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2021-03-10 e-packet@7:00
Wednesday, March 10, 2021 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda March 10, 2021City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/81164845207 (Enter your email and name) 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: 811 6484 5207 Page 2 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability-related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. PEOPLE OF SOUTH SAN FRANCISCO The City Council's regular meetings are held on the second and fourth Wednesday of each month at 7:00 p.m. Please note, as of March 24, 2021, the meeting time will change to 6:00 p.m. MARK ADDIEGO, Mayor (At-Large) MARK NAGALES, Vice Mayor (District 2) BUENAFLOR NICOLAS, Councilmember (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 3 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation Denouncing Anti-Asian Racism. (Mark Addiego, Mayor)1. Presentation on Senate Bill 9 (Niccolo De Luca, Senior Director, Townsend Public Affairs) 2. PUBLIC COMMENTS HOW TO SUBMIT WRITTEN PUBLIC COMMENT BEFORE THE MEETING Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 5:00 p.m. on the meeting date. Use the eComment tab located on the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. Comments received by the deadline will be read into the record by the City Clerk or designee. Comments received after the deadline will be included as part of the meeting record but will not be read aloud during the meeting. Approximately 300 words total can be read in three minutes. Page 4 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING Members of the public who wish to provide comment during the meeting may do so by using the “Raise Hand” feature: • To raise your hand on a PC or Mac desktop/laptop, click the button labeled "Raise Hand” at the bottom of the window on the right side of the screen. Lower your hand by clicking the same button, now labeled “Lower Hand.” • To raise your hand on a mobile device, tap “Raise Hand” at the bottom left corner of the screen. The hand icon will turn blue, and the text below it will switch to say "Lower Hand" while your hand is raised. To lower your hand, click on “Lower Hand.” • To raise your hand when participating by telephone, press *9. Once your hand is raised, please wait to be acknowledged by the City Clerk, or designee, who will call on speakers. When called upon, speakers will be unmuted. After the allotted time, speakers will be placed on mute. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of February 10, 2021. (Rosa Govea Acosta, City Clerk) 3. Report regarding approving a Second Amendment to the Consulting Services Agreement with Raimi + Associates for additional work relating to the General Plan Update project in an additional amount not to exceed $629,762, and to authorize an additional project contingency amount of $150,000. (Lisa Costa Sanders, Project Administrator and Billy Gross, Senior Planner) 4. Resolution approving a Second Amendment to the Consulting Services Agreement with Raimi + Associates for additional work relating to the General Plan Update project in an additional amount not to exceed $629,762, and authorizing an additional project contingency amount of $150,000. 4a. Report regarding a resolution approving Parcel Map No. 20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard, dedicating new public easements, and abandoning existing public easements as part of the Kilroy Oyster Point Development Project; and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. (Eunejune Kim, Director of Public Works/City Engineer) 5. Page 5 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda Resolution approving Parcel Map No. 20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard, dedicating new public easements, and abandoning existing public easements as part of the Kilroy Oyster Point Development Project; and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. 5a. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 6. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. 6a. PUBLIC HEARING Staff Report Regarding a Public Hearing to Consider the Adoption of a Resolution of Necessity to Acquire a Vacant Property In and Along Antoinette Lane (No Address, No Assessor’s Parcel Number), Related to the Community Civic Campus Project, Phase II (Jacob Gilchrist, Director of Capital Projects, and Sky Woodruff, City Attorney) 7. Resolution of the City Council of the City of South San Francisco adopting a Resolution of Necessity finding and determining the public interest and necessity for acquiring and authorizing the condemnation of real property, for Phase II of the Community Civic Campus Project, located in and along Antoinette Lane (no address, no Assessor’s parcel number) 7a. Report regarding establishment of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services). (Christina Fernandez, Assistant to the City Manager and Sky Woodruff, City Attorney) 8. Resolution of the City Council of the City of South San Francisco Establishing City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California, Authorizing the Levy of Special Taxes Therein, Calling an Election and Approving Certain Actions Related Thereto 8a. Page 6 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda Resolution of the City Council of the City of South San Francisco, Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California, Determining the Necessity to Incur Bonded Indebtedness in an Amount Not to Exceed $105,000,000 Within the District and Calling an Election Therein. 8b. Resolution of the City Council of the City of South San Francisco Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California Certifying Election Results. 8c. Ordinance of the City Council of the City of South San Francisco, Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California Authorizing the Levy of Special Taxes 8d. ADMINISTRATIVE BUSINESS Report regarding acceptance of the 2020 Housing Element and General Plan Annual Progress Report. (Tony Rozzi, Chief Planner) 9. Report regarding proposed approach to evaluate benefits and disadvantages of modifications to Single Family General Plan and Zoning Regulations to allow additional housing types and density. (Lisa Costa Sanders, Project Administrator and Billy Gross, Senior Planner) 10. Report regarding authorizing the Mayor to send a letter in support of Senate Bill 260. (Christina Fernandez, Assistant to the City Manager and Niccolo De Luca, Townsend Public Affairs) 11. Report regarding a resolution approving a consulting services agreement with Nichols Consulting Engineers (NCE) of Richmond, California for the 2022 West of 101 Pavement Rehabilitation Project (No. st2107) in an amount not to exceed $1,596,000, authorizing the City Manager to execute the agreement, authorizing a total project design budget of $1,755,600 and approval of Budget Amendment Number 21.044. (Angel Torres, Senior Civil Engineer) 12. Resolution awarding a consultant services agreement with Nichols Consulting Engineers (NCE) of Richmond, California for the 2022 West of 101 Pavement Rehabilitation Project (No. st2107) in an amount not to exceed $1,596,000, authorizing the City Manager to execute the agreement, authorizing a total project design budget of $1,755,600, and approval of Budget Amendment Number 21.044. 12a. Page 7 City of South San Francisco Printed on 4/21/2021 March 10, 2021City Council Regular Meeting Agenda Report regarding a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to extend the Outdoor Dining Pilot Program and provide related authorizations. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) 13. Resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to extend the Outdoor Dining Pilot Program and provide related authorizations. 13a. Report regarding an ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence. (Scott Campbell, Police Captain) 14. Ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence 14a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 8 City of South San Francisco Printed on 4/21/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-160 Agenda Date:3/10/2021 Version:1 Item #:1. Proclamation Denouncing Anti-Asian Racism.(Mark Addiego, Mayor) City of South San Francisco Printed on 3/5/2021Page 1 of 1 powered by Legistar™ Dated: March 10, 2021 PROCLAMATION DENOUNCING ANTI-ASIAN RACISM March 10, 2021 WHEREAS, the City of South San Francisco and San Mateo County is home to diverse communities and has been for many generations; and WHEREAS, San Mateo County has a history that includes support for racial and social justice for all communities; and WHEREAS, more than one third of South San Francisco’s population is of Asian descent; and WHEREAS, language that evokes xenophobia endangers our communities who are experiencing heightened discrimination; and WHEREAS, we are disturbed and alarmed by the severity and frequency of hate crimes and race-based harassment against Asians associated with COVID-19 in South San Francisco, San Mateo County, and throughout the world; and WHEREAS, no race, nationality or ethnicity is responsible for COVID-19; and WHEREAS, Americans of Asian descent have contributed immeasurably to our community’s development and diversity as a people; and WHEREAS, this diverse group of people continues to lead and serve as public servants, artists, educators, activists, service men and women, scientists, and business owners in South San Francisco and throughout the country; and WHEREAS, as one of the most culturally and linguistically diverse groups in America, the Asian American community reminds us that though we all have distinct backgrounds and origins, we are bound in common purpose by our shared hopes and dreams for ourselves and our children. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does hereby proclaim that racism against Asians shall not be tolerated in any form, and we stand in support of individuals and communities targeted by association with COVID-19, and we urge everyone to speak up in support of equity, justice, and inclusion. ________________________________ Mark Addiego, Mayor ________________________________ Mark Nagales, Vice Mayor ________________________________ Buenaflor Nicolas, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-183 Agenda Date:3/10/2021 Version:1 Item #:2. Presentation on Senate Bill 9 (Niccolo De Luca, Senior Director, Townsend Public Affairs) City of South San Francisco Printed on 3/5/2021Page 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 #:21-177 Agenda Date:3/10/2021 Version:1 Item #:3. Motion to approve the Minutes for the meetings of February 10, 2021. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 3/12/2021Page 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 and Nicolas, Vice Mayor Nagales, and Mayor Addiego. AGENDA REVIEW City Manager Futrell requested Item 3 be pushed to a future meeting. The Council agreed. REMOTE PUBLIC COMMENTS - comments are limited to items on the Special Meeting Agenda. 1. Members of the public wishing to participate were encouraged to submit public comments in writing in advance of the meeting via GoogleDoc by 4:00 p.m. on the day of the meeting. The following individuals provided remote public comments: PRESENTATIONS 2. Oath of Office to be administered by Assemblymember Kevin Mullin and incoming remarks from Councilmember Flores. (Mark Addiego, Mayor) Assemblymember Mullin administered the Oath of Office to appointed Councilmember Flores. Councilmember Flores provided incoming remarks and thanked his family for the support. 3. Presentation on HIP Housing services provided to South San Francisco residents and an overview of the program by Leila Perreras, Board Member. (Kristian Romasanta, Community Development Coordinator) Item not heard MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, FEBRUARY 10, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-25-20 and N-29-20 and COVID-19 pandemic protocols. SPECIAL CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 2 4. Presentation on COVID-19 testing, vaccines, and more. (Dr. John Skerry, KP.org) Dr. Skerry, from Kaiser Permanente provided an overview of the current status of COVID-19 vaccine efforts. Mayor Addiego complimented Dr. Skerry and Councilmember Nicolas for hosting a successful flu clinic in the City Hall parking lot. Councilmember Nicolas inquired whether non-members could be vaccinated at their facility. Dr. Skerry stated that everyone was entitled to a vaccine from the State, and they are allowing non- members to get vaccinated at their facility. Councilmember Flores inquired about COVID-19 testing. Dr. Kwak, from Kaiser Permanente provided an overview of the current testing process. Councilmember Coleman inquired what the process would be for someone without insurance to get vaccinated at their facility. Dr. Skerry indicated that the rollout process was difficult and provided an overview of the vaccination process. 5. Update on Public Safety Vaccines. (Police Chief Azzopardi, and Fire Chief Magallanes) Police Chief Azzopardi provided an update to the community on the status of public safety staff vaccines and thanked Kaiser Permanente staff. Fire Chief Magallanes provided an update on his staff. The following individuals provided public comments: • Eddy Holman ADMINISTRATIVE BUSINESS 6. Report regarding an urgency ordinance requiring large grocery stores in South San Francisco to pay employees an additional four dollars ($4.00) per hour in “hazard pay” during the coronavirus (COVID-19) pandemic (Alex Greenwood, Director of Economic & Community Development, and Sky Woodruff, City Attorney) City Attorney Woodruff presented the report and provided an overview of the urgency ordinance. He provided background information on hazard pay ordinances in California, At least a dozen local jurisdictions in California were currently considering a version of a “hazard pay” ordinance that would provide extra hourly pay to certain types of retail workers during the COVID-19 pandemic in recognition of the heightened health risks associated with their work. The ordinances considered by the jurisdictions all take a similar approach. They require large stores to pay all non-managerial workers an additional hourly wage during the COVID-19 pandemic; smaller, mom-and-pop stores are excluded. Within this framework, however, the proposals being considered vary between cities in how they are tailored in terms of: (1) the specified rate of pay, (2) what types of retail stores are covered, (3) the specific size or other threshold requirements that determine which retailers are covered, and (4) how long the hazard pay is required. The recitals contained in the ordinance establish the basis for the urgency, including citing studies reflecting the SPECIAL CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 3 dangers faced by the workers who would be eligible for the hazard pay and how the additional compensation would further the immediate preservation of the public health and safety. Councilmember Coleman expressed his support for the proposed urgency ordinance and provided data on companies' profits during the pandemic. He requested that the urgency ordinance be expanded to include drug stores and retail food workers. Meeting was recessed at 7:00 p.m. Meeting resumed at 7:01 p.m. Councilmember Nagales inquired what the range of hazard pay was from other cities and proposed 5 dollars. City Attorney Woodruff stated that the range was from 3 to 5 dollars. Councilmember Nagales stated he would like to include Costco and retail stores. City Attorney Woodruff indicated he could modify the urgency ordinance to include those types of stores. Councilmember Nicolas stated that the Council should be looking at other hazardous jobs and not just grocery stores. She expressed her support of the urgency ordinance and requested the Council to be equitable. Councilmember Nicolas inquired about the value of information coming from the City of Long Beach lawsuit. City Attorney Woodruff provided an overview of fundamental issues with the City of Long Beach case and stated that the preliminary hearing was scheduled for February 19th. Councilmember Flores expressed his support for the proposed urgency ordinance and reassured the community that the urgency ordinance would not apply to small businesses. City Attorney Woodruff provided an overview of the businesses covered under the urgency ordinance. Councilmember Flores inquired when the urgency ordinance would sunset. City Attorney Woodruff provided an overview of the different factors on when the urgency ordinance would sunset. Mayor Addiego expressed he was inclined to sunset the urgency ordinance in 90-120 days and extend it if needed. He stated that it was the right thing to do; however, it was their duty to protect the city financially. Given that the preliminary hearing for the City of Long Beach was on the 19th, he was inclined to push the item to see what the initial ruling was from the judge. He favored the increase to 5 dollars and reducing the square footage to capture other grocery stores. Vice Mayor Nagales proposed passing the urgency ordinance tonight and become effective on the 19th. City Attorney Woodruff indicated that staff could defer the effective date; however, they would hesitate to make it official based on external actions. He suggested that Council wait until the 19th and plan to have a special meeting for this item after the ruling is issued. Councilmember Nicolas inquired how the city could prohibit additional costs to be pass on to the consumers, similar to the delivery fees. City Attorney Woodruff indicated it would need to be looked at further and required more analysis. Vice Mayor Nagales inquired about the possible negative effects of passing the urgency ordinance tonight. City Attorney Woodruff provided different scenarios that could occur should the urgency ordinance be passed. SPECIAL CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 4 Councilmember Flores inquired what would happen should the County adopt a similar ordinance. City Attorney Woodruff provided an overview of the process. The following individuals provided public comments: • Ryan Allain, on behalf of the California Retailers Association • Patricia M. Bajada • Marcela • Kimberly Hui • Russell Lee • Julie Lind, on behalf of the San Mateo Labor Council • Richard Hedges • John Gomez • Leon Wong • Eddy Holman • Andrea Sims • Erin Chazer • Tony Vargas • Ethan Mizzi Mayor Addiego expressed his concerns with adopting the urgency ordinance and proposed to push the item until further information was available. He thanked Julie Lind for contacting Councilmember Coleman in bringing this item forward. Councilmember Nicolas stated that she was not opposed to the urgency ordinance; however, she shared the mayor's concerns on any potential litigation. She was in favor of postponing the item for a few more days. Councilmember Coleman inquired about the legal and financial impacts the city would be exposed to if the urgency ordinance was deemed unlawful. City Attorney Woodruff provided a preliminary overview of the potential costs and damages that the city could incur. City Attorney Woodruff provided an overview of the changes discussed by the Council. Including increasing the hazard pay from four dollars to five dollars, including drug stores, Costco, and dropping the square footage to 10k square feet. Councilmember Nicolas inquired whether other workers would be considered, such as bank tellers and hotel industry workers. Motion— Councilmember Nicolas/Second Councilmember Flores: to table the item until the results of the City of Long Beach case, by roll call vote: AYES: Councilmembers Nicolas and Coleman, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. SPECIAL CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 5 ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 8:07 p.m. Respectfully submitted by: Approved by: Cindy Avila Mark Addiego Assistant City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 7:00 p.m. Meeting recessed: 7:01 p.m. Meeting resumed: 8:10 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 1. Presentation regarding financing the Civic Campus and Street Paving Program. (Janet Salisbury, Finance Director; Matthew Ruble, Principal Engineer; Jacob Gilchrist, Capital Projects Director) Finance Director Salisbury presented the report and provided an overview of the 2015 Measure W voter-approved ½ cent sales tax current revenue and expenditures. She indicated that the city's rating is AAA. The Civic Campus funding total cost is $191,800,000, which includes a 4.7 million dollar fundraising target. In 2019, the city established a Joint Powers Authority called the South San Francisco Public Facilities Financing Authority, revenue bond issuer, noting that the city's rating allows it to borrow at a favorable rate. Capital Projects Director Gilchrist presented the photovoltaic (solar) panel options for the Civic Campus and Corporation Yard, an estimated additional cost of $4 million. He provided an overview of the benefits, including providing a clean energy source for three major city facilities. The City Council expressed their support for solar panels and sustainable materials. Principal Engineer Ruble discussed the Street Paving and Bond program with an estimated cost of $24 million. The Council provided feedback to staff. City Manager Futrell indicated that, given the Council's consensus, staff would proceed with the full package with bonds to be issued in May 2021.The item will be brought back for Council approval in the near future. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, FEBRUARY 10, 2021 7:00 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 FEBRUARY 10, 2021 MINUTES PAGE 2 REMOTE PUBLIC COMMENTS 2. Members of the public were encouraged to submit public comments in writing in advance of the meeting via GoogleDocs by 5:00 p.m. on the day of the meeting. None COUNCIL COMMENTS/REQUESTS Councilmember Nicolas thanked Communications Director Arroyo for securing a $15k grant from Peninsula Clean Energy to educate the community on climate change. She informed the community and residents 70 years and older about the Got Wheels! Program offered through the Peninsula Family Service. The program provides affordable transportation for Daly City, Colma, Brisbane, South San Francisco, San Bruno, Millbrae, Burlingame, Hillsborough, Half Moon Bay, Montara, Moss Beach, and El Granada residents. For more information, residents are encouraged to call the Got Wheels! Program Coordinator: (650) 403-4300, extension 4329. She requested to adjourn the meeting in memory of Nieves Calara, Glen Grivas, and Jacoba Perez. Councilmember Flores expressed his appreciation for the support and guidance during his onboarding to the City Council. Through conversations with the Rotary Club and the partnership of CVS, he announced that residents of the Rotary Plaza age 65 and older would be receiving their vaccinations on February 25, 2021. He addressed food insecurities and urged the Council to consider programs that would offer relief to local businesses after and during the pandemic. He suggested implementing a comprehensive "shop local" program in collaboration with the South San Francisco Chamber of Commerce, similar to the Genentech Goes to Town program that would provide vouchers for community members and businesses. City Manager Futrell indicated that staff would explore the feasibility and update the Council via a Thursday memo. Councilmember Flores requested that Spanish translation services be implemented for the City Council meetings. City Clerk Govea Acosta indicated that her office would begin to offer interpretation services in Spanish, Chinese, and Tagalog beginning March 10, 2021. Vice Mayor Nagales discussed Senate Bill COVID-19 (SB 91), which extended the eviction moratorium through June 30, 2021, and provided the State of California with $2.6 billion in emergency rental assistance to households and landlords impacted by the COVID-19 pandemic. He indicated that the County of San Mateo would receive approximately $47 million in funding and encouraged staff to reach out to the County of San Mateo for additional information. He requested a Drive through Food Distribution event within the next few months. Councilmember Coleman discussed hosting a drive-up and in-home vaccination event for seniors in the old town neighborhood with limited mobility in partnership with Kaiser Permanente. He urged the Council to consider retroactive pay and daycare workers when the Hazard Pay ordinance is brought back for Council approval. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows: Item 3 was pulled by Mayor Addiego for further discussion. 3. Motion to approve the Minutes for the meetings of December 1, 2020, and December 9, 2020. (Rosa Govea Acosta, City Clerk) REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 3 4. Report regarding Resolution No. 31-2021 authorizing the acceptance of $31,370.66 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation. (Jess Magallanes, Fire Chief) 5. Report regarding Resolution No. 32-2021 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) 6. Report regarding a resolution authorizing the filing of grant application(s) for all Cal Recycle grants for which the City of South San Francisco is eligible and for the resolution authorizing on its behalf the submittal of grant application(s) by a lead agency for which the City of South San Francisco is eligible. (Eunejune Kim, Director of Public Works) 6a. Resolution No. 33-2021 of City Council of the City of South San Francisco authorizing submittal of application(s) for all Cal Recycle grants for which the City of South San Francisco is eligible. 6b. Resolution No. 34-2021 of the City Council of the City of South San Francisco authorizing on its behalf the submittal of grant application(s) by a lead agency for which the City of South San Francisco is eligible. 7. Report regarding Ordinance No. 1617-2021 amending South San Francisco Municipal Code Section 2.04.010 to authorize the City Council to set regular meeting times by resolution (Sky Woodruff, City Attorney) Motion — Vice Mayor Nagales/Second – Councilmember Flores: To approve Consent Calendar items 4-7 by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. CONSENT CALENDAR – Agenda Item No. 3 Item No. 3: Mayor Addiego requested a separate motion to approve the meeting minutes since Councilmember Flores was appointed to the City Council January 2021. 3. Motion to approve the Minutes for the meetings of December 1, 2020, and December 9, 2020. (Rosa Govea Acosta, City Clerk) Motion — Councilmember Nicolas/Second – Councilmember Coleman: To approve Consent Calendar Item 3, by roll call vote: AYES: Councilmembers Coleman, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: Councilmember Flores. PUBLIC HEARING Public Hearing opened: 9:12 p.m. 8. Report regarding a public hearing relating to the bond financing for the Grand and Linden Family Apartments (201-219 Grand Avenue and 418 Linden Avenue) including issuance of tax-exempt bonds by the California Statewide Communities Development Authority (CSCDA) in an aggregate principal amount not to exceed $45 million. (Julie Barnard, Economic Development Coordinator) REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 4 8a. Resolution No. 35-2021 approving the issuance of multifamily housing revenue bonds for the Grand and Linden Family Apartments by the California Statewide Communities Development Authority. Economic Development Coordinator Barnard presented the report relating to the bond financing for the Grand and Linden Family Apartments (201-219 Grand Avenue and 418 Linden Avenue) including issuance of tax-exempt bonds by the California Statewide Communities Development Authority (CSCDA) in an aggregate principal amount not to exceed $45 million. In December 2015, the City approved the Grand and Linden Family Apartments project, planned for the following downtown properties: 201-219 Grand Avenue (Successor Agency-owned properties), entitled for a mixed-use project with 47 housing units, ground floor commercial, a leasing office, and a resident lounge; and 418 Linden (City-owned property), entitled for residential use only project with 37 housing units, with some flexibility to allow for live/work spaces. All 84 of the units would be affordable. In March 2020, City Council approved amendments to the agreements with ROEM Development Corporation, which governs the disposition of the above referenced properties and the undertaking of the Project. At that time, the Close of Escrow was extended (along with subsequent performance milestones like start of construction) and now set for October 26, 2020. At that time, the City Council also considered and approved amendments to previous entitlements and the conversion of a $3.5 million affordable housing grant to a loan, of which $500,000 will be repaid in five years. She noted that the financing for this project was heavily dependent on the Developer securing $78,755,000 in financing. The Developer received a reservation letter for their Low-Income Housing Tax Credits in September 2020. Prior to this, the Developer had experienced some trouble securing tax credit financing. ROEM was unsuccessful in securing tax credit financing in the December 2019 application round because, although they submitted ahead of the deadline, the credits were allocated on a first-come-first-served basis and the TCAC had a much higher volume of applications than is typical. The Developer reapplied for tax credits in January 2020, which was the first competitive round for 4% bonds in more than a decade. The application was considered in April 2020 and was unsuccessful because it was less competitive than some other projects that reviewed by TCAC at that time. Due to the effects of COVID-19 and the Shelter in Place (“SIP”) orders, TCAC delayed the next possible application date from May 2020 to July 2020. The Developer worked to ensure that their development would be far more competitive than their previous applications and, once again, submitted well ahead of the deadline. The project secured all requested tax credit financing at the September 2020 TCAC meeting and the project is now fully funded. Per the Developer’s Schedule of Performance, construction will commence on site immediately following close of escrow, which is set for March 15, 2021. As part of its efforts to finance the Project, the Developer is pursuing tax-exempt bonds, which are issued by the California Statewide Communities Development Authority. California state statutes authorize cities and certain other public agencies to issue tax-exempt revenue bonds to reduce the financing costs of multifamily rental housing developments. Because repayment of the bonds is backed solely by project revenues, all liability and obligation relating to repayment of such bonds rests on the borrower of the bond sale proceeds (i.e. the developer/owner). Projects are generally financed on a secured, non-recourse basis, meaning that the borrower is obligated to make payments REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 5 on the debt from project revenues only, and the lender’s primary security for the financing is the asset itself. In the event of the developer defaulting on the payments the property would revert to the investor who buys the bonds. The bonds issued by the CSCDA for the Project will be the sole responsibility of the borrower, in this case ROEM Development Corporation. The City of South San Francisco would have no financial or legal obligation, liability, or responsibility for the Project or the repayment of the bonds for the financing of the Project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City of South San Francisco or the State of California but are to be paid for solely from funds provided by the borrower, ROEM. The City Council thanked staff for their efforts and the Developer for their dedication to the project. Public Hearing closed: 8:01 p.m. Motion — Vice Mayor Nagales/Second – Councilmember Nicolas: To add Resolution No. 35-2021 approving the issuance of multifamily housing revenue bonds for the Grand and Linden Family Apartments by the California Statewide Communities Development Authority, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 9. Report regarding Resolution No. 36-2021 approving the parcel map for 201 Grand Avenue, authorizing the recordation of the parcel map and all related documents. (Jason Hallare, Senior Civil Engineer) Senior Civil Engineer Hallare presented the report and indicated that on December 9, 2015, the City Council approved an entitlements request by the South San Francisco Successor Agency and Brookwood Group to construct a mixed-use building consisting of 47 residential units and 5,160 square feet of retail space. The project is located at and referred to as 201 Grand Avenue (previously 255 Cypress Avenue) which is at the corner of Grand Avenue and Cypress Avenue. This site consists of addresses 201-219 Grand Avenue (APNs 012-316-100, 012-316-110, 012-316- 080 and 012-316-090). The site, formerly owned by the South San Francisco Successor Agency, was transferred to the City of South San Francisco in 2016. Pursuant to the State of California Redevelopment Agency law, the City is in the process of selling former Redevelopment Agency sites. As part of this process the City selected the developer, ROEM Development Corporation, to develop 47 units on the 201-219 Grand Avenue property. He indicated that the City Engineer and the City’s technical reviewer, with concurrence of all affected city departments and divisions, have determined that parcel map 20-0478 for 201 Grand Avenue is in compliance with the Subdivision Map Act, the City’s Subdivision Ordinance, and all applicable conditions of approval for said development. Parcel Map 20-0478 would merge the existing four parcels into a single 0.46 acre parcel to construct a mixed-use building. A subdivision improvement agreement is not included as part of this parcel map since the conditions of approval did not require a subdivision improvement agreement nor any major public improvements. The developer will obtain an encroachment permit prior to building. REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 6 Motion — Councilmember Flores/Second – Councilmember Coleman: To approve Resolution No. 36-2021 approving the parcel map for 201 Grand Avenue, authorizing the recordation of the parcel map and all related documents, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 10. Report Regarding Resolution No. 37-2021 amending the Executive Salary Schedule for the City of South San Francisco to Incorporate Provisions of the Amended City Manager Employment Agreement (Leah Lockhart, Human Resources Director) Human Resources Director Lockhart presented the report and indicated that on November 24, 2020 the City Council approved Amendment No. 6 to the employment agreement with City Manager C. Michael Futrell to modify his annual base salary of $289,934.34 by three percent (3%), to $298,632.37, effective April 22, 2020. She noted that the change in Mr. Futrell’s compensation was consistent with the 2020 cost-of-living adjustments granted to all other regular City employees, pursuant to Council-approved Memorandums of Understanding with each employee group. In accordance with Government Code §54953 and CalPERS requirements, the City’s salary and wage schedule must be updated and made publicly available to reflect any approved changes to the local agency executive salaries. She presented amended Executive Salary Schedules effective April 22, 2020, as well as updated Salary Schedules for subsequent amendments effective July 10, 2020 and December 25, 2020. All amendments reflected the three percent (3%) increase to the City Manager’s salary effective April 22, 2020, expressed as an hourly equivalent rate. Motion — Councilmember Nicolas/Second – Councilmember Flores: To approve Resolution No. 37-2021 amending the Executive Salary Schedule for the City of South San Francisco to Incorporate Provisions of the Amended City Manager Employment Agreement, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 11. Report regarding the Comprehensive Annual Financial Report for fiscal year ended June 30, 2020, mid-year update for fiscal year ending June 30, 2021, and additional appropriation requests. (Janet Salisbury, Director of Finance) 11a. Resolution No. 38-2021 approving the Comprehensive Annual Financial Report for fiscal year ended June 30, 2020, mid-year update for fiscal year ending June 30, 2021, and additional appropriation requests. Director of Finance Salisbury presented the Comprehensive Annual Financial Report for fiscal year ended June 30, 2020, mid-year update for fiscal year ending June 30, 2021, and additional appropriation requests. She discussed General Fund revenues and expenditures. The FY 2020-21 budgeted expenditures of $122.4 million and total expense through December 31st of $60 million. She provided an overview of the FY 2019-20 General Fund surplus and reserves including unfunded Capital Projects and Reserve considerations. Councilmember Coleman requested clarification on the Oyster Point Sea Level Rise project. City Manager Futrell provided an overview of the project and funding. REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2021 MINUTES PAGE 7 Vice Mayor Nagales requested clarification on the Orange Memorial Park Ballfields. City Manager Futrell provided an overview of the project. Assistant City Manager Ranals provided an overview of funding and explained Caltrans's involvement with the project. He inquired about the additional staffing request and department vacancies. City Manager Futrell indicated that the City Manager's Office is not adding additional staff and that funding would cover temporary staff costs. He expressed his support of funding the position in the Finance Department due to increased responsibilities. Motion — Councilmember Coleman/Second – Councilmember Nicolas: To approve Consent Calendar Item 3, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Mayor Addiego requested to adjourn the meeting in memory of longtime San Mateo County resident, Louise Duchi, Nieves Calara, Glen Grivas, and Jacoba Perez. Meeting recessed: 10:00 p.m. Meeting resumed: 10:05 p.m. CLOSED SESSION Entered into Closed Session: 10:06 p.m. 12. