 $4ϳ.00Ͳ$6Ϯ.Ϯϱ SpecialEvent&RecitalTickets $5.00Ͳ 12.50 $5.00Ͳ 12.50 SeniorMealͲSeniorCenter SeniorMealͲSeniorCenter PerMeal$6.00 $6.00 SeniorTransportationDonation(SuggestPerRide(eachway) $3.50 $3.50 SeniorsProgramFieldTripFee(OutofToPerRide(eachway),inadditiontocost offare $6.00 $6.50 DropͲinSeniorClassFee $5.00Ͳ10.00 $5.00Ͳ10.Ϯϱ DonateͲAͲTree PerTree $207.00 $211.00 ResidentialStreetTreeMaintenance PerTree $103.50 $10ϲ.00 ThanksgivingFunRun: Under12yearsold Registration Free Free Children13Ͳ17yearsold Registration $6.00 $6.00 18andolder PreͲRegistration$21.00 $21.ϱ0 18andolder DayofEventRegistration $31.00 $3Ϯ.00 HalloweenHauntedHouse PerAdmission $6.00 $6.00 RefundableTreePlantingDeposit PerTree$350.00 $35ϳ.00 ProtectedTreePermit PerTree$105.00 $107.00 WholesaleTreePurchasePassͲThroughCPerTree $0Ͳ$500 $0Ͳ$500 Children’sClassesLatePickͲupFee PerMinute $6.00 $6.00 SpecialEventSupportStaff Perhour/perstaffperson $30.00 $31.00 MailNotices PerParcel$0.80 $0.8Ϯ CreditCardTransactionfees PerTransaction 2.2%oftheamount2.2%ofthe amount 2.2%oftheamount2.2%oftheamount 37 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-600 Agenda Date:7/28/2021 Version:1 Item #:12. Report regarding a resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds. (Ernesto Lucero, Economic Development Coordinator) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds in the Economic and Community Development Department General Fund operating budget. BACKGROUND On March 9,2021,the County of San Mateo Board of Supervisors approved an appropriation of $200,000 for the development of a small business center that would serve communities in northern San Mateo County. Subsequently,the City began to implement economic mobility initiatives for small business and entrepreneurial support, and workforce development. The City Council then approved a Memorandum of Understanding (“MOU”)with County of San Mateo on March 24,2021,defining a partnership for specifically the small business support services,and also described a County financial contribution of $200,000 towards Year One expenses for the North County Business Resource Center.On April 14,2021,the City Council also approved a resolution that appropriated $2 million towards operational costs of the Center towards the small business and entrepreneurial support program and the workforce development program.The approved resolution also awarded and approved one-year contracts with Renaissance Entrepreneurship Center (“Renaissance”)to operate the North County Business Resource Center, as well as JobTrain to operate the targeted workforce development program in South San Francisco. DISCUSSION As the MOU and contract with Renaissance have now been executed,the proposed resolution allows the acceptance of the $200,000 contribution from County of San Mateo and appropriates the funds.The funds can be used to support Renaissance’s contract,as well as operating expenses for the leased office space at 366 Grand.The County funds will augment the City’s $2 million appropriation for the Economic Mobility Hub programs. FISCAL IMPACT There is no net new fiscal impact to the General Fund since the appropriation will be offset by the receipt of the $200,000 financial contribution made by County of San Mateo towards the North County Business Resource City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-600 Agenda Date:7/28/2021 Version:1 Item #:12. Center. CONCLUSION This report seeks Council consideration of a resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds in the Economic and Community Development Department General Fund operating budget. City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-599 Agenda Date:7/28/2021 Version:1 Item #:12a. Resolution authorizing the acceptance of a $200,000 contribution from County of San Mateo to support the development of the North County Business Resource Center and approving Budget Amendment Number 22.012 appropriating the funds. WHEREAS,on March 9,2021,the County of San Mateo Board of Supervisors approved an appropriation of $200,000 for the implementation of a business assistance center to serve the northern part of San Mateo County; and WHEREAS,on March 24,2021,the City Council approved Resolution 64-2021,attached as Exhibit A,which approved a Memorandum of Understanding (“MOU”)with County of San Mateo that defined a partnership and financial relationship for the North County Business Resource Center; and WHEREAS,on April 14,2021,the City Council approved a resolution appropriating $2 million funding at least two years of operations of the Economic Mobility Resource Hub and approving one-year contracts with Renaissance Entrepreneurship Center (“Renaissance”)to operate the North County Business Resource Center and JobTrain to provide workforce development services; and WHEREAS,the approved and executed MOU with County of San Mateo included a financial contribution of $200,000 towards first-year expenses of the North County Business Resource Center operated by Renaissance; and WHEREAS,the funds will be used to amend the FY 2021-22 General Fund operating budget for the Economic and Community Development Department with no net impact to the appropriation of the funds; and WHEREAS,Budget Amendment Number 22.012 will augment the $2 million City Council already approved for the Economic Mobility Resource Hub. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts the $200,000 County of San Mateo contribution for the North County Business Resource Center and approves Budget Amendment Number 22.012 appropriating the funds in the Economic and Community Development Department General Fund operating budget. Exhibit A: Approved City of South San Francisco Resolution 64-2021 ***** City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 64-2021 File Number: 21-214 Enactment Number: RES 64-2021 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO DEFINING A PARTNERSHIP AND FINANCIAL RELATIONSHIP FOR A BUSINESS AND ENTREPRENEURSHIP CENTER IN SOUTH SAN FRANCISCO. WHEREAS, beginning on March 16, 2020, Shelter in Place health orders began to widely affect all businesses in San Mateo County, as well as throughout the country, lasting for much of 2020 and into 2021; and WHEREAS, the effects of the Pandemic have created drastic economic outcomes to many businesses, but especially the most vulnerable small businesses such as non-English speaking business owners and those separated by the digital divide; and WHEREAS, small businesses in San Mateo County have been challenged by a reduction in workforce, a lack of working capital, a difficulty in obtaining COVID relief programs, and an overall need to revamp their business model to survive in a post-COVID economy; and WHEREAS, at its February 23, 2021 South San Francisco City Council Special Meeting, a study session was held to discuss the implementation of an economic mobility initiative to create a Business Resource and Entrepreneurship Center within the City of South San Francisco to enhance business assistance services and centralize them into both a virtual and brick -and -mortar location near the City's downtown; and WHEREAS, at its March 9, 2021 County of San Mateo Board of Supervisors Meeting, an appropriation of $200,000 was approved for the implementation of a business assistance center to serve the northern part of San Mateo County; and WHEREAS, the funding contribution from San Mateo County would support the City of San Francisco's effort to create the Business Resource and Entrepreneurship Center through a Memorandum of Understanding ("MOU") for the initial phases of the project; and WHEREAS, the components of the MOU include a one year term, a fifty-fifty split of all hard costs associated with the Center, the City entering into a contract with Renaissance Entrepreneurship Center City of South San Francisco Page 1 File Number. 21-214 Enactment Number. RES 64-2021 Renaissance") as the preferred partner to offer initial small business assistance services, with the County funding the first phase of the contract with Renaissance expected to be in the range of $75,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the MOU in substantially the form attached, allowing the City and County to partner in regional and local efforts to help small businesses. BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the MOU, and to make any revisions, amendments, or modifications, deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City's obligations thereunder, subject to approval as to form by the City Attorney. Exhibit A - draft MOU with San Mateo County At a meeting of the City Council on 3/24/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by A4 #ZAI W4iosaGoveaAcosta, City Clerk City of South San Francisco Page 2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-603 Agenda Date:7/28/2021 Version:1 Item #:13. Report regarding a resolution approving a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and approving Budget Amendment Number 21-603 appropriating $200,000 for additional program-related expenses.(Nell Selander,Deputy Director,Economic & Community Development Department) RECOMMENDATION Staff recommends that the City Council adopt a resolution to: 1)Approve a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and 2)Approve Budget Amendment Number 21-603 appropriating $200,000 for additional Pilot Program- related expenses. BACKGROUND/DISCUSSION On July 14,2021,City Council adopted Resolution 140-2021 approving the creation of South San Francisco’s Guaranteed Income Pilot Program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds to provide $500 per month for one year for 160 low income South San Francisco residents. The July 14th staff report outlined YMCA’s role as the intended Pilot Program administrator and included program documents,such as the draft application,disclaimer and informed consent form,and benefits crosswalk.In addition to outreaching to the community,receiving applications,prioritizing applicants,holding lotteries,enrolling selected applicants,and providing case management throughout the Pilot Program,the YMCA will also contract with Community Financial Resources (CFR)to be the fiscal administrator for the program.CFR will dispense the funds monthly to participating South San Francisco residents via a Focus Debit Card or Self Help Credit Union Savings Account Card,depending on whether or not the participant has a Social Security Number, Individual Taxpayer Identification Number, or neither. The Professional Services Agreement with the YMCA,included as an Exhibit A to the associated resolution, sets out the scope of work the YMCA will complete over the term of the agreement -from its execution to 18 months after the Pilot Program concludes -as well as their payment schedule.The payment schedule provides for four quarterly payments,with the first on August 15,2021.The City will advance funds in the first payment for those expenses needed from the outset:evaluation incentives,hold harmless fund,and the fiscal administrator’s contract.The City will advance payments for participating households on a quarterly basis. And,finally,the City will advance 50%of YMCA’s administrative fee with the first payment and the remaining 50% with the third quarterly payment. With 160 households participating, the $1.2 million budget breaks down as follows: -$960,000 for direct payments to selected households, -$55,000 for direct payments to households,either through evaluation incentives or the hold harmless fund, -$35,000 for the fiscal administrator contract,which will process all payments and provide aggregate City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-603 Agenda Date:7/28/2021 Version:1 Item #:13. data on purchases, and -$150,000 for the program administrator. FISCAL IMPACT The total cost of implementing the Pilot Program approved by Council on July 14th is $1.2 million.Council appropriated $1 million in American Rescue Plan Act funds for the bulk of program expenses on July 14th.The proposed resolution appropriates $200,000 in General Fund dollars for program administration,all of which will be offset by grants from the Silicon Valley Community Foundation and the County of San Mateo.When the final grant awards are received (expected in late summer/early fall),staff will bring forward a resolution to Council accepting the grants and appropriating the funds.Ultimately,there will be no net impact to the General Fund. RELATIONSHIP TO STRATEGIC PLAN Creation of the South San Francisco Guaranteed Income Pilot Program meets the City’s strategic goals of providing a high quality of life for our residents, Financial Stability, and Economic Vitality. CONCLUSION Staff recommends that the City Council adopt a resolution approving a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and Budget Amendment Number 21-603 appropriating $200,000 for additional program-related expenses.Adopting the resolution will allow City staff and the YMCA to begin implementing the Pilot Program. City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-604 Agenda Date:7/28/2021 Version:1 Item #:13a. Resolution approving a Professional Services Agreement with YMCA for the administration of the City's Guaranteed Income Pilot Program and approving Budget Amendment Number 22.015 appropriating $200,000 for additional program-related expenses.(Nell Selander,Deputy Director,Economic &Community Development Department) WHEREAS,on July 14,2021,City Council approved Resolution 140-2021 approving the creation of South San Francisco’s Guaranteed Income Pilot Program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds to provide $500 per month for one year for approximately 160 low income South San Francisco residents; and WHEREAS, the July 14th staff report outlined YMCA’s role as the intended Pilot Program administrator; and WHEREAS,as the program administrator,YMCA will outreach to the community,receive applications, prioritize applicants,hold lotteries,enroll selected applicants,and provide case management throughout the Pilot Program; and WHEREAS,as the program administrator,the YMCA will also contract with Community Financial Resources (CFR)to be the fiscal administrator for the program.CFR will dispense the funds monthly to participating South San Francisco residents via a Focus Debit Card or Self Help Credit Union Savings Account Card; and WHEREAS,the Professional Services Agreement with the YMCA,included as an Exhibit A to this resolution, sets out the scope of work the YMCA will complete over the term of the agreement -from its execution to 18 months after the Pilot Program concludes - as well as their compensation schedule; and WHEREAS,the resolution appropriates $200,000 in General Fund dollars for program administration,all of which will be offset by grants the City expects from the Silicon Valley Community Foundation and the County of San Mateo in the coming months. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: 1)Authorizes the City Manager to execute a Professional Services Agreement with the YMCA for the administration of the Guaranteed Income Pilot Program in the amount of $1,200,000 in substantially the form included as Exhibit A,including any minor amendments to carry out the intent of this resolution that do not substantially incrase the City’s obligation,and as approved as to form by the City Attorney; and 2)Approves Budget Amendment Number 22.015 appropriating $200,000 for additional Pilot Program-City of South San Francisco Printed on 7/29/2021Page 1 of 2 powered by Legistar™ File #:21-604 Agenda Date:7/28/2021 Version:1 Item #:13a. 2)Approves Budget Amendment Number 22.015 appropriating $200,000 for additional Pilot Program- related expenses. Exhibit A: Professional Services Agreement with the YMCA ***** City of South San Francisco Printed on 7/29/2021Page 2 of 2 powered by Legistar™ Short Form Services Agreement [Rev:11/14/2016] 1 SOUTH SAN FRANCISCO SERVICES AGREEMENT This Services Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and Young Men's Christian Association of San Francisco, (“Consultant”) effective as of August 1, 2021 (the “Effective Date”). City and Consultant are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Services. Consultant shall provide the following services and/or materials (“the Work”): administration of the South San Francisco Guaranteed Income Pilot Program, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on August 1, 2021 and shall be completed to the satisfaction of the City by June 1, 2023 unless such date is extended or otherwise modified by the City in writing. 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. 2. Payment. City shall pay Consultant an amount not to exceed: One Million Two Hundred Thousand Dollars ($1,200,000) 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 in Exhibit B, which states the not-to-exceed amount that will be paid to Consultant as an administrative fee and the amount that will be paid to Consultant’s sub-consultant for fiscal administration. The amount stated above is the entire compensation payable to Consultant for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Consultant. City shall make payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice to pay Consultant. 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 Consultant. At all times Consultant shall be an independent contractor and City shall not control the manner of Consultant accomplishing the Work. Consultant 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, Consultant 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 Consultant’s performance of the Work or Consultant’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 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. 5. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Consultant (and any subcontractors) shall, at Consultant’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Consultant has obtained and maintains insurance in the following amounts: Short Form Services Agreement [Rev:11/14/2016] 2 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 Consultant, 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. D. Professional Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. [Note: delete if not a professional services agreement] All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Consultant’s insurance. If the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self- insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self- insured retention and also must disclose the deductible. 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. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. 6. Compliance with all Applicable Laws; Nondiscrimination. Consultant shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Consultant 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. 7. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Consultant. Upon receipt of notice of termination or suspension, Consultant 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. 8. 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 Purchase 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 Short Form Services Agreement [Rev:11/14/2016] 3 diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 9. 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 ____. 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. 10. Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Short Form Services Agreement [Rev:11/14/2016] 4 11. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 12. 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. 13. 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. 14. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount which may become due to Consultant pursuant to this Agreement. 15. 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. 16. 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 (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: Wesley Chip Rich, VP of Operations 50 California Street, Suite 650 San Francisco, CA 94111 CRich@ymcasf.org City: City Clerk City of South San Francisco 400 Grand Avenue Short Form Services Agreement [Rev:11/14/2016] 5 South San Francisco, CA 94080 17. Execution in Counterpart; Construction. 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. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 18. Assignment, Governing Law. The Consultant may not assign any of Consultant’s obligations under this Agreement without the City’s prior written approval. This Agreement is governed by California law. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONSULTANT: By: _____________________________ By:__________________________ City Manager Print Name: ___________________ Title: _______________________ ATTEST: City Clerk APPROVED AS TO FORM: ____________________________ City Attorney 3841756.1 Short Form Services Agreement [Rev:11/14/2016] 6 EXHIBIT A Scope of Work As the Program Administrator for the South San Francisco Guaranteed Income Pilot Program, the YMCA Community Resource Center in South San Francisco will solicit applications, select participants through a tiered priority system and lottery (if necessary), engage Community Financial Resources (CFR) as a sub-consultant to serve as the fiscal administrator dispensing payments to selected participants, and evaluate program success by collecting and analyzing data from program participants. Below is a more detailed scope of work by task. Outreach City of South San Francisco and YMCA Community Resource Center (CRC) will outreach city-wide about application to participate in Pilot program (flyers, calls, in-person visits): • SSF Schools • Community Organizations • Local Businesses • Faith-based organizations • City programs • SMC County outreach/Core agency partners Application 1. 