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code section 54956.9(d)(4)) Initiation of Litigation: Three potential cases (Sky Woodruff, City Attorney and Mike Futrell, City Manager) Resumed from Closed Session: 10:36 p.m. Report out of Closed Session by Mayor Addiego: Direction given. No reportable action. ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting in memory of Johnnie Rey and all holocaust victims at 10:37 p.m. Respectfully submitted by: Approved by: Rosa Govea Acosta, CMC, CPMC Mark Addiego 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 #:21-172 Agenda Date:3/10/2021 Version:1 Item #:4. Report regarding approving a Second Amendment to the Consulting Services Agreement with Raimi + Associates for additional work relating to the General Plan Update project in an additional amount not to exceed $629,762,and to authorize an additional project contingency amount of $150,000.(Lisa Costa Sanders, Project Administrator and Billy Gross, Senior Planner) RECOMMENDATION Staff recommends that the City Council approve a Second Amendment to the Consulting Services Agreement with Raimi +Associates for additional work relating to the General Plan Update Project in an additional amount not to exceed $629,762,extend the agreement term by six months,and authorize an additional project contingency amount of $150,000. EXECUTIVE SUMMARY The Second Amendment to the Consulting Services Agreement with Raimi +Associates is intended to formalize the additional $629,762 that was allocated as part of the mid-year budget adjustment approved by the City Council on February 10,2021.Additionally,staff recommends the City Council increase the project contingency fund by $150,000 for additional anticipated work associated with Single Family land use options as a part of the General Plan update process. BACKGROUND Following a competitive proposal process,the City Council selected Raimi +Associates at its March 27,2019 meeting to prepare the General Plan Update.The Raimi +Associates scope of work includes a community engagement plan,preparation of an existing conditions report,a land use alternative plan and policy development of each of the General Plan Elements.In addition to the required elements,the consultant will also prepare Sustainability and Adaptation,Social Equity and Economic Development Elements.The scope of work also includes preparation of the required Environmental Impact Report (EIR),Form Based Code and Zoning Code Update and Climate Action Plan.The agreement was authorized in an amount not to exceed $2,660,299, which includes a project contingency of $222,482. On July 31,2020,the Raimi +Associates Agreement was amended to include professional staff support for the Commission on Racial and Social Equity.That scope of work includes facilitating the Commission to develop recommendations for action to the City Council to reduce or eliminate racial and social inequities.The additional work was proposed for a not-to-exceed amount of $149,844,which was paid out of the project contingency funds. The consultant team together with Staff has made substantial progress on the General Plan Update process.The team completed the existing conditions reports,held community outreach meetings on the vision,guiding principles and land use alternatives.The City Council,at its November 18,2020 meeting authorized the preferred land use scenario.Following the Council action,the team has initiated preparation of the EIR,Zoning Code Update,Climate Action Plan and policy frameworks for the General Plan Elements.The next round of community outreach meetings are planned in March 2021. City of South San Francisco Printed on 3/5/2021Page 1 of 3 powered by Legistar™ File #:21-172 Agenda Date:3/10/2021 Version:1 Item #:4. Staff requested the consultant provide a revised scope of work to expand the analysis and effort in several key areas as outlined below and described in more detail in Exhibit C to the original Agreement and proposed Second Amendment, which are all attached to the accompanying resolution as Exhibit A. Design Studies $ 25,516 ·East of 101 and Lindenville concept plans Zoning Code $ 98,069 ·Zoning Code Amendment - additional work to assist Form Based Code ·Zoning District Mapping ·Additional Transect Zones (2 new zones)·Objective Architectural Design Standards ·Additional workshop/study session (if necessary) ·Illustrated Design Guidelines Transportation Analysis $ 176,400 ·Model Refinements - additional work to create traffic model ·East of 101 Trip Cap/TMA Implementation - analysis of feasibility ·TDM Ordinance - update regulations based on GP and VMT Historic Preservation $ 88,554 ·Citywide Historic Resources Survey - update the 1986 SSF Historic Resources Survey Fiscal and Financial Feasibility $ 135,465 ·Econ Opportunities and Policy Considerations ·Analysis of community benefits for commercial/industrial development ·Residential development feasibility analysis ·Financial feasibility of residential vs commercial development Community Engagement $ 80,296 ·Additional CAC Meetings (up to 5) ·Additional public engagement meetings to discuss Policy Framework (up to 10) ·Translation and Interpretation for additional meetings Additional Project Management $ 25,462 Total Requested Amendments $ 629,762 Staff also recommends the term of the Agreement be extended six months,from March 31,2022 to September 30, 2022. Additionally,at the February 24,2021 City Council meeting,the Council voted to direct staff to explore various options relating to Single Family land use options for the General Plan Update.To implement this Council direction,staff anticipates additional work to take place and recommends the Council authorize an additional $150,000 for the project’s contingency funds. FUNDING On February 20,2021 the City Council appropriated additional funds for FY20-21,including an additional $675,000 for the General Plan update effort,which includes the proposed amendment.The project is funded from the General Plan reserve fund,and there are sufficient funds available for the Second Amendment and City of South San Francisco Printed on 3/5/2021Page 2 of 3 powered by Legistar™ File #:21-172 Agenda Date:3/10/2021 Version:1 Item #:4. contingency increase. CONCLUSION Staff recommends that the City Council approve a Second Amendment to the Consulting Services Agreement with Raimi +Associates for additional work relating to the General Plan Update Project in an additional amount not to exceed $629,762,extend the term of the agreement six months,and authorize an additional project contingency amount of $150,000. City of South San Francisco Printed on 3/5/2021Page 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 #:21-185 Agenda Date:3/10/2021 Version:1 Item #:4a. Resolution approving a Second Amendment to the Consulting Services Agreement with Raimi +Associates for additional work relating to the General Plan Update project in an additional amount not to exceed $629,762, and authorizing an additional project contingency amount of $150,000. WHEREAS,the City of South San Francisco (“City”)is currently undertaking the process to prepare a General Plan Update to its 1999 General Plan; and WHEREAS,on March 27,2019,through a competitive proposal process,the City selected Raimi +Associates as the consultant to assist the City with the General Plan Update,related zoning code amendments and environmental analysis preparation,and executed a Consulting Services Agreement (“Agreement”)for an initial amount of $2,660,299; and WHEREAS,on July 31,2020,the City amended the Agreement with Raimi to include additional work relating to the Commission on Racial and Social Equity; and WHEREAS,the additional work was proposed for a not-to-exceed amount of $149,844,which was paid out of the project contingency funds; and WHEREAS,the consultant team together with City staff have made substantial progress on the General Plan Update process,completing task items such as existing condition reports,community outreach meetings,and guiding land use alternatives; and WHEREAS,at the February 24,2021 City Council meeting,the Council directed staff to explore various options relating to Single Family uses for the General Plan Update,and staff anticipates additional work to take place in order to implement this Council direction; and WHEREAS,staff recommends the Council approve a Second Amendment to the Agreement in the amount of additional $629,762, and authorize an additional $150,000 for the project’s contingency funds; and WHEREAS,staff also recommends the Agreement be extended for six months from its original March 31, 2022 date to September 30, 2022. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a Second Amendment to the Consulting Services Agreement with Raimi +Associates, a copy of which is attached hereto and incorporated as Exhibit A,for the General Plan update in an additional amount of $629,762. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the City of South San Francisco Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:21-185 Agenda Date:3/10/2021 Version:1 Item #:4a. amendment in substantially the same form as Exhibit A, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes an additional $150,000 for the project’s contingency funds. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of this resolution. ***** City of South San Francisco Printed on 3/12/2021Page 2 of 2 powered by Legistar™ SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RAIMI + ASSOCIATES THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of March 10, 2021 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Raimi + Associates (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On March 27, 2019, City and Contractor entered into a certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to prepare the General Plan update, Zoning Code Update and Environmental Impact Report project, including an update to the Climate Action Plan, Form Based Code section of the Zoning Ordinance Update plus a ten percent contingency. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B.The First Amendment to the Agreement was made on July 31, 2020 for professional staff assistance with the Commission on Racial and Social Equity. A true and correct copy of the First Amendment and its exhibits is attached as Exhibit B. C.City and Contractor now desire to further amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1.All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 1. Term. The end date for the term of services identified in Section 1 of the Agreement is hereby replaced with September 30, 2022. 3.Section 2. This section of the Agreement shall be amended such that the City agrees to pay Contractor an additional sum of $629,762 for the work outlined in Exhibit C. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: Mike Futrell, City Manager Matthew Raimi, Raimi + Associates Approved as to Form: By: City Attorney EXHIBIT A (Consulting Services Agreement) EXHIBIT B (First Amendment to Agreement) DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process DocuSign Envelope ID: D2BD17C9-2264-4639-8D80-9B6EEBB23EEC In Process Certificate Of Completion Envelope Id: D2BD17C9226446398D809B6EEBB23EEC Status: Sent Subject: Please DocuSign: FINAL Raimi + Contract Amendment.pdf Source Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Christina Fernandez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 329 Miller Ave South San Francisco, CA 94080 christina.fernandez@ssf.net IP Address: 209.234.100.130 Record Tracking Status: Original 8/12/2020 7:15:18 PM Holder: Christina Fernandez christina.fernandez@ssf.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp Matthew D Raimi matt@raimiassociates.com President and CEO Matthew Raimi Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 96.90.232.89 Sent: 8/12/2020 7:18:09 PM Viewed: 8/17/2020 2:57:58 PM Signed: 8/17/2020 2:58:14 PM Electronic Record and Signature Disclosure: Accepted: 8/17/2020 2:57:58 PM ID: 1ffa1771-86b8-4b34-943b-06affe80db18 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Kym Dorman kym@raimiassociates.com Security Level: Email, Account Authentication (None) Sent: 8/12/2020 7:18:09 PM Electronic Record and Signature Disclosure: Accepted: 8/11/2020 3:16:20 PM ID: 107bec35-80db-4d8c-bdb3-a9832def1e08 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/12/2020 7:18:09 PM Payment Events Status Timestamps In Process Electronic Record and Signature Disclosure In Process ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO City of South San Francisco (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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In Process EXHBIT C Berkeley 1900 Addison St, Suite 200 Berkeley, CA 94704 510.666.1010 Los Angeles 706 South Hill Street, 11th Floor Los Angeles, CA 90014 213.599.7671 Riverside 3600 Lime Street, Suite 216 Riverside, CA 92501 951.801.5350 www.raimiassociates.com Exhibit C Second Amendment Scope of Work February 26, 2021 City of South San Francisco General Plan Update To: Lisa Costa Sanders, City of South San Francisco From: Eric Yurkovich, Raimi + Associates Project: South San Francisco General Plan, Zoning Code, and Environmental Impact Report Update (R+A Project Number 19013) As requested, this revised memorandum summarizes a series of amended and additional tasks for the General Plan, Zoning Code, and Environmental Impact Report Update (Prime Agreement dated March 27, 2019) for review and discussion. Please do not hesitate to let us know if you have any questions. Task Estimated Budget Design Studies Design Studies for East of 101 and Lindenville $25,516 Zoning Code Zoning Code Amendment $23,730 Zoning District Mapping $7,875 Additional Transect Zones (per zone, budget assumes two add’l zones) $5,250 Detailed Objective Design Standards $21,441 Additional Workshop/Study Session $7,560 Design Guidelines $21,441 Transportation Analysis C/CAG + Sub Area Model Refinements $27,300 East of 101 Trip Cap $47,250 TDM Ordinance Update $47,250 TIA Guidelines $54,600 Updated Version of the City of South San Francisco’s Historic Preservation Survey Updated Historic Preservation Survey $88,554 Fiscal and Financial Feasibility Analysis White Paper and Ongoing Consultation Regarding Economic Opportunities and Economic Development Policy Considerations $53,340 Fiscal Impact Analysis of Preferred Alternative $3,518 Commercial and Industrial Financial Feasibility and Community Benefits Analysis $37,844 2 Residential Development Feasibility Analysis $20,939 Assessment of Relative Barriers and Opportunities for Residential Versus Commercial Development $19,824 Community Engagement Community Advisory Committee Meetings (up to 5) $14,420 Policy Framework Meetings (up to 10) $50,876 Translation and Interpretation Services $15,000 Additional Project Management Weekly Check-In Calls $25,462 Total Requested Amendments $629,762 Design Studies Scope of Work Design Studies for East of 101 and Lindenville (new task). Raimi + Associates, in consultation with Fehr & Peers, will develop up to 2 concept plans for Lindenville (focused around Colma Creek) and for East of 101 (focused around the Caltrain Station). These design concepts will focus on possible visions for key development opportunity sites, particularly housing sites; connectivity and mobility improvements; parks and open space; and adjacencies to industrial sites and areas at risk to flooding. The intent of these concepts is to enable long-term creative thinking to help refine housing sites, development standards, and development prototypes. The concepts will be depicted in both plan view and via highly-compelling 3D simulations. Zoning Code Scope of Work A full scope of work and budget is attached. The following are amendments to the original scope of work (bullet #1) and the remainder are optional tasks. Zoning Code Amendment (new task). LWC will prepare an Admin Draft Zoning Code for review by City staff. This additional work will include: one additional day of stakeholder interviews, preparation of an administrative draft zoning code, and an additional staff review meeting and form-based code testing. Zoning District Mapping (new task). Raimi + Associates would convert Adobe Illustrator maps to ArcGIS shapefiles and create production quality maps. Additional Transect Zones (new task). LWC will prepare transect zones beyond the five transect zones anticipated in Task 9.3.1. Detailed Objective Design Standards (new task). LWC will prepare detailed objective architectural design standards for residential, non-residential, and mixed-use development. The standards are intended to apply to building design in the form-based areas and use-based area and may address building placement, upper-story step-backs, size and bulk, building articulation, pedestrian-scaled design, building materials, building colors, and on-site circulation and access. Additional Workshop/Study Session (new task). LWC will prepare for and facilitate additional workshop(s)/study session(s) beyond those identified in this scope. Design Guidelines (new task). LWC will prepare a set of illustrated design guidelines to assist applicants, designers, and design reviewers in the interpretation of zoning 3 requirements; facilitate understanding of community design expectations; encourage creativity; and lead to harmonious and context-sensitive design. Design guidelines are subjective in nature and recommendations only, intended to support design conversations regarding best design practices and complement required development and design standards. Design guidelines will serve a basis for discretionary review as well as a general resource that communicates the community’s expectations for all design. Transportation Analysis Scope of Work Task 3.12: Citywide Sub-Area Model (amended task). C/CAG + Sub Area Model development and analysis required a higher level of effort than was anticipated in the original scope of work. This task will be amended to reflect Fehr & Peers (F&P) additional coordination and effort to coordinate with C/CAG and VTA staff to keep model up to date with latest county updates, troubleshoot application of raw C/CAG model files in South San Francisco, refine preferred circulation network for input into preferred land use model run, and refine residential and employment inputs by TAZ for land use alternatives travel demand model runs. East of 101 Trip Cap (new task). F&P will calculate East of 101 trip generation estimates and potential range of reductions for the preferred general plan alternative; complete review of trip cap implementation in other communities; develop performance-based metric options, targets, monitoring methods, and penalties; coordinate 3-4 meetings with a technical working group of City staff. F&P will review draft ordinance language prepared by City staff to implement trip cap TDM Ordinance Update (new task). F&P will audit local effectiveness of various TDM measures against county baseline, develop an ordinance framework, which would include a measure point system and requirements based on land use context , and establish nexus with VMT analysis and mitigations. F&P will develop templates for TDM Plans and monitoring reports and establish a system for administering penalties and clarify projects that are eligible for penalty funds. F&P will draft text for updated TDM ordinance. TIA Guidelines (new task). F&P will provide guidance for new VMT analysis for CEQA assessments as a result of SB 743. This will include: o Preparing VMT screening maps by TAZ o Outlining revised approach for Level of Service (LOS) application to different project types o Developing high-injury network (HIN) using collision history and define role of HIN within ordinance and within TIA guidelines o Presenting transportation analysis process in a visually simple format (such as a flowchart) that is accessible to a variety of audiences Fiscal and Financial Feasibility Analysis Scope of Work White Paper and Ongoing Consultation Regarding Economic Opportunities and Economic Development Policy Considerations (new task). Strategic Economics will prepare a white paper describing South San Francisco’s future opportunities for economic growth— including the potential for economic diversification—and will provide guidance for how the General Plan’s economic policies can support and respond to those opportunities. The white paper will incorporate consideration of any tradeoffs associated with focusing the City’s economic development efforts on the industries identified in the analyses described below and will discuss implications for land use and infrastructure investment in South 4 San Francisco. The white paper will primarily focus on specific industries and topics of concern noted by South San Francisco staff, including the following: Additional economic analysis to identify specific growth opportunities by industry sub - sectors, to create a more targeted vision for the City’s future economy, and to recommend economic development policies to support this vision. Opportunities to leverage the existing biotechnology industry to expand a cluster of related/supporting businesses. Analysis of the future of the City’s hospitality industry, and actions to support hotel performance and reinvestment (including potential investments in infrastructure and the South San Francisco Conference Center, and efforts to cultivate and promote local attractions such as Downtown South San Francisco). Guidance on the future of South San Francisco’s industrial buildings and properties, including opportunities to retain existing businesses—such as food manufacturing—and insights into potential future users of these properties such as advanced manufacturing and R&D uses. Recommendations for a retail strategy, based on evolution of the retail industry and its space and location preferences. Strategic Economics will investigate these topics through a series of analyses that clar ify the influence of each industry’s potential based on general trends for that industry, relationships between wages / housing costs / real estate market pressures and considerations (e.g., highest and best use of sites, pressure to consolidate sites, compatibility of existing buildings with particular uses), location and infrastructure considerations (e.g., transportation access and reinvestment in the public realm), broader trends like automation and the evolution of retail, and community desires for equitable and inclusive growth as expressed through the General Plan’s community outreach process. These analyses will recognize that a key challenge for sustaining business activity is not necessarily one of declining demand for buildings or space, but instead more about the tensions between property owners’ goals to leverage their property values based on their “highest and best use” versus community goals that could constrain these values by restricting use. The analyses will employ several different quantitative and qualitative techniques. The economic analysis will include additional shift-share and location quotient analyses of the sub-sector employment data previously assembled for the General Plan existing conditions report, as well as available industry projections and resources describing likely growth by industry in the Bay Area. As needed, Strategic Economics will also conduct interviews with businesses in targeted sectors, primarily through a series of focus groups convened by City staff; these interviews will be especially relevant for industries in which a handful of larger employers constitute a large share of jobs, such as in food manufacturing. Strategic Economics will also review relevant reports regarding both the future of the Bay Area economy as a whole and industry-specific reports. Additional interviews may be conducted with local real estate brokers and industry specialists as needed. 5 Based on the results of these analyses, Strategic Economics will identify industry sectors (in addition to the specific sectors noted above) that are poised for growth or could be sustained in South San Francisco through public policy and investment decisions. Strategic Economics will then examine the full array of public investment and policy decisions necessary or appropriate to support businesses in the targeted industry sectors. This will include not just traditional economic development actions implemented by the City, but also consideration of infrastructure and facility investments. Strategic Economi cs will also provide location- specific guidance (at a subarea level, such as Lindenville or East of 101 South of Grand) regarding the likely evolution of demand from users in different industry sectors and likely real estate investment outcomes. Fiscal Impact Analysis of Preferred Alternative (new task). Strategic Economics will calculate the changes in South San Francisco’s General Fund revenues and expenditures associated with the preferred General Plan land use alternative. This will be accomplished by updating and revising the fiscal impact analysis model previously created to analyze the three land use alternatives, including communication with the Fire Department to verify new service costs associated with the preferred alternative. Strategic Economics will produce a final memorandum describing the results. Commercial and Industrial Financial Feasibility and Community Benefits Analysis (new task). Strategic Economics will examine the financial potential for specific commercial and industrial product types to provide community benefits contributions to the City of South San Francisco based on the difference between “base” floor area ratio (FAR) prototypes and “bonus” FAR prototypes. Strategic Economics will also provide guidance on potential policy approaches and mechanisms to enable and incentivize contributions from development to support community needs. This work will be accomplished through the work described below. Strategic Economics will build static pro forma models that will test the financial feasibility of up to three prototype development projects at a “base” FAR an d at up to two tiers of “bonus” FAR to measure the value associated with the additional FAR. This calculation will form the basis for considering a potential bonus FAR fee or other equivalent contribution for projects seeking additional density. Examples of prototype projects could include a biotech/R&D building, traditional office building, and a logistics/industrial building. Raimi+Associates will develop and provide the development prototypes in consultation with City staff and Strategic Economics, based, to the extent possible, on actual recent development projects in and near South San Francisco. The pro forma model will be populated with up-to-date inputs including the following: Market Values: Strategic Economics will conduct targeted market research and interview brokers to obtain current information on rents/values for comparable buildings for modeling the base projects, as well as the market value of commercially/industrially zoned land in South San Francisco and San Mateo County. Development costs: Strategic Economics will interview real estate professionals (developers, contractors, architects, etc.) with recent or current projects in South San Francisco, San Mateo County, and/or San Francisco to verify appropriate construction cost assumptions. Cost estimates of city permits and fees will be reviewed with Planning staff. 6 Using land value estimates and rates of return that are consistent with current market expectations, Strategic Economics will determine the financial feasibility of each prototype and measure the net value difference between the base projects and the bonus FAR projects. This value differential represents the maximum “community benefits” or other supportable financial contribution that could potentially be generated from the bonus FAR projects. Strategic Economics will prepare a summary of findings of the analysis and discuss the results and possible next steps with City staff in a conference call. As budget allows, Strategic Economics will continue working with City staff and the Raimi+Associates team to provide input on potential community benefits or alternative funding strategies and next steps in developing appropriate policy. Strategic Economics will submit an administrative draft memorandum that will provide the City with the results of the community benefits analysis and a brief overview of potential options for obtaining and incentivizing community benefits or other funding contributions from the tested development project types. Depending on City direction and ongoing policy discussions, the memo may include preliminary recommendations for a potential community benefits strategy in South San Francisco, which may include considerations such as appropriate base and bonus FAR thresholds, types of desired benefits and district improvements that could be funded, mechanisms for determining exchange value, and the advantages and disadvantages of implementation. Strategic Economics will make any required edits or clarifications to the administrative draft memorandum report based on comments from City staff and deliver a final memorandum. Strategic Economics will also revise the General Plan Economic Development Element, as appropriate, to incorporate any new related policy language. Deliverables: Draft and Final memoranda; incorporation of new policies into the General Plan Economic Development Element, as appropriate Residential Development Feasibility Analysis (new task). Strategic Economics will conduct a financial feasibility analysis to assess the potential to incentivize residential development in areas targeted for growth—such as near the South San Francisco Caltrain stations and parts of Lindenville—based on relative performance of different product types and an analysis of factors influencing the feasibility of residential development in South San Francisco. Strategic Economics will build static pro forma models that will test the financial feasibility of up to three residential prototype development projects, each representing different intensities of development. Raimi+Associates, in coordination with Strategic Economics and City staff, will create detailed development project prototypes representing recent and likely residential development projects in South San Francisco. Based on these prototypes, Strategic Economics will estimate construction costs and attainable revenues. These estimates will incorporate the results of interviews with real estate professionals (developers, contractors, architects, etc.) with recent or current projects in South San Francisco and San Mateo County. Cost estimates of city permits and fees will be reviewed with Planning staff, including assumptions regarding housing impact fees, inclusionary housing in-lieu fees, and verification of specific inclusionary housing requirements. 7 The static financial models for the three residential prototypes will be used to compare costs and capitalized project revenues to test sensitivity of the prototypes’ financial feasibility to factors influencing construction costs and attainable revenues —such as reduced parking or fees, or differences in housing unit mix—based on impacts on the prototypes’ supportable residual land values. Strategic Economics will prepare a summary of findings of the analysis and discuss the results and possible next steps with City staff in a conference call. As budget allows, Strategic Economics will continue working with City staff and the Raimi+Associates team to provide input on potential policy direction around adjustments to requirements for residential development. Strategic Economics will submit an administrative draft memorandum that will provide the City with the results of the feasibility analysis. Strategic Economics will make any required edits or clarifications to the administrative draft memorandum report based on comments from City staff, and deliver a final memorandum. Deliverables: Draft and Final memoranda Assessment of Relative Barriers and Opportunities for Residential Versus Commercial Development (new task). Strategic Economics will build static pro forma models to compare the relative financial feasibility of low- and high-FAR residential prototypes versus low- and high-FAR biotech/R&D prototypes and an industrial development prototype, all on an equivalent site that reflects typical conditions near South San Francisco’s Caltrain station. Raimi + Associates will develop and provide the development prototypes in consultation with City staff and Strategic Economics and based, to the extent possible, on actual recent development projects in and near South San Francisco. Based on these prototypes, Strategic Economics will estimate construction costs and attainable revenues. These estimates will incorporate the results of interviews with real estate professionals (developers, contractors, architects, etc.) with recent or current projects in South San Francisco and San Mateo County. Cost estimates of city permits and fees will be reviewed with Planning staff, including assumptions regarding housing impact fees, inclusionary housing in-lieu fees, and verification of specific inclusionary housing requirements. Strategic Economics will compare the prototypes’ supportable residual land values to determine the relative feasibility of residential and biotech/R&D uses at the tested development intensities. Strategic Economics will share the results of the analysis with City staff. Based on direction from City staff, Strategic Economics may subsequently develop a summary of potential policy options for shifting the relative feasibility and development incentive for residential or biotech/R&D uses. Strategic Economics will also interview housing developers and biotech/R&D and industrial developers who are active in South San Francisco and San Mateo Count y to specifically describe the factors that improve or diminish the feasibility of housing development, and to learn about the role of South San Francisco policies and requirements that could overcome barriers to building housing. Examples of such barriers could include factors such as impact 8 fees, inclusionary housing requirements, zoning and density rules, and parking requirements. Strategic Economics will summarize the findings of the analysis and potential policy options in an administrative draft memorandum. Strategic Economics will make any required edits or clarifications to the administrative draft memorandum report based on comments from City staff, and will deliver a final memorandum. Based on direction from City staff, Strategic Economics may subsequently develop a summary of potential policy options for shifting the relative feasibility and development incentives for developers to pursue residential projects versus commercial and industrial projects. Community Engagement Scope of Work Task 2.4: CAC Meetings (amended task) will be amend to include five additional CAC meetings with the Community Advisory Committee. All meetings are assumed to be virtual. Task 2.7: Community Workshops (amended task) will be amended to include ten additional policy focused meetings. This includes 7 topic-specific policy meetings (sustainability and greenhouse gas reduction; mobility; economic development and education; social equity and health; land use and placemaking; safety and climate hazards; parks and recreation) and 3 sub-area meetings (East of 101, Downtown, and Lindenville). All meetings will be virtual. Translation and Interpretation (new task). This item will be included to pay for community workshop materials and meeting interpretation. Project Coordination Scope of Work Task 10.2: Weekly Check-In Calls (amended task) have required a significantly higher level of effort than was anticipated in the original scope of work. This amendment allows for the continued coordination of Raimi + Associates with City Staff. This will also allow for the continued update of the project work plan. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-141 Agenda Date:3/10/2021 Version:1 Item #:5. Report regarding a resolution approving Parcel Map No.20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard,dedicating new public easements,and abandoning existing public easements as part of the Kilroy Oyster Point Development Project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder.(Eunejune Kim, Director of Public Works/City Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving Parcel Map No.20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard, dedicating new public easements,and abandoning existing public easements as part of the Kilroy Oster Point Development Project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. BACKGROUND/DISCUSSION Kilroy Realty Corporation (Kilroy)is constructing the Oyster Point Development project pursuant to a Disposition and Development Agreement (DDA)dated March 23,2011 with the Successor Agency to the City of South San Francisco Redevelopment Agency and the City.As part of Phase 1C of the development project, Oyster Point Boulevard and Marina Boulevard will be reconstructed along a new alignment and will include the relocation of existing public utilities within the project area.The proposed public right-of-way for the new streets is on the City’s property.Some of the new and relocated utilities are on private property owned by Kilroy.There are also existing public utility and access easements on the City’s and Kilroy’s property that must be abandoned.Parcel Map 20-0996 has been prepared to dedicate the new public rights-of-way and Public Utility Easements,and to abandon the various existing public easements that are no longer needed.Given that the Parcel Map includes property owned by both Kilroy and the City,the map includes both Kilroy and the City as signatory on the Parcel Map’s owner’s statements. Exhibit A of the attached resolution to this staff report is a copy of the proposed Parcel Map 20-0996.The following is a summary of the new rights-of-way and easements to be created by this Parcel Map: ·The new public right-of-way for the relocated Oyster Point Boulevard and Marina Boulevard on the City’s property. ·Public utility easements on the City’s property on Parcel 5 and Parcel 6 for the purposes of electric,gas, and telecommunication facilities. ·Public utility easements on Kilroy’s property on Parcel 1,Parcel 3,and Parcel 4 for the purposes of electric, gas, and telecommunication facilities. City of South San Francisco Printed on 3/5/2021Page 1 of 4 powered by Legistar™ File #:21-141 Agenda Date:3/10/2021 Version:1 Item #:5. ·A public sanitary sewer easement on Kilroy’s property on Parcel 1 for a new sanitary sewer lift station. ·A public access easement on Kilroy’s Parcel 4 near the intersection of Gull Road and Oyster Point Boulevard for the purposes of a public street and sidewalk. Section 66447(j)of the Subdivision Map Act allows for the abandonment of existing public easements as part of the filing of a Parcel Map if a written notation of each abandonment is listed on the map.However,before any public easement vested in another public entity may be abandoned,the public entity must first receive notice of the proposed abandonment and the private entity must not object to the abandonment.City staff sent notifications regarding the proposed abandonments to the various utility companies on February 9,2021 and received no objections.The following is a summary of the various public easements to be abandoned as part of this Parcel Map and are shown for clarification on Attachment 1: A)A 25'-WIDE EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF THE CITY OF SOUTH SAN FRANCISCO RECORDED FEBRUARY 19,1948 IN BOOK 1462,PAGE 2, OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Item 2) B)A 25'-WIDE EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF THE CITY OF SOUTH SAN FRANCISCO RECORDED DECEMBER 19,1950 IN BOOK 1995,PAGE 227, OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Item 3) C)ALL THAT PORTION OF A STREET DEDICATION LOCATED ON PARCEL 3 AND PARCEL 4 OF THIS PARCEL MAP,AND DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS PART OF PARCEL MAP 99-005 RECORDED ON DECEMBER 8,1999 IN BOOK 72 OF PARCEL MAPS AT PAGES 6-8,OFFICAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Item 23) D)A 10'WIDE AND A 50'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE RECORDED SEPTEMBER 25,1969 IN BOOK 5694,PAGE 539,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Items 15 and 16) E)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICECity of South San Francisco Printed on 3/5/2021Page 2 of 4 powered by Legistar™ File #:21-141 Agenda Date:3/10/2021 Version:1 Item #:5. E)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL II,IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.(Portion of Item 4 in Exhibit A) F)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL I,EXCEPTING THAT PORTION OF PARCEL 1 EASTERLY OF THE WEST LINE OF PARCEL III,IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Portion of Item 4 in Exhibit A) G)A 42'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY RECORDED DECEMBER 28,1962 IN BOOK 4362,PAGE 211,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Item 6) H)A 10’WIDE,25’WIDE,AND A 30’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY AS DESCRIBED IN THE DOCUMENT RECORDED ON NOVEMBER 14,1988 AS 88155501 OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Item 5) I)THE PORTION OF A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL 1 AND LYING 429.5 FEET WESTERLY OF THE NORTHERN MOST END OF PARCEL III IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, City of South San Francisco Printed on 3/5/2021Page 3 of 4 powered by Legistar™ File #:21-141 Agenda Date:3/10/2021 Version:1 Item #:5. CALIFORNIA. (Portion of Item 4) J)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL IV,IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. (Portion of Item 4) California Government Code section 65402 requires that,as a precondition to any disposition of real property or acceptance of any public right-of-way or easement dedications,the City’s Planning Commission must determine that the location,purpose and extent of the proposed disposition and dedications are in conformity with the City’s General Plan.On March 14,2011,the Planning Commission approved Resolution 2701-2011, which determined that the Oyster Point Development Project including the realignment,reconfiguration, replacement and improvements to the existing roadways,and infrastructure to facilitate the development (subject to the terms of the Project entitlements including the Proposed Developer Agreement)are consistent and compatible with all elements of the City of South San Francisco General Plan as amended in 2011.This determination of conformity to the General Plan includes the public right-of-way and utility easement dedications and complies with the requirements of Government Code section 65402 as required for the City to abandon the various public utility easements and dedicate the new public rights-of-way. FISCAL IMPACT No fiscal impact. CONCLUSION The finding of consistency with the General Plan allows the City Council to approve the parcel map,which will facilitate the construction of the Oyster Point Development project.Therefore,staff recommends that the City Council adopt a resolution approving Parcel Map No.20-0996 for the purposes of creating the new public right -of-way on Oyster Point Boulevard and Marina Boulevard,dedicating new public easements,and abandoning existing public easements as part of the Kilroy Oster Point Development Project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. Attachments: 1.Easement Abandonments 2.Presentation City of South San Francisco Printed on 3/5/2021Page 4 of 4 powered by Legistar™ OYSTER POINT BLVDOYSTER POINT BLVDMARINA BLVDMARINA BLVD4 6 5 44 56 24 4 3324161523 4 44 4 5 5 SHEETPROJ. NO.:SCALE: 1" = 60'Drawn:Project Eng.:Designer:Project Mgr.:Checked:BYDATEBYISSUE / REVISION DESCRIPTIONDATENO.OFT:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\Utility Easement Abandonment Maps\2021-01-04 Utility Easement Abandonments.dwg@ 09:38:50 AM Plotted:Engineering, Surveying & PlanningWILSEYHAM3130 La Selva Street, Suite 100San Mateo, CA 94403650.349.2151wilseyham.comDATE: February 3, 2020111025-010EASEMENT VACATION EXHIBIT03060120180Scale: 1" = 60'OYSTER POINT DEVELOPMENTREF. NO.EASEMENT TYPEDOCUMENT NO.ABANDON?TIMINGSTATUS15' & 10' PG&E / PAC BELL85130034YesOnce Ph IC OPB roadway is constructed and new R/W dedicated & accepted.Will be abandoned by Parcel Map #2.225.0' ROADWAY1462 OR 2YesOnce Ph IC OPB roadway is constructed and new R/W dedicated & accepted.Will be abandoned by Parcel Map #2.325.0' ROADWAY1995 OR 227YesOnce Ph IC OPB roadway is constructed and new R/W dedicated & accepted.Will be abandoned by Plats and Legals.420.0' WATER LINE82096482PartialAbandon Parcel I west of westerly edge of Parcel III; Abandon Parcel II; Abandon Parcel VI;Abandonment occurs when PH1C water main is constructed and activated, existing main isdeactivated and proposed 20' Calwater Easement is accepted.Will be abandoned by Parcel Map #2.510.0' WATER LINE88155501YesOnce the City has recorded a Certificate of Completion for all the public improvements perthe requirement of the DDAWill be abandoned by Parcel Map #2.642.0' CAL WATER LINE4362 OR 211YesOnce the City has recorded a Certificate of Completion for all the public improvements perthe requirement of the DDAWill be abandoned by Parcel Map #2.725.0' BUILDING RESTRICTION85138853 (J P A)YesAs part of demolition for refuse relocation.Abandoned prior to land conveyance830.0' LICENSE AGREEMENT89175363YesPrior to refuse relocation.Abandoned prior to land conveyance9SLOPE EASEMENT (EXHIBIT C)6728 OR 241NoTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.10STORM DRAIN EASEMENT (EXHIBIT F)6728 OR 241TBDTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.115.0' ANCHOR EASEMENT (EXHIBIT L)6728 OR 241TBDTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.1215.0' PGE/ATT EASEMENT6728 OR 241TBDTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.1310.0' PG&E2023 OR 91TBDTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.1412.5' STORM DRAIN97-093545TBDTo be reviewed as part of South Cove & Harbor View 2 design.Review during Harbor View 2 design.1550.0' WATER LINE5694 OR 539YesOnce PH1C water main is constructed and activated, existing main is deactivated andproposed 20' Calwater Easement is accepted.WH to provide plats and legals .1610.0' WATER LINE5694 OR 539YesOnce PH1C water main is constructed and activated, existing main is deactivated andproposed 20' Calwater Easement is accepted.WH to provide plats and legals.1712.0' SANITARY SEWER82099998YesPrior to Phase 2 permitting.WH to provide plats and legals.18PG&E83022834YesOnce Phase IC JT is constructed, new R/W is accepted and existing facilities are removed.195' AT&T EASEMENT83099596UnlikelyFor Propeller buildings, will likely need to remain.WH to verify easments for the benefit of.202.5' PG&E86018942UnlikelyFor Propeller buildings, will likely need to remain.WH to verify easments for the benefit of.21PUBLIC ACCESSPERMIT 8-74?City should verify need.2210' PG&E2023 OR 83YesPrior to Phase 2 permitting.WH to verify grantee.23STREET DEDICATION (GULL/MARINA)72 PM 6-8PartialOnce Ph IC OPB roadway is constructed and new R/W dedicated & accepted.WH to provide plats and legals.245' PG & E EASEMENT5702 OR 385TBDOnce Phase IC JT is constructed, new R/W is accepted and existing facilities are removed.WH to provide plats and legals. KILROY / OYSTER POINT DEVELOPMENT PHASE 1C PARCEL MAP MARCH 10, 2021 LOCATION MAP 2 PROJECT BACKGROUND 3 BADEN AVE 2ND LANE Kilroy Realty Corporation is constructing the Oyster Point Development project pursuant to a Disposition and Development Agreement (DDA) dated March 23, 2011 with the Successor Agency to the City of South San Francisco Redevelopment Agency and the City. 645 Baden –Final Map 4 Oyster Point Construction Underway 645 Baden –Final Map 5 PARCEL MAP 20-0996 Parcel Map •Includes property owned by Kilroy and the City. •For the purpose of dedicating Public Right-of- Way for the new Oyster Point Blvd. and Marina Blvd. and for creating new Public Utility Easements. •For Abandoning the existing Oyster Point Roadway Easements and Easements in favor of Calwater that are no longer needed for public use. 645 Baden –Final Map 6 PARCEL MAP 20-0996 Easements to be Abandoned: •Calwater Waterline Easements (blue, yellow, and pink). •Old Oyster Point Roadway Easement (brown). •A street dedication for old Marina Blvd. (red) Abandonment Clearance Letters sent to Calwater, AT&T, and PG&E on February 9, 2021. 645 Baden –Final Map STAFF RECOMMENDATION: Adopt a resolution that: •approves Parcel Map No.20-0996. •authorizes the City Manager to execute the Parcel Map,and •authorizes the recording of the Parcel Map with the San Mateo County Recorder. 7 645 Baden –Final Map QUESTIONS? 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-142 Agenda Date:3/10/2021 Version:1 Item #:5a. Resolution approving Parcel Map No.20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard,dedicating new public easements,and abandoning existing public easements as part of the Kilroy Oyster Point Development Project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. WHEREAS,Kilroy Realty Corporation is constructing the Oyster Point Development project pursuant to a Disposition and Development Agreement (DDA)dated March 23,2011 with the Successor Agency to the City of South San Francisco Redevelopment Agency and with the City of South San Francisco; and WHEREAS, as part of said development project, Oyster Point Boulevard and Marina Boulevard will be reconstructed along a new alignment and will include the relocation of the public utilities that existed in the original street and project area; and WHEREAS,the proposed public right-of-way for the relocated Oyster Point Boulevard and Marina Boulevard is on the City’s property; and WHEREAS, some of the new relocated utilities are located on private property owned by Kilroy; and WHEREAS,there are also existing public utility and access easements on the City’s and Kilroy’s property that must be abandoned; and WHEREAS,to accomplish the creation of the new public rights-of-way,public utility easements,and to abandon the various existing public easements that are no longer needed,Parcel Map 20-0996 has been prepared for this purpose; and WHEREAS, the following is a summary of the new rights-of-way and easements to be created by said Parcel Map 20-0996: ·The new public right-of-way for the relocated Oyster Point Boulevard and Marina Boulevard on the City’s property. ·Public utility easements on the City’s property on Parcel 5 and Parcel 6 for the purposes of electric,gas, City of South San Francisco Printed on 4/21/2021Page 1 of 4 powered by Legistar™ File #:21-142 Agenda Date:3/10/2021 Version:1 Item #:5a. and telecommunication facilities. ·Public utility easements on Kilroy’s property on Parcel 1,Parcel 3,and Parcel 4 for the purposes of electric, gas, and telecommunication facilities. ·A public sanitary sewer easement on Kilroy’s property on Parcel 1 for a new sanitary sewer lift station. ·A public access easement on Kilroy’s Parcel 4 in the vicinity of the intersection of Gull Road and Oyster Point Boulevard for the purposes of a public street and sidewalk; and WHEREAS,Section 66447(j)of the Subdivision Map Act allows for the abandonment of existing public easements as part of the filing of a Parcel Map provided that a written notation of each abandonment is listed on the map; and WHEREAS,on February 9,2021,City staff sent notifications regarding proposed abandonments of various public utility easements to utility company easement owners pursuant to Section 66447(j),and received no objections; and WHEREAS, the following public easements are to be abandoned as part of said Parcel Map: A)A 25'-WIDE EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF THE CITY OF SOUTH SAN FRANCISCO RECORDED FEBRUARY 19,1948 IN BOOK 1462,PAGE 2,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. B)A 25'-WIDE EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF THE CITY OF SOUTH SAN FRANCISCO RECORDED DECEMBER 19,1950 IN BOOK 1995,PAGE 227,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. C)ALL THAT PORTION OF A STREET DEDICATION LOCATED ON PARCEL 3 AND PARCEL 4 OF THIS PARCEL MAP,AND DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS PART OF PARCEL MAP 99 -005 RECORDED ON DECEMBER 8,1999 IN BOOK 72 OF PARCEL MAPS AT PAGES 6-8,OFFICAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. D)A 10'WIDE AND A 50'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE RECORDED SEPTEMBER 25,1969 IN BOOK 5694,PAGE 539,OFFICIAL RECORDS OF SAN MATEO City of South San Francisco Printed on 4/21/2021Page 2 of 4 powered by Legistar™ File #:21-142 Agenda Date:3/10/2021 Version:1 Item #:5a. COUNTY, CALIFORNIA. E)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL II,IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. F)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL I,EXCEPTING THAT PORTION OF PARCEL 1 EASTERLY OF THE WEST LINE OF PARCEL III,IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. G)A 42'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY RECORDED DECEMBER 28,1962 IN BOOK 4362,PAGE 211,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325,OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. H)A 10’WIDE,25’WIDE,AND A 30’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY AS DESCRIBED IN THE DOCUMENT RECORDED ON NOVEMBER 14,1988 AS 88155501 OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. I)THE PORTION OF A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL 1 AND LYING 429.5 FEET WESTERLY OF THE NORTHERN MOST END OF PARCEL III IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. J)A 20’WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL IV,IN THE DOCUMENT RECORDED NOVEMBER 5,1982 AS 82096482,OFFICIAL RECORDS OF SAN MATEO COUNTY,CALIFORNIA.SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS City of South San Francisco Printed on 4/21/2021Page 3 of 4 powered by Legistar™ File #:21-142 Agenda Date:3/10/2021 Version:1 Item #:5a. UPON THE CITY’S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23,2011 AND RECORDED MARCH 24,2011 IN RECORDING DOCUMENT NO.2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA; and WHERAS,California Government Code section 65402 requires that,as a precondition to any disposition of real property or acceptance of any right-of-way or easement dedications,the City’s Planning Commission must determine that the location,purpose and extent of the proposed disposition are in conformity with the City’s General Plan; and WHEREAS,On March 14,2011,the Planning Commission approved Resolution 2701-2011,which determined that the Oyster Point Development Project including the realignment,reconfiguration,replacement and improvements to the existing roadways,and infrastructure to facilitate the development (subject to the terms of the Project entitlements including the Proposed Developer Agreement)are consistent and compatible with all elements of the City of South San Francisco General Plan as amended in 2011; and WHEREAS,said determination of conformity to the General Plan includes the public right-of-way and utility easement dedications and complies with the requirements of Government Code section 65402; and WHEREAS,the City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the Parcel Map 20-0996 is in compliance with the Subdivision Map Act, the City’s Subdivision Ordinance, and all applicable conditions of approval for said development. THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1.Approves Parcel Map 20-0996 for the purposes of creating the new public right-of-way on Oyster Point Boulevard and Marina Boulevard,dedicating new public easements,and abandoning existing public easements as part of the Kilroy Oster Point Development Project,a copy of which is attached hereto as Exhibit A. 2.Authorizes the recording of said Parcel Map 20-0996 at the San Mateo County Recorder’s office. 3.Authorizes the City Manager to execute Parcel Map 20-0996 and any other related documents or to take any other action consistent with the intent of this Resolution,subject to the approval as to form by the City Attorney. ***** City of South San Francisco Printed on 4/21/2021Page 4 of 4 powered by Legistar™ T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-12 Draft Parcel Map - Oyster Pt.dwg 2-12-21 03:50:49 PM thammond OWNER'S STATEMENT KILROY PARCELS OWNERS STATEMENT THE UNDERSIGNED HEREBY STATES THAT IT IS THE OWNER OF PARCEL 1, PARCEL 3, AND PARCEL 4 OF THE HEREIN EMBODIED PARCEL MAP NO 20-0996 , CITY OF SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA, CONSISTING OF EIGHT (8) SHEETS, THAT IT IS THE OWNER OF SAID LAND BY VIRTUE OF THE GRANT DEEDS RECORDED ON JUNE 5, 2018 AS RECORDERS SERIES NO. 201-043307, ON JUNE 5, 2018 AS RECORDERS SERIES NO. 2018-043304, AND ON JUNE5, 2018 AS RECORDERS SERIES NO. 2018-043303, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA, AND THAT IT CONSENTS TO THE PREPARATION AND RECORDING OF THIS PARCEL MAP. PUBLIC UTILITY EASEMENT (PUE): THE REAL PROPERTY SHOWN ON THIS PARCEL MAP ON PARCEL 1, PARCEL 3, AND PARCEL 4 AS PUE(HD) IS HEREBY DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT OVER ACROSS AND UNDER SAID REAL PROPERTY FOR THE PURPOSES OF CONSTRUCTION, RECONSTRUCTION, OPERATION, ACCESS, AND MAINTENANCE OF APPLICABLE STRUCTURES AND APPURTENANCES THERETO INCLUDING BUT NOT LIMITED TO ELECTRICAL, GAS, TELECOMMUNICATION AND CABLE FACILITIES. SAID AREAS SHALL BE KEPT OPEN AND FREE OF BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT FOR APPLICABLE UTILITY STRUCTURES AND APPURTENANCES THERETO, AND LAWFUL FENCES. IT IS UNDERSTOOD AND AGREED THAT THE CITY OF SOUTH SAN FRANCISCO AND ITS SUCCESSORS OR ASSIGNS SHALL INCUR NO LIABILITY WITH RESPECT TO SUCH DEDICATION AND SHALL NOT ASSUME ANY RESPONSIBILITY FOR THE EASEMENT OR ANY IMPROVEMENTS THEREON OR THEREIN. PUBLIC SANITARY SEWER EASEMENT (PSSE): THE REAL PROPERTY SHOWN ON THIS PARCEL MAP ON PARCEL 1, AS PSSE (HD) IS HEREBY DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS AN EXCLUSIVE PUBLIC SANITARY SEWER EASEMENT OVER, ACROSS AND UNDER SAID REAL PROPERTY FOR THE PURPOSES OF CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF A SANITARY SEWER LIFT STATION INCLUDING APPLICABLE STRUCTURES, APPURTENANCES, AND UTILITY CONNECTIONS THERETO. PUBLIC STREET AND SIDEWALK EASEMENT (PSWE): THE REAL PROPERTY SHOWN ON THIS PARCEL MAP ON PARCEL 4 AS PSWE (HD) IS HEREBY DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS A PUBLIC STREET AND SIDEWALK EASEMENT OVER, ACROSS, AND UNDER SAID REAL PROPERTY FOR THE PURPOSE OF CONSTRUCTION, RECONSTRUCTION ACCESS, OPERATION AND MAINTENANCE OF STREET, SIDEWALK, TRAFFIC SIGNAL, AND UNDERGROUND UTILITY FACILITIES. BY:KR ROSE CANYON, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TO PARCEL 1 OF THIS PARCEL MAP AS OWNER: JONAS VASS, SENIOR VICE PRESIDENT, DEVELOPMENT KILROY REALTY CORPORATION BY:KR OYSTER POINT II, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TO PARCEL 3 OF THIS PARCEL MAP AS OWNER: JONAS VASS, SENIOR VICE PRESIDENT, DEVELOPMENT KILROY REALTY CORPORATION BY:KR OYSTER POINT I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TO PARCEL 4 OF THIS PARCEL AS OWNER: JONAS VASS, SENIOR VICE PRESIDENT, DEVELOPMENT KILROY REALTY CORPORATION SHEET 1 0F 8JOB #1025-010 COUNTY RECORDER'S STATEMENT FILED THIS DAY OF , 2020, AT .M. IN VOLUME OF PARCEL MAPS AT PAGES ,OF THE OFFICIAL RECORDS OF THE COUNTY OF SAN MATEO, AT THE REQUEST OF THE CITY OF SOUTH SAN FRANCISCO. FILE NO. FEE MARK CHURCH, COUNTY RECORDER BY: DEPUTY Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF REQUIRED, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE "CALIFORNIA SUBDIVISION MAP ACT" AND OF THE "SAN MATEO COUNTY ORDINANCE" APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATE: BY: EUNEJUNE KIM, C.E. C 54268 CITY OF SOUTH SAN FRANCISCO TECHNICAL REVIEWER'S STATEMENT THIS PARCEL MAP HAS BEEN REVIEWED AND FOUND TO BE TECHNICALLY CORRECT. DATE: BY: MAURICE KAUFMAN, L.S. NO. 7256 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF KILROY REALTY CORPORATION AND THE CITY OF SOUTH SAN FRANCISCO ON MARCH 20, 2017. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE DECEMBER 2021, THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATE: BY: BRUCE R. STORRS, PLS 6914 OWNER'S ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ) ON BEFORE ME, , (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: OWNER'S ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ) ON BEFORE ME, , (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: OWNER'S STATEMENT CITY PARCELS THE UNDERSIGNED HEREBY STATES THAT IT IS THE OWNER OF PARCEL 2, PARCEL 5, PARCEL 6 OF THE HEREIN EMBODIED PARCEL MAP NO. 20-0996, AND THE REMAINDER PARCEL 1 AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FILED ON SEPTEMBER 25, 2017 IN DOCUMENT NO. 2017-083522, CITY OF SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA, AND THAT IT CONSENTS TO THE PREPARATION AND RECORDING OF THIS PARCEL MAP. PUBLIC UTILITY EASEMENT (PUE): THE REAL PROPERTY SHOWN ON THIS PARCEL MAP ON PARCEL 5 AND PARCEL 6, AS PUE(HD) IS HEREBY DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT OVER ACROSS AND UNDER SAID REAL PROPERTY FOR THE PURPOSES OF CONSTRUCTION, RECONSTRUCTION, OPERATION, ACCESS, AND MAINTENANCE OF APPLICABLE STRUCTURES AND APPURTENANCES THERETO INCLUDING BUT NOT LIMITED TO ELECTRICAL, GAS, TELECOMMUNICATION AND CABLE FACILITIES. SAID AREAS SHALL BE KEPT OPEN AND FREE OF BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT FOR APPLICABLE UTILITY STRUCTURES AND APPURTENANCES THERETO, AND LAWFUL FENCES. PUBLIC RIGHT-OF-WAY DEDICATION: THE REAL PROPERTY SHOWN ON THIS PARCEL MAP AS PARCEL 2 IS HEREBY DEDICATED AS A PUBLIC RIGHT-OF-WAY FOR THE RELOCATED OYSTER POINT BOULEVARD AND MARINA BOULEVARD, PROVIDING PUBLIC ACCESS FOR CONSTRUCTING, RECONSTRUCTING, OPERATING, AND MAINTAINING A PUBLIC STREET, SIDEWALK, AND UTILITIES INCLUDING BUT NOT LIMITED TO SANITARY SEWER, STORM DRAIN, WATER, ELECTRICAL, GAS, TELECOMMUNICATIONS AND CABLE FACILITIES. BY:THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATION, AS OWNER: CHARLES M. FUTRELL, CITY MANAGER, THE CITY OF SOUTH SAN FRANCISCO CITY CLERK'S STATEMENT I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AT ITS REGULAR MEETING HELD ON THE ________ DAY OF ____________, 2020, DID DULY APPROVE THE HEREIN PARCEL MAP NO. 20-0996 , AUTHORIZED ITS RECORDATION, ACCEPTED ON BEHALF OF THE PUBLIC ALL EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE ON THIS PARCEL MAP, APPROVED THE DEDICATION OF PUBLIC RIGHT-OF WAY ON PARCEL 2 OF THIS PARCEL MAP FOR THE RELOCATED OYSTER POINT BOULEVARD AND MARINA BOULEVARD, AND APPROVED THE ABANDONMENT OF THE VARIOUS PUBLIC EASEMENTS LISTED ON THIS PARCEL MAP FOR ABANDONMENT. BY: DATE: ROSA GOVEA ACOSTA CITY CLERK PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETSST A TE OF CA L I F O R N IAPROFESSIO N A L LAND S U R VEYORBRUC E R . STO R RSNO. 6914 Preli mi n ar y 02/1 2/ 2 0 2 1 Exhibit A T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:43:05 PM thammond SHEET 2 0F 8JOB #1025-010 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com SOILS REPORT STATEMENT A GEOTECHNICAL INVESTIGATION REPORT HAS BEEN PREPARED BY LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC., PROJECT NO.730480107, DATED OCTOBER 19, 2017. SAID REPORT IS ON FILE WITH THE CITY OF SOUTH SAN FRANCISCO. PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS TITLE NOTES: 1:THE PROPERTIES WITHIN THIS SUBDIVISION ARE SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED “DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND OYSTER POINT VENTURES, LLC” DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034324, AN ASSIGNMENT AND ASSUMPTION DATED AUGUST 17, 2016 AND RECORDED AUGUST 18, 2016 AS INSTRUMENT NO 2016-082622 AND, A CONSENT, ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT DATED JUNE 1, 2018 AND RECORDED JUNE 5, 2018 AS INSTRUMENT NO 2018-043311, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. 2:THE PROPERTIES WITHIN THIS SUBDIVISION ARE SUBJECT TO THE AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED “MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT” BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, THE CITY OF SOUTH SAN FRANCISCO, AND OYSTER POINT VENTURES, LLC” DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, A CONSENT, ASSIGNMENT AND ASSUMPTION DATED AUGUST 18, 2016 AND RECORDED AUGUST 18, 2016 AS INSTRUMENT NO 2016-082623 AND, A CONSENT, ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT DATED JUNE 1, 2018 AND RECORDED JUNE 5, 2018 AS INSTRUMENT NO 2018-043310, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. 3: PARCEL 1, PARCEL 3, PARCEL 4, PARCEL 5, AND PARCEL 6 LIE WITHIN THE BOUNDARY OF A MELLO ROOS COMMUNITY FACILITIES DISTRICT (CFD NO. #2017-01) RECORDED ON MARCH 27, 2018 IN RECORDING DOCUMENT NO. 2018-023008, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. 4:EASEMENT ABANDONMENT PURSUANT TO SECTION 66445(J) OF THE SUBDIVISION MAP ACT, THE RECORDATION OF THIS PARCEL MAP CONSTITUTES THE ABANDONMENT OF THE FOLLOWING EASEMENTS: A)A 25'-WIDE ROADWAY EASEMENT RECORDED FEBRUARY 19, 1948 IN BOOK 1462, PAGE 2, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. B)A 25'-WIDE ROADWAY EASEMENT RECORDED DECEMBER 19, 1950 IN BOOK 1995, PAGE 227, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. C)ALL THAT PORTION OF A STREET DEDICATION LOCATED ON PARCEL 3 AND PARCEL 4 OF THIS PARCEL MAP, AND DEDICATED TO THE CITY OF SOUTH SAN FRANCISCO AS PART OF PARCEL MAP 99-005 RECORDED ON DECEMBER 8, 1999 IN BOOK 72 OF PARCEL MAPS AT PAGES 6-8, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. D)A 10' WIDE AND A 50'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE RECORDED SEPTEMBER 25, 1969 IN BOOK 5694, PAGE 539, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. E)A 20' WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL II, IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. F)A 20' WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL I, EXCEPTING THAT PORTION OF PARCEL 1 EASTERLY OF THE WEST LINE OF PARCEL III, IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. G)A 42'-WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY RECORDED DECEMBER 28, 1962 IN BOOK 4362, PAGE 211, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. H)A 10' WIDE, 25' WIDE, AND A 30' WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY AS DESCRIBED IN THE DOCUMENT RECORDED ON NOVEMBER 14, 1988 AS 88155501 OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. I)THE PORTION OF A 20' WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL 1 AND LYING 429.5 FEET WESTERLY OF THE NORTHERN MOST END OF PARCEL III IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. J)A 20' WIDE WATER LINE EASEMENT IN FAVOR OF CALIFORNIA WATER SERVICE COMPANY DESCRIBED AS PARCEL IV, IN THE DOCUMENT RECORDED NOVEMBER 5, 1982 AS 82096482, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. SAID ABANDONMENT SHALL BE EFFECTIVE UPON THE CITY'S ISSUANCE OF A CERTIFICATE OF COMPLETION OF IMPROVEMENTS CONSTRUCTED PER THE MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 23, 2011 AND RECORDED MARCH 24, 2011 IN RECORDING DOCUMENT NO. 2011-034325, OFFICIAL RECORDS OF SAN MATEO COUNTY, CALIFORNIA. Preli mi n ar y 02/0 4/ 2 0 2 1 PARCEL 6 CITY OF SOUTH SAN FRANCISCO 4.700 ± ACRES PARCEL 4 KR OYSTER POINT I, LLC 10.072 ± ACRES CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522PARCEL 1KR ROSE CANYON, LLC5.485 ± ACRESGULL DR IVE (W IDTH VAR IES ) VALACAL COMPANY PARCELS 3&4, 70 RSM 12 APN 015-231-430 KR OYSTER POINT III, LLC PARCEL 4, 52 PM 58 APN 015-010-240 KASHIWA FUDOSAN AMERICA, INC PARCEL 3, 52 PM 58 APN 015-010-290 CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522 PARCEL 5 CITY OF SOUTH SAN FRANCISCO 3.486 ± ACRES PARCEL 3 KR OYSTER POINT II, LLC 3.744 ± ACRES CITY OF SOUTH SAN FRANCISCO PARCEL F, 55 PM 61 KR OYSTER POINT III, LLC PARCEL A, LLA DOC 2017-084368 APN 015-010-910 VALACAL COMPANY PARCELS 33&34, 15 PM 35 APN 015-231-440 PARCEL 2 CITY OF SOUTH SAN FRANCISCO 6.980 ± ACRES PARCEL 2 CITY OF SOUTH SAN FRANCISCO 6.980 ± ACRES URBANX INC LESSEE SFX, LLC PARCEL A 56 PM 70 APN 015-200-190OYSTER POINT BLVDO Y S T E R P O I N T B L V D M A R IN A BLV D M A R I N A B L V D T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:43:39 PM thammond 0 0 1 60 120 SHEET 3 0F 8JOB #1025-010 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com SHEET 3 SHEET 4 SHEET 5 SHEET 6 SHEET 7 KEY MAP 1" = 120' PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS NOTE: PARCEL 2 PUBLIC RIGHT-OF-WAY DEDICATION Preli mi n ar y 02/0 4/ 2 0 2 1 PARCEL 1 KR ROSE CANYON, LLC 5.485 ± ACRES BCDC JURISDICTION KR OYSTER POINT III, LLC PARCEL 4, 52 PM 58 APN 015-010-240 KASHIWA FUDOSAN AMERICA, INC PARCEL 3, 52 PM 58 APN 015-010-290 56.50' S 10°00'00" E 12.25' N 80°00'00" E 34.12'S 9°26'47" E52.59'S 80°58'08" W 47.94'N 0°00'55" W 278.18'38.79'R=892.50'Δ=42°27'00"L=661.24' (M-M) S 1°24'26" E 25.78'R=949.00'Δ=36°40'32"L=607.46'(T) S 1°24'26" E 28.52'S 0°00'24" E 21.43'R=125.95'Δ=88°57'42"L=1 9 5 .5 6 'S 3°58'45" E 25.53'S 5°58'39" E 65.98'S 10°59'30" E 22.42'S 22°13 '39" E 77 .55 'S 37 ° 1 2 ' 17 " E 1 0 1 . 1 8 ' S 5 1 ° 5 2 ' 4 4 " E 9 1 . 4 8 ' N 5°01'03" W (R) N 89°59'05" E 531.33' (T) N 41°58'57" W (R) R =2 0 5 .0 0 'Δ =2 6 °3 7 '3 8 "L =9 5 .2 7 'N 46°03'05" E 208.12'N 34°49'05" E 89.36'S 54°47'39" E 8.46'N 41°38'09" E 122.56'56.52'R=836.00'Δ=68°56'01"L=1005.81' (T) 56.50' 17.72' PSSE (HD) R=395.67' Δ=25°59'05" L=179.44' PARCEL 3 KR OYSTER POINT II, LLC 3.744 ± ACRES S 37 ° 1 2 ' 17 " E 1 0 1 . 1 8 ' S 1°24'26" E 27.15' N 80°33'57" E 6.62' 64.70' PUE (HD) CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522 OYSTER POINT BLVD(113' WIDE)WLE DOC WLE DOC KR OYSTER POINT III, LLC PARCEL A, LLA DOC 2017-084368 APN 015-010-910 PARCEL 2 CITY OF SOUTH SAN FRANCISCO 6.980 ± ACRES N 15°21'18" W (R) 353.60' PG&E AND ATT EASEMENT DOC 85130034 S 76°00'05" W (R) 5.00' 10' WLE DOC 88155501 SEE TITLE NOTE 4H 10' WLE DOC 88155501 SEE TITLE NOTE 4H WLE DOC 5.00' 5.00' 5.00' S 1°24'26" E 28.65'R=954.00'Δ=10°19'34"L=171.94'S 78°16'00" W (R) 1.00' R=955.00' Δ=2°15'55" L=37.76' N 73°56'18" E (R) 6.00' R=960.00' Δ=2°03'47" L=34.57'R=954.00'Δ=11°31'56"L=192.02' N 60°51'02" E (R) 5.00' S 62°24'22" W (R) 5.00' R=959.00' Δ=1°33'20" L=26.04'R=954.00'Δ=8°55'59"L=148. 7 4' PUE (HD) PUE (HD)OYSTER POINT BLVD (PUBLIC, 64' WIDE)BASIS OF BEARINGS82.42' N 89°59'05" E 32.00'32.00'S 0°00'55" E 410.00'T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:44:38 PM thammond 0 20 40 0 1 SHEET 4 0F 8JOB #1025-010 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com- - - - - - - - - - - - - - -SEE SHEET 6- - - - - - - - - - - - - - - SEE SHEET 5 SEE DETAIL A THIS SHEET- - - - - - - - - - - - - - - - - - - - - - - DETAIL A NTS ABBREVIATIONS (#)MAP REFERENCE NUMBER ±MORE OR LESS (HD)HEREIN DEDICATED (M-M)MONUMENT TO MONUMENT (R)RADIAL (T)TOTAL ATT AMERICAN TELEPHONE AND TELEGRAPH APN ASSESSORS PARCEL NUMBER BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION BLVD BOULEVARD DOC DOCUMENT NUMBER MAPS RECORDED MAP PG&E PACIFIC GAS AND ELECTRIC PM RECORDED PARCEL MAP PSSE PUBLIC SANITARY SEWER EASEMENT PSWE PUBLIC SIDE WALK EASEMENT PUE PUBLIC UTILITY EASEMENT WLE WATER LINE EASEMENT LEGEND ADJOINING PROPERTY LINE BOUNDARY LINE BCDC LINE DETAIL OUT LINE DISTINCTIVE BOUNDARY LINE EASEMENT LINE EXISTING EASEMENT LINE MONUMENT LINE TIE LINE FOUND CITY STANDARD MONUMENT SET CITY STANDARD MONUMENT "TYPE D" MONUMENTS PER RECORD DATA PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS BASIS OF BEARINGS THE BEARING OF NORTH 00°00'55” WEST OF THE CENTERLINE OF OYSTER POINT BOULEVARD AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGES 58 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. MAP REFERENCES (1)PARCEL MAP 17-0002, FILED SEPTEMBER 25, 2017, IN BOOK 83 OF PARCEL MAPS AT PAGE 50 (2)PARCEL MAP FILED JANUARY 9, 1985 IN BOOK 55 OF PARCEL MAPS AT PAGE 61 (3)PARCEL MAP “OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGE 58 Preli mi n ar y 02/0 4/ 2 0 2 1 54.00'S 70°37'00" W (R) PARCEL 4 KR OYSTER POINT I, LLC 10.072 ± ACRES GULL DR IVE (W IDTH VAR IES ) VALACAL COMPANY PARCELS 3&4, 70 RSM 12 APN 015-231-430 BCDC JURISDICTION Δ=18°10'57" L=21.72' S 88°47'56" W (R) S 85°46'55" E 217.80' R =7 0 0 .0 0 'Δ =3 8 °5 3 '2 3 "L =4 7 5 .1 3 '(M -M )N 36 °00 '59 " W 111 .60 ' Δ=25°10'13" L=30.06' N 34°15'34" W 7.29' S 85°46'55" E 254.12 ( T ) 'R =7 5 4 .0 0 'Δ =3 3 °3 9 '2 0 "L =4 4 2 .9 0 '(T ) R=24.00' Δ=71°54'45" L=30.12' N 85°46'55" W 183.34' R=24.00' Δ=101°45'04" L=42.62'N 43°08'03" E62.07'N 34°15'34" W 9.00' N 53°02'05" E 31.13' S 89°55'25" W 737.35' (T)R=520.55'Δ=37°40'44"L=342.32'N 3 7 ° 3 5 ' 4 7 " W 9 5 . 4 0 ' N 1°39'45" E 27.24' R=68.43' Δ=43°21'10" L=51.78 (T)' N 66°01'50" W (R) R =6 4 6 .0 0 'Δ =3 0 °3 2 '5 9 "L =3 4 4 .4 4 '(T ) S 22°22'46" E (R) S 21°06'21" E (R) S 15°03'48" E (R) R =3 9 5 .6 7 'Δ =2 5 °5 9 '0 5 "L =1 7 9 .4 4'S 63°09'48" E 13.12' R=385.83' Δ=6°02'32" L=40.69' N 0°00'55" W 20.95' N 85°46'55" W 144.09'54.00'R=952.50' Δ=22°13'33" L=369.49' VALACAL COMPANY PARCELS 33&34, 15 PM 35 APN 015-231-440 PARCEL 2 CITY OF S O U T H S A N F R A N C I S C O 6.980 ± AC R E S N 80°06'10" E 10.55' OYSTER POINT BLVD (WIDTH VARIES) OYST E R P OI N T B L V D (108' WI D E) WLE DOC R=5.00' Δ=45°16'30" L=3.95' R=32.00' Δ=27°29'17" L=15.35' R=40.00' Δ=42°22'54" L=29.59' CITY OF SOUTH SAN FRANCISCO PARCEL B, 72 PM 6 APN 015-190-180 PSWE (HD) R=892.50' Δ=26°27'24" L=412.12' (M-M) R=892.50' Δ=42°27'00" L=661.24' (M-M) PG&E AND ATT EASEMENT DOC 85130034 1.00'8. 7 4 ' N 51°55'02" E (R) 5.00' PUE (HD) PUE (HD) PUE (HD) R=20.50' Δ=131°48'52" L=47.16'S 85°46'55" E (R) 203.69' R=759.00'Δ =13°5 2 '5 2 "L =18 3 .8 8 ' S 9°39'47" E (R) 5.50' R=764.50' Δ=2°33'25" L=34.12'N 12°13'12" W (R) 5.50' R=759.00' Δ=1°21'35" L=18.01' S 13°34'47" E (R) 3.00' R=762.00' Δ=0°57'55" L=12.84' N 14°32'42" W (R) 3.00' R =7 5 9 .0 0 'Δ =1 5 °2 0 '1 2 "L =2 0 3 .1 6 'R=16.50' Δ=72°23'17" L=20.85'5.00'3 0 . 1 0 ' 34.87' PUE (HD) N 46°08'35" E (R) N 69°04'24" E (R) 6 5 . 3 1 ' S 37°35'47" E 62.13' S 36°00'59" E 73.88' N 53°59'01" E 6.00' S 36°00'59" E 37.85'R=536.55'Δ=22°46'06"L=213.21' S 76°45'07" W 6.00' R=530.55' Δ=14°54'38" L=138.07' S 1°39'45" W 26.93' S 89°55'25" W 10.00' PUE (HD) S 15°03'48" E (R) S 21°06'21" E (R) S 6 3 ° 0 9 ' 4 8 " E 13. 1 2 ' N 85°46'55" W 144.09' OYSTER POINT BLVD (WIDTH VARIES) PARCEL 3 Δ =4 °1 4 '2 4 "L =2 8 .5 5 'Δ=1°48'09" L=12.14' 0.59' 31.65' 19.15'93.29'N 0°00'55" W 20.36'N 5 4 ° 1 8 ' 0 6 " W 3 8 . 8 8 ' N 5 4 ° 1 8 ' 0 6 " W 4 8 . 0 2 ' R =3 8 5 .8 3 'Δ =6 °0 2 '3 2 "L =4 0 .6 9 'N 83°44'22" W 6 3 9 . 1 9 ' N 58°44'23" W 123.26'N 33°07'53" E208.61'S 85°46'55" E 217.80' PARCEL 4PARCEL 3PARCEL B 71 PM 13 OYSTER POINT BLVD T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:45:20 PM thammond SHEET 5 0F 8JOB #1025-010 0 25 50 0 1 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com- - - - - - - - - - - - - - -SEE SHEET 7SEE SHEET 4- - - - - - - - - - - - - - - ABBREVIATIONS (#)MAP REFERENCE NUMBER ±MORE OR LESS (HD)HEREIN DEDICATED (M-M)MONUMENT TO MONUMENT (R)RADIAL (T)TOTAL ATT AMERICAN TELEPHONE AND TELEGRAPH APN ASSESSORS PARCEL NUMBER BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION BLVD BOULEVARD DOC DOCUMENT NUMBER MAPS RECORDED MAP PG&E PACIFIC GAS AND ELECTRIC PM RECORDED PARCEL MAP PSSE PUBLIC SANITARY SEWER EASEMENT PSWE PUBLIC SIDE WALK EASEMENT PUE PUBLIC UTILITY EASEMENT WLE WATER LINE EASEMENT LEGEND ADJOINING PROPERTY LINE BOUNDARY LINE BCDC LINE DETAIL OUT LINE DISTINCTIVE BOUNDARY LINE EASEMENT LINE EXISTING EASEMENT LINE MONUMENT LINE TIE LINE FOUND CITY STANDARD MONUMENT SET CITY STANDARD MONUMENT "TYPE D" MONUMENTS PER RECORD DATA PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS BASIS OF BEARINGS THE BEARING OF NORTH 00°00'55” WEST OF THE CENTERLINE OF OYSTER POINT BOULEVARD AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGES 58 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. MAP REFERENCES (1)PARCEL MAP 17-0002, FILED SEPTEMBER 25, 2017, IN BOOK 83 OF PARCEL MAPS AT PAGE 50 (2)PARCEL MAP FILED JANUARY 9, 1985 IN BOOK 55 OF PARCEL MAPS AT PAGE 61 (3)PARCEL MAP “OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGE 58 SEE DETAIL A THIS SHEET DETAIL A SCALE 1"=10' DETAIL SHOWING TIE TO RECORD MONUMENTS PER PARCEL MAP 99-005 N.T.S. Preli mi n ar y 02/0 4/ 2 0 2 1 R =952.50'Δ=22°13'33"L=369.49' BCDC JURISDICTION 64.44'R = 8 9 2.5 0' Δ =26°27'24" L=412.12'( M-M) S 82°14'41" E 3 2 6 . 8 8 ' ( M - M )18.11'N 20°14'58" E (R) 82.55'(T)S 70 ° 3 5 ' 5 9 " E 45.5 3 'S 3 7 ° 12 ' 1 7 " E 1 0 1 . 1 8 ' S 5 1 ° 5 2 ' 4 4 " E 9 1 . 4 8 ' S 60°39'10" E 22.25' S 68°22'00" E 28.21' S 6 3 ° 5 6 ' 2 2 " E 55. 2 7 ' S 5 9 ° 1 3 ' 5 6 " E 60 . 9 7 ' S 88°49'50" E 155.68'S 7°36'22" W 283.63' (R)Δ=9°06'39"L=136.12' R=1186.50'Δ=7°39'35"L=158.62' S 19°40'09" W (R) N 19°39'33" E (R) R=856.00'Δ=21°10'26"L=316.34'56.50'60.00'N 20°05'10" E 36.50' S 20°05'10" W 20.00' Δ=12°03'47"L=180.22' PUE (HD) R =110 6.3 7 'Δ =1046.75'R = 8 3 6.0 0' Δ =68°56'01" L=1005.81'(T) R=931.50'Δ=12°00'36"L=195.25 (T)' PARCEL 4 KR OYSTER POINT I, LLC 10.072 ± ACRES CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC NO. 2017-0835222 PARCEL 1 KR ROSE CANYON, LLC 5.485 ± ACRES PARCE L 2 CITY O F S O U T H S A N F R A N C I S C O 6.980 ± A C R E S R=531.13' Δ=19°29'40" L=180.71' MARINA BLVD (75.5 WIDE) PARCEL 5 CITY OF SOUTH SAN FRANCISCO 3.486 ± ACRES WLE DOC WLE DOC 28.75'M A R I N A B L V D (1 1 6 . 5 W I D E ) CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC NO. 2017-0835222 10' WLE DOC 88155501 SEE TITLE NOTE 4H 10' AND 25' WLE DOC 88155501 SEE TITLE NOTE 4H 10' WLE DOC 88155501 SEE TITLE NOTE 4H 1.00'5.00'5.00'PUE (HD) PUE (HD) R =953.50' Δ =22°15'26" L=370.40' N 23°52'14" E (R) 35.00' R=801.00' Δ=1°07'06" L=15.63' S 22°45'09" W (R) 35.00' Δ=1°07'06" L=16.32' R =1111.3 7 'Δ =1 R=936.50' Δ=1°47'36" L=29.31' S 0°17'18" W (R) 1.50'R=938.00' Δ=0°29'56" L=8.17' N 0°47'14" E (R) 1.50' R=936.50'Δ=9°43'04"L=158.84' R=1191.50'Δ=7°40'06"L=159.47' S 18°09'53" W (R) S 32°03'50" W 42.84' 42' WLE DOC 4632 OR 211 SEE TITLE NOTE 4G 42' WLE DOC 4632 OR 211 SEE TITLE NOTE 4G T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:45:51 PM thammond SHEET 6 0F 8JOB #1025-010 0 20 40 0 1 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com- - - - - - - - - - - - - - -SEE SHEET 8- - - - - - - - - - - - - - - SEE SHEET 7SEE SHEET 4- - - - - - - - - - - - - - -ABBREVIATIONS (#)MAP REFERENCE NUMBER ±MORE OR LESS (HD)HEREIN DEDICATED (M-M)MONUMENT TO MONUMENT (R)RADIAL (T)TOTAL ATT AMERICAN TELEPHONE AND TELEGRAPH APN ASSESSORS PARCEL NUMBER BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION BLVD BOULEVARD DOC DOCUMENT NUMBER MAPS RECORDED MAP PG&E PACIFIC GAS AND ELECTRIC PM RECORDED PARCEL MAP PSSE PUBLIC SANITARY SEWER EASEMENT PSWE PUBLIC SIDE WALK EASEMENT PUE PUBLIC UTILITY EASEMENT WLE WATER LINE EASEMENT LEGEND ADJOINING PROPERTY LINE BOUNDARY LINE BCDC LINE DETAIL OUT LINE DISTINCTIVE BOUNDARY LINE EASEMENT LINE EXISTING EASEMENT LINE MONUMENT LINE TIE LINE FOUND CITY STANDARD MONUMENT SET CITY STANDARD MONUMENT "TYPE D" MONUMENTS PER RECORD DATA PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS BASIS OF BEARINGS THE BEARING OF NORTH 00°00'55” WEST OF THE CENTERLINE OF OYSTER POINT BOULEVARD AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGES 58 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. MAP REFERENCES (1)PARCEL MAP 17-0002, FILED SEPTEMBER 25, 2017, IN BOOK 83 OF PARCEL MAPS AT PAGE 50 (2)PARCEL MAP FILED JANUARY 9, 1985 IN BOOK 55 OF PARCEL MAPS AT PAGE 61 (3)PARCEL MAP “OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGE 58 Preli mi n ar y 02/0 4/ 2 0 2 1 49' 38.21'N 81°14'05 " W 9 7 . 5 8 '64.44'S 82°14'41" E 3 2 6 . 8 8 ' ( M - M ) R =10 5 9 .6 2 'Δ =2 5 °1 4 '1 4 "L =4 6 6 .7 3 '(M -M ) R =1 0 8 8 18.11'N 20°14'58" E (R) 82.55'(T)R=531.13'Δ=19°29'40"L=180.71'N 0°45'17" E42.40'18.44'R =1 0 3 0 .8 7 'Δ =2 5 °1 4 '1 4 "L =4 5 4 .0 7 '(T ) S 84°55'16" W 51.08' S 89°59'14" W 60.00' S 89°32'27" W 60.00' N 79°37' 0 3 " W 60.00' N 89°33'20" W 60.00' S 83°41'38" W 64.38' N 86°01'50" W 119.99'S 87°31'14" W 27.90'S 0°45'17" W137.22'N 89°14'02" E 47.67 (T)' Δ=9°06'39"L=136.12' R=1186.50'Δ=7°39'35"L=158.62' S 19°40'09" W (R) S 11°54'06" E (R) S 11°41'32" E (R)N 0°45'17" E 288.93'(T)R=856.00'Δ=21°10'26"L=316.34' N 20°05'10" E 36.50' CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC NO. 2017-0835222 Δ=12°03'47"L=180.22' R =110 6.3 7 'Δ =10 °11'15 "L =19 6 .7 2 '46.75'PARCEL 5 CITY OF SOUTH SAN FRANCISCO 3.486 ± ACRES R=931.50'Δ=12°00'36"L=195.25 (T)' PARCE L 2 CITY O F S O U T H S A N F R A N C I S C O 6.980 ± A C R E S MARINA BLVD (75.5 WIDE) WLE DOC VALACAL COMPANY PARCELS 33&34, 15 PM 35 APN 015-231-440 PARCEL 6 CITY OF SOUTH SAN FRANCISCO 4.700 ± ACRES28.75'S 84°55'16" W 51.08' S 89°58'56" W 61.70'1.00'5.00'5.00'PUE (HD)R =1111.3 7 'Δ =10 °0 7 '5 0 "L =19 6 .5 1' R=936.50' Δ=1°47'36" L=29.31' S 0°17'18" W (R) 1.50'R=938.00' Δ=0°29'56" L=8.17' N 0°47'14" E (R) 1.50' R=936.50'Δ=9°43'04"L=158.84' R=1191.50'Δ=7°40'06"L=159.47' S 18°09'53" W (R) S 32°03'50" W 42.84' T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:46:20 PM thammond SHEET 7 0F 8JOB #1025-010 0 20 40 0 1 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com- - - - - - - - - - - - - - -SEE SHEET 8SEE SHEET 6- - - - - - - - - - - - - - -SEE SHEET 5- - - - - - - - - - - - - - -ABBREVIATIONS (#)MAP REFERENCE NUMBER ±MORE OR LESS (HD)HEREIN DEDICATED (M-M)MONUMENT TO MONUMENT (R)RADIAL (T)TOTAL ATT AMERICAN TELEPHONE AND TELEGRAPH APN ASSESSORS PARCEL NUMBER BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION BLVD BOULEVARD DOC DOCUMENT NUMBER MAPS RECORDED MAP PG&E PACIFIC GAS AND ELECTRIC PM RECORDED PARCEL MAP PSSE PUBLIC SANITARY SEWER EASEMENT PSWE PUBLIC SIDE WALK EASEMENT PUE PUBLIC UTILITY EASEMENT WLE WATER LINE EASEMENT LEGEND ADJOINING PROPERTY LINE BOUNDARY LINE BCDC LINE DETAIL OUT LINE DISTINCTIVE BOUNDARY LINE EASEMENT LINE EXISTING EASEMENT LINE MONUMENT LINE TIE LINE FOUND CITY STANDARD MONUMENT SET CITY STANDARD MONUMENT "TYPE D" MONUMENTS PER RECORD DATA PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS BASIS OF BEARINGS THE BEARING OF NORTH 00°00'55” WEST OF THE CENTERLINE OF OYSTER POINT BOULEVARD AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGES 58 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. MAP REFERENCES (1)PARCEL MAP 17-0002, FILED SEPTEMBER 25, 2017, IN BOOK 83 OF PARCEL MAPS AT PAGE 50 (2)PARCEL MAP FILED JANUARY 9, 1985 IN BOOK 55 OF PARCEL MAPS AT PAGE 61 (3)PARCEL MAP “OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGE 58 PARCEL 4 Preli mi n ar y 02/0 4/ 2 0 2 1 PARCEL 6 CITY OF SOUTH SAN FRANCISCO 4.700 ± ACRES CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522 CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522 URBANX INC LESSEE SFX, LLC PARCEL A 56 PM 70 APN 015-200-190 BCDC JURISDICTION BCDC JURISDICTION BCDC JURISDICTION CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC NO. 2017-0835222 CITY OF SOUTH SAN FRANCISCO PARCEL E-3, 55 PM 61 CITY OF SOUTH SAN FRANCISCO REMAINDER PARCEL 1 DOC 2017-083522 38.21'N 81°14'05 " W 9 7 . 5 8 ' R =10 5 9 .6 2 'Δ =2 5 °1 4 '1 4 "L =4 6 6 .7 3 '(M -M ) R =5 2 5 .2 5 'Δ =3 4 °4 3 '5 8 "L =318.41' S 11°36'03" W (R) R =1 0 8 8 .3 7 'Δ =1 4 °5 0 '2 6 "L =2 8 1 .9 0 'N 6 8 ° 0 4 ' 3 7 " W 7 1 . 9 2 '18.44'N 80°18'15" W 27.56' R=1257.00' Δ=4°21'22"L=95.57'S 7°47'08" E 79.09'N 7°47'08" W 132.54'N 74°02'35" W 18.50' N 2°02'50" W 21.03' N 74°02'35" W 19.96' R=70.00' Δ=18°26'05" L=22.52'R=3 3.00'Δ=8 0 ° 2 4'21"L=46.31' R=255.00' Δ=20°06'52"L=89.52' S 6 8 ° 0 4 ' 3 7 " E 59. 8 0 'S 0°04'35" E32.36'R=225.00'Δ=24°07'45"L=94.76'R=63.00'Δ=84° 2 5 '1 4" L=92.83' R=20.00' Δ=72°31'07" L=25.31' R =1 0 3 0 .8 7 'Δ =2 5 °1 4 '1 4 "L =4 5 4 .0 7 '(T ) S 87°28'58" W 79.42'S 0°45'17" W 384.11'S 83°24'03" W 80.14' S 77°44'1 8 " W 69.68' S 66°04'54" W 80.39' N 79°14'25" W 24.50' S 85°36'39" W 37.90'S 68°54'02" W 54.13' N 6 5 ° 4 0 ' 3 2 " W 41. 3 4 ' N 89°14'02" E 47.67 (T)'S 0°04'35" E 86.65'S 82°00'33" E 8.50' R =4 9 6 .5 0 'Δ 3 4 °4 3 '5 9 "L =30 0.98' S 11°54'06" E (R) S 11°41'32" E (R)N 0°45'17" E 288.93'(T).7 2 '23.00' PARCEL 2 CITY OF SOUTH SAN FRANCISCO 6.980 ± ACRES PARCEL 2 CITY OF SOUTH SAN FRANCISCO 6.980 ± ACRES CITY OF SOUTH SAN FRANCISCO PARCEL F, 55 PM 61 MARIN A B L V D (57.5 W I D E ) WLE DOC WLE DOC VALACAL COMPANY PARCELS 33&34, 15 PM 35 APN 015-231-440PARCEL 5CITY OF SOUTH SAN FRANCISCO3.486 ± ACRESURBANX INC LESSEE SFX, LLC PARCEL A 56 PM 70 APN 015-200-190 N 7°59'27" E (R) 28.75 28.75 '28.75 ' MARINA B L V D (WIDTH V A R I E S ) 10' AND 30' WLE DOC 88155501 SEE TITLE NOTE 4H 20' WLE DOC 82096482 (PARCEL I) SEE TITLE NOTE 4I 20' WLE DOC 82096482 (PARCEL VI) SEE TITLE NOTE 4J 20' WLE DOC 82096482 (PARCEL III)20' WLE DOC 82096482 (PARCEL I) 20' WLE DOC 82096482 (PARCEL I) 20' WLE DOC 82096482 (PARCEL III) Δ =3 4 °4 3 '5 8 "L =3 3 5.8 4 '(T) S 80°18'1 5 " E 2 7 9 . 9 8 ' R =2 5 .0 0 'Δ=6 7 °0 4 '42"L=2 9 .2 7'R=25.00'Δ=65°05'56"L=28.40'R =5 5 4 .0 0 '23.00 ' PUE (HD) PUE (HD) S 13°35'16" E (R) 23.00' R =4 7 3 .5 0 'Δ =1 3 °0 9 '1 4 "L =1 0 8 .7 0 ' R =1 1 1 1 .3 7 'Δ =1 5 °0 6 '2 4 "L =2 9 3 .0 2 '.5 1' N 9°41'45" E (R) 17.01' N 80°18'15" W (R) 23.42'S 7°11'12" W (R) 12.56' R =5 5 9 .0 0 'Δ =21°18 '4 5"L =207.93' S 14°07'31" E (R) 5.00' Δ =1 2 °3 6 '5 9 "L =1 2 1 .9 9 'Δ =2 1°3 4 '4 4 "L =18 6.9 9 ' 6.39' Δ =1 3 °0 9 '1 4 "L =1 1 3 .9 9 'S 7°59'27" W (R) 28.75 S 82°00'33" E 7.00' 42' WLE DOC 4632 OR 211 SEE TITLE NOTE 4G T:\1025-Kilroy\1025-010 Kilroy OP Phase -IC Easements\2020 Parcel Map\2021-02-04 Draft Parcel Map - Oyster Pt.dwg 2-04-21 04:48:22 PM thammond SHEET 8 0F 8JOB #1025-010 0 25 50 0 1 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.comSEE SHEET 7- - - - - - - - - - - - - - -ABBREVIATIONS (#)MAP REFERENCE NUMBER ±MORE OR LESS (HD)HEREIN DEDICATED (M-M)MONUMENT TO MONUMENT (R)RADIAL (T)TOTAL ATT AMERICAN TELEPHONE AND TELEGRAPH APN ASSESSORS PARCEL NUMBER BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION BLVD BOULEVARD DOC DOCUMENT NUMBER MAPS RECORDED MAP PG&E PACIFIC GAS AND ELECTRIC PM RECORDED PARCEL MAP PSSE PUBLIC SANITARY SEWER EASEMENT PSWE PUBLIC SIDE WALK EASEMENT PUE PUBLIC UTILITY EASEMENT WLE WATER LINE EASEMENT LEGEND ADJOINING PROPERTY LINE BOUNDARY LINE BCDC LINE DETAIL OUT LINE DISTINCTIVE BOUNDARY LINE EASEMENT LINE EXISTING EASEMENT LINE MONUMENT LINE TIE LINE FOUND CITY STANDARD MONUMENT SET CITY STANDARD MONUMENT "TYPE D" MONUMENTS PER RECORD DATA PARCEL MAP NO. 20-0996 A SUBDIVISION OF PARCEL MAP 17-0002 FILED SEPTEMBER 25, 2017 IN BOOK 83 OF PARCEL MAPS AT PAGE 50, AND A PORTION OF THAT CERTAIN DOCUMENT ENTITLED “CERTIFICATE OF COMPLIANCE” (DOCUMENT 2017-083522) FILED SEPTEMBER 25, 2017, BOTH OF OFFICIAL RECORDS OF SAN MATEO COUNTY CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA FEBRUARY 2021 CONSISTING OF SEVEN SHEETS BASIS OF BEARINGS THE BEARING OF NORTH 00°00'55” WEST OF THE CENTERLINE OF OYSTER POINT BOULEVARD AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGES 58 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. MAP REFERENCES (1)PARCEL MAP 17-0002, FILED SEPTEMBER 25, 2017, IN BOOK 83 OF PARCEL MAPS AT PAGE 50 (2)PARCEL MAP FILED JANUARY 9, 1985 IN BOOK 55 OF PARCEL MAPS AT PAGE 61 (3)PARCEL MAP “OYSTER POINT BUSINESS PARK” FILED APRIL 12, 1982 IN BOOK 72 OF PARCEL MAPS AT PAGE 58Preli mi n ar y 02/0 4/ 2 0 2 1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-152 Agenda Date:3/10/2021 Version:1 Item #:6. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.(Greg Mediati,Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. On October 16,2020 at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic letters.This was the third day of a regional Red Flag Warning with elevated temperatures,reduced humidity, and a steady easterly wind.The wind pushed the fire quickly to the west across the southern face of the hill through the grasses before spreading into the nearby tree groves.The incident commander realized the fire would grow quickly and structures would be threatened.Additional resources were immediately called to the scene to assist. In total,five alarms of fire apparatus from South San Francisco and nearby agencies responded to the emergency.Additionally,an agreement with California Forestry and Fire Department (CalFire)was utilized and provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the incident.The fire burned for nearly three hours before being fully 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 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. Work is presently in the first phase. 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 has executed a contract with Acacia Environmental Construction City of South San Francisco Printed on 3/5/2021Page 1 of 3 powered by Legistar™ File #:21-152 Agenda Date:3/10/2021 Version:1 Item #:6. not to exceed $900,000.Additionally,the City has executed a contract with Acacia Environmental Construction to perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped areas for a contract total not to exceed $110,559. For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of Public Contract Code Section 22050. Tree Removals Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as Seubert Grove.At the time of drafting this report,this portion of the work is largely complete.The next phase of work will focus on clearing the Iris Trail of any hazardous trees.In each of these areas,the trees being removed are largely being chipped on site to help with slope stabilization or are safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so as not to serve as potential fuel for the next fire season. This work is in accordance with CalFire forestry guidance. The Seubert,Eucalyptus,and Ridge Trails have been reopened following the removal of hazardous trees within falling proximity.At this time,the Iris Trail and Letters Trail remain closed as many hazards still exist along these trail alignments.When these areas are made safe,the Parks Division will re-open these two trails and tree work will shift focus to trees adjacent to residences on the hill in a preventative effort for the dry season in 2021. The status of these trails will be regularly updated on the City’s Sign Hill webpage. Tree work is expected to continue through March 2021,until bird nesting season,and will resume in late summer after bird nesting season ends,consistent with the Migratory Bird Act which provides protections to bird habitat.Parks Division staff is exploring options to continue work during this time by potentially hiring surveying biologists to monitor the work through the nesting season.This will ensure that tree removals are not impacting any nesting birds and staying in compliance with the Migratory Bird Act. 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 will be left in place to help with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts. Acacia Environmental Construction has completed the erosion control work in early February 2021.The hydro- seeding is sprouting and beginning to take root as intended,providing crucial stabilization of hillsides and future 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,and leave substantial fuel load within proximity to City of South San Francisco Printed on 3/5/2021Page 2 of 3 powered by Legistar™ File #:21-152 Agenda Date:3/10/2021 Version:1 Item #:6. hazardous trees in immediate proximity to paths of travel,and leave substantial fuel load within proximity to private property. 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. 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 3/5/2021Page 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 #:21-153 Agenda Date:3/10/2021 Version:1 Item #:6a. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of California Public Contract Code Section 22050; and WHEREAS,on October 16,2020,a multi-alarm grass fire broke out on the western section of the iconic letters at Sign Hill in South San Francisco,where multiple recreational trails are located and frequently used by the public; and WHEREAS,the wind pushed the fire quickly to the west across the southern face of the hill through the grasses and spread into the nearby tree groves, killing hundreds of trees which now pose a public safety hazard; and WHEREAS, the fire burned over 16 acres of land and damaged a significant number of trees and trails; and WHEREAS,although the fire has been contained,the damaged trees have since become a falling hazard and trails remain severely damaged or destroyed,creating an extremely dangerous condition for the public and rendering the Sign Hill trails unsafe for trail users, and also required them to be closed to the public; and WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs including removal of more than 1,500 trees directly impacted by the wildfire; and WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and contractors to assess the scope of the damage,recommend corrective action,and undertake or contract for a substantial amount of tree removal and trail repair/remediation work in order to restore the trails and other features of Sign Hill to a safe condition as quickly as possible, and to subsequently re-open them to the public; and WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a contract with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or hazardous trees for a contract total not to exceed $900,000; and WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia Environmental Construction,for the emergency mitigation of potential erosion hazards within fire damaged areas on Sign Hill; and City of South San Francisco Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:21-153 Agenda Date:3/10/2021 Version:1 Item #:6a. 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 3/12/2021Page 2 of 3 powered by Legistar™ File #:21-153 Agenda Date:3/10/2021 Version:1 Item #:6a. 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 3/12/2021Page 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 #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. Staff Report Regarding a Public Hearing to Consider the Adoption of a Resolution of Necessity to Acquire a Vacant Property In and Along Antoinette Lane (No Address,No Assessor’s Parcel Number), Related to the Community Civic Campus Project,Phase II (Jacob Gilchrist,Director of Capital Projects, and Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the Council Members take the following actions: 1.Receive public testimony from the Property Owner(s) and others; 2.Conduct a hearing on the proposed Resolution of Necessity to determine:whether the public interest and necessity require the proposed Community Civic Campus Project,Phase II (“Project”); whether said Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;whether the proposed property acquisition is necessary for said Project;whether an offer to the owner of record pursuant to Government Code section 7267.2 was made to the record owner or has not be made because the owner could not be located with reasonable diligence;and,whether to authorize the acquisition of a fee simple interest in the entire property located in and along Antoinette Lane,South San Francisco,California (No Address,No Assessor’s Parcel Number); 3.Consider adopting the Resolution of Necessity authorizing and directing the City’s attorneys to prepare,commence,and file proceedings in eminent domain for the purpose of acquiring the fee simple interest in the entire property located in and along Antoinette Lane,South San Francisco,for the Civic Campus Project,Phase II,and authorizing staff and counsel to deposit with the State Treasury the amount of probable just compensation established by an approved appraisal for the eminent domain proceeding. BACKGROUND As part of a three-phase plan to create a complex of new public facilities for use by City residents,Phase II of the Community Civic Campus Project (“Project”)is a project to construct a new,multi-use building that will provide a library branch,recreation center,city council chambers,and community theater,as well as a new, ADA-accessible park with open space and a playground. DISCUSSION This staff report is submitted for review by the City Council prior to the recommended adoption of the proposed Resolution of Necessity to authorize the acquisition by eminent domain of a fee simple interest in a small,vacant property located in and along Antoinette Lane,with no Assessor’s Parcel Number,as more particularly described and depicted in the legal description and plat map attached to the proposed Resolution of Necessity,and incorporated herein by reference (“Subject Property”),for the Project.The Subject Property City of South San Francisco Printed on 3/5/2021Page 1 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. Necessity,and incorporated herein by reference (“Subject Property”),for the Project.The Subject Property would be used for the construction of the outdoor and landscaping improvements in the Project,including the realignment of Antoinette Lane,construction of a multimodal path,ADA-compliant parking stalls,and park space. The owner of the Subject Property is Baden Brick Company, which was dissolved in 1914. Prior to the commencement of an eminent domain proceeding,a resolution of necessity must be adopted pursuant to Code of Civil Procedure Section 1245.220.The statutory requirement that a public entity adopt a resolution of necessity before initiating a condemnation action “is designed to ensure that public entities will verify and confirm the validity of their intended use of the power of eminent domain prior to the application of that power in any one particular instance”(San Bernardino County Flood Control Dist.v.Grabowski (1988) 205 Cal.App.3d 885, 897). A resolution of necessity must contain:(1)a general statement of the public use for which the property is to be taken,(2)a reference to the statute authorizing the exercise of eminent domain,(3)a description of the property,and (4)a declaration stating that each of the following have been found and determined by the Council (Code of Civil Procedure section 1245.230): a.The public interest and necessity require the proposed Project; b.The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c.The property described in the resolution is necessary for the proposed Project; and, d.That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record,or the offer has not been made because the owner cannot be located with reasonable diligence. In addition,insofar as the property interest to be acquired has heretofore been dedicated to public use,the Council will need to find that the acquisition of such property by the City for the Project is for a more necessary public use to which the property has already been appropriated or is a compatible public use pursuant to Code of Civil Procedure Sections 1240.510 and 1240.610. This Staff Report provides information addressing each of these proposed findings. To be adopted,a resolution of necessity must be approved by a supermajority of “at least two-thirds”of the City Council,per Code of Civil Procedure section 1245.245(a).Given there are five Council members,this means the resolution requires approval by a minimum of four Council members to pass. 1.Statement of Public Use The acquisition of the Subject Property is for a public use,namely,as part of the construction of the Project’s outdoor facilities and improvements.As explained further below,the Subject Property would be used exclusively by the public as a roadway,a multimodal path with a widened sidewalk and dedicated bicycle lane, multiple ADA-compliant parking stalls, and park and playground space. 2.Statutory Authorization for Exercising the Power of Eminent Domain City of South San Francisco Printed on 3/5/2021Page 2 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. The City is authorized to acquire the Subject Property and to exercise the power of eminent domain for the construction of civic,park and recreational facilities,and public streets,pursuant to Article I,section 19 of the California Constitution;Government Code sections 37350.5,37501,38002,38010,37353 and 40404;Public Resources Code section 5301;and Code of Civil Procedure sections 1230.010 et.seq.(the California Eminent Domain Law),including but not limited to sections 1240.010,1240.020,1240.030,1240.110 and 1240.120, and other provisions of the law. As set forth above,the City’s specific statutory authorization for exercising eminent domain related to the Project include: ·Government Code section 37350.5,which allows the City to acquire by eminent domain any property necessary to carry out any of its powers or functions; ·Government Code section 37501,which allows the City to “acquire,by condemnation or otherwise,the necessary land and construct and maintain a public assembly or convention hall upon it”; and ·Government Code sections 38002 and 38010 and Public Resources Code section 5301,which allow the City to acquire by condemnation land situated in the City needed for a public park,urban open-space lands, playground, or library; and ·Government Code sections 37353 and 40404 and Public Resources Code section 5301,which allow the City to acquire by condemnation land necessary for parking motor vehicles,“public boulevards,”or “[e] stablishing,laying out,extending,and widening streets and other public highways and places within the city.” 3.Project Description The larger Community Civic Campus Project is a three-phase project that will construct a number of new public facilities for use by City departments and members of the public accessing City services and taking part in a range of social,cultural,and recreational activities.Phase I will be the new state-of-the-art Police station and headquarters (located at the corner of Chestnut Avenue and Antoinette Lane).Phase II will be the combined Library,Parks &Recreation and Community Theater /Council Chamber center and park (located along El Camino Real between Chestnut Avenue and Arroyo Drive)that broke ground in February.The new facility will house a library branch,as well as a vast amount of space dedicated to exhibiting artwork, performances,and classrooms for use by the public.In addition,Phase II will include a new City Council Chambers that will also serve as a community theater,and a public park with playground and exercise areas. Phase III will consist of construction of a new fire station and future development on the current City-owned Municipal Services Building site. Project Planning and Implementation Planning and implementation of the larger Community Civic Campus Project has been ongoing since November 2015,when voters approved Measure W,which imposed a half-cent sales tax (transaction and use tax)over 30 years to fund City services.Beginning with a series of City Council meetings and a Mayor’s Town Hall in 2016,the City has since conducted significant public outreach-including focus groups,committee presentations,community meetings,and City Council study sessions-to present and solicit input that helped inform design efforts.For the Project (the Library,Parks &Recreation and Community Theater/Council Chamber and park phase),staff attended or conducted 36 meetings with community organizations and approval bodies,and reviewed more than 400 responses to its parks survey.Council adopted a master site plan for the full Community Civic Campus Project on August 22,2018,design parameters for the Project on February 26, City of South San Francisco Printed on 3/5/2021Page 3 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. 2020, and a final design of the Project on August 12, 2020. Construction of Phase I (Police)broke ground in 2020 and is expected to be completed in Fall 2021.Phase II (the Project) broke ground in February and is expected to be completed in 2023. Project Funding The Project cost is estimated to be $101 million, which will be paid primarily through a combination of Measure W revenues ($19.4 million) and Measure W bond proceeds ($74 million), along with other funding sources, including grants and donations. 4.CEQA Compliance The City published a Subsequent Environmental Impact Report (“SEIR”)analyzing the environmental impacts of the full Community Civic Campus Project-including Phase II-pursuant to the California Environmental Quality Act (“CEQA”)in October 2017.The SEIR updated a previous EIR certified and adopted in 2011 for the El Camino Real/Chestnut Avenue Area Plan,which guides development in an approximately 98-acre planning area along El Camino Real from Southwood Drive to north of Sequoia Avenue.The Community Civic Campus Project covers only a small portion of this original plan area,but because impacts of the proposed land uses for the three-phase project were not considered in the original EIR,the City undertook the SEIR when considering the project.This SEIR process included issuing a Notice of Preparation,reviewing comments in response to the Notice of Preparation,preparing a Draft SEIR,responding to comments on the Draft SEIR,and issuing a Final SEIR.The City Council certified and adopted the Final SEIR for the Project on December 13, 2017. The documents described above are available for the Council’s review and consideration, and are incorporated by reference herein. These documents are available through the City website, <https://weblink.ssf.net/weblink/Browse.aspx> (in the “Planning” folder and “Environmental Reports” and “ECR Chestnut SEIR” subfolders) and other information concerning the Project is available at the website www.communityciviccampus.net <http://www.communityciviccampus.net>. 5. The Public Interest and Necessity Require the Proposed Project The Project serves two core objectives,as expressed by voters through adoption of Measure W.The first core objective of the Project is to provide a range of cultural and recreational programming for City residents.Voters expressed specific goals of providing youth/teen educational and recreational programming,as well as programing for seniors and disabled residents.These goals are directly addressed by the Project,which will provide: ·A full-service library branch with circulating book,DVD,and digital media collections and computer lab ·Performance space through a 100-seat theater ·Exhibit and gallery space ·A range of social spaces,including library reading rooms and seating areas for children,teens,and adults; and library collaboration spaces ·Flexible program spaces, including a social hall that may be rented and a library program room ·Dedicated library zones for teens and early literacy, a maker space, and a science discovery lab ·Dedicated classrooms for enrichment activities,including two art classrooms,three music rooms,and City of South San Francisco Printed on 3/5/2021Page 4 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. ·Dedicated classrooms for enrichment activities,including two art classrooms,three music rooms,and two dance studios A second core objective of Measure W was to maintain and provide public safety and other essential services to City residents.Along with other phases of the Community Civic Campus,the Project will support this goal by providing expanded and updated office space to the City’s library,and parks and recreation departments.At the same time,the new Council chambers is expected to encourage access by more members of the public to City policymaking. The Project stems from the City’s critical need to meet increasing demand for library services and recreational programming,fueled by population growth over the past decade.According to the library’s 2016 strategic plan, visits to the library branches more than doubled between 2009 and 2015 to more than a half million annual visits,while attendance at library programing rose almost 40 percent during that time.An August 2020 study estimated that,based upon the City’s projected population increase and current per capita usage of facilities and collections materials,the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard over the next twenty years. This surge in demand is reflected in the City’s overall need for additional parks and recreational programming, as well.According to the Parks and Recreation Department 2015 Master Plan,the City needs 44.4 acres of new parks by 2030 to serve the projected population growth.The master plan also noted a continued increase in demand for recreation programing-with annual enrollment in recreation classes increased by 14%in 2011-2012 alone-that has seen many of the City’s recreation facilities operating at or past capacity. 