2 weeks for outreach 2. 3 weeks open application period (Aug 1-Aug 20, 2021) & continued outreach a. Application completed through survey monkey and a physical mail-in/drop off version 3. 160 Participants chosen through tier system & ultimately lottery system if more than 160 qualify by end of Application deadline Onboarding (N=160) 1. Sample of 160 Households informed they have been selected to participate 2. Inform remainder of applicants they have not been selected 3. Give written information on pilot program to participants a. Consent b. Information/Protocol c. CFR Options Information d. Expectations/Reporting 4. Self-Sufficiency Matrix Assessment 5. Financial Education & Resource Connection Distribution Based on CFR Training have CRC staff assist participants with CFR enrollment & relationship building (Begin with SHFCU b/c longer process than Focus card) Households with SSN/ITIN: • Focus Card through CFR Short Form Services Agreement [Rev:11/14/2016] 7 Households without SSN: • SHFCU Card through CFR Reporting From Participants All: • Pre (before 1st installment of funds) & Post- tests (at end of 12 month pilot) questionnaire assessing Household needs Households Receiving Debit Card: • Request bank statements quarterly stating transactions From YMCA • Demographic report of participants • Quarterly reports on client spending trends • Data from pre, post program questionnaires, and post program interviews (up to 18 months post-program completion) Evaluation Completed by YMCA (Wendy’s team) Data Collected: • Self-Sufficiency Matrix • Spending trends • Alleviated costs • Health/mental health • Savings • Other income/work Give participants gift cards for each time they voluntarily participate in evaluations. Short Form Services Agreement [Rev:11/14/2016] 8 EXHIBIT B Payment Schedule The City of South San Francisco is contracting directly with the YMCA Community Resource Center in South San Francisco, which will serve as the program administrator and sub-contract with a fiscal administrator, Community Financial Resources (CFR). The payment schedule detailed below ensures certain funds are available as soon as they may be necessary (such as evaluation incentives and the hold harmless fund) and as required by CFR in order to make timely payments to program participants (such as the quarterly payments to SSF households). First Payment 8/15/2021 50% of YMCA Administrative Fee Pass-Through Expenses - Q1 Payments to SSF Households - Evaluation Incentives & Hold Harmless Fund - CFR Contract $75,000 $240,000 $55,000 $35,000 First Payment Total $405,000 Second Payment 11/15/2021 Pass-Through Expenses - Q2 Payments to SSF Households $240,000 Second Payment Total $240,000 Third Payment 2/15/2022 50% of YMCA Administrative Fee Pass-Through Expenses - Q3 Payments to SSF Households $75,000 $240,000 Third Payment Total $315,000 Fourth Payment 5/15/2022 Pass-Through Expenses - Q4 Payments to SSF Households $240,000 Fourth Payment Total $240,000 CONTRACT TOTAL $1,200,000 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-607 Agenda Date:7/28/2021 Version:1 Item #:14. Report regarding an Ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Ashley Crociani, Policy Analyst) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an Ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance. The ordinance is now ready for adoption. Ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Introduced on 7/14/21: Vote 5-0) Associations 1.Final Ordinance establishing a Youth Commission ref. 21-518 City of South San Francisco Printed on 7/29/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-608 Agenda Date:7/28/2021 Version:1 Item #:14a. Ordinance adding Chapter 2.83 to Title 2 of the South San Francisco Municipal Code related to the establishment of a Youth Commission. WHEREAS,the City Council of the City of South San Francisco sees the need for input and advice from the youthful community; and WHEREAS,the youthful community of South San Francisco would benefit by a vehicle for communication with the municipal government of South San Francisco; and WHEREAS,the City Council believes the need exists for the issues of youth to be handled in a positive manner with programs that benefit both the City Council and the youthful community. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.The City of South San Francisco finds that all recitals are true and correct and are incorporated herein by this reference. SECTION 2.A new Chapter 2.83 of Title 2 of the City of South San Francisco Municipal Code is adopted to read as follows: 2.83.010 Establishment; Composition; Appointment; Qualifications The Youth Commission is established. The Youth Commission shall consist of a maximum of 15 members,except upon creation,as described in section 2.83.020 of this chapter. The City Council shall appoint the members of the Commission. Members of the Commission shall be at least 14 and no more than 22 years of age and either live within the limits of the City of South San Francisco or the South San Francisco Unified School District (“SSFUSD”).If a Commission member lives outside of the City limits but inside SSFUSD they must either be enrolled in or have graduated from a SSFUSD school.In selecting Commission members,the City Council shall strive to maintain City of South San Francisco Printed on 7/29/2021Page 1 of 5 powered by Legistar™ File #:21-608 Agenda Date:7/28/2021 Version:1 Item #:14a. geographic representation of South San Francisco’s neighborhoods. 2.83.020 Initial Membership The initial membership of the Commission shall consist of all members of the former City of South San Francisco Youth Advisory Council who choose to continue to serve.As the initial members of the Commission age out,resign,or are not reappointed,the membership will decrease until it is less than the maximum established in section 2.83.010(b)of this chapter.At that point,the maximum membership will apply going forward. 2.83.030 Terms Except for initial members of the Commission,the term of each member of the Commission shall be two years and until a successor is appointed and qualified. The initial term of members of the Commission shall be one year.After initial members of the Commission have served for one year, they may each be reappointed for a term of two years. 2.83.040 Vacancies If a vacancy occurs on the Commission,the City Council shall appoint an individual to serve the remaining unexpired term of the former incumbent.Notwithstanding the immediately preceding sentence,the City Council may choose not to fill a vacancy created by the resignation or disqualification of an initial member of the Commission if the total membership of the Commission is greater than the maximum set forth in section 2.83.010(b) of this chapter. 2.83.050 Chairperson, Vice-Chairperson, Secretary At the first meeting of each School Year,the Commission shall elect a Chairperson and a Vice-Chairperson. The term of said offices shall be one year. The Vice Chairperson shall serve in the absence of the Chairperson. A member of City staff designated by the City Manager shall serve as Commission Secretary. 2.83.060 Meetings The Commission shall hold regular meetings at least once every two months.It shall provide in its bylaws or by resolution for the time and place of its regular meetings. A majority of the then-serving members of the Commission shall constitute a quorum. All meetings of the Commission shall be open to the public and comply with the Brown Act (California Government Code sections 54950 et seq.). If the day designated as a regular,adjourned regular,special or study meeting falls upon a legal holiday,the Commission shall meet upon the next succeeding day which is not a holiday unless otherwise ordered by the City of South San Francisco Printed on 7/29/2021Page 2 of 5 powered by Legistar™ File #:21-608 Agenda Date:7/28/2021 Version:1 Item #:14a. Commission. The Commission may create,amend,and repeal its own bylaws or otherwise establish rules of procedure and other rules for the conduct of its business by resolution. The Secretary of the Commission shall ensure the preparation and maintenance of minutes of the business conducted and actions taken by the Commission. 2.83.060 Compensation Members of the Commission shall be eligible for a stipend in an amount established by the City Council.Each member of the Commission may decline the stipend. 2.83.070 Attendance at meetings Commission members may be removed by a majority vote of the City Council following three excused or two unexcused absences during the course of one fiscal year.An absence is considered excused when a Commission member notifies the Secretary of the intended absence at least twenty-four hours prior to the scheduled meeting time. All other absences are considered unexcused. 2.83.080 Commission roles and responsibilities The Commission shall be an advisory body to the City Council.The fundamental responsibility of the Commission shall be to advise and make recommendations to the City Council on issues affecting the community through a youth focused lens. The Commission’s role includes, but is not limited to, the following: Identify the concerns and needs of the children and youth of South San Francisco;examine existing social, economic,educational,and recreational programs for children and youth;develop and propose plans that support or improve such programs; and make recommendations thereon to the City Council. Identify the unmet needs of South San Francisco's children and youth through personal contact with these young people,school officials,leaders of religious organizations,and others;and hold public forums in which both youth and adults are encouraged to participate. Elicit the interest,support,and mutual cooperation of private groups (such as fraternal orders,service clubs, associations,religious organizations,businesses,and youth organizations)and City-wide neighborhood planning collaborative efforts for children,youth and families that initiate and sponsor recommendations that address the social,economic,educational,and recreational needs of children and youth in South San Francisco. Advise the City Council about how such recommendations could be coordinated in the community to eliminate duplication in cost and effort. Hold and conduct forums on such problems,activities,and concerns of youth in which various governmental, and private groups,and other community organizations,may be invited to participate to the extent the commission deems such desirable. City of South San Francisco Printed on 7/29/2021Page 3 of 5 powered by Legistar™ File #:21-608 Agenda Date:7/28/2021 Version:1 Item #:14a. Advise about available sources of governmental and private funding for youth programs. Submit recommendations to the City Council about juvenile crime prevention,job opportunities for youth, recreational activities for teenagers,intergenerational programs,opportunities for effective participation by youth in the governmental process,and changes in City ordinances and regulations that are necessary to improve the social, economic, educational, and recreational advantages of children and youth. Respond to requests for comment and recommendation on matters referred to the Commission by officers, departments,agencies,boards,commissions,and advisory committees of the City,as well as regional governmental organizations seeking input from children and youth regarding their projects and programs. Report to the City Council on the activities,goals,and accomplishments of the Commission at least once each fiscal year, beginning in fiscal year 2021-2022. 2.83.090 City Council consideration of Commission proposals The City Council will receive and consider proposals,suggestions,and ideas initiated by the Commission, subject to scheduling on the City Council agenda to accommodate other City Council business. 2.83.100 Commission use of social media The Commission may operate and maintain its own social media accounts subject to the limits in this section. Posts on the Commission’s social media accounts shall clearly identify that they represent the view of the Commission and not the City Council or City. Posts on the Commission social media accounts shall reflect the consensus or majority view of the Commission and not the views of the individual responsible for each post. The Commission shall include in its bylaws or by resolution approve guidelines for the use of its social media accounts by members of the commission.The Commission’s social media guidelines shall be developed in consultation with the Secretary and City Attorney,and shall to the extent practicable,be consistent with the City’s policies regarding use of social media. 2.83.110 Commission expression of views The City Council encourages the Commission and its members to freely express their views,even when those views are not the same as the views of the City Council or individual members of the Council.Members of the Commission may not always agree with each other or the City Council or members of the City Council.Open and respectful communication of ideas is important and valued.Members of the Commission do not speak for the Commission as a whole unless authorized to do so by a vote of the Commission or when reflecting the consensus or majority view of the Commission.As an advisory body to the City Council,the Commission and its members are expected to observe the City’s rules of decorum and to deal with the public,City staff,and the City’s elected and appointed officials in a manner that maintains a working relationship that enables ongoing collaboration for the public benefit. City of South San Francisco Printed on 7/29/2021Page 4 of 5 powered by Legistar™ File #:21-608 Agenda Date:7/28/2021 Version:1 Item #:14a. SECTION 3.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4.Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 14th day of July 2021. ***** City of South San Francisco Printed on 7/29/2021Page 5 of 5 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-573 Agenda Date:7/28/2021 Version:1 Item #:15. Report regarding the status of design development for a new licensed preschool facility in the Westborough neighborhood.(Greg Mediati,Deputy Director of Parks and Recreation and Philip Vitale,Deputy Director of Capital Projects) RECOMMENDATION It is recommended that the City Council be apprised of the status of design development for a new licensed preschool facility planned for the Westborough neighborhood and provide direction to staff. BACKGROUND/DISCUSSION The Childcare Program is one of seven program areas within the Recreation Division of the Parks and Recreation Department.The Childcare Program serves nearly 1,200 children and young adults annually through its three licensed preschools,four licensed After School Recreation Programs,two State grant-funded REAL (Recreation, Enrichment and Learning) Programs, and seasonal and special needs camps. The three preschools are licensed by the State of California’s Department of Social Services Community Care Licensing Program.This includes Westborough Preschool,Siebecker Preschool,and Little Steps Preschool located at the Community Learning Center.The preschools operate Monday through Friday,7:30 a.m.to 6:00 p.m.Westborough Preschool,with a capacity of 59 children,and Siebecker Preschool,with a capacity of 55 children,are full fee-based programs.Little Steps Preschool,with a capacity of 20 children,is grant-funded by the Big Lift initiative, whereby qualifying participants can enroll at a greatly reduced cost or at no cost at all. Full fee-paying participants are assessed a monthly fee of $657,while Little Steps Big Lift Program participants pay between $0 and $350 per month on a sliding scale based on household income,with an average tuition of $96 per month.In contrast,the average cost for preschool care in San Mateo County is $1,820 per month. For the purpose of this report,information prior to the COVID-19 pandemic is being used to demonstrate the community’s need for childcare services,since the true impact of COVID-19 on childcare supply and demand remains to be seen. In addition, the City’s childcare operations during COVID-19 continue to evolve over time. Waiting List for City-Operated Preschools There are over 700 children on the City’s preschool waiting list,including unborn children,and approximately 200 families are added to the list each year.To get on the waiting list,families just need to complete an application and pay a $31 nonrefundable waiting list fee.The waiting list is maintained in the order the application was received,and rolls over year to year.Being on the waiting list is not a guarantee of entrance into the program.While enrollment can take place at any time over the course of a year,movement off of the waiting list typically takes place over the summer,as approximately 60 to 70 children graduate to kindergarten. Staff also purge the list regularly to remove children who have turned 5 years old and would be old enough to attend kindergarten. City of South San Francisco Printed on 7/23/2021Page 1 of 5 powered by Legistar™ File #:21-573 Agenda Date:7/28/2021 Version:1 Item #:15. Childcare Budget Prior to COVID,the Childcare Program operated on a $3.9 million General Fund operating budget and a revenue budget of just over $3 million.The program is also supported by two grants,both of which have been committed in full and without interruption during the COVID-19 pandemic.One grant is the After School Education and Safety Grant (ASES)in the amount of $247,695 per year.The ASES grant funds the REAL (Recreation,Enrichment and Learning)After School Program at Martin and Los Cerritos Elementary Schools. The second grant is the Big Lift Grant in the amount of $220,000 that funds the Little Steps Preschool.Both grants have been in place for the past several years. Childcare Impact Fees In the late 1990s and early 2000s, the City recognized the growing shortage of high-quality affordable childcare options locally with increased development. In 2001, the City Council approved Chapter 20.310 in the South San Francisco Municipal Code, which sought to help address the growing shortage by collecting impact fees from future commercial and residential developers to fund the development and expansion of childcare facilities in the City’s major employment areas. The City requires the funds only be utilized for capital costs to establish new spaces for childcare, not toward operational costs such as paying for staff. Revenues raised from developments may be used for the following: ·Building new childcare facilities; ·Expanding existing childcare facilities; ·Leasing existing commercial space; ·Establishing new family childcare homes and expanding spaces at existing family childcare homes; ·Creating new childcare facilities through the South San Francisco Unified School District; and ·Creating new childcare spaces within the Parks and Recreation Department. Childcare Master Plan This past May, Parks and Recreation staff selected a consultant, Kathleen White, to assist staff in crafting a comprehensive Childcare Master Plan. Kathleen has spent decades studying and working in the education and childcare field, most recently serving as a faculty member and department chair for the Child Development and Family Studies Department at City College of San Francisco. The purpose of the Master Plan is to focus on improving and expanding the reach, quality and impact of early childhood education programs, childcare and youth services for South San Francisco residents. The Master Plan will be used as a resource for guiding future operations and developments of childcare centers and programs over the next ten to fifteen years. A draft plan is expected to be presented for City Council consideration toward the end of the calendar year. Westborough Neighborhood Preschool Understanding the great need for preschool services in South San Francisco, the City Council authorized the construction of a new preschool facility in the Westborough neighborhood in 2020. The Westborough area was selected by the City Council as it currently has the greatest density of individuals on the wait list, however, staff understands this does not necessarily detail where the most need exists. The Childcare Master Plan will study this issue in earnest. At that time, cost estimates for new construction of a facility intended to serve 40-80 children were being tabulated, however the full balance of Childcare Impact Fees in hand at that time, totaling $5.5 million was City of South San Francisco Printed on 7/23/2021Page 2 of 5 powered by Legistar™ File #:21-573 Agenda Date:7/28/2021 Version:1 Item #:15. placed into the project fund to begin design. After examination of City-owned properties in the area, Carter Park was determined to be the most appropriate site due to several factors related to existing