6.The Project is Planned or Located in the Manner that Will Be Most Compatible with the Greatest Public Good and Least Private Injury As discussed above,planning for the larger Community Civic Campus Project began after voters in 2015 approved a tax measure that raised funds for construction of new police facilities,to maintain essential City services,and to expand recreation programming,among other express goals.The current Project site was chosen after extensive City Council review,including two study sessions dedicated to the issue and additional discussion over a series of meetings,and community outreach.The documents pertaining to these study sessions and meetings are incorporated herein by this reference. The Council considered two possible locations for the Project: ·the Project site,which includes City-owned land located east of El Camino Real and enclosed by Chestnut Avenue and Mission Road.The City-owned Municipal Services Building and related land was included as part of a potential third phase of the larger Community Civic Campus Project, and ·an alternative site,which included the Municipal Services Building and land immediately adjacent to it that is west of El Camino and enclosed by Westborough Boulevard,Camaritas Avenue and Arroyo Drive. The Project site was believed to be situated entirely on public land.The site required acquiring several parcels from the City’s former redevelopment agency,which had acquired the land and adjoining property from the San Francisco Public Utilities Commission in 2008 for future development as mixed-use,transit-oriented development,and open space.The majority of this property was vacant.By contrast,all three configurations City of South San Francisco Printed on 3/5/2021Page 5 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. development,and open space.The majority of this property was vacant.By contrast,all three configurations considered by Council for the alternative site required acquiring privately owned and already occupied land. One configuration required acquiring land that was (and currently is)entirely occupied by a DaVita dialysis clinic and a portion of its parking lot,and the other two configurations required acquiring land entirely occupied by the DaVita clinic, an O’Reilly auto-parts store, and Gunther’s Restaurant. The image below,from Google Maps,shows an approximate comparison of the land that the City would have needed to acquire to develop the Project on each of the two proposed sites,with the land to be acquired on the Project site outlined in yellow and the land needed for the alternative site outlined in red: In addition,a Bay Area Rapid Transit (“BART”)right of way runs the length of the Project site between El Camino Real and Antoinette Lane and effectively bisects it, as is approximately shown below: City of South San Francisco Printed on 3/5/2021Page 6 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. Buildings and even certain trees cannot be installed on this BART-owned property because of the BART tunnels located underground.This prohibition on surface structures imposes significant limitations on the Project site’s development, and the Project’s proposed open space park complies with these restrictions. The Subject Property also has further limitations on its use.As described further below,the majority of the property is currently used as a public roadway and sidewalk. 7. The Proposed Property Acquisition is Necessary for the Project The property that is the subject of the recommended Resolution of Necessity is a remnant parcel left over from a larger land holding from many years ago.The Subject Property is on the west side of Antoinette Lane,north of Chestnut Avenue,in South San Francisco.The Subject Property is long and narrow,with an elbow-shaped bend towards the middle of the site.This is an approximation to the parcel location,superimposed on a Google Earth image: Much of the Subject Property is currently encumbered by the Antoinette Lane roadway with asphalt paving, curbing,gutter,and sidewalk.A small portion of the Subject Property at the elbow is outside of the public road. This portion of the Subject Property is vacant. City of South San Francisco Printed on 3/5/2021Page 7 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. The Subject Property is critical to the completing the Project’s outdoor and landscaping improvements, namely: ·Realignment and narrowing of Antoinette Lane; ·Construction of a missing portion of Centennial Trail from the Antoinette Lane cul-de-sac to Chestnut Avenue; ·Relocation and construction of a bicycle lane onto this completed portion of Centennial Trail; ·Sidewalk and frontage improvements along Antoinette Lane,including landscaping connecting to the park,widening of the sidewalk through a bulb-out at the corner of Chestnut Avenue and Antoinette Lane to increase pedestrian safety and allow for the addition of second crosswalk along Chestnut Avenue; ·Installation of three Americans with Disabilities Act (ADA)compliant parking stalls for park/facility user access; and ·Construction of the Phase II playground and open space areas,which will include outdoor exercise equipment, a restroom facility and other open space elements. Below is an illustration of these planned improvements: 8. Government Code section 7267.2 Offer Government Code 7267.2 provides,in pertinent part:“Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount that it believes to be just compensation therefor,and shall make an offer to the owner or owners of record to acquire the property for the full amount so established,unless the owner cannot be located with reasonable diligence.” The City obtained an appraisal for the fair market value of the Subject Property.However,despite extensive efforts,staff has been unable to locate a living representative of the record owner of the Subject Property to make an offer pursuant to Government Code section 7267.2.The Subject Property has no address and is not City of South San Francisco Printed on 3/5/2021Page 8 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. make an offer pursuant to Government Code section 7267.2.The Subject Property has no address and is not assessed.Thus,there is no owner listed with the County of San Mateo Tax Assessor.A litigation guarantee for the Subject Property ordered by the City states the record owner of the Subject Property is Baden Brick Company.The City requested the corporate records of Baden Brick Company from the California Secretary of State.These records state that the corporation was dissolved in 1914.There is no agent for service of process or address on file for the corporation,and the City was unable to locate a living representative of the corporation. Thus, staff was not able to make a written offer for the appraised value of the property. 9.Notice of Hearing on the Proposed Resolution of Necessity Code of Civil Procedure section 1245.235,subdivision a,requires a public entity to give “each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.”Since the Subject Property is not assessed,there is no address on the last equalized county assessment roll.On February 10,2021,a Notice of Intention to Adopt a Resolution of Necessity,incorporated herein by reference,was posted on the Subject Property and was published on the City website.The notice was also published in the San Mateo Daily Journal.This notice notified the property owner of their right to appear and be heard before the City Council on March 10, 2021 on the following matters: 1.Whether the public interest and necessity require the Project; 2.Whether said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3.Whether the Subject Property is necessary for the Project; and 4.Whether the offer required by Government Code section 7267.2 has been made to all owners of record, unless the owner or owners could not be located with reasonable diligence. B.Required Deposit with State Treasurer Should the City Council adopt the Resolution of Necessity and commence an eminent domain proceeding,it will need to show that it has deposited the probable amount of compensation that will be awarded in the proceeding with the State Treasury in order to obtain prejudgment possession.(Code of Civil Procedure sections 1255.010 and 1255.410.)The deposit amount will be based on the approved appraisal.Staff thus seeks,as part of the Council’s adoption of any Resolution of Necessity,authorization to make the deposit of probable compensation with the State Treasurer for the probable amount of just compensation,based on an appraisal, for the eminent domain proceeding. FISCAL IMPACT The Project’s budget includes funding for the property acquisition that is the subject of the Resolution of Necessity hearing.This is included in the current total project budget of $101,000,000 for pf1707 presented to Council on November 9, 2020. No additional funding appropriation is required. RELATIONSHIP TO STRATEGIC PLAN The Community Civic Campus Project,including Phase II,is included in the City’s Strategic Plan.Phase II aligns with Priority #2 which is focused on enhancing quality of life. CONCLUSION Since the City has been unable to locate the property owner to negotiate a voluntary purchase of the property, Staff recommends the Council conduct a public hearing to consider the adoption of the Resolution of Necessity; City of South San Francisco Printed on 3/5/2021Page 9 of 10 powered by Legistar™ File #:21-174 Agenda Date:3/10/2021 Version:1 Item #:7. Staff recommends the Council conduct a public hearing to consider the adoption of the Resolution of Necessity; make the requisite findings and adopt the Resolution of Necessity authorizing and directing the City’s attorneys to prepare,commence,and file proceedings in eminent domain for the purpose of acquiring a fee simple interest in the Subject Property for the Community Civic Campus Project Phase II;and authorizing staff and counsel to make the necessary deposits with the State Treasurer for the eminent domain proceeding. 3705838.5 City of South San Francisco Printed on 3/5/2021Page 10 of 10 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-175 Agenda Date:3/10/2021 Version:1 Item #:7a. Resolution of the City Council of the City of South San Francisco adopting a Resolution of Necessity finding and determining the public interest and necessity for acquiring and authorizing the condemnation of real property, for Phase II of the Community Civic Campus Project, located in and along Antoinette Lane (no address, no Assessor’s parcel number) WHEREAS, the City of South San Francisco (the “City”) proposes to acquire a fee simple interest in the entire parcel located in and along Antoinette Lane in the City of South San Francisco, County of San Mateo, and described in the legal description attached hereto and incorporated by reference as Exhibit A and depicted in the plat map attached hereto and incorporated by reference as Exhibit B (the “Subject Property”) for the Community Civic Campus Project Phase II (the “Project”); and WHEREAS, as the City is authorized to acquire the Subject Property in fee by eminent domain under the provisions of Article I, section 19 of the California Constitution; Government Code sections 37350.5, 37501, 38002, 38010, 37353 and 40404; Public Resources Code section 5301; and Code of Civil Procedure sections 1230.010 et. seq. (the California Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the law; and WHEREAS, the larger Community Civic Campus Project is a three-phase project that will construct a number of new public facilities for use by City departments and members of the public accessing City services and taking part in a range of social, cultural, and recreational activities.Phase I will be the new state-of-the-art Police station (located at the corner of Chestnut Avenue and Antoinette Lane) that will serve as the department’s headquarters, and will also provide office space for the City’s Information Technology and Human Resources departments.Phase II will be the combined Library, Parks & Recreation and Community Theater / Council Chamber center and park (located along El Camino Real between Chestnut Avenue and Arroyo Drive). A new building will house a new library branch, as well as a vast amount of space dedicated to exhibiting artwork, performances, and classrooms for use by the public. In addition, the Phase II building will include a new City Council chambers that will also serve as a community theatre. Finally Phase II includes a public park with playground and exercise areas.Phase III will consist of construction of a new fire station and future development on the current City-owned Municipal Services Building site; and WHEREAS, the Project stems from a critical need to maintain essential City services and to meet increasing demand for library services and recreational programming in the City; and WHEREAS, the Project will meet these needs through construction of a new library branch; new recreation facilities that include art classrooms, exhibit space, and dance studios; offices for the City’s human resources, library, and parks and recreation departments; a new Council chambers and community theatre; and a park with playground, exercise equipment, and open space; and City of South San Francisco Printed on 4/21/2021Page 1 of 4 powered by Legistar™ File #:21-175 Agenda Date:3/10/2021 Version:1 Item #:7a. WHEREAS, the City evaluated the environmental impacts of the Project when it evaluated the impacts of all phases of the Community Civic Campus Project pursuant to the California Environmental Quality Act (“CEQA”), and the City Council, as lead agency for purposes of CEQA, certified and adopted a Subsequent Environmental Impact Report (“SEIR”) for the Community Civic Campus Project at a duly noticed public hearing on December 13, 2017. The SEIR serves as the CEQA documentation for the City’s consideration and approval of the Project, and no additional CEQA review is required; and WHEREAS, the City considered and examined alternatives to the Project, and has considered whether the Project is planned or located in a manner that is the most compatible with the greatest public good and the least private injury; and WHEREAS, the Subject Property is a remnant parcel left over from a larger land holding. Much of the Subject Property is currently encumbered by the Antoinette Lane roadway with asphalt paving, curbing, gutter, and sidewalk, and only a small portion of the land is outside of the public road, and this portion is vacant; and WHEREAS, the Subject Property is located on the site for the Project; and WHEREAS, the Subject Property was appraised by an independent real estate appraiser and an amount believed to be just compensation was established by the City; and WHEREAS, the Subject Property has no address and is not assessed. Thus, there is no owner listed with the County of San Mateo Tax Assessor. The owner of record of the Subject Property is Baden Brick Company (“Owner”), a corporation that dissolved in 1914. The Owner has no agent for service of process or address on file with the California Secretary of State, and the City was unable to locate a living representative of the corporation; and WHEREAS, despite the efforts of the City to identify and locate the Owner of the Subject Property, no living representative of Owner has been located and, as a result, the City was not able to make a written offer for the appraised value of the Subject Property pursuant to Government Code section 7267.2; and WHEREAS, on February 10, 2021, a Notice of Intention to Adopt a Resolution of Necessity, incorporated herein by reference, was posted on the Subject Property and on the City website; a notice was also published in the San Mateo Daily Journal; and WHEREAS, the notice notified the property owner of its right to be heard before the City Council on March 10, 2021, on the following matters: 1.Whether the public interest and necessity require the Project; 2.Whether said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3.Whether the Subject Property is necessary for the Project; and 4.Whether the offer required by Government Code section 7267.2 has been made to all owners of record, unless the owner or owners could not be located with reasonable diligence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby finds the recitals above are true and accurate; and City of South San Francisco Printed on 4/21/2021Page 2 of 4 powered by Legistar™ File #:21-175 Agenda Date:3/10/2021 Version:1 Item #:7a. BE IT FURTHER RESOLVED, the City Council additionally finds and declares the following: 1.The public interest and necessity require the Project; and 2.The Subject Property is being acquired for a public use, namely for the construction of civic, park, and recreational facilities, and public streets, and for all public purposes pursuant to the authority conferred upon the City to acquire by eminent domain by virtue of Article I, section 19 of the California Constitution; Government Code sections 37350.5, 37501, 38002, 38010, 37353 and 40404; Public Resources Code section 5301; and Code of Civil Procedure sections 1230.010 et. seq. (the California Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the law; and 3.The Subject Property, specifically a fee interest in the entire real property located in and along Antoinette Lane in the City of South San Francisco, County of San Mateo, and described and depicted in Exhibits A and B, is necessary for the Project; and 4.The offer required by Government Code section 7267.2 has not been made to all owners of record because the owner could not be located with reasonable diligence; and 5.The requirements of the California Environmental Quality Act have been satisfied; and 6.Insofar as any portion of the Subject Property has heretofore been appropriated for public use under Code of Civil Procedure section 1240.510 in that the City’s use of the Subject Property will not unreasonably interfere with or impair the continued public use as it now exists or may reasonably be expected to exist in the future, and alternatively, for a more necessary public use under Code of Civil Procedure section 1240.610 in that the City’s use of the Subject Property is a more necessary public use than the use to which the Subject Property is appropriated; and 7.The City has complied with the provisions of Code of Civil Procedure section 1245.235 by providing reasonable written notice to each person whose property is to be acquired by eminent domain and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030; and BE IT FURTHER RESOLVED that outside counsel, Meyers Nave, is hereby authorized to proceed immediately with the commencement of an action for eminent domain pursuant to the Eminent Domain Law set forth in the Code of Civil Procedure section 1230.010, et seq., for the acquisition of the Subject Property described and depicted in Exhibits A and B, attached hereto, and to deposit with the State Treasury the amount of probable just compensation established by an approved appraisal. ***** EXHIBIT A EXHIBIT B City of South San Francisco Printed on 4/21/2021Page 3 of 4 powered by Legistar™ File #:21-175 Agenda Date:3/10/2021 Version:1 Item #:7a. City of South San Francisco Printed on 4/21/2021Page 4 of 4 powered by Legistar™ EXHIBIT A - PROPERTY DESCRIPTION BADEN BRICK PROPERTY Page 1 of 3 BKF ENGINEERS 255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 March 04, 2021 BKF No 20170241-55 LEGAL DESCRIPTION BADEN BRICK COMPANY PARCEL All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being All that portion of the southwesterly one-half of Mission Road (66 feet wide) as shown on that map of "That Part Of The Lux Ranch Laying West Of Mission Road", filed March 10, 1891 in Book D of Maps, Page 58, lying southeasterly of the northeasterly prolongation of the southeasterly line of that certain "Take Parcel 1" as described in Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records, and lying northwesterly of the northeasterly prolongation of the northwesterly line of Chestnut Avenue as described in Highway Deed recorded February 03, 1971 in Book 5892, Page 452 of Official Records; Excepting therefrom that portion lying within the Southern Pacific Company's Right of Way as conveyed in Deed recorded August 16, 1878 in Book 29 of Deeds, Page 442. Said Parcel being more particularly described as follows: BEGINNING at the Southeasterly corner of said “Take Parcel 1”, said corner also being on the westerly right-of-way line of said Antoinette Lane as shown on said map; Thence along the prolongation of the southerly line of said “Take Parcel 1”, North 71º35’23” East, 33.46 feet to the centerline of said Antoinette Lane; Thence along said centerline, South 08º56’19” East, 91.71 feet, Thence continuing along said centerline, South 45º05’19” East, 258.08 feet to the westerly line of said Highway Deed; Thence southerly along the westerly line of said Highway Deed, South 57º58’54” West, 27.14 feet to a point on the westerly line of said lands described in Deed recorded August 16, 1878 in Book 29 of Deeds, Page 442; Thence along the northeasterly line of last said lands, North 47º00’19” West, 196.37 feet; Thence along the southwesterly right-of-way line of said Antoinette Lane, the following two (2) courses: 1. North 45º05’19” West, 66.45 feet; 2. North 08º56’19” West, 96.98 feet to the POINT OF BEGINNING. Containing 11,042 square feet more or less. March 04, 2021 Page 2 of 3 BKF ENGINEERS A plat showing the above described parcel is attached hereto and made a part hereof. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act. _ 3/4/2021 David C. Jungmann, PLS 9267 Dated END OF DESCRIPTION EXHIBIT B - PLAT MAP BADEN BRICK PROPERTY 33'66'ANTOINETTE LANE(FORMERLY OLD MISSION ROAD - D MAPS 58 - 66' R.O.W)CHES T N U T A V E N U E (100' R . O . W . )N08°56'19"W96.98'N71°35'23"E33.46'S08°56'19"E91.71'S45°05'19"E258.08'S57° 5 8 ' 5 4 " W 27.1 4 'N47°00'19"W196.37'LANDS OFBADEN BRICK CO.AREA = 11,042 ± S.F.POBN45°05'19"W66.45'N 7 1 ° 3 5 ' 2 3 " E 50' LEGENDADJACENT LOT LINECENTER LINEEASEMENT LINESUBJECT BOUNDARY LINESQ.FT.SQUARE FEETPOBPOINT OF BEGINNINGR.O.W.RIGHT OF WAYJob No.SubjectOF255 SHORELINE DR.,SUITE 200REDWOOD CITY, CA 94065(650) 482-6300www.bkf.comBy Chkd. Date City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-169 Agenda Date:3/10/2021 Version:1 Item #:8. Report regarding establishment of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services).(Christina Fernandez,Assistant to the City Manager and Sky Woodruff,City Attorney) RECOMMENDATION Staff recommends that the City Council 1)Hold a public hearing on the establishment of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services)(the “CFD”); 2)adopt Resolution Establishing the CFD,authorizing the levy of the Special Taxes therein and calling an election related thereto;3)Adopt Resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $105,000,000 within the CFD and calling an election therein;4)Conduct election;5)Adopt Resolution certifying the election results;and 6)Introduce Ordinance authorizing the levy of special taxes within the CFD. BACKGROUND/DISCUSSION Kilroy Realty and its affiliates (collectively “Kilroy”)own approximately 54.32 acres of land within the City located at Oyster Point.Kilroy is the assignee of Oyster Point Ventures,LLC pursuant to that certain Development Agreement entered into as of March 23,2011 (the “Development Agreement”),with the City. Pursuant to the Development Agreement,the City agreed to cooperate in good faith with Kilroy to form a CFD pursuant to the Mello-Roos Community Facilities Act of 1982 (Mello-Roos Act)to finance certain public capital facilities and services benefiting the territory within the CFD.An affiliate of Kilroy filed a petition requesting the formation of the CFD and staff is recommending the formation of City of South San Francisco Community Facilities District No.2021-01.A CFD is a defined geographic area in which the City is authorized to levy annual special taxes to be used to either finance directly the costs of specified public improvements and/or public services,or to pay debt service on bonds issued to finance the public improvements, as well as to pay costs of administering the CFD. Kilroy intends to develop the property in the CFD as a life sciences campus consisting of research and development and office buildings,comprising a total of up to 2,379,210 gross feet of development. Construction is underway on phase 1 of the development consisting of three buildings totaling approximately 546,601 square feet.This CFD will fund the acquisition of certain capital improvements constructed by Kilroy and benefiting the development as identified Community Facilities District Report prepared by DTA (the “CFD Report”) and fund certain authorized public services. The authorized services include: -Police protection services -Roadway maintenance -Streetlight maintenance and operations -Traffic signal maintenance and operations -Parks, waterfront and Bay Trail maintenance City of South San Francisco Printed on 3/5/2021Page 1 of 3 powered by Legistar™ File #:21-169 Agenda Date:3/10/2021 Version:1 Item #:8. -Landscaping, parkway, median and open space maintenance, including erosion prevention -Public surface parking maintenance -Operation and maintenance of public restroom buildings -Operation and maintenance of storm drainage systems The CFD Report describes the estimated costs of the public facilities and services to be financed by the CFD and contains the Rate and Method of Apportionment of the Special Tax for the CFD (the “RMA”).The RMA specifies that the Fiscal Year 2021-22 maximum rate for the Special Tax for Municipal Services will be $0.35 per square foot of non-residential floor area.The Special Tax for Municipal Services will be levied in perpetuity as necessary to meet the Special Tax Requirement for Municipal Services,unless no longer required to pay for Authorized Services as determined at the discretion of the City.The tax was calculated based estimated cost of the authorized services and administrative fees and planned development within the CFD. The rate will increase by two percent annually. The RMA specifies that the Fiscal Year 2021-22 maximum rate for the Special Tax for Authorized Facilities will be $2.00 per square foot of non-residential floor area. The rate will increase by two percent annually. The term of the Special Tax for Authorized Facilities shall be for earlier of the maturity of the final series of bonds issued by the CFD or Fiscal Year 2070-71. It is projected that bonds would be issued in one or more series over time. Kilroy has requested that the first series of Bonds be issued later this year. On January 27,2021,the City Council adopted Resolution No.18-2021 stating its intention to form the CFD and Resolution No.19-2021 stating its intention to incur bonded indebtedness on behalf of the CFD.Both resolutions called for a public hearing to be held on March 10,2021.Following the close of the public hearing and assuming that the owners of a majority of the acreage in the CFD do not protest its establishment, the City Council will consider adopting a Resolution establishing the CFD and authorizing the levy of the special tax therein and a Resolution determining the necessity to incur bonded indebtedness in the amount of not to exceed $105,000,000 to finance the authorized public facilities.Adoption of these Resolutions call for an election to be held immediately thereafter.Each of the property owners in the CFD have executed a waiver consenting to holding the election immediately following the public hearing and waiving certain election law requirements.Additionally,the City has receive a certificate from the Registrar of Voters for San Mateo County certifying that there are zero (0)registered voters reside within the boundaries of the CFD. Accordingly,under the Mello Roos Act,the election will be a landowner election with each landowner having one vote for each acre or portion thereof. Following the City Clerk’s completion of the election tabulation,the City Council is asked to adopt a Resolution certifying the election results and assuming 2/3rds of the votes cast are in favor of the ballot propositions,introduce an ordinance authorizing the levy of the special tax.The City Council would be asked to enact the Ordinance on its March 24,2021 meeting date along with approving the form of Acquisition Agreement which sets for the terms and procedures pursuant to which the CFD will reimburse Kilroy for the completed public improvements from proceeds of Bonds to be issued by the CFD. City of South San Francisco Printed on 3/5/2021Page 2 of 3 powered by Legistar™ File #:21-169 Agenda Date:3/10/2021 Version:1 Item #:8. FISCAL IMPACT Staff estimates that,during the first Fiscal Year in which the Special Taxes will be levied (Fiscal Year 2022- 23),the CFD will generate approximately $190,000 in annual special tax revenues for authorized services. This amount will grow as development within the boundary map is realized.The rate will increase by two percent annually.Any Bonds issued by the CFD will be secured solely by the Special Taxes levied for the authorized facilities on taxable property in the CFD and will not be secured by any pledge of or obligation on City funds.Kilroy has deposited with the City $50,000 to pay for the costs of forming the CFD.Such deposit will be repaid to Kilroy from Bond proceeds if and when Bonds are issued pursuant to a previously approved Reimbursement Agreement. RELATIONSHIP TO STRATEGIC PLAN Formation of CFD No.2021-01 meets the City’s strategic goals of providing a high quality of life for our residents and employees by modernizing the Kilroy Oyster Point Marina area as an enjoyable space to work, visit, and recreate. CONCLUSION The CFD is needed to operate and maintain new public facilities that are being constructed at Oyster Point and to satisfy certain conditions set forth in the Development Agreement. Staff recommends that the City Council 1)Hold a public hearing on the establishment of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services)(the “CFD”);2)adopt Resolution Establishing the CFD,authorizing the levy of the Special Taxes therein and calling an election related thereto;3)Adopt Resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $105,000,000 within the CFD and calling an election therein;4)Conduct election;5)Adopt Resolution certifying the election results;and 6)Introduce Ordinance authorizing the levy of special taxes within the CFD. Attachments: 1.Resolution Establishing the CFD 2.Resolution Determining the Necessity to Incur Bonded Indebtedness 3.Resolution Certifying the Election Results 4.Ordinance Authorizing the Levy of the Special Tax 5.CFD Report 6.Property Owner Waivers 7.Certificate of Registrar of Voters. City of South San Francisco Printed on 3/5/2021Page 3 of 3 powered by Legistar™ 4838-0054-3706v4/200855-0004 Resolution of the City Council of the City of South San Francisco Establishing City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California, Au thorizing the Levy of Special Taxes Therein, Calling an Election and Approving Certain Actions Related Thereto WHEREAS, the City Council (the “City Council”) of the City of South San Francisco (the “City”) has heretofore adopted Resolution No. 18-2021 stating its intention to form City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (“Community Facilities District No. 2021- 01” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of Resolution No. 18-2021 setting forth a description of the proposed boundaries of Community Facilities District No. 2021-01, the facilities, services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2021-01 and to levy certain special taxes and to incur bonded indebtedness in the amount of up to $105,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 18-2021; and WHEREAS, on March 10, 2021, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2021-01, the levy of special taxes therein and the issuance of bonded indebtedness by the District; and WHEREAS, at the March 10, 2021 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Act (the “CFD Report”); and WHEREAS, at the March 10, 2021 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2021-01, the levy of the special taxes and the issuance of bonded indebtedness were heard and full and fair hearings were held; and WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of facilities (the “Facilities”), services (the “Services”) and the incidental expenses (the “Incidental Expenses”) set forth in Attachment A hereto, which are described in more detail in the CFD Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed special taxes to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special taxes and the issuance of bonded indebtedness therein; and 2 4838-0054-3706v4/200855-0004 WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of San Mateo on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2021-01 for each of the 90 days prior to March 10, 2021 and that the qualified electors in Community Facilities District No. 2021-01 are the landowners within the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2021-01 and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 18-2021 (the “Rate and Method”), (ii) the issuance of bonds to finance the Facilities and incidental expenses related thereto (the “Facilities Incidental Expenses”), and (iii) the establishment of an appropriations limit for Community Facilities District No. 2021-01; and WHEREAS, in order to facilitate the funding of the Facilities, the legislative body of the District desires to enter into an Acquisition, Construction and Acquisition Agreement (the “Acquisition Agreement”) with KR Oyster Point Developer, LLC, a Delaware limited liability company (the “Developer”) and the form of the Acquisition Agreement is on file with the City Clerk; and NOW, THEREFORE, the City of South San Francisco, does hereby resolve as follows: 1. Each of the above recitals is true and correct. 2. A community facilities district to be designated “City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. 3. The boundaries of Community Facilities District No. 2021-01 are established as shown on the map designated “Proposed Boundaries of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), County of San Mateo, State of California ”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Mateo in Book No. 18 Page No. 70 on February 19, 2021 as Instrument No. 2021-900012. 4. The types of Facilities, Services, Facilities Incidental Expenses and the incidental expenses related to the Services (the “Services Incidental Expenses” and together with the Facilities Incidental Expenses, the “Incidental Expenses”) authorized to be provided for Community Facilities District No. 2021-01 are those set forth in Attachment A attached hereto. The estimated cost of the Facilities, the Services and Incidental Expenses to be financed is set forth in the CFD Report, which estimates may change as the Facilities are designed and bid for construction and acquisition , and the Services are implemented, as applicable. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds and determines that the proposed Facilities and Services are necessary to meet the increased demand that will be placed upon local agencies and 3 4838-0054-3706v4/200855-0004 public infrastructure as a result of new development within the District and that the Facilities and Services to be financed benefit residents of the City and the property within the District. 5. Except where funds are otherwise available, it i s the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually the Special Tax A and the Special Tax B (as such terms are defined in the Rate and Method) at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for (i) the Services and the Facilities, (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Facilities Incidental Expenses, including the establishment and replenishment of reserve funds, any credit enhancement fees and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the special taxes, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The Rate and Method is described in detail in Attachment C to Resolution No. 18-2021 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the CFD Report, which is incorporated by reference herein, the Special Tax A and Special Tax B are based on the expected demand that each parcel of real property within Community Facilities District No. 2021-01 will place on the Facilities, the Services and on the benefit that each parcel will derive from the right to access the Facilities and the Services and, accordingly, is hereby determined to be reasonable. The Special Tax A shall be levied on each assessor’s parcel in accordance with the Rate and Method provided, however, that the Special Tax A shall not be levied after Fiscal Year 2070-71. The Special Tax B shall be levied in perpetuity. The Special Tax A and the Special Tax B are apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special taxes are not based upon the ownership of real property or the assessed value of real property. If Special Tax A is levied against any parcel used for private residential purposes, (i) the maximum Special Tax A rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax A because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method, (ii) the Special Tax A shall not be levied after Fiscal Year 2070-71, and (iii) under no circumstances will the Special Tax A levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. If Special Tax B is levied against any parcel used for private residential purposes, (i) the maximum Special Tax B rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax B because of its use for private residential purposes and shall not be increased over time except as authorize d under the Rate and Method, and (ii) under no circumstances will the Special Tax B levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parce ls within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. 4 4838-0054-3706v4/200855-0004 The City Manager of the City of South San Francisco, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 6. In the event that a portion of the property within Community Facilities District No. 2021-01 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax A specified in the Rate and Method, or in the event of delinquencies in the payment of Special Tax A levied, the City Council shall, on behalf of Community Facilities District No. 2021-01, increase the levy of Special Tax A to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2021-01 which is not exempt or delinquent in an amount not to exceed the Maximum Special Tax A in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities payable from the Special Tax A; provided, however, under no circumstances will the Special Tax A levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the Special Tax A will be set in accordance with the Rate and Method. The obligation to pay Special Tax A may be prepaid only as set forth in Section H of the Rate and Method. 7. In the event that a portion of the property within Community Facilities District No. 2021-01 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax B specified in the Rate and Method, or in the event of delinquencies in the payment of Special Tax B levied, the City Council shall, on behalf of Community Facilities District No. 2021-01, increase the levy of Special Tax B to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2021-01 which is not exempt or delinquent in an amount not to exceed the Maximum Special Tax B in order to prevent the District from defaulting on any of its obligations or liabilities payable from the Special Tax B; provided, however, under no circumstances will the Special Tax B levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such del inquencies or defaults. The amount of the Special Tax B will be set in accordance with the Rate and Method. The obligation to pay Special Tax B may not be prepaid. 8. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of Special Tax A shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax A obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax A by the District ceases. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each le vy of Special Tax B shall attach to all non-exempt real property in the District and this lien shall continu e in force and effect until the lien is canceled in accordance with law or until collection of the Special Tax B by the District ceases. 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2021-01 for the exclusive purpose of 5 4838-0054-3706v4/200855-0004 paying the principal of or interest on bonds or other indebtedness incu rred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2021-01 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2021-01. 10. Written protests against the establishment of the District have not been filed by one -half or more of the registered voters within the boundaries of the District or by the property owners of one - half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. 11. An election is hereby called for Community Facilities District No. 2021-01 on the propositions of levying the Special Tax A and Special Tax B on the property within Community Facilities District No. 2021-01 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness, pursuant to Sections 53351 and 53353.5 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment B. 12. The date of the election for Community Facilities District No. 2021-01 on the propositions of incurring the bonded indebtedness, authorizing the levy of the Special Tax and establishing an appropriations limit for the District shall be March 10, 2021, or such later date as is consented to by the City Clerk of the City of South San Francisco; provided that, if the election is to take place sooner than 90 days after March 10, 2021, then the unanimous written consent of each qualified elector within the District to such election date must be obtained . The polls shall be open for said election immediately following the close of the public hearing on March 10, 2021. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of South San Francisco insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2021-01. The City Clerk has secured a certificate from the Registrar of Voters of the County of San Mateo certifying that there were no registered voters within the District as of January 6, 2021. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding March 10, 2021, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2021-01, as provided in Section 53326 of the Act. The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on March 10, 2021, which waiver is on file with the City Clerk. 13. The preparation of the CFD Report is hereby ratified. The CFD Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2021-01. The CFD Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. 6 4838-0054-3706v4/200855-0004 14. The form of the Acquisition Agreement on file with the City Clerk is approved as to form, and Mayor of the City, or such other member of the City Council as the Mayor may designate, the City Manager, the Assistant City Manager (or any interim Assistant City Manager), and the Director of Finance, and any designee thereof, is authorized to execute the Acquisition Agreement in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof. 15. This resolution shall take effect immediatel y upon its passage. * * * * * A-1 4838-0054-3706v4/200855-0004 ATTACHMENT A Types of Facilities To Be Financed By City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services) The facilities set forth below (the “Facilities”) are proposed to be financed or funded in whole or in part by City of South San Francisco, County of San Mateo, State of California” (the “District”). The authorized Facilities shall be owned and operated by the City or another public agency, and shall be constructed, whether or not acquired in a completed state, pursuant to the plans and specifications approved by the City and its officials. I. Roadway and Transportation Improvements Authorized Facilities include any and all on -site and off-site publically-owned roadway and transportation facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; clearing, grubbing, and demolition; grading, s oil import/export; paving, and decorative/enhanced pavement concrete and/or pavers; bridge crossings and culverts; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, b ike trails (including onsite and off -site); enhanced fencing, and access ramps; street lights; intersections, signalization, and traffic signal control systems; bus turnouts and bus shelters; signs and striping; erosion control; median and landscape corridor landscaping and irrigation; masonry walls; traffic control and agency fees; and other improvements related thereto. II. Water System Improvements Authorized Facilities include any and all water facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; potable water storage, groundwater wells, storage tanks, distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto III. Recycled Water System Improvements Authorized Facilities include any and all recycled water system facilities required to meet the needs of development within the District. Eligible improvem ents include, but are not limited to: acquisition of land and easements; recycled water storage, treatment and distribution facilities including pipelines and appurtenances, gate valves, storage tanks, flow meters, booster pump pressurization system, and o ther improvements related thereto. IV. Drainage System Improvements Authorized Facilities include any and all drainage and storm drain improvements required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; mains, pipelines and appurtenances; outfalls and water quality measures; temporary drainage facilities; detention/retention A-2 4838-0054-3706v4/200855-0004 basins and drainage pretreatment facilities; drainage ways/chan nels; pump stations; landscaping and irrigation; access roads, gates, and fencing; striping and signage; and other improvements related thereto where required. V. Wastewater System Improvements Authorized Facilities include on -site and off-site facilities req uired to meet the conveyance needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; pipelines and all appurtenances thereto; manholes; tie -in to existing main line; force mains; lift stations; odor control facilities; sewer treatment plant improvements; and other improvements related thereto. VI. Parks, Trails, Landscaping, and Open Space Improvements Authorized Facilities include on-site and off-site park, trail, landscaping and open space facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; grading; turf and irrigation; trees and shrubs; sidewalks pathways and trails: masonry sound walls; sports fields, sport courts, playground equipment, picnic areas, benches, drinking fountain and bathrooms; other related hard and soft -scape improvements along roadways and adjacent to or within parks, open space, drainage channels and detention basins; bike trails, bike/pedestrian bridges; storm drain crossings; publicly -owned improvements required for wetland mitigation, tree mitigation, off -site hawk mitigation, and/or agricultural mitigation; landscaping and irrigation, access gates and fencing and related open space improvements. VII. Fire Station Fire Facilities, including but not limited to fire stations, apparatus, and facilities and equipment required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; construction; relocation; rehabilitation; replacement; leasing; repair; planning; design; engineering; soils testing; construction staking; construction coordination and inspection; furniture, fixtures, and equipment; and other improvements related thereto. VIII. Impact Fees The District will also finance any fees payable to the City, the proceeds of which will be used to fund all or a portion of the cos t of any Facilities described above. 1. Traffic or Transportation Impact Fee 2. Oyster Point Grade Separation Fee 3. East of 101 Sewer Impact Fee 4. Sewer Capacity Fee 5. Bicycle and Pedestrian Impact Fee 6. Parkland Acquisition & Construction Fee 7. Public Art/Transit Enhancement Fee 8. Childcare Impact Fee 9. Public Safety Impact Fee A-3 4838-0054-3706v4/200855-0004 10. Mass Decontamination Fee IX. Other Public Improvements Any and all other public improvements authorized under the Mello -Roos Community Facilities Act of 1982 and otherwise necessary to meet the needs of development within the District. X. Private Utility Facilities 1. Natural Gas Distribution 2. Electrical Distribution 3. Telephone 4. Cable Television 5. Other Private Utility Facilities as Authorized by the Mello -Roos Act XI. Administrative and Incidental Expenses In addition to the above Facilities and services, other incidental expenses that may be financed by the District include but are not limited to the following: the cost of planning, permitting, approving and designing the aut horized Facilities (including the cost of environmental evaluation, orthophotography, environmental remediation/mitigation); land acquisition and easement payments for authorized Facilities; project management, construction staking; engineering studies; ut ility relocation and demolition costs incidental to the construction of the public Facilities; and any other expenses incidental to the construction, completion, and inspection of the Facilities and related expenses associated with any of the foregoing. In addition, the District shall fund the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District including, but not limited to: the levy and collection of the special taxes; the fees and expenses of attorneys ; any fees related to the collection of special taxes; an allocable share of the salaries and benefits of any City staff, or consultant fees, directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto; expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent; administrative fees of the City and the bond trustee or fiscal agent related to the District and the bonds issued by or for the District; costs related to the formation of the District; reimbursement of costs related to the formation of the District advanced by City, the landowner(s) in the District or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the District or any party related to any of the foregoing, for Facilities, fees or other purposes or costs of the District; costs related to the issuance of bonds by or for the District, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, fees and expenses of bond counsel, disclosure counsel, special tax consultant, municipal advisor and appraiser, bond remarketing costs, and all other incidental expenses; and all other costs and expenses of the City in any way related to the District. A-4 4838-0054-3706v4/200855-0004 Types of Services To Be Financed By City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services) The services authorized to be funded by City of South San Francisco, County of San Mateo, State of California” (the “District”) and paid by the Special Taxes levied within the District (the “Services”) are described below. For purposes of the District, the Services shall incorporate and have the meaning given to the term “services” in section 53313 of the Mello -Roos Community Facilities Act of 1982. 1. Police protection services. 2. Maintenance and lighting of parks, parkways, streets, roads, and open space, including without limitation: Roadway maintenance, Streetlight maintenance and operations, Traffic signal maintenance and operations, Parks, waterfront and Bay Trail maintenance, Landscaping, parkway, median and open space maintenance, including erosion prevention, Public surface parking maintenance, and Operation and maintenance of public restroom buildings, 3. Operation and maintenance of storm drainage systems. The cost of the Services shall include all related administrative costs and expenses, necessary utility (water and electricity) costs, and related reserves for replacement of vehicles, equipment and facilities.. B-1 4838-0054-3706v4/200855-0004 ATTACHMENT B BALLOT PROPOSITIONS CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $100,000,000? YES______ NO_______ 4853-2582-9082v3/200855-0004 Resolution of the City Council of the City of South San Francisco, Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021 -01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, S tate of California, Determining the Necessity to Incur Bonded Indebtedness in an Amount Not to Exceed $105,000,000 Within the District and Calling an Election Therein WHEREAS, on January 27, 2021, the City Council of the City of South San Francisco (the “City Council”) adopted Resolution No. 18-2021 (the “Resolution of Intention”) stating its intention to form City of South San Francisco Community Facilities District No. 2021 -01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (“Community Facilities District No. 2021-01” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, on January 27, 2021, the City Council also adopted Resolution No. 19-2021 stating its intention to incur bonded indebtedness in the amount of up to $105,000,000 within proposed Community Facilities District No. 2021-01 to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of publi c facilities identified in Attachment B to the Resolution of Intention, and (2) the incidental expenses to be incurred in financing such public facilities and services and forming and administering the District, as identified in Attachment B to the Resolution of Intention; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2021-01 and to incur bonded indebtedness in the amount of up to $105,000,000 within the boundaries of proposed Community Facilities District No. 2021-01; and WHEREAS, on March 10, 2021, this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2021-01, issue bonds to pay for the facilities and incidental expenses described in the Resolution of Intention and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 2021-01 for the purposes described in the Resolution of Intention; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2021-01, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. ______ establishing Community Facilities District No. 2021-01 (the “Resolution of Formation”) and authorizing the financing of the public facilities (the “Facilities”) and the incidental expenses (the “Facilities Incidental Expenses”) described in Attachment A thereto; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of a proposition to issue bonded indebtedness to the voters of the District, being the landowners within the proposed District, all as authorized and required by law; NOW, THEREFORE, the City of South San Francisco, as the legislative body of City of South San 2 4853-2582-9082v3/200855-0004 Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, does hereby resolve as follows: 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $105,000,000 within Community Facilities District No. 2021-01. 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities and financing the Facilities Incidental Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of Community Facilities District No. 2021-01, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and paying credit enhancement fees and other expenses of the type authorized by Section 53345.3 of the Act. 3. The whole of the property within Community Facilities District No. 2021-01, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to the Resolution of Intention as Attachment C, shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. 4. The maximum term of the bonds to be issued shall in no event exceed 35 years or such longer term as is then permitted by law. 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable provision of law limiting the maximum interest rate on the bonds. 7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities District No. 2021-01 on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $105,000,000 shall be in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the election shall be consolidated with the special election called on the proposition of levying special taxes within the District as described in the Resolution of Formation, which proposition shall be in the form of Proposition B set forth in Attachment A, and on the proposition of establishing an appropriations limit for the District, which proposition shall be in the form of Proposition C set forth in Attachment A. 8. The date of the special election for Community Facilities District No. 2021-01 on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax and setting an appropriations limit shall be March 10, 2021, or such later date as is consented to by the City Clerk; provided that, if the election is to take place sooner than 90 days after March 10, 2021, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election imme diately following the public hearing on March 10, 2021. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of South San Francisco insofar as such provisions are determined by the City 3 4853-2582-9082v3/200855-0004 Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation, and this resolution and all ballots shall be received by and the City Clerk shall close the election by 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2021-01. The City Clerk has secured a certificate of the Registrar of Voters of the County of San Mateo certifying that there were no registered voters within the District as of January 6, 2021. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding March 10, 2021, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2021-01, as provided in Section 53326 of the Act. The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on March 10, 2021, which waiver is on file with the City Clerk. 9. This resolution shall take effect immediately upon its passage. * * * * * 4853-2582-9082v3/200855-0004 ATTACHMENT A BALLOT PROPOSITIONS CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Fra ncisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021-01 be an amount equal to $100,000,000? YES______ NO_______ 4838-7342-0506v3/200855-0004 Resolution of the City Council of the City of South San Francisco Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021 -01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, St ate of California Certifying Election Results WHEREAS, the City Council of the City of South San Francisco called and duly held an election on March 10, 2021 within the boundaries of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (“Community Facilities District No. 2021-01” or the “District”) pursuant to Resolution Nos. ______ and _______ for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B; NOW, THEREFORE, the City of South San Francisco, as the legislative body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, does hereby resolve as follows: 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. 2. Propositions A, B and C presented to the qualified electors of the District on March 10, 2021 were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special taxes described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax es authorized by Proposition B and to issue bonds in an amount not to exceed $105,000,000 specified in Proposition A. 3. The City Clerk is hereby directed to record in the Assessor-County Clerk-Recorder’s office of the County of San Mateo within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. * * * * * A-1 4838-7342-0506v3/200855-0004 ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021 -01 be an amount equal to $100,000,000? YES______ NO_______ B-1 4838-7342-0506v3/200855-0004 ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Rosa Govea Acosta, CMC, CPMC, City Clerk of the City of South San Francisco, do hereby certify that I have examined the returns of the Special Tax and Bond Election for City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”). The election was held in the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California 94080, on March 10, 2021. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A PROPOSITION B PROPOSITION C YES: YES: YES: NO: NO: NO: TOTAL: TOTAL: TOTAL: Dated this 10th day of March, 2021. Rosa Govea Acosta, CMC, CPMC, City Clerk City of South San Francisco 4846-1594-3386v4/200855-0004 Ordinance of the City Council of the City of South San Francisco, Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021 -01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California Authorizing the Levy of Special Taxes WHEREAS, on January 27, 2021, the City Council (the “City Council”) of the City of South San Francisco (the “City”) adopted Resolution No. 18-2021 (the “Resolution of Intention”) declaring its intention to form City of South San Francisco Community Facilities District No. 2021 -01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 19-2021 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on March 10, 2021, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of special taxes therein to finance certain public facilities and services described in Resolution No. 18-2021 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $105,000,000 of bonded indebtedness as described in Resolution No. 19-2021; and WHEREAS, at the March 10, 2021 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax es to finance the facilities and services described in Resolution No. 18-2021 and to secure the payment of up to $105,000,000 of bonded indebtedness of the District as described in Resolution No. 19-2021 (the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on March 10, 2021, the City Council adopted Resolution Nos. _______ and ______ which formed the District and called a special election within the District on March 10, 2021 on three propositions relating to the levy of a special tax within the District , the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS, on March 10, 2021, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of special taxes within the District for the purposes described in Resolution No. ________, the issuance of the Bonds as described in Resolution No. ________ and establishing an appropriations limit for the District; and NOW, THEREFORE, the City of South San Francisco, acting as the legislative body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, does hereby ordain as follows: 2 4846-1594-3386v4/200855-0004 1. The above recitals are all true and correct. 2. By the passage of this Ordinance, the City Council authorizes and levies the Special Tax A and the Special Tax B (as defined in the Rate and Method defined below) within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to the Resolution of Intention, which is incorporated by reference herein (the “Rate and Method”). The Special Tax A is hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District, and payment of all costs of admini stering the District. The Special Tax B is hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until terminated by the City Council. 3. Each of the Mayor, the City Manager, the Assistant City Manager (or any interim Assistant City Manager), or the Director of Finance, and any designee thereof (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific Special Tax A and Special Tax B rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The Special Tax A and Special Tax B rates levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rates set forth in the Rate and Method for such parcel, but each of the Special Tax A and Special Tax B may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of San Mateo and to otherwise take all actions necessary in order to effect proper billing and collection of Special Tax A and Special Tax B, so that Special Tax A and Special Tax B shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to Special Tax A, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. 4. Properties or entities of the state, federal or other local governments shall be exempt from Special Tax A and Special Tax B, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section E of the Rate and Method. No other properties or entities are exempt from Special Tax A and Special Tax B unless the properties or entities are expressly exempted in Resolution No. _______ or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. 5. All of the collections of Special Tax A and Special Tax B shall be used as provided for in the Act, the Rate and Method and Resolution No. ______. 6. The Special Tax A and the Special Tax B shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such pr ocedure may be modified by law or by this City Council from time to time. 3 4846-1594-3386v4/200855-0004 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. 8. The City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Examiner – South San Francisco, a newspaper of general circulation published and circulated in the City of South San Francisco. 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of San Mateo, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of t his Ordinance. 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. 12. This Ordinance shall take effect thirty days after its final passage. * * * * * o o o o o o o WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA The undersigned, Phillip Tate, acting on behalf of KR Oyster Point II, LLC (the "Owner"), hereby certifies to the City of South San Francisco (the "City"), with respect to the proposed formation of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Phillip Tate to act as its authorized representative to vote in the election referred to herein and certifies that Phillip Tate's true and exact signature ' fo to ; Signature of Phillip Tate: 2. The Owner is the present owner of 3.421 acres of land located within the proposed boundaries of the District. There are no registered voters residing within the territory owned by the Owner and have been none during the 90 -day period preceding March 10, 2021. 3. The Owner has received notice of the March 10, 2021 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the March 10, 2021 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 18-2021 and 19-2021 adopted by the City Council on January 27, 2021 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after March 10, 2021, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 10, 2021 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election 1 4840-3092-3229v2/200855-0004 which are not being complied with and consents to having the election on any date on or after the close of the March 10, 2021 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk or Deputy City Clerk. 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization of the special tax to finance facilities and the services for the benefit of the District or to repay bonded indebtedness issued by the District in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 18-2021 of the City Council of the City. Dated: March 10, 2021 KR OYSTER POINT II, LLC, a Delaware limited liability company By: Kilroy Realty, L.P., a Delaware limited partnership, its Sole Member By: Kilroy Realty Corporation, a Maryland, Corporation, its Gey oral rtr By: �� GAJ ltiC� Name: illkp TtV � ,n Title: 2 4840-3092-3229v2/200855-0004 EXHIBIT A SAMPLE BALLOT CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the "Rate and Method")) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES NO YES NO PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021-01 be an NO_ amount equal to $100,000,000? A-1 4840-3092-3229v2/200855-0004 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA The undersigned, Phillip Tate, acting on behalf of KR Oyster Point III, LLC (the "Owner"), hereby certifies to the City of South San Francisco (the "City"), with respect to the proposed formation of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Phillip Tate to act as its authorized representatftovot the election referred to herein and certifies that Phillip Tate's true and exact signatuel Signature of Phillip Tate: 2. The Owner is the present owner of 26.365 acres of land located within the proposed boundaries of the District. There are no registered voters residing within the territory owned by the Owner and have been none during the 90 -day period preceding March 10, 2021. 3. The Owner has received notice of the March 10, 2021 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the March 10, 2021 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 18-2021 and 19-2021 adopted by the City Council on January 27, 2021 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after March 10, 2021, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 10, 2021 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the 4836-9983-2285v2/200855-0004 close of the March 10, 2021 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk or Deputy City Clerk. 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization of the special tax to finance facilities and the services for the benefit of the District or to repay bonded indebtedness issued by the District in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 18-2021 of the City Council of the City. Dated: March 10, 2021 KR OYSTER POINT III, LLC, a Delaware limited liability company By: Kilroy Realty, L.P., a Delaware limited partnership, its Sole Member By: Kilroy Realty Corporation, a MarylNral oration, its Gen By: fT Name: hili'Tat Title: r7(��, 1-l� 2 4836-9983-2285v2/200855-0004 EXHIBIT A SAMPLE BALLOT CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the "Rate and Method")) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES M YES PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021-01 be an NO_ amount equal to $100,000,000? A-1 4836-9983-2285v2/200855-0004 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA The undersigned, Phillip Tate, acting on behalf of KR Crescent Beach, LLC (the "Owner"), hereby certifies to the City of South San Francisco (the "City"), with respect to the proposed formation of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Phillip Tate to act as its authorized representative to vote ' the electi n re erred to herein and certifies that Phillip Tate's true and exact sigrnatu is for ow: Signature of Phillip Tate: 2. The Owner is the present owner cV4.812 acres of land located within the proposed boundaries of the District. There are no registered voters residing within the territory owned by the Owner and have been none during the 90 -day period preceding March 10, 2021. 3. The Owner has received notice of the March 10, 2021 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the March 10, 2021 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 18-2021 and 19-2021 adopted by the City Council on January 27, 2021 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after March 10, 2021, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 10, 2021 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election 4818-0014-3325v2/200855-0004 which are not being complied with and consents to having the election on any date on or after the close of the March 10, 2021 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk or Deputy City Clerk. 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization of the special tax to finance facilities and the services for the benefit of the District or to repay bonded indebtedness issued by the District in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 18-2021 of the City Council of the City. Dated: March 10, 2021 KR CRESCENT BEACH, LLC, a Delaware limited liability company By: Kilroy Realty, L.P. a Delaware limited partnership, its Sole Member By: Kilroy Realty Corporation, a aryland o oration, itsM G ei By: 11 Name: Phillip Ta Title: '� & �uwL'l�A+ tii� t A 2 4818-0014-3325v2/200855-0004 EXHIBIT A SAMPLE BALLOT CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the "Rate and Method")) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES NO YES m PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021-01 be an NO amount equal to $100,000,000? A-1 4818-0014-3325v2/200855-0004 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA The undersigned, Phillip Tate, acting on behalf of Kilroy Realty L.P. (the "Owner"), hereby certifies to the City of South San Francisco (the "City"), with respect to the proposed formation of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Phillip Tate to act as its authorized representative to vote in the election referred to herein and certifies that Phillip Tate's true and exact signatur, -i et fq elow: Signature of Phillip Tate: 2. The Owner is the present owner of 10.16 acres of land located within the proposed boundaries of the District. There are no registered voters residing within the territory owned by the Owner and have been none during the 90 -day period preceding March 10, 2021. 3. The Owner has received notice of the March 10, 2021 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the March 10, 2021 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 18-2021 and 19-2021 adopted by the City Council on January 27, 2021 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after March 10, 2021, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 10, 2021 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election 1 4824-0379-5421v1/200855-0004 which are not being complied with and consents to having the election on any date on or after the close of the March 10, 2021 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk or Deputy City Clerk. 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization of the special tax to finance facilities and the services for the benefit of the District or to repay bonded indebtedness issued by the District in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 18-2021 of the City Council of the City. Dated: March 10, 2021 KILROY REALTY, L.P., a Delaware limited partnership By: Kilroy Realty Corporation, a Maryland corp o •atioil, its Gen ra rt e By: Name hiI ip Tate Title:—, f Nt, 2 4824-0379-5421v1/200855-0004 EXHIBIT A SAMPLE BALLOT CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the "Rate and Method")) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES NO 16W Iffej PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal NO_ to $100,000,000? A-1 4824-0379-5421v1/200855-0004 SPS E O CO 2 IIIIII 40 Tower Road San Mateo, CA 94402-4035 ■ Mark hurch phone 650.312.5222 fax 650.312.5348 C email registrar@smcare.org Chief Elections Officer & Assessor -County Clerk -Recorder web www.shapethefuture.org January 6, 2021 VIA EMAIL Nathan D. Perez DTA 5702 Tu bac Lane San Jose, CA 95118 Dear Mr. Perez, The County of San Mateo Registration &Elections Division verifies that there are zero (0) registered voters within the proposed boundaries of the City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), County of San Mateo, State of California, which include Assessor Parcels: 015-010-240 015-010-910 015-010-930 015-010-940 015-010-950 igne A Deputy Recorder Establishment of CFD No. 2021-01 (Oyster Point Development) Presentation to City Council Christina Fernandez, Assistant to City Manager Matt Griffin, SVP, Northern California, Kilroy Realty Brian Forbath,Stradling Yocca Carlson & Rauth 10 MARCH 2021 Government Code Section 54957.5 SB 343 Agenda: 3/10/2021 Reg CC Item #8 AGENDA 1 Overview of Project 2 Formation of Community Facilities District 3 Next Steps 4 Q&A 2 KILROY OYSTER POINT 3 1Overview of Project 10 building campus 50 acres set on South SF waterfront Two and a half million square feet KOP: Phase I 4 1Overview of Project Three buildings Approx. 660,000 square feet 100% leased Delivers Q4 2021 March 5th, 2021 KOP: Phase II 5 1Overview of Project KOP: Future Phases 6 1Overview of Project CFD 2021-01 7 2Formation of CFD Mello Roos Act of 1982 provides mechanism to finance public infrastructure and services through the formation of a Community Facilities District (a “CFD”) In 2011, the City entered into a Development Agreement with a predecessor in interest of Kilroy, pursuant to which the City agreed to cooperate in good faith to form a CFD to finance public infrastructure and services for Kilroy’s Oyster Point Development. In January 2021, Kilroy submitted a petition asking the City to form a CFD. January 27, 2021, the City adopted Resolutions of Intention to form the CFD and to Incur Bonded Indebtedness in an amount of not to exceed $105 million. Public Hearing set on the formation of the CFD for March 10, 2021. CFD 2021-01 8 2Formation of CFD TONIGHT’S ACTIONS Hold Public Hearing Determine no majority protest by 50% or more of the landowners in the CFD Adopt Resolution Establishing CFD 2021-1 and Resolution Determining Necessity to Incur Bonded Indebtedness Conduct Election San Mateo County Registrar of Voters has certified that there are zero (0) registered voters residing within the CFD Accordingly, the election is a landowner election where each landowner has one vote for each acre of land (or portion thereof) that it owns within the CFD All of the landowners have signed waivers consenting to holding the election immediately following the Public Hearing Adopt Resolution Certifying the Election Results Introduce and waive full reading of Ordinance authorizing the Levy of the Special Tax Next Steps 9 3Next Steps March 24, 2021 Enact Ordinance Authorizing the levy of the Special Tax and approve the Acquisition, Construction and Funding Agreement with Kilroy. RFP selection for bond underwriting firm. Begin process for issuing CFD Bonds in the 2nd or 3rd quarter of 2021. Return to Council for approval of the issuance of Bonds in 3rd or 4th quarter of 2021. QUESTIONS 10 4Q&A City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. Resolution of the City Council of the City of South San Francisco Establishing City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo,State of California,Authorizing the Levy of Special Taxes Therein,Calling an Election and Approving Certain Actions Related Thereto WHEREAS,the City Council (the “City Council”)of the City of South San Francisco (the “City”)has heretofore adopted Resolution No.18-2021 stating its intention to form City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo,State of California (“Community Facilities District No.2021-01”or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS,a copy of Resolution No.18-2021 setting forth a description of the proposed boundaries of Community Facilities District No.2021-01,the facilities,services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS,notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No.2021-01 and to levy certain special taxes and to incur bonded indebtedness in the amount of up to $105,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 18-2021; and WHEREAS,on March 10,2021,this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No.2021-01,the levy of special taxes therein and the issuance of bonded indebtedness by the District; and WHEREAS,at the March 10,2021 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Act (the “CFD Report”); and WHEREAS,at the March 10,2021 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No.2021-01,the levy of the special taxes and the issuance of bonded indebtedness were heard and full and fair hearings were held; and WHEREAS,following the public hearing,this City Council has determined to authorize the formation of the District to finance the types of facilities (the “Facilities”),services (the “Services”)and the incidental expenses (the “Incidental Expenses”)set forth in Attachment A hereto,which are described in more detail in the CFD Report; and City of South San Francisco Printed on 3/12/2021Page 1 of 6 powered by Legistar™ File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. WHEREAS,at the public hearing evidence was presented to this City Council on the matters before it,and the proposed special taxes to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act,and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District,the levy of the special taxes and the issuance of bonded indebtedness therein; and WHEREAS,this City Council has determined,based on a Certificate of Registrar of Voters of the County of San Mateo on file in the office of the City Clerk,that no registered voters have been residing in the proposed boundaries of Community Facilities District No.2021-01 for each of the 90 days prior to March 10,2021 and that the qualified electors in Community Facilities District No.2021-01 are the landowners within the District; and WHEREAS,on the basis of all of the foregoing,this City Council has determined to proceed with the establishment of Community Facilities District No.2021-01 and to call an election therein to authorize (i)the levy of special taxes pursuant to the rate and method of apportionment of the special tax,as set forth in Attachment C to Resolution No.18-2021 (the “Rate and Method”),(ii)the issuance of bonds to finance the Facilities and incidental expenses related thereto (the “Facilities Incidental Expenses”),and (iii)the establishment of an appropriations limit for Community Facilities District No. 2021-01; and WHEREAS,in order to facilitate the funding of the Facilities,the legislative body of the District desires to enter into an Acquisition,Construction and Acquisition Agreement (the “Acquisition Agreement”)with KR Oyster Point Developer,LLC,a Delaware limited liability company (the “Developer”)and the form of the Acquisition Agreement is on file with the City Clerk; and NOW, THEREFORE, the City of South San Francisco, does hereby resolve as follows: 1.Each of the above recitals is true and correct. 2.A community facilities district to be designated “City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco,County of San Mateo,State of California”is hereby established pursuant to the Act.The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law,including the Act.This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. 3.The boundaries of Community Facilities District No.2021-01 are established as shown on the map designated “Proposed Boundaries of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),County of San Mateo,State of California”,which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk- Recorder’s office of the County of San Mateo in Book No.18 Page No.70 on February 19,2021 as Instrument No. 2021-900012. 4.The types of Facilities,Services,Facilities Incidental Expenses and the incidental expenses related to the Services (the “Services Incidental Expenses”and together with the Facilities Incidental Expenses,the “Incidental Expenses”)authorized to be provided for Community Facilities District No.2021-01 are those set forth in Attachment A attached hereto.The estimated cost of the Facilities,the Services and Incidental City of South San Francisco Printed on 3/12/2021Page 2 of 6 powered by Legistar™ File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. forth in Attachment A attached hereto.The estimated cost of the Facilities,the Services and Incidental Expenses to be financed is set forth in the CFD Report,which estimates may change as the Facilities are designed and bid for construction and acquisition, and the Services are implemented, as applicable. The City is authorized by the Act to contribute revenue to,or to construct or acquire the Facilities,all in accordance with the Act.The City Council finds and determines that the proposed Facilities and Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities and Services to be financed benefit residents of the City and the property within the District. 5.Except where funds are otherwise available,it is the intention of this City Council,subject to the approval of the eligible voters of the District,to levy annually the Special Tax A and the Special Tax B (as such terms are defined in the Rate and Method)at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for (i)the Services and the Facilities,(ii)the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Facilities Incidental Expenses,including the establishment and replenishment of reserve funds,any credit enhancement fees and other expenses of the type permitted by Section 53345.3 of the Act;and (iii)the Incidental Expenses.The District expects to incur,and in certain cases has already incurred,Incidental Expenses in connection with the creation of the District,the issuance of bonds,the levying and collecting of the special taxes,the completion and inspection of the Facilities and the annual administration of the bonds and the District.The Rate and Method is described in detail in Attachment C to Resolution No.18-2021 and incorporated herein by this reference,and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel.As described in greater detail in the CFD Report,which is incorporated by reference herein,the Special Tax A and Special Tax B are based on the expected demand that each parcel of real property within Community Facilities District No.2021-01 will place on the Facilities,the Services and on the benefit that each parcel will derive from the right to access the Facilities and the Services and,accordingly,is hereby determined to be reasonable. The Special Tax A shall be levied on each assessor’s parcel in accordance with the Rate and Method provided, however,that the Special Tax A shall not be levied after Fiscal Year 2070-71.The Special Tax B shall be levied in perpetuity.The Special Tax A and the Special Tax B are apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special taxes are not based upon the ownership of real property or the assessed value of real property. If Special Tax A is levied against any parcel used for private residential purposes,(i)the maximum Special Tax A rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax A because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method,(ii)the Special Tax A shall not be levied after Fiscal Year 2070-71,and (iii)under no circumstances will the Special Tax A levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. If Special Tax B is levied against any parcel used for private residential purposes,(i)the maximum Special Tax B rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax B because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method,and (ii)under no circumstances will the Special Tax B levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District City of South San Francisco Printed on 3/12/2021Page 3 of 6 powered by Legistar™ File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The City Manager of the City of South San Francisco,will be responsible for preparing annually,or authorizing a designee to prepare,a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 6.In the event that a portion of the property within Community Facilities District No.2021-01 shall become for any reason exempt,wholly or partially,from the levy of the Special Tax A specified in the Rate and Method,or in the event of delinquencies in the payment of Special Tax A levied,the City Council shall,on behalf of Community Facilities District No.2021-01,increase the levy of Special Tax A to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No.2021-01 which is not exempt or delinquent in an amount not to exceed the Maximum Special Tax A in order to yield the required debt service payments on any outstanding bonds of the District,or to prevent the District from defaulting on any of its other obligations or liabilities payable from the Special Tax A;provided, however,under no circumstances will the Special Tax A levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.The amount of the Special Tax A will be set in accordance with the Rate and Method.The obligation to pay Special Tax A may be prepaid only as set forth in Section H of the Rate and Method. 7.In the event that a portion of the property within Community Facilities District No.2021-01 shall become for any reason exempt,wholly or partially,from the levy of the Special Tax B specified in the Rate and Method,or in the event of delinquencies in the payment of Special Tax B levied,the City Council shall,on behalf of Community Facilities District No.2021-01,increase the levy of Special Tax B to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No.2021-01 which is not exempt or delinquent in an amount not to exceed the Maximum Special Tax B in order to prevent the District from defaulting on any of its obligations or liabilities payable from the Special Tax B;provided,however,under no circumstances will the Special Tax B levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.The amount of the Special Tax B will be set in accordance with the Rate and Method. The obligation to pay Special Tax B may not be prepaid. 8.Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code,a continuing lien to secure each levy of Special Tax A shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax A obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax A by the District ceases. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code,a continuing lien to secure each levy of Special Tax B shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the lien is canceled in accordance with law or until collection of the Special Tax B by the District ceases. City of South San Francisco Printed on 3/12/2021Page 4 of 6 powered by Legistar™ File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. 9.It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No.2021-01 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No.2021-01 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2021-01. 10.Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half (1/2)or more of the area of land within the District.The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. 11.An election is hereby called for Community Facilities District No.2021-01 on the propositions of levying the Special Tax A and Special Tax B on the property within Community Facilities District No.2021-01 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness,pursuant to Sections 53351 and 53353.5 of the Act.The language of the propositions to be placed on the ballot is attached hereto as Attachment B. 12.The date of the election for Community Facilities District No.2021-01 on the propositions of incurring the bonded indebtedness,authorizing the levy of the Special Tax and establishing an appropriations limit for the District shall be March 10,2021,or such later date as is consented to by the City Clerk of the City of South San Francisco;provided that,if the election is to take place sooner than 90 days after March 10,2021,then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the close of the public hearing on March 10, 2021.The election shall be conducted by the City Clerk.Except as otherwise provided by the Act,the election shall be conducted in accordance with the provisions of law regulating elections of the City of South San Francisco insofar as such provisions are determined by the City Clerk to be applicable.The City Clerk is authorized to conduct the election following the adoption of this resolution,and all ballots shall be received by, and the City Clerk shall close the election by,11:00 p.m.on the election day;provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d)of the Act. Pursuant to Section 53326 of the Act,the ballots for the special election shall be distributed in person,or by mail with return postage prepaid,to the qualified electors within Community Facilities District No.2021-01. The City Clerk has secured a certificate from the Registrar of Voters of the County of San Mateo certifying that there were no registered voters within the District as of January 6,2021.Accordingly,since there were fewer than 12 registered voters within the District for each of the 90 days preceding March 10,2021,the qualified electors shall be the landowners within the District and each landowner,or the authorized representative thereof,shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No.2021-01,as provided in Section 53326 of the Act.The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on March 10, 2021, which waiver is on file with the City Clerk. 13.The preparation of the CFD Report is hereby ratified.The CFD Report,as submitted,is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No.2021-01.The CFD Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. 14.The form of the Acquisition Agreement on file with the City Clerk is approved as to form,and Mayor of City of South San Francisco Printed on 3/12/2021Page 5 of 6 powered by Legistar™ File #:21-178 Agenda Date:3/10/2021 Version:1 Item #:8a. 14.The form of the Acquisition Agreement on file with the City Clerk is approved as to form,and Mayor of the City,or such other member of the City Council as the Mayor may designate,the City Manager,the Assistant City Manager (or any interim Assistant City Manager),and the Director of Finance,and any designee thereof, is authorized to execute the Acquisition Agreement in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same,with the approval of such changes to be conclusively evidenced by the execution and delivery thereof. 15.This resolution shall take effect immediately upon its passage. ***** City of South San Francisco Printed on 3/12/2021Page 6 of 6 powered by Legistar™ ATTACHMENT A Types of Facilities To Be Financed By City of South San Francisco Community Facilities District No. 2021‐01 (Public Facilities and Services) The facilities set forth below (the “Facilities”) are proposed to be financed or funded in whole or in part by City of South San Francisco, County of San Mateo, State of California” (the “District”). The authorized Facilities shall be owned and operated by the City or another public agency, and shall be constructed, whether or not acquired in a completed state, pursuant to the plans and specifications approved by the City and its officials. I. Roadway and Transportation Improvements Authorized Facilities include any and all on‐site and off‐site publicly‐owned roadway and transportation facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; clearing, grubbing, and demolition; grading, soil import/export; paving, and decorative/enhanced pavement concrete and/or pavers; bridge crossings and culverts; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off‐site); enhanced fencing, and access ramps; street lights; intersections, signalization, and traffic signal control systems; bus turnouts and bus shelters; signs and striping; erosion control; median and landscape corridor landscaping and irrigation; masonry walls; traffic control and agency fees; and other improvements related thereto. II. Water System Improvements Authorized Facilities include any and all water facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; potable water storage, groundwater wells, storage tanks, distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto III. Recycled Water System Improvements Authorized Facilities include any and all recycled water system facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; recycled water storage, treatment and distribution facilities including pipelines and appurtenances, gate valves, storage tanks, flow meters, booster pump pressurization system, and other improvements related thereto. IV. Drainage System Improvements Authorized Facilities include any and all drainage and storm drain improvements required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; mains, pipelines and appurtenances; outfalls and water quality measures; temporary drainage facilities; detention/retention basins and drainage pretreatment facilities; drainage ways/channels; pump stations; landscaping and irrigation; access roads, gates, and fencing; striping and signage; and other improvements related thereto where required. V. Wastewater System Improvements Authorized Facilities include on‐site and off‐site facilities required to meet the conveyance needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; pipelines and all appurtenances thereto; manholes; tie‐in to existing main line; force mains; lift stations; odor control facilities; sewer treatment plant improvements; and other improvements related thereto. VI. Parks, Trails, Landscaping, and Open Space Improvements Authorized Facilities include on‐site and off‐site park, trail, landscaping and open space facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; grading; turf and irrigation; trees and shrubs; sidewalks pathways and trails: masonry sound walls; sports fields, sport courts, playground equipment, picnic areas, benches, drinking fountain and bathrooms; other related hard and soft‐scape improvements along roadways and adjacent to or within parks, open space, drainage channels and detention basins; bike trails, bike/pedestrian bridges; storm drain crossings; publicly‐owned improvements required for wetland mitigation, tree mitigation, off‐site hawk mitigation, and/or agricultural mitigation; landscaping and irrigation, access gates and fencing and related open space improvements. VII. Fire Station Fire Facilities, including but not limited to fire stations, apparatus, and facilities and equipment required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; construction; relocation; rehabilitation; replacement; leasing; repair; planning; design; engineering; soils testing; construction staking; construction coordination and inspection; furniture, fixtures, and equipment; and other improvements related thereto. VIII. Impact Fees The District will also finance any fees payable to the City, the proceeds of which will be used to fund all or a portion of the cost of any Facilities described above. 1. Traffic or Transportation Impact Fee 2. Oyster Point Grade Separation Fee 3. East of 101 Sewer Impact Fee 4. Sewer Capacity Fee 5. Bicycle and Pedestrian Impact Fee 6. Parkland Acquisition & Construction Fee 7. Public Art/Transit Enhancement Fee 8. Childcare Impact Fee 9. Public Safety Impact Fee 10. Mass Decontamination Fee IX. Other Public Improvements Any and all other public improvements authorized under the Mello‐Roos Community Facilities Act of 1982 and otherwise necessary to meet the needs of development within the District. X. Private Utility Facilities 1. Natural Gas Distribution 2. Electrical Distribution 3. Telephone 4. Cable Television 5. Other Private Utility Facilities as Authorized by the Mello‐Roos Act XI. Administrative and Incidental Expenses In addition to the above Facilities and services, other incidental expenses that may be financed by the District include but are not limited to the following: the cost of planning, permitting, approving and designing the authorized Facilities (including the cost of environmental evaluation, orthophotography, environmental remediation/mitigation); land acquisition and easement payments for authorized Facilities; project management, construction staking; engineering studies; utility relocation and demolition costs incidental to the construction of the public Facilities; and any other expenses incidental to the construction, completion, and inspection of the Facilities and related expenses associated with any of the foregoing. In addition, the District shall fund the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District including, but not limited to: the levy and collection of the special taxes; the fees and expenses of attorneys; any fees related to the collection of special taxes; an allocable share of the salaries and benefits of any City staff, or consultant fees, directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto; expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent; administrative fees of the City and the bond trustee or fiscal agent related to the District and the bonds issued by or for the District; costs related to the formation of the District; reimbursement of costs related to the formation of the District advanced by City, the landowner(s) in the District or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the District or any party related to any of the foregoing, for Facilities, fees or other purposes or costs of the District; costs related to the issuance of bonds by or for the District, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, fees and expenses of bond counsel, disclosure counsel, special tax consultant, municipal advisor and appraiser, bond remarketing costs, and all other incidental expenses; and all other costs and expenses of the City in any way related to the District. Types of Services To Be Financed By City of South San Francisco Community Facilities District No. 2021‐01 (Public Facilities and Services) The services authorized to be funded by City of South San Francisco, County of San Mateo, State of California” (the “District”) and paid by the Special Taxes levied within the District (the “Services”) are described below. For purposes of the District, the Services shall incorporate and have the meaning given to the term “services” in section 53313 of the Mello-Roos Community Facilities Act of 1982. 1. Police protection services. 1. Maintenance and lighting of parks, parkways, streets, roads, and open space, including without limitation: Roadway maintenance, Streetlight maintenance and operations, Traffic signal maintenance and operations, Parks, waterfront and Bay Trail maintenance, Landscaping, parkway, median and open space maintenance, including erosion prevention, Public surface parking maintenance, and Operation and maintenance of public restroom buildings, 2. Operation and maintenance of storm drainage systems. The cost of the Services shall include all related administrative costs and expenses, necessary utility (water and electricity) costs, and related reserves for replacement of vehicles, equipment and facilities.. ATTACHMENT B BALLOT PROPOSITIONS CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021‐01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18‐2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18‐2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18‐2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021‐22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $100,000,000? YES______ NO_______ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-179 Agenda Date:3/10/2021 Version:1 Item #:8b. Resolution of the City Council of the City of South San Francisco,Acting as the Legislative Body of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco,County of San Mateo,State of California,Determining the Necessity to Incur Bonded Indebtedness in an Amount Not to Exceed $105,000,000 Within the District and Calling an Election Therein. WHEREAS,on January 27,2021,the City Council of the City of South San Francisco (the “City Council”) adopted Resolution No.18-2021 (the “Resolution of Intention”)stating its intention to form City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco,County of San Mateo,State of California (“Community Facilities District No.2021-01”or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS,on January 27,2021,the City Council also adopted Resolution No.19-2021 stating its intention to incur bonded indebtedness in the amount of up to $105,000,000 within proposed Community Facilities District No.2021-01 to finance (1)the purchase,construction,modification,expansion,improvement or rehabilitation of public facilities identified in Attachment B to the Resolution of Intention,and (2)the incidental expenses to be incurred in financing such public facilities and services and forming and administering the District,as identified in Attachment B to the Resolution of Intention; and WHEREAS,notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No.2021-01 and to incur bonded indebtedness in the amount of up to $105,000,000 within the boundaries of proposed Community Facilities District No. 2021-01; and WHEREAS,on March 10,2021,this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No.2021-01,issue bonds to pay for the facilities and incidental expenses described in the Resolution of Intention and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No.2021-01 for the purposes described in the Resolution of Intention; and WHEREAS,at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No.2021-01,the levy of a special tax and the issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and WHEREAS,the City Council subsequent to such hearing adopted Resolution No.53-2021 establishing Community Facilities District No.2021-01 (the “Resolution of Formation”)and authorizing the financing of the public facilities (the “Facilities”)and the incidental expenses (the “Facilities Incidental Expenses”) described in Attachment A thereto; and WHEREAS,the City Council desires to make the necessary findings to incur bonded indebtedness within theCity of South San Francisco Printed on 3/26/2021Page 1 of 3 powered by Legistar™ File #:21-179 Agenda Date:3/10/2021 Version:1 Item #:8b. WHEREAS,the City Council desires to make the necessary findings to incur bonded indebtedness within the District,to declare the purpose for said debt,and to authorize the submittal of a proposition to issue bonded indebtedness to the voters of the District,being the landowners within the proposed District,all as authorized and required by law; NOW,THEREFORE,the City of South San Francisco,as the legislative body of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo, does hereby resolve as follows: 1.It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $105,000,000 within Community Facilities District No. 2021-01. 2.The indebtedness is to be incurred for the purpose of financing the costs of purchasing,constructing, modifying,expanding,improving,or rehabilitating the Facilities and financing the Facilities Incidental Expenses,as described in the Resolution of Formation,and carrying out the powers and purposes of Community Facilities District No.2021-01,including,but not limited to,financing the costs of selling the bonds,establishing and replenishing bond reserve funds and paying credit enhancement fees and other expenses of the type authorized by Section 53345.3 of the Act. 3.The whole of the property within Community Facilities District No.2021-01,other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to the Resolution of Intention as Attachment C,shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. 4.The maximum term of the bonds to be issued shall in no event exceed 35 years or such longer term as is then permitted by law. 5.The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law,payable annually or semiannually,or in part annually and in part semiannually,except the first interest payment may be for a period of less than six months,with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. 6.The bonds may bear a variable or fixed interest rate,provided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act,or any other applicable provision of law limiting the maximum interest rate on the bonds. 7.Pursuant to Section 53351 of the Act,a special election is hereby called for Community Facilities District No.2021-01 on the proposition of incurring the bonded indebtedness.The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $105,000,000 shall be in the form of Proposition A set forth in Attachment A hereto.In accordance with Sections 53351(h)and 53353.5 of the Act,the election shall be consolidated with the special election called on the proposition of levying special taxes within the District as described in the Resolution of Formation,which proposition shall be in the form of Proposition B set forth in Attachment A,and on the proposition of establishing an appropriations limit for the District, which proposition shall be in the form of Proposition C set forth in Attachment A. 8.The date of the special election for Community Facilities District No.2021-01 on the propositions of incurring the bonded indebtedness,authorizing the levy of the special tax and setting an appropriations limit shall be March 10,2021,or such later date as is consented to by the City Clerk;provided that,if the election is City of South San Francisco Printed on 3/26/2021Page 2 of 3 powered by Legistar™ File #:21-179 Agenda Date:3/10/2021 Version:1 Item #:8b. shall be March 10,2021,or such later date as is consented to by the City Clerk;provided that,if the election is to take place sooner than 90 days after March 10,2021,then the unanimous written consent of each qualified elector within the District to such election date must be obtained.The polls shall be open for said election immediately following the public hearing on March 10,2021.The election shall be conducted by the City Clerk.Except as otherwise provided by the Act,the election shall be conducted in accordance with the provisions of law regulating elections of the City of South San Francisco insofar as such provisions are determined by the City Clerk to be applicable.The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation,and this resolution and all ballots shall be received by and the City Clerk shall close the election by 11:00 p.m.on the election day;provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d)of the Act.Pursuant to Section 53326 of the Act,the ballots for the special election shall be distributed in person,or by mail with return postage prepaid,to the qualified electors within Community Facilities District No.2021-01.The City Clerk has secured a certificate of the Registrar of Voters of the County of San Mateo certifying that there were no registered voters within the District as of January 6,2021.Accordingly,since there were fewer than 12 registered voters within the District for each of the 90 days preceding March 10,2021,the qualified electors shall be the landowners within the District and each landowner,or the authorized representative thereof,shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No.2021-01,as provided in Section 53326 of the Act.The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on March 10, 2021, which waiver is on file with the City Clerk. 9.This resolution shall take effect immediately upon its passage. ***** City of South San Francisco Printed on 3/26/2021Page 3 of 3 powered by Legistar™ ATTACHMENT A BALLOT PROPOSITIONS CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18- 2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021- 01 be an amount equal to $100,000,000? YES______ NO_______ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-198 Agenda Date:3/10/2021 Version:1 Item #:8c. Resolution of the City Council of the City of South San Francisco Acting as the Legislative Body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California Certifying Election Results. WHEREAS,the City Council of the City of South San Francisco called and duly held an election on March 10, 2021 within the boundaries of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco,County of San Mateo,State of California (“Community Facilities District No.2021-01”or the “District”)pursuant to Resolution Nos.53-2021 and 54-2021 for the purpose of presenting to the qualified electors within the District Propositions A,B and C,attached hereto as Attachment A; and WHEREAS,there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B; NOW,THEREFORE,the City of South San Francisco,as the legislative body of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo, does hereby resolve as follows: 1.Each of the above recitals is true and correct and is adopted by the legislative body of the District. 2.Propositions A,B and C presented to the qualified electors of the District on March 10,2021 were approved by more than two-thirds of the votes cast at said election and Propositions A,B and C each has carried.The City Council,acting as the legislative body of the District,is hereby authorized to levy on the land within the District the special taxes described in Proposition B for the purposes described therein and to take the necessary steps to levy the special taxes authorized by Proposition B and to issue bonds in an amount not to exceed $105,000,000 specified in Proposition A. 3.The City Clerk is hereby directed to record in the Assessor-County Clerk-Recorder’s office of the County of San Mateo within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. ***** City of South San Francisco Printed on 3/26/2021Page 1 of 1 powered by Legistar™ ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SPECIAL TAX AND SPECIAL BOND ELECTION March 10, 2021 PROPOSITION A: Shall City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $105,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Facilities Incidental Expenses described in Resolution No. 18-2021 of the City Council of the City of South San Francisco? PROPOSITION B: Shall a Special Tax A and a Special Tax B (as such terms are defined in the rate and method of apportionment of special taxes for the District (the “Rate and Method”)) as provided in Resolution No. 18-2021 of the City Council of the City of South San Francisco be levied in accordance with the Rate and Method to pay for the Facilities, the Services and Incidental Expenses and other purposes described in Resolution No. 18-2021, including the payment of the principal of and interest on bonds issued to finance the Facilities and Facilities Incidental Expenses? YES______ NO_______ YES______ NO_______ PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District No. 2021-01 be an amount equal to $100,000,000? YES______ NO_______ ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Rosa Govea Acosta, CMC, CPMC, City Clerk of the City of South San Francisco, do hereby certify that I have examined the returns of the Special Tax and Bond Election for City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California (the “District”). The election was held in the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California 94080, on March 10, 2021. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A PROPOSITION B PROPOSITION C YES: YES: YES: NO: NO: NO: TOTAL: TOTAL: TOTAL: Dated this 10th day of March, 2021. Rosa Govea Acosta, CMC, CPMC, City Clerk City of South San Francisco City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-180 Agenda Date:3/10/2021 Version:1 Item #:8d. Ordinance of the City Council of the City of South San Francisco,Acting as the Legislative Body of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo, State of California Authorizing the Levy of Special Taxes WHEREAS,on January 27,2021,the City Council (the “City Council”)of the City of South San Francisco (the “City”)adopted Resolution No.18-2021 (the “Resolution of Intention”)declaring its intention to form City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco,County of San Mateo,State of California (the “District”)pursuant to the Mello-Roos Community Facilities Act of 1982,as amended,comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”),and its Resolution No.19-2021 declaring its intention to incur bonded indebtedness for the District; and WHEREAS,on March 10,2021,after providing all notice required by the Act,the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District,the proposed levy of special taxes therein to finance certain public facilities and services described in Resolution No.18-2021 and to secure the payment of any bonded indebtedness of the District,and the proposed issuance of up to $105,000,000 of bonded indebtedness as described in Resolution No. 19-2021; and WHEREAS,at the March 10,2021 public hearing,all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special taxes to finance the facilities and services described in Resolution No.18-2021 and to secure the payment of up to $105,000,000 of bonded indebtedness of the District as described in Resolution No.19-2021 (the “Bonds”)were heard and a full and fair hearing was held; and WHEREAS,on March 10,2021,the City Council adopted Resolution Nos._______and ______which formed the District and called a special election within the District on March 10,2021 on three propositions relating to the levy of a special tax within the District,the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS,on March 10,2021,a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A,B and C authorizing the levy of special taxes within the District for the purposes described in Resolution No.________,the issuance of the Bonds as described in Resolution No. ________ and establishing an appropriations limit for the District; and NOW,THEREFORE,the City of South San Francisco,acting as the legislative body of City of South San Francisco Community Facilities District No.2021-01 (Public Facilities and Services),City of South San Francisco, County of San Mateo, does hereby ordain as follows: 1.The above recitals are all true and correct. 2.By the passage of this Ordinance,the City Council authorizes and levies the Special Tax A and the Special Tax B (as defined in the Rate and Method defined below)within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth inCity of South San Francisco Printed on 3/11/2021Page 1 of 3 powered by Legistar™ File #:21-180 Agenda Date:3/10/2021 Version:1 Item #:8d. and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to the Resolution of Intention,which is incorporated by reference herein (the “Rate and Method”).The Special Tax A is hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds),payment of all costs of the public facilities authorized to be financed by the District,and payment of all costs of administering the District.The Special Tax B is hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until terminated by the City Council. 3.Each of the Mayor,the City Manager,the Assistant City Manager (or any interim Assistant City Manager),or the Director of Finance,and any designee thereof (each,an “Authorized Officer”),acting alone,is hereby authorized and directed each fiscal year to determine the specific Special Tax A and Special Tax B rates and amounts to be levied in such fiscal year on each parcel of real property within the District,in the manner and as provided in the Rate and Method.The Special Tax A and Special Tax B rates levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rates set forth in the Rate and Method for such parcel, but each of the Special Tax A and Special Tax B may be levied at a lower rate.Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of San Mateo and to otherwise take all actions necessary in order to effect proper billing and collection of Special Tax A and Special Tax B,so that Special Tax A and Special Tax B shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to Special Tax A,until the Bonds are paid in full,the facilities have been paid for,and provision has been made for payment of all of the administrative costs of the District. 4.Properties or entities of the state,federal or other local governments shall be exempt from Special Tax A and Special Tax B,except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section E of the Rate and Method.No other properties or entities are exempt from Special Tax A and Special Tax B unless the properties or entities are expressly exempted in Resolution No._______or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. 5.All of the collections of Special Tax A and Special Tax B shall be used as provided for in the Act,the Rate and Method and Resolution No. ______. 6.The Special Tax A and the Special Tax B shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure,sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections,including,but not limited to,the issuance of amended or supplemental tax bills),as such procedure may be modified by law or by this City Council from time to time. 7.As a cumulative remedy,if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds),together with any penalties and other charges accruing under this Ordinance,are not paid when due,the City Council may,not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. 8.The City Clerk shall cause the same to be published within fifteen (15)days after its passage at least once in The Examiner -South San Francisco,a newspaper of general circulation published and circulated in the City of South San Francisco Printed on 3/11/2021Page 2 of 3 powered by Legistar™ File #:21-180 Agenda Date:3/10/2021 Version:1 Item #:8d. City of South San Francisco. 9.The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. 10.The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of San Mateo,and to perform all other acts which are required by the Act,this Ordinance or by law in order to accomplish the purpose of this Ordinance. 11.A full reading of this Ordinance is dispensed with prior to its final passage,a written or printed copy having been available to the City Council and the public a day prior to its final passage. 12.This Ordinance shall take effect thirty days after its final passage. ***** City of South San Francisco Printed on 3/11/2021Page 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 #:21-77 Agenda Date:3/10/2021 Version:1 Item #:9. Report regarding acceptance of the 2020 Housing Element and General Plan Annual Progress Report.(Tony Rozzi, Chief Planner) RECOMMENDATION Staff recommends that the City Council, by motion: 1.Accept the 2020 Housing Element and General Plan Annual Progress Report; and 2.Authorize its transmittal to the California Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). BACKGROUND California Government Code Section 65400 requires that an Annual Progress Report (APR)be prepared on the status and progress of implementation of the current Housing Element and General Plan.The APR must be submitted to the City Council,the State Office of Planning and Research (OPR),and the California Department of Housing and Community Development (HCD)by April 1st of each year (with a 60 day grace period).The City intends to file the APR before the April 1st deadline. The APR is included as Attachments 1 and 2. Housing Element Compliance with HCD Guidelines The South San Francisco Housing Element covers the period of 2015-2023,and this APR represents the yearly update on housing production.The formatting for the report continues to evolve to match the state’s high priority for new housing units.This APR provides a comprehensive view of entitlement and building permitting activity.The Annual Housing Element Progress Report (Attachment 1 in PDF and Attachment 2 in Excel) includes the following tables: ·Table A - Housing Development Applications Submitted ·Table A2 -Annual Building Activity,including completed entitlements,issued building permits,and issued Certificates of Occupancy ·Table B - Summary of all units permitted by affordability for RHNA cycle of 2015-2023 ·Table C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need - Not Applicable to SSF ·Table D - Program Implementation Status ·Table E - Commercial Development Density Bonus Approved - None ·Table F - Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites for RHNA - None ·Table G -Locally Owned Lands including in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of - None ·Summary Tab of Entitled Units, Submitted Applications and SB 35 Streamlining Provisions The Housing Element Progress Report is informational only and does not change adopted policies or authorize any action or expenditure of funds. Housing Element and Regional Planning California requires each jurisdiction to prepare a Housing Element as part of its General Plan in order to ensure that all jurisdictions are planning for the projected housing demand throughout the State.Unlike other elements City of South San Francisco Printed on 4/21/2021Page 1 of 4 powered by Legistar™ File #:21-77 Agenda Date:3/10/2021 Version:1 Item #:9. that all jurisdictions are planning for the projected housing demand throughout the State.Unlike other elements of a General Plan,the Housing Element must be updated by deadlines set by the State.The process begins with the State advising a region of their Regional Housing Needs Allocation (RHNA),which is the estimated number of housing units that will be needed over the planning period.A total of 1,864 units are needed for South San Francisco during the 2015-23 cycle.The Housing Element does not require that these units are built during the allocation cycle.The Housing Element only requires that a City have zoning in place to ensure that the RHNA allocation can be constructed on adequate sites with permissible zoning regulations. Regional Housing Needs Allocation Progress Summary The City is reporting 50 building permits for new residential units -the majority of these permitted units were Accessory Dwelling Units (ADUs)and three single family home or infill units.Several of the reported ADU units were mistakenly unreported during the 2019 reporting period and are being captured in 2020 to give the City credit for units produced. In 2020,30 permits were finaled or issued certificate of occupancy and this included 27 ADUs and 3 single family homes or infill units. Additionally,the City has received 8 applications for new housing construction,totaling 591 potential units.At the close of 2020,the City had issued building permits for 55%of the expected housing units for the City for a total of 1027 units out of the 1,864 units allocated through RHNA. This is the reporting year for 2020, the sixth year of the nine year reporting cycle: 1.The City has fulfilled expectations for the Above Moderate housing category,issuing permits for 837 units (RHNA allocation is 705 units). 2.The City has not fulfilled expectations for Very Low and Low housing categories,issuing permits for 85 units (RHNA allocation is 565 Very Low and 281 Low for a total of 846).This is unchanged from the 2019 Annual Progress Report. 3.Understanding our pipeline,it is unlikely that these low and very low income units will be produced during the RHNA cycle.Issuance of permits for the L37/Kasa project would produce 158 units in these categories and boost City production of low income units but that issuance date could happen at the very end of this RHNA cycle or in the new Cycle 6 covering the years 2023-2031. 4.There are no penalties for not providing low income units but state legislation SB 35 does create streamlining requirements for cities that do not produce housing.However,if the latest production report submitted by the agency reflects that fewer units of below moderate housing (80%of median income and below)were issued building permits than required by the RHNA during the reporting period,then any project that provides 50%of the proposed units as affordable will be given streamlined and limited review by state law.South San Francisco falls within this category since permits have been issued for only 10% of low income categories through 2019. Program Implementation Status Table D of the Housing Element Progress Report provides the status of implementing the current Housing Element programs.Most programs are implemented and monitored on an ongoing basis;however,some programs have deliverable dates prior to the end of the Housing Element cycle of 2023 and those have been City of South San Francisco Printed on 4/21/2021Page 2 of 4 powered by Legistar™ File #:21-77 Agenda Date:3/10/2021 Version:1 Item #:9. completed. General Plan Compliance with Adopted OPR Guidelines The South San Francisco General Plan contains the State mandated Land Use,Transportation (Circulation), Open Space and Conservation,Noise,and Health and Safety Elements.Additional local elements include: Planning Sub-Areas;Parks,Public Facilities and Services;and Economic Development,which are not covered by the OPR guidelines.The existing General Plan was adopted by the City Council in 1999,and the respective elements have been revised intermittently since that time. OPR adopted General Plan Guidelines in 2003,updated in 2017,for use by local jurisdictions in the preparation of their general plans.The Guidelines are permissive,not mandatory and are quite extensive.According to Staff analysis,the 1999 South San Francisco General Plan is in compliance with the adopted OPR Guidelines in most respects,however it is in partial and non-compliance in several instances.Attachment 2 includes a checklist indicating the degree of compliance of the existing South San Francisco General Plan with each Guideline requirement.The City is currently in the process of preparing the 2040 General Plan update,which will bring the General Plan into full compliance with the Guidelines. The last revision of the South San Francisco General Plan elements (not including the Housing Element)was adopted by the City Council on February 28,2018,in relation to a change in the allowed density within the Downtown Station Area Specific Plan (DSASP).Following are the last revisions made to each of the elements in the General Plan. Element Title Last Revision Date Land Use Feb 28, 2018 (Revision to DSASP) Planning Sub-Areas Feb 28, 2018 (Revision to DSASP) Transportation Jan 28, 2015 (Adoption of DSASP) Parks, Public Facilities and Services July 22, 2015 (Adoption of Parks & Rec Master Plan) Economic Development n/a Open Space and Conservation Feb 12, 2014 (Adoption of Climate Action Plan) Health and Safety n/a Noise March 24, 2010 (Adoption of South ECR GPA) FUNDING Submittal of the Annual Progress Report to OPR and HCD will have no financial impact on the City but does continue to make the City eligible for regional grant funding. CONCLUSION Staff recommends that the City Council,by motion,accept the 2020 Housing Element and General Plan Annual Progress Report on the implementation of the Housing Element and General Plan and authorize its transmittal to the California Governor’s Office of Planning and Research and the California Department of Housing and Community Development. Attachment 1.Annual Housing Element Progress Report for 2020 in PDF format 2.Annual Housing Element Progress Report for 2020 in Excel - tabbed sheets 3.Analysis of South San Francisco General Plan with Adopted Office of Planning and Research City of South San Francisco Printed on 4/21/2021Page 3 of 4 powered by Legistar™ File #:21-77 Agenda Date:3/10/2021 Version:1 Item #:9. Guidelines (PDF format) 4.Staff Presentation City of South San Francisco Printed on 4/21/2021Page 4 of 4 powered by Legistar™ Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Date Application Submitted Total Approved Units by Project Total Disapproved Units by Project Streamlining Notes 2 3 4 6 7 8 9 10 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Notes+ Summary Row: Start Data Entry Below 23 0 19 0 44 6 499 591 0 0 0 015113180 015113180 100 Produce Ave & 124 Airport Blvd PS Office Park P18-0074 5+R 10/25/2018 40 440 480 No Project review underway 012305070 012305070 455-463 GRAND P19-0066 5+R 6/3/2020 3 24 27 No Project review underway 0 012181020 012181020 879 Baden Ave P20-0072 SFA O 11/25/2020 1 1 2 No Project review underway 012282120 012282120 547 MILLER AVE/548 4TH LANE P20-0008 SFD O 11/2/2020 1 1 No Project review underway 014033170 014033170 407 W Orange Ave P20-00071 SFD O 12/7/2020 1 1 No Project review underway 010171210 010171210 EL CAMINO REAL & HICKEY BLVD Hickey Live/Work Units P20-0021 2 to 4 R 3/5/2020 4 4 No Project review underway 14184999 14184999 1477 Huntington P20-0079 5+R 11/19/2020 20 19 223 262 No Project review underway 012261220 012261220 563 MAGNOLIA P20-0076 SFA O 11/16/2020 1 1 2 No Project review underway 015126010 015126010 40 Airport Blvd Blake Griggs P20-0082 5+R 12/9/2020 44 248 292 No Project review underway 012335100 012335100 201 Baden Ave Habitat for Humanity Fire Station RDA P19-0006 5+O 1/14/2019 12 12 24 No Project review underway 12321170 012321170 428-432 Baden Ave Baden Station P19-0021 5+R 3/15/2019 2 3 31 36 36 No Project review underway 13232090 013232090 360 Alta Vista Dr Alta Vista PUD P19-0028 SFA O 3/22/2019 1 1 13 11 26 No Project review underway - 13 012315220 012315220 219 Miller Ave Penna Miller Condo P19-0041 5+O 5/15/2019 2 2 25 29 No Project review underway 012135070 012135070 701 Olive Ave Duplex P19-0054 2 to 4 R 6/25/2019 2 2 2 No Project review underway 012181380 012181380 840 Commercial Ave SFD P19-0068 SFD R 8/21/2019 1 1 1 No Project review underway 0 0 0 0 0 0 0 0 0 Housing Development Applications Submitted Table A Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) 51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction Notes 2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income EntitlementDate Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income?+ Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining) Y/N Infill Units? Y/N+ Assistance Programs for Each Development (see instructions) Deed Restriction Type (see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Dest royed Units+ Demolished or Destroyed Units+ Demolished/Destroyed Units Owner or Renter+ Notes+ Summary Row: Start Data Entry Below 2 0 20 0 17 1 341 381 0 0 0 0 0 47 3 50 0 0 0 0 0 27 3 30 55 0 7 0 0 012232140 012232140 645 Baden Ave P18-0034 5+O 2 6 7/10/2019 8 0 0 0 N Y INC 55 0 012338050 012338050 200 Airport Blvd Fairfield Development P18-0071 5+R 9 85 7/24/2019 94 0 0 0 N Y Other Affordable Hsing Agmt 55 0 012323200 012323200 423 Commercial Ave P18 0058 2 to 4 O 4 12/19/2019 4 0 0 0 N Y No inclusionary req'd093312050; 093312060 093312050; 093312060 1051 Mission Road L37 Kasa P18-0081 5+R 55 103 642 11/13/2019 800 0 0 55 N Y LIHTC INC Affordable Hsing Agmt 55 0 012181140 12181140 835 Baden Ave P19-0022 SFD R 1 4/16/2019 1 0 0 N Y 0010204080010204080752 Alta Loma Dr P19-0023 ADU R 1 7/19/2019 1 0 0 N Y ADU at Moderate Income Rents 0 012202140 012202140 753 Third Lane P19-0026 SFD O 1 5/21/2019 1 0 0 N Y 0 ISSUED DEC 2019 BUT NOT INCLUDED THEN 012323480 012323480 458 Railroad Ave P19-0027 SFA R 2 7/16/2019 2 0 0 N Y 0 013024150 013024150 303 Fairway Dr P19-0078 SFD O 1 12/17/2019 1 1 6/25/2020 1 0 N Y 1 REBUILD OF FIRE DAMAGED HOUSE 091151040 091151040 3301 Shannon Place Oakmont Meadows - 22 unit Subdivision B19-0491 SFD O 1 2 19 3/13/2019 22 1 2 19 11/12/2019 22 1 2 19 1/1/2021 22 N Y INC 55 0 010161110 010161110 73 Duval Dr B17 1958 ADU R 0 1 4/17/2019 1 1 6/11/2020 1 N Y ADU at Moderate Income Rents 001030224001030224048 San Felipe Ave B18 1583 ADU R 0 1 8/12/2019 1 1 7/9/2020 1 N Y ADU at Moderate Income Rents 0 012094220 012094220 19 Randolph Ave B18-1760 ADU R 0 1 4/19/2019 1 1 11/19/2020 1 N Y ADU at Moderate Income Rents 0012334130012334130200 Linden Ave 200 Linden B18-0304 5+O 0 19 78 1/29/2019 97 0 N Y INC 55 0014011260014011260988 El Camino Real 988 ECR B18 1836 5+R 0 172 10/30/2019 172 0 N Y0103930500103930508 CHICO CT B18-0683 ADU R 0 0 1 12/6/2019 1 N Y ADU at Moderate Income Rents010283080010283080336 DEL MONTE AVE B17 1611 ADU R 0 0 1 10/29/2019 1 N Y ADU at Moderate Income Rents012017070012017070823 HEMLOCK AVE B18 1536 ADU R 0 0 1 10/18/2019 1 N Y ADU at Moderate Income Rents012024220012024220625 LARCH AVE B19-0273 ADU R 0 1 7/26/2019 1 1 10/15/2019 1 N Y ADU at Moderate Income Rents 010222150 010222150 724 NEWMAN DR B17 2021 ADU R 0 0 1 5/29/2019 1 N Y ADU at Moderate Income Rents01036112001036112043 CAPAY CIR B17 1460 ADU R 0 0 1 3/13/2019 1 N Y ADU at Moderate Income Rents 014123180 014123180 105 S MAGNOLIA AVE B18-0842 ADU R 0 0 1 3/4/2019 1 N Y ADU at Moderate Income Rents 012273200 012273200 510 BADEN AVE B17 0733 ADU R 0 0 1 2/21/2019 1 N Y ADU at Moderate Income Rents014113300014113300128 MULBERRY AVE B18-0595 ADU R 0 0 1 1/16/2019 1 N Y ADU at Moderate Income Rents013231240013231240425 ALTA VISTA DR B17-1622 ADU R 0 0 1 11/19/2019 1 N Y ADU at Moderate Income Rents 012318040 012318040 398 CYPRESS AVENUE D Cadence Phase I B16-1572 5+R 0 0 100 10/29/2019 100 N Y 012318080 012318080 400 CYPRESS AVENUE A Cadence Phase I B16-1564 5+R 0 0 160 10/29/2019 160 N Y 012172140 012172140 511 LINDEN AVE B17 1525 2 to 4 R 0 0 2 6/27/2019 2 N Y 011171500 011171500 1256 MISSION RD SouthCity Place B15-0856 5+O 0 0 31 4/5/2019 31 N Y0111715000111715001256 MISSION RD SouthCity Place SFD O 0 0 4 1/29/2019 4 N Y 012311260 012311260 310 Miller Ave Rotary Senior Housing B16-1973 5+R 0 0 81 0 1/31/2019 81 N Y LIHTC DB Affordable Hsing Agmt 55 6 012143050 012143050 235 ARMOUR AVE B16 0614 2 to 4 R 0 0 3 1/23/2019 3 N Y012292030012292030512 ELM CT B18-0633 ADU R 0 0 1 1/15/2020 1 N Y ADU at Moderate Income Rents 014144110 014144110 130 CHERRY AVE B19-1155 ADU R 0 1 1/1/2020 1 1 3/2/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 091561100 091561100 2569 OLMSTEAD CT B19-0401 ADU R 0 1 1/1/2020 1 1 3/4/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 012233070 012233070 656 BADEN AVE B18-0394 ADU R 0 0 1 3/11/2020 1 N Y ADU at Moderate Income Rents 012335560 012335560 293 VILLAGE WAY B18-1112 ADU R 0 1 1/1/2020 1 1 5/6/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 010173200 010173200 830 CAMARITAS AVE B18-0956 ADU R 0 1 1/1/2020 1 1 5/18/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 012123020 012123020 529 ROCCA AVE B19-2034 ADU R 0 1 1/8/2020 1 1 5/19/2020 1 N Y ADU at Moderate Income Rents 012231410 012231410 660 RAILROAD AVE B19-1490 ADU R 0 1 1/1/2020 1 1 5/26/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 010306270 010306270 19 CLARA AVE B18-0052 ADU R 0 1 1/1/2020 1 1 5/28/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED012042070012042070119 DRAKE AVE B18-0835 ADU R 0 0 1 6/2/2020 1 N Y ADU at Moderate Income Rents 011202320 011202320 269 WESTVIEW DR B18-1606 ADU R 0 1 1/1/2020 1 1 6/22/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 010103340 010103340 236 DUNDEE DR B19-0223 ADU R 0 1 1/1/2020 1 1 6/23/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 014022230 014022230 763 CIRCLE CT B18-1562 ADU R 0 1 1/1/2020 1 1 6/30/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 014033380 014033380 213 A ST B19-1023 ADU R 0 1 1/22/2020 1 1 9/14/2020 1 N Y ADU at Moderate Income Rents 012262040 012262040 518 MAGNOLIA AVE B18-1443 ADU R 0 1 1/1/2020 1 1 9/16/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 010355370 010355370 56 ESCANYO DR B19-2235 ADU R 0 1 6/5/2020 1 1 9/24/2020 1 N Y ADU at Moderate Income Rents 012214190 012214190 730 MILLER AVE B19-0233 ADU R 0 1 1/1/2020 1 1 10/23/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 010307170 010307170 304 CAMARITAS AVE B19-1613 ADU R 0 1 3/6/2020 1 1 11/3/2020 1 N Y ADU at Moderate Income Rents 0 0 0 091034220 091034220 3148 DUBLIN CT B19-1042 ADU R 0 1 4/1/2020 1 1 12/7/2020 1 N Y ADU at Moderate Income Rents 012183200 012183200 828 BADEN AVE B20-0127 ADU R 0 1 9/15/2020 1 1 12/7/2020 1 N Y ADU at Moderate Income Rents 012181480 012181480 872 COMMERCIAL AVE B20-0320 ADU R 0 1 5/19/2020 1 1 12/10/2020 1 N Y ADU at Moderate Income Rents 012213010 012213010 773 PALM AVE B19-0268 ADU R 0 1 1/1/2020 1 1 12/21/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 012134420 012134420 26 SCHOOL ST B19-1051 ADU R 0 1 1/1/2020 1 1 12/23/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED 012033010 012033010 117 FRANKLIN AVE B19-1050 ADU R 0 1 1/1/2020 1 1 12/29/2020 1 N Y ADU at Moderate Income Rents ISSUED 2019 BUT NEVER INCLUDED012336230012336230280 VILLAGE WAY B19-0442 ADU R 0 1 1/3/2020 1 0 N Y ADU at Moderate Income Rents012232400012232400630 COMMERCIAL AVE B19 0775 ADU R 0 1 9/11/2020 1 0 N Y ADU at Moderate Income Rents012024020012024020733 LARCH AVE B19 1071 ADU R 0 1 1/21/2020 1 0 N Y ADU at Moderate Income Rents09164125009164125020 CHATEAU CT B19-1457 ADU R 0 1 5/27/2020 1 0 N Y ADU at Moderate Income Rents010224010010224010255 LAMONTE AVE B19-1584 ADU R 0 1 2/12/2020 1 0 N Y ADU at Moderate Income Rents0915612400915612402566 OLMSTEAD CT B19 1745 ADU R 0 1 7/15/2020 1 0 N Y ADU at Moderate Income Rents010343100010343100128 ALTA MESA DR B19-1975 ADU R 0 1 2/3/2020 1 0 N Y ADU at Moderate Income Rents012212180012212180722 GRAND AVE B19-1983 ADU R 0 1 6/2/2020 1 0 N Y ADU at Moderate Income Rents01036212001036212052 CAPAY CIR B19 2236 ADU R 0 1 5/1/2020 1 0 N Y ADU at Moderate Income Rents014113260014113260120 TOYON AVE B20-0330 ADU R 0 1 6/24/2020 1 0 N Y ADU at Moderate Income Rents 012272150 012272150 529 BADEN AVE B20-0338 ADU R 0 1 7/16/2020 1 0 N Y ADU at Moderate Income Rents 012244070 012244070 656 MILLER AVE B20-0339 ADU R 0 1 11/18/2020 1 0 N Y ADU at Moderate Income Rents 012145130 012145130 225 ASPEN AVE B20-0357 ADU R 0 1 8/13/2020 1 0 N Y ADU at Moderate Income Rents 012201250 012201250 123 ORANGE AVE B20-0382 ADU R 0 1 12/28/2020 1 0 N Y ADU at Moderate Income Rents 010266040 010266040 359 SERRA DR B20-0421 ADU R 0 1 10/22/2020 1 0 N Y ADU at Moderate Income Rents 012135040 012135040 711 OLIVE AVE B20-0462 ADU R 0 1 9/8/2020 1 0 N Y ADU at Moderate Income Rents 010275140 010275140 129 LACROSSE AVE B20-0493 ADU R 0 1 5/6/2020 1 0 N Y ADU at Moderate Income Rents 013172040 013172040 347 ROCKWOOD DR B20-0675 ADU R 0 1 11/12/2020 1 0 N Y ADU at Moderate Income Rents 012360090 012360090 19 VIEWMONT TER B20-0736 ADU R 0 1 9/10/2020 1 0 N Y ADU at Moderate Income Rents 013052030 013052030 428 ALMANOR AVE B20-0779 ADU R 0 1 9/9/2020 1 0 N Y ADU at Moderate Income Rents 012080460 012080460 150 PECKS LN B20-0831 ADU R 0 1 11/2/2020 1 0 N Y ADU at Moderate Income Rents 013092120 013092120 419 ZAMORA DR B20-0849 ADU R 0 1 10/9/2020 1 0 N Y ADU at Moderate Income Rents 013043160 013043160 90 FAIRWAY DR B20-0951 ADU R 0 1 10/16/2020 1 0 N Y ADU at Moderate Income Rents012201080012201080759 Baden Ave B20-1108 ADU R 0 1 10/30/2020 1 0 N Y ADU at Moderate Income Rents012043130012043130111 CLAREMONT AVE B20 1251 ADU R 0 1 12/18/2020 1 0 N Y ADU at Moderate Income Rents 012184110 012184110 856 GRAND AVE B19-0941 SFD O 1 4/25/2019 1 1 2/20/2020 1 0 N Y 012023160 012023160 89 IRVING ST B20-0597 ADU R 0 1 8/7/2020 1 0 N Y ADU at Moderate Income Rents 012333060 012333060 338 FIRST LANE A & B B17-0970 SFA R 2 3/21/2017 2 0 2 6/30/2020 2 N Y12321170012321170428-432 Baden Ave Baden Station P19-0021 5+R 2 3 31 8/6/2020 36 0 0 N Y DB012135070012135070701 Olive Ave Duplex P19-0054 2 to 4 R 2 5/19/2020 2 0 0 N Y012181380012181380840 Commercial Ave SFD P19-0068 SFD O 1 6/16/2020 1 0 0 N Y 012338140 012338140 150 Airport Blvd B17-0788 5+R 157 1/19/2017 157 157 8/17/2018 157 0 N Y 012272240 012272240 502 COMMERCIAL AVE SFD B16-2100 SFD O 1 10/18/2016 1 0 1 12/21/2020 1 N Y 012181380 012181380 849 Second Lane B20-0928 SFD O 1 6/16/2020 1 1 11/20/2020 1 0 N Y 012231410 012231410 660 Railroad Ave P20-0011 SFD O 1 10/20/2020 1 0 0 N Y 012245060 012245060 629 Tamarack Lane P20-0012 SFA O 1 1 8/18/2020 2 0 0 N Y ADU at Moderate Income Rents 014183270 014183270 410 Noor Ave P18-0013 5+R 17 17 304 12/9/2020 338 0 0 N Y INC000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (CCR Title 25 §6202) Note: "+" indicates an optional field Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10 Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation (CCR Title 25 §6202) 1 3 4 RHNA Allocation by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted 80 Non-Deed Restricted Deed Restricted 3 1 1 Non-Deed Restricted Deed Restricted Non-Deed Restricted 10 13 5 5 25 47 Above Moderate 705 28 92 283 162 269 3 837 1864 41 106 368 167 295 50 1027 969 Note: units serving extremely low-income households are included in the very low-income permitted units totals Cells in grey contain auto-calculation formulas Total RHNA Total Units Income Level Very Low Low 208 80 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 105Moderate 565 281 313 Please contact HCD if your data is different than the material supplied here 5 2 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 485 276 Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Date of Rezone Type of Shortfall 2 4 5 6 7 9 10 11 APN Street Address Project Name+Local Jurisdiction Tracking ID+Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income Type of Shortfall Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Summary Row: Start Data Entry Below 83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need Table C Jurisdiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 1-1A - Vacant and Underutilized Land Inventory The City shall periodically update its inventory of vacant and underutilized parcels identified in this Housing Element. The City shall also conduct a periodic review of the composition of the housing stock, the types of dwelling units under construction or expected to be constructed during the following year, and the anticipated mix, based on development proposals approved or under review by the City, of the housing to be developed during the remainder of the period covered by the Housing Element. This analysis will be compared to the City's remaining 2014-2022 Regional Housing Needs Allocation (RHNA) to determine if any changes in land use policy are warranted. Annual The City adopted the Downtown Station Area Specific Plan (DSASP) in February, 2015 and the DSASP implements new zoning regulations that increase height and density to permit the City to construct appropriate units to meet the ABAG Regional Housing Needs Allocation (RHNA) for 2014-2022. Additionally, the City revised and updated the El Camino Real/Chestnut Avenue Area Plan to reflect a new Community Civic Campus project. This project required the City to update the list of housing opportunity sites in the Adopted Housing Element. This revision has been submitted for review and approval by the Department of Housing and Community Development. ONGOING Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Table D Program Implementation Status pursuant to GC Section 65583 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) 1-2A Inclusionary Housing Ordinance The City shall continue to implement the Inclusionary Housing Ordinance, in accordance with State law, requiring new for sale residential development over four units to provide a minimum of twenty (20) percent low- and moderate- income housing. 2023 The Inclusionary Housing Ordinance regulations (SSFMC Chapter 20.380)are and continue to be, implemented by the City in accordance with State law. The Planning Commission and City Council voted to amend SSFMC Chapter 20.380 (Inclusionary Housing Regulations)in 2018 to require a 15% contribution to affordable housing for residential rental projects, reduce the requirement from 20% to 15% for residential for sale projects, and adopted an inclusionary impact fee for commercial, office, and hotel development to bolster the City's affordable housing fund. COMPLETE 1-2B - Inclusionary Housing Ordinance Review The City shall periodically review the success of the Inclusionary Housing Ordinance, SSFMC 20.380, to determine if the objectives of the ordinance are being met. Consideration shall be made to revising provisions of the ordinance to ensure that a range of housing opportunities for all identifiable economic segments of the population, including households of low-and 2023 The Planning Commission and City Council voted to amend SSFMC Chapter 20.380 (Inclusionary Housing Regulations)in 2018 to require a 15% contribution to affordable housing for residential rental projects, reduce the requirement from 20% to 15% for residential for sale projects, and adopted an inclusionary impact fee for commercial, office, and hotel development to bolster the City's affordable housing fund. COMPLETE 1-3A - Investigate Commercial and Housing Linkage Fee Through participation in the 21 Elements group, the City will investigate the feasibility of commercial and housing linkage fees to support affordable housing. 2015 The Planning Commission and City Council voted to adopt an inclusionary impact fee for commercial, office, and hotel development to bolster the City's affordable housing fund. COMPLETE 1-4A - Site Acquisition The City shall work with for-profit and nonprofit housing developers to acquire sites that are either vacant or developed with underutilized,blighted, and/or nonconforming uses for the development of affordable housing. As needed, the City will meet with developers to discuss and identify development opportunities and potential funding sources. 2023 With adoption of the Successor Agency's Long Range Property Management Plan by the State Department of Finance in late 2015, the City is positioned to help coordinate the disposition of underutilized properties for development. To date, City staff has met with several development representatives and made six (6) properties in the Downtown area available through a Request for Qualifications. One (1) site is complete with construction for 100% affordable senior housing units. Two (2) sites will be developed with rental housing and up to 100% affordable units due to the inclusion of City funding and affordable housing competitive grant applications. One (1) site is entitled and issued a building permit for development of for-sale high density housing with 20% inclusionary housing required. A former firehouse has an entitlement application for a mixed use development that will include 100% affordable for-sale housing and the City. The City completed a Development Agreement and Purchase and Sale Agreement for a 4+ acre property that will be developed with 800 rental housing units and include a 20% affordable housing component. ONGOING 1-4B - Support and Pursue Funding Applications for Affordable Housing Consistent with existing practice, the City shall continue to support funding applications for federal and state funds to promote the development of affordable housing. 2023 The City has applied each year for state funding through the Cap & Trade grant