conditions, vehicular and pedestrian circulation, parking, cost to construct (nearby utilities, geotechnical conditions, etc.) and adjacent land uses / neighborhood context. Staff engaged Sim Architects, one of the City’s prequalified on-call architects, to begin programmatic design work for the facility in May 2021. Design Progress to Date Staff and consultants have completed preliminary site analysis, cost estimating and program planning to determine the most appropriate location within the site and the minimum building area for efficient childcare operations in order to serve a minimum of 60 children. Staff and consultants studied several locations within the park to site the new facility, ultimately recommending a mid-block location along the frontage of Carter Drive, centered between Meath Drive and Duhallow Way. This location was selected based on the following criteria: ·Convenient access to both parking lots and street parking ·Facility visibility ·Neighborhood context and adjacent land uses ·Minimal impact to existing park amenities, leaving over 1.5 acres of parkland ·Opportunities for future expansion ·Wind protection for the patio/open space areas The facility is expected to include three classroom spaces each serving 20 children, office and staff support areas, a small kitchen, and adult and children’s restrooms. On the exterior of the facility, a private patio area will allow space for large motor skill development. A new 2-5-year-old playground, a requirement for licensing, will serve the program and also be made available to the public when not in use by the preschool, benefitting the larger neighborhood. The playground is intended to be inclusive to all abilities, serving students and the general public. Further improvements to the park are being studied outside of the project as part of the Common Greens Capital Improvement Project, with $2.5 million of Common Greens funding allocated in total - $500,000 in FY 23/24 and $2 million in FY 24/25. Construction Type Staff and consultants studied two delivery methods: traditional (stick-build) construction or modular (pre- fabricated) construction. The following summarizes the benefits of either delivery method. Traditional Construction Pros ·Site specific design ·Design flexibility ·Local construction contracts Cons City of South San Francisco Printed on 7/23/2021Page 3 of 5 powered by Legistar™ File #:21-573 Agenda Date:7/28/2021 Version:1 Item #:15. ·Higher construction costs ·Longer construction period Timeline ·Design: 10 months ·Bid: 4 months ·Construction: 10 months ·Total: 24 months (potentially opening spring/summer 2023) Cost (estimated) ·Soft Costs: $1.95 million ·Hard Costs: $5.95 million ·Total: $7.9 million Modular Construction Pros ·Accelerated construction schedule ·Cost savings ·Minimal construction waste Cons ·Possible finish limitations ·Limited size and shape options ·Less flexibility for design changes Timeline ·Design: 9-10 months ·Bid: 2-4 months ·Construction: 7 months ·Total: 18-21 months (potentially opening winter/spring 2023) Cost ·Soft Costs: $1.6 - $1.8 million ·Hard Costs: $4.8 - $5.3 million ·Total: $6.4 - $7.1 million Additional costs in either scenario may be associated with LEED certification, photovoltaic systems, or other facility upgrades. While new construction would provide the City with the most flexibility in design, staff recommends pursuing modular construction in this instance due to the benefits associated with project cost savings and compressed construction duration. Life expectancy for both construction types are similar, estimated at 40 to 50 or more years. City of South San Francisco Printed on 7/23/2021Page 4 of 5 powered by Legistar™ File #:21-573 Agenda Date:7/28/2021 Version:1 Item #:15. STRATEGIC PLAN This endeavor supports the City’s Strategic Plan Goal #2 “Quality of Life,”as it supports the City’s mission to provide facilities for high quality learning programs for young children. FISCAL IMPACT The current balance in the Childcare Impact Fee fund is approximately $6.7 million.$5.7 million of this amount is encumbered for the Westborough Neighborhood Preschool Project,and other projects.Additional revenues of $666,700 (2021/22)and $6,940,000 (2022/23)are projected for the Childcare Impact Fee Fund,for an approximate fund balance of $14,306,700 at time of construction,though it must be noted these figures are estimates based on the projected developments in the pipeline. Furthermore,it must be noted that whichever delivery method is chosen,the total cost of the project will likely exceed what has been allocated in the CIP,and staff will be returning at mid-year or with a standalone legislative item for City Council action and a budget amendment.In the interim,the project team will be researching the cost and availability of modular units to ensure that this is the best option available.Assuming the modular method, an additional sum may be needed, funded by the Childcare Impact Fund. If the preschool were operated by the City,ongoing operational costs of staffing,utilities,maintenance,and supplies would be partially offset by tuition fees,with cost recovery balanced against universal access. Increased awareness of the importance of preschool in determining future academic success could also result in more state and federal funding for preschool facilities and programming. CONCLUSION It is recommended that the City Council be apprised of the status of this project and provide direction to staff on which construction delivery type to advance in design. City of South San Francisco Printed on 7/23/2021Page 5 of 5 powered by Legistar™ Carter Park Preschool City Council Meeting July 28, 2021 Goal Introduce City Council to the Carter Preschool Preschool Project and gather feedback to provide staff direction necessary to proceed with the project. 2 Existing Preschool Programs & Demand ●City operates licensed preschool at 3 sites: Siebecker, Westborough and Little Steps (CLC) ●Total children in preschool programs (pre-COVID): 134 ●Currently 700 children on waiting list Heat map showing waiting list registrants 3 Childcare Master Plan ●Consultant on-boarded May 2021 ●Public outreach / City stakeholder interviews: Summer 2021 ●Draft completion: December 2021 / January 2022 4 Carter Park Preschool 5 Design Direction ●Building (5,300 sf) ○Three Classrooms ○Three Restrooms ○Office/Admin Spaces ○Kitchen/Staff Support Area ●Landscape ○Partially Sheltered Patio Area ○Shared Public/Preschool Playground ●Serve up to 60 children 6 Conceptual Layout 7 Classroom Layout 8 Existing Conditions and Site Layout Options 9 Preferred Site Layout Site Considerations ●Convenient Access to Both Parking Lots ●High Visibility and Community Influence ●Minimal Impact to Existing Park Amenities ●Opportunity for Future Expansion ●Opportunity for Playground Expansion ●Wind Protection of Patio Open Space 10 Playground and Open Space Considerations 11 Traditional Construction Pros ●Site Specific Design ●Design Flexibility ●Local Construction Contracts Cons ●Higher Construction Costs ●Longer Construction Period Construction Type Comparison Modular Construction Pros ●Accelerated Construction Schedule ●Cost Savings ●Minimal Construction Waste Cons ●Possible Finish Limitations ●Limited Size and Shape Options ●Less Flexibility for Design Changes 12 Traditional Construction Timeline Design 10 months Bid 4 months Construction 10 months Total 24 months * Open Spring/Summer 2023 Cost Soft Cost $1.95M Hard Costs $5.95M Total $7.9M Construction Type Comparison Modular Construction Timeline Design 9-10 months Bid 2-4 months Construction 7 months Total 18-21 months * Open Winter/Spring 2023 Cost Soft Cost $1.6M - $1.8M Hard Costs $4.8M - $5.3M Total $6.4M - $7.1M * FY 2020/2021 Allocated Budget $5.5M 13 Funding 20-2121-22 22-23 23-24 24-25 25-26 8,442 666,714 6,940,028 1,486,800 2,411,597 1,459,336 Revenue Running Total Current Balance $6,700,000 $6,700,000 2021/22 $666,714 $7,366,714 2022/23 $6,940,028 $14,306,742 2023/24 $1,486,800 $15,793,542 14 Staff Recommendation 1.Further explore modular construction with a focus on cost and schedule savings 2.Confirm product availability and modular procurement process Staff will request Mid-Year or Stand Alone Budget Amendment for revised project budget amount 15 Thank You 16 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-595 Agenda Date:7/28/2021 Version:1 Item #:16. Report regarding a direct lease between the City of South San Francisco and the property owner at 235 Grand Avenue to use the second floor office space for City staff for two years.(Mike Futrell,City Manager and Mike Lappen, Economic Development Coordinator) RECOMMENDATION Staff recommends the City Council authorize the City Manager to enter into a direct lease with the property owner at 235 Grand Avenue to use the second floor office for City staff temporarily for two year,beginning August 1, 2021. BACKGROUND/DISCUSSION Over the past 15 months the City has embarked on new programs and initiatives to address the numerous economic and social equity issues arising from the COVID-19 pandemic and the racial and social equity awareness following the murder of George Floyd.This has included the addition of Graduate Fellows to assist in these initiatives,working under the direction of the City Manager and the team in the City Manager’s Office. These initiatives and associated staff have stretched the space available in City Hall to the limit,and temporary office space in the downtown area is needed to accommodate city staff. Over the past few months,City staff has explored potential downtown locations and evaluated them based on location,size,configuration,accessibility,availability,and affordability.Based on these criteria,staff quickly deemed 235 Grand Avenue as the preferred leasing option.The unit has a central and accessible location,large space,private offices,open floor plan,bathroom,kitchen,conference room,access to transit,and immediate availability. The proposed lease rate is “full service”and equates to $2.46 per square feet per month -a rate that includes all monthly expenses save for utilities (as mentioned above).This falls within the range of current lease rates for space in the downtown,as verified by CoStar.As a comparison,staff investigated three possible sites in downtown that offered office space.Two of the sites were too large,approximately 4,000 square feet each,and the building owner for the unit with a suitable space that fit within our size and location category wanted to city to pay $3.00 per feet per month,which includes the base rent and the additional “triple-net”utility and maintenance costs. The Space - 235 Grand Ave The roughly 1,300 square foot office space is located on the second floor above the ICBC Bank.The property is attractive for City staff and the new Graduate Fellows office space due to the large usable office space inside, office amenities,high pedestrian traffic along Grand Avenue,walking distance to Old Town and other areas of the downtown community,and its proximity to transit (SAMTRANS and Caltrain).The space would also City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-595 Agenda Date:7/28/2021 Version:1 Item #:16. the downtown community,and its proximity to transit (SAMTRANS and Caltrain).The space would also provide sufficient space to allow City staff and the Graduate Fellows to work effectively in a professional environment. The proposed lease terms include: ·Office Square feet, approximately 1,300 sq ft ·Rent is to be $3,200 per month, gross lease ·Tenant to pay for the prorated share of PG&E and water ·Two years effective August 1, 2021 ·Big Conference room is not included in the lease but the City staff can book it in advance to use it subject to owner’s discretion. The unit is currently used as an office space for Hisense staff and is in good shape.The City would not need to pay for any significant tenant improvements other than providing office furniture,computers,and other equipment and furnishings. FISCAL IMPACT The annual rent for the office unit would be $38,400.00.The City would be responsible for sharing PG&E and water use costs with the property owner,which is estimated to be approximately $100.00 per month.The City could purchase furniture from Hisense,estimated to be $1,500.Staff will consult with the City’s I.T. Department to determine an estimate for computers,phone service and internet service.The costs will be covered by the City Manager’s office. CONCLUSION City staff is recommending that the City Council authorize the City Manager to enter into a direct lease with the property owner at 235 Grand Avenue to use the second-floor office for City staff and the Graduate Fellows program. City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ 235 Grand Avenue South San Francisco – with furniture Joint use area down stairs Back steps to office City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-609 Agenda Date:7/28/2021 Version:1 Item #:16a. Resolution authorizing the City Manager to execute a lease agreement for the commercial space located at 235 Grand Avenue in South San Francisco for the purposes of providing office space for City staff and the Fellows program. WHEREAS, the City Council desires to enter into a short-term lease that will allow City staff and participants in the Fellows program to work under one roof in a location that is accessible to the City Manager’s office; and WHEREAS, City staff has identified a 1,300 square foot space located at 235 Grand Avenue that would provide sufficient space to allow City staff and the Fellows to work effectively in a professional environment. The space is also large enough to provide additional conference and meeting space; and, WHEREAS, the City desires to occupy the unit by August 1, 2021; and, WHEREAS, the City has been negotiating a lease for the vacant space at 235 Grand Avenue and resolved significant terms with the property owner, which are reflected in the term sheet attached as Exhibit 1 and summarized in the staff report associated with this resolution; and WHEREAS, staff projects the first year of lease payments to be $38,400.00 including the base lease term, janitorial, utilities, and other monthly expenses; and, WHEREAS, staff and the property owner is currently finalizing the lease based on the terms outlined in Exhibit 1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager, or his designee, to execute the lease agreement that substantially conforms to the terms attached as Exhibit 1 to this resolution and described in the staff report associated with the resolution, and as a result of completed negotiations, to make any revisions, amendments, or modifications, deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City's obligations thereunder, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that this resolution shall take effect immediately. ***** City of South San Francisco Printed on 8/3/2021Page 1 of 1 powered by Legistar™ Exhibit 1 235 Grand Avenue Proposed Lease Terms The proposed lease terms include: • Office Square feet, approximately 1,300 sq ft • Rent is to be $3,200 per month, gross lease • Tenant to pay for the prorated share of PG&E and water • Two years effective August 1, 2021 • Big Conference room is not included in the lease but the City staff can book it in advance to use it subject to owner’s discretion. The unit is currently used as an office space for Hisense staff and is in good shape. The City would not need to pay for any significant tenant improvements other than providing office furniture, computers, and other equipment and furnishings. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-593 Agenda Date:7/28/2021 Version:1 Item #:17. Report regarding a resolution naming the large playground at Westborough Park in Memory of Anne Waters. (Sharon Ranals, Assistant City Manager) RECOMMENDATION Staff recommends that City Council receive a recommendation from the Parks and Recreation Commission and adopt a Resolution to name the large playground at Westborough Park after Anne Waters. BACKGROUND/DISCUSSION Two residents have submitted requests to honor Anne Waters by naming a public facility or amenity in her honor.Frances Luster submitted a request on March 17,2021,to name the Westborough Recreation Building in her memory.Richard Garbarino submitted a request on March 25,2021,endorsing the Council’s action on March 24,2021,to rename the Westborough Recreation Building in honor of Alice Peña Bulos,and suggesting that Anne Waters is also deserving of recognition.He proposed that,“perhaps naming the playground would be appropriate.” Both requests are attached. Administrative Instruction Section 1,#4,which defines policies,responsibilities and procedures associated with naming of City facilities,was updated in 2005.In accordance with the policy,the Waters request was forwarded to the City Council Ad-Hoc Naming Committee,which is comprised of Mayor Addiego and Councilmember Nicolas.The Committee met on May 10,2021,and reviewed the request.As specified in the naming policy,the Committee forwarded the request to the Parks and Recreation for consideration.The Commission agendized the issue at a regular public meeting on May 18,2021,and voted unanimously to forward the recommendation to City Council that the large playground at Westborough Park be named the Anne Waters Playground. In order to meet the criteria for having an amenity named for an individual,the policy requires that the following conditions be met: The individual,their family or a community organization has made exceptional contributions to the City,including one or more of the following:a)financial gifts;b)public service as an elected official; c)public service as a community volunteer;and d)long term sponsorship agreements.There must be a well-defined connection associated with the contributions of the individual or community organization and the City facility. The significance of the contribution from the individual/organization needs to be evaluated in terms of the service impact of the City facility. Individuals and organizations that have made contributions of regional or community-wide significance may be considered for name of facilities that serve the region or community.Individuals and organizations that have made contributions of areas or neighborhood-wide significance may be City of South San Francisco Printed on 8/3/2021Page 1 of 3 powered by Legistar™ File #:21-593 Agenda Date:7/28/2021 Version:1 Item #:17. organizations that have made contributions of areas or neighborhood-wide significance may be considered for naming of facility that serve areas or neighborhoods within the City,including recreational facilities and amenities within City parks. Anne Waters is qualified for consideration to have an amenity in the Westborough area named for her on the basis of her many years of public service as a community volunteer,and her strong connection with the Westborough neighborhood and park.Mrs.Waters served on the Cultural Arts Commission and as Chair of the Westborough Swimming Pool Fund Raising and Advisory Committee (WSPFR&AC).She advocated for the recreational needs of the residents in the Westborough area,and was instrumental in the allocation of funds for the construction of the Westborough Recreation Building.Although the goal of building a swimming pool adjacent to the Recreation Building did not come to fruition,Mrs.Waters and the WSPFR&AC conducted several fundraisers and worked hard toward this ambitious goal.When the committee dissolved,they donated the funds in their account toward the renovation of the Westborough Park playground. Mrs.Waters enrolled in the Public Administration Master’s Degree program at San Francisco State University to become better equipped to navigate the public sector.She served on the Cultural Arts Commission for a number of years,and participated in the selection of a number of pieces of public art,including the Millennium sculpture on Westborough Boulevard;Safe Haven in the Orange Memorial Park Sculpture Garden;and the Prometheus Brings Fire to Man mural at the Caltrain Station,among others.As a strong African-American woman who was an active volunteer focused on improving the community,Anne Waters was an inspirational role model.She was consistently kind,thoughtful,positive,and collaborative in her interactions with her fellow Commissioners and staff. Given the fact that the Westborough Recreation Building has been re-named in honor of Alice Peña Bulos,the Parks and Recreation Commission supported Richard Garbarino’s suggestion of naming the Westborough Playground in honor of Anne Waters.If approved,a framed photo of Mrs.Waters and information about why the playground was named in her memory will be placed inside the Alice Peña Bulos Community Center (formerly the Westborough Recreation Building).A bronze plaque will be installed on the wall of the playground to commemorate the naming.A reception will be scheduled for her family and friends to celebrate the naming. FISCAL IMPACT The anticipated fiscal impact is the cost of the interior description Mrs.Waters’contributions,the bronze plaque for the playground wall,and reception refreshments.Total estimated cost is approximately $2,000,which would be absorbed by the Parks and Recreation Department’s operating budget. RELATIONSHIP TO STRATEGIC PLAN Acknowledging and celebrating community members who have made a difference in South San Francisco is embedded in Priority #3: Quality of Life and Priority #6: Community Connections. CONCLUSION Staff recommends that City Council receive a recommendation from the Parks and Recreation Commission and adopt a Resolution to rename the large playground at Westborough Park after Anne Waters. Attachments: 1.City Administrative Instruction, Section 1, #4 City of South San Francisco Printed on 8/3/2021Page 2 of 3 powered by Legistar™ File #:21-593 Agenda Date:7/28/2021 Version:1 Item #:17. 2.Letter from Frances Luster, March 17, 2021 3.E-mail from Richard Garbarino, March 25, 2021 City of South San Francisco Printed on 8/3/2021Page 3 of 3 powered by Legistar™ Agenda Item 17. 21-593 Report regarding a resolution naming the large playground at Westborough Park in Memory of Anne Waters. (Sharon Ranals, Assistant City Manager) Legislation Text City Administrative Instruction on Naming Section 1 #4.pdf Letter from Frances Luster March 17 2021.pdf 3. E-mail from Richard Garbarino March 25 2021.pdf 2 Public Comments Guest User at July 26, 2021 at 5:45pm PDT I cannot think of a more fitting tribute to Anne Waters than to name the Westborough playground after her. Anne was a community activist who worked diligently for many years to improve her neighborhood and the quality of life for Westborough residents. Her commitment to the community was total and unselfish. Anne spent many hours at Council and Park and Recreation meetings espousing her causes. For many years Anne worked tirelessly for the construction of a swimming pool in Westborough, which unfortunately never came to fruition.Never the less, Anne never gave up in her efforts to improve her community. She is a role model for those who want to be involved. Thank you Anne for all that you have done for Westborough and South San Francisco. Respectfully submitted, Rich Garbarino Gabriel Rodriguez admin at July 26, 2021 at 3:26pm PDT Support Public Comment from Rich Garbarino: I cannot think of a more fitting tribute to Anne Waters than to name the playground in Westborough Park for her. Anne was community actiivist who for many years, worked diligently to improve her neighborhood and the quality of life for Westborougjh residents. Her commitment to the community was total and unselfish, with Anne spending many houirs before the Council and Park and Recreation Commission espousing her causes. One of her main goals was to have a swimming pool in Westborough and she spent a great deal of her efforts to secure funding for a pool. Unfortunately, not enough funds were raised to make her dream come true. The efforts that Anne made for her community should be model for those wanting to make a diifference. Thank you Anne for all that you have done for Westborough and South San Francisco. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-594 Agenda Date:7/28/2021 Version:1 Item #:17a. Resolution naming the large playground at Westborough Park in memory of Anne Waters. WHEREAS,resident Frances Luster submitted a request that the Westborough Recreation Building be renamed in honor of Anne Waters on March 17,2021,and Richard Garbarino submitted a request that the playground at Westborough Park be named in memory of Anne Waters on March 24, 2021; and WHEREAS,at the May 10,2021 meeting of the City Council Naming Committee,Ad-Hoc,Committee members Mayor Mark Addiego and Councilmember Flor Nicolas provided direction to staff regarding naming the playground at Westborough Park; and WHEREAS,per Administrative Instruction 1.4,the naming process of new and existing City recreation sites and amenities is reviewed by the Parks and Recreation Commission prior to Council action; and WHEREAS,the Parks and Recreation Commission agendized this request at their regular public meeting on May 10,2021,and considered Anne Waters’qualifications,including her many years of public service as a community volunteer,and her strong connection with the Westborough neighborhood and park,before she died in 2014; and WHEREAS,as a strong African-American woman who was an active volunteer focused on improving the community,Anne Waters was an inspirational role model;she served on the Cultural Arts Commission and as Chair of the Westborough Swimming Pool Fund Raising and Advisory Committee; and WHEREAS,Anne Waters advocated for the recreational needs of the residents in the Westborough area,and was instrumental in the allocation of funds for the construction of the Westborough Recreation Building; although the goal of building a swimming pool adjacent to the Recreation Building did not come to fruition, Mrs.Waters and the Committee conducted several fundraisers and worked hard toward this ambitious goal,and when the Committee dissolved,the funds in their account were donated to be utilized toward the renovation of the Westborough Park playground; and WHEREAS,the Parks and Recreation Commission unanimously recommended naming of the large playground at Westborough Park in honor of Anne Waters at their regular meeting of May 10, 2021. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves recognition of an exceptional South San Francisco woman for her service and dedication to our community via the honor of naming the large playground at Westborough Park for Anne Waters. City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-594 Agenda Date:7/28/2021 Version:1 Item #:17a. ***** City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-559 Agenda Date:7/28/2021 Version:1 Item #:18. Report regarding an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code, adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution, and adopting a resolution setting compensation for advisory body members.(Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council introduce and waive reading of an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code and adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution, and adopting a resolution setting compensation for advisory body members. BACKGROUND/DISCUSSION Title 2 (Administration) of the City of South San Francisco Municipal Code (“Municipal Code”) provides for the establishment of several commissions, committees, and boards (herein collectively referred to as “advisory bodies”), including the Public Library Board of Trustees, Planning Commission, Parks and Recreation Commission, Personnel Board, Parking Place Commission, Conference Center Authority, Cultural Arts Commission, Traffic Safety Commission, Bicycling and Pedestrian Advisory Committee, and the Youth Commission. Municipal Code Sections 2.52.070, 2.56.060, 2.60.060, 2.62.060, 2.64.060, 2.78.080, 2.80.080, 2.81.060, 2.82.060, and 2.83.060 currently provide that compensation for each advisory body member is fifty dollars for each regular meeting actually attended. Municipal Code Section 2.81.060 further provides that members of the parking place commission will receive fifty dollars total for attending either a parking place commission or a traffic safety commission meeting or for attending both meetings consecutively on the same day and will not receive one hundred dollars for attending both the parking place commission and the traffic safety commission meetings consecutively on the same day.Municipal Code Section 20.440.005 establishes that Design Review Board members will be compensated according to the schedule adopted by the City Council. Staff recommends that City Council introduce an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code to remove the individual sections setting advisory body member compensation amounts, and adopt Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution. Staff further recommends City Council adopt a resolution setting the compensation for advisory body members at one hundred dollars for each regular meeting actually attended. Furthermore staff recommends that the resolution establish that members of both the parking place commission and traffic safety commission will receive one hundred dollars total for attending either a parking place commission or a traffic safety commission meeting or for attending both meetings consecutively on the same day and will not receive one hundred dollars for attending both the parking place commission and the traffic safety commission meetings consecutively on the same day. The resolution would also establish that the Housing Authority commissioner stipend of fifty dollars for each scheduled regular meeting attended, established pursuant to City Council Resolution 5-2000, would be superseded, establishing the compensation amount of one-hundred dollars for all compensated advisory body members. City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-559 Agenda Date:7/28/2021 Version:1 Item #:18. FISCAL IMPACT At the current $50 per meeting compensation level for advisory body members,the total annual cost is approximately $50,000,and changes depending upon the vacancy rates and frequency of meetings.If the compensation level were increased to $100 per meeting,the total annual cost would double,with an approximate total cost impact to the City of $100,000. CONCLUSION It is recommended that the City Council introduce and waive reading of an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code,adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution,and adopt a resolution setting compensation for advisory body members. City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ Agenda Item 18. 21-559 Report regarding an ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code, adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution, and adopting a resolution setting compensation for advisory body members. (Sky Woodruff, City Attorney) Legislation Text 1 Public Comment Guest User at July 28, 2021 at 12:23pm PDT Oppose Mayor Addiego and Councilmembers, I oppose this increase to the advisory boards, commissions and committees. They are volunteers and should not be compensated at all. These now $100k funds should be put to better use in our community and or keep the compensation the same. Thank you. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-560 Agenda Date:7/28/2021 Version:1 Item #:18a. Ordinance amending Title 2 and Title 20 of the City of South San Francisco Municipal Code and adopting Chapter 2.84 to allow for setting compensation of advisory body members by city council resolution. WHEREAS, Title 2 (Administration) and Title 20 (Zoning) of the City of South San Francisco Municipal Code (“Municipal Code”) provide for the establishment of several commissions, committees, and boards (herein collectively referred to as “advisory bodies”), including the Public Library Board of Trustees, Planning Commission, Parks and Recreation Commission, Personnel Board, Parking Place Commission, Conference Center Authority, Cultural Arts Commission, Traffic Safety Commission, Bicycling and Pedestrian Advisory Committee, Youth Commission, and Design Review Board; and WHEREAS, Municipal Code Sections 2.52.070, 2.56.060, 2.60.060, 2.62.060, 2.64.060, 2.78.080, 2.80.080, 2.81.060, 2.82.060, and 2.83.060 currently provide that compensation for each advisory body member is fifty dollars for each regular meeting actually attended; and WHEREAS,Municipal Code Section 20.440.005 establishes that Design Review Board members will be compensated according to the schedule adopted by the City Council; and WHEREAS, advisory body members perform important services for the benefit of the community; and WHEREAS,City Council now wishes to increase compensation for the service of advisory body members,but wishes to remove the need to adopt a new ordinance each time Council desires to amend the compensation amount; and WHEREAS,City Council further wishes to amend Title 2 and Title 20 of the City of South San Francisco Municipal Code and adopt Chapter 2.84 to allow for setting compensation of advisory body members by City Council resolution. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment to Title 2 Title 2 and Title 20 of the South San Francisco Municipal Code are hereby amended to read as follows (additions in double-underline;deletions in strikethrough).Any sections,portions,or Chapters in Title 2 and Title 20 not included below are to remain in force and unaltered. City of South San Francisco Printed on 7/29/2021Page 1 of 5 powered by Legistar™ File #:21-560 Agenda Date:7/28/2021 Version:1 Item #:18a. a)Section 2.52.070 of the Municipal Code is amended as follows: Trustees shall each receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Trustees shall receive compensation for their services as provided for in Chapter 2.84. b)Section 2.56.060 of the Municipal Code is amended as follows: Commissioners shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Commissioners shall receive compensation for their services as provided for in Chapter 2.84. c)Section 2.60.060 of the Municipal Code is amended as follows: Commissioners shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Commissioners shall receive compensation for their services as provided for in Chapter 2.84. d)Section 2.62.060 of the Municipal Code is amended as follows: Board members shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Board members shall receive compensation for their services as provided for in Chapter 2.84. e)Section 2.64.060 of the Municipal Code is amended as follows; Commissioners shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Commissioners shall receive compensation for their services as provided for in Chapter 2.84. f)Section 2.78.080 of the Municipal Code is amended as follows: Commissioners, other than the city council commissioners, shall each receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Commissioners, other than city council commissioners, shall receive compensation for their services as provided for in City of South San Francisco Printed on 7/29/2021Page 2 of 5 powered by Legistar™ File #:21-560 Agenda Date:7/28/2021 Version:1 Item #:18a. Chapter 2.84. City council commissioners shall not receive compensation for their services. g)Section 2.80.080 of the Municipal Code is amended as follows: Minutes of meetings of the cultural arts commission shall be kept for all meetings and copies thereof shall be delivered by the secretary of the commission to the city clerk for filing and distribution to member of council within fifteen days of the commission’s approval.Commissioners shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended. Commissioners shall receive compensation for their services as provided for in Chapter 2.84. h)Section 2.81.060 of the Municipal Code is amended as follows: Commission members shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended. members of the parking place commission shall receive fifty dollars total attending either a parking place commission or a traffic safety commission meeting or for attending both meetings consecutively on the same day and shall not receive one hundred dollars for attending both the parking place commission and the traffic safety commission meetings consecutively on the same day.Commissioner members shall receive compensation for their services as provided for in Chapter 2.84. Commission members of both the parking place commission and the traffic safety commission shall receive compensation for attending either a parking place commission or a traffic safety commission meeting or for attending both meetings consecutively on the same day. Commission members of both commissions shall not receive compensation for attending both the parking place commission and the traffic safety commission meetings consecutively on the same day. i)Section 2.82.060 of the Municipal Code is amended as follows: Committee member shall receive for their services compensation in the amount of fifty dollars for each regular meeting actually attended.Committee members shall receive compensation for their services as provided for in Chapter 2.84. j)Section 2.83.060 of the Municipal Code is amended as follows: Members of the Commission shall be eligible for a stipend in an amount established by the City Council. Each member of the Commission may decline the stipend.Members of the Commission shall receive compensation for their services as provided for in Chapter 2.84. City of South San Francisco Printed on 7/29/2021Page 3 of 5 powered by Legistar™ File #:21-560 Agenda Date:7/28/2021 Version:1 Item #:18a. k)Section 20.440.005 of the Municipal Code is amended as follows: D.Compensation.The Design Review Board members shall be compensated according to the schedule adopted by the City Council.The Design Review Board members shall receive compensation for their services as provided for in Chapter 2.84. SECTION 3.Adoption of Title 2, Chapter 2.84 The City Council hereby adopts Chapter 2.84 (“Advisory Body Member Compensation”) of Title 2 of the South San Francisco Municipal Code to read as follows: Chapter 2.84 ADVISORY BODY MEMBER COMPENSATION 2.84.010 Findings and Purpose. 2.84.020 Definitions. 2.84.030 Compensation 2.84.010 Findings and Purpose. The City Council finds and determines that compensation for all advisory body members shall be provided as set forth in this Chapter. 2.84.020 Definitions. a)“Advisory body,” for the purpose of this Chapter only, means the city commissions, committees, and advisory boards established by ordinance and set forth in Title 2 and Title 20 of the Municipal Code. b)“Advisory body member” means a commissioner, committee member, or board member of any advisory body. 2.84.030 Compensation. a)The City Council shall set compensation for advisory body members by resolution. b)Advisory body members shall receive compensation for each regular meeting actually attended. c)Advisory body members may decline compensation. SECTION 4.Severability. If any section,subsection,sentence,clause,or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity City of South San Francisco Printed on 7/29/2021Page 4 of 5 powered by Legistar™ File #:21-560 Agenda Date:7/28/2021 Version:1 Item #:18a. unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause,or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,the City Attorney shall prepare a summary of this Ordinance.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 ***** City of South San Francisco Printed on 7/29/2021Page 5 of 5 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-561 Agenda Date:7/28/2021 Version:1 Item #:18b. Resolution setting compensation for members of City of South San Francisco boards,commissions, committees, and authorities. WHEREAS,Title 2 (Administration)and Title 20 (Zoning)of the City of South San Francisco Municipal Code (“Municipal Code”)provides for the establishment of several commissions,committees,and boards (herein collectively referred to as “advisory bodies”),including Public Library Board of Trustees,Planning Commission,Parks and Recreation Commission,Personnel Board,Parking Place Commission,Conference Center Authority,Cultural Arts Commission,Traffic Safety Commission,Bicycling and Pedestrian Advisory Committee, Youth Commission, and Design Review Board; and WHEREAS,South San Francisco City Council Resolution 5-2000 authorized the adjustment of the stipend for the Housing Authority Commissioners from twenty-five dollars ($25.00)to fifty dollars ($50.00)for each scheduled regular meeting attended; and WHEREAS, advisory body members perform important services for the benefit of the community; and WHEREAS,Municipal Code Chapter 2.84 allows for setting advisory body member compensation by City Council resolution; and WHEREAS,the City Council now wishes to set the compensation of advisory body members at one hundred dollars ($100) for each meeting actually attended. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby adopts this resolution to set the compensation of advisory body members at one hundred dollars ($100)for each meeting actually attended. BE IT FURTHER RESOLVED that South San Francisco City Council Resolution 5-2000 shall be superseded by this Resolution and Housing Authority commissioners shall be compensated pursuant to the amount set forth in this Resolution for each scheduled regular meeting actually attended. BE IT FURTHER RESOLVED that commission members of both the parking place commission and the traffic safety commission shall receive one hundred dollars ($100)total for attending either a parking place commission or a traffic safety commission meeting or for attending both meetings consecutively on the same day.Commission members of both commissions shall not receive compensation for attending both the parking place commission and the traffic safety commission meetings consecutively on the same day. 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 City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-561 Agenda Date:7/28/2021 Version:1 Item #:18b. by the City Attorney. BE IT FURTHER RESOLVED that this resolution shall take effect immediately,but any changes in compensation shall not go into effect until the City Council Ordinance,amending Title 2 of the South San Francisco Municipal Code and adopting Chapter 2.84 to allow for setting compensation by City Council resolution, is in effect. ***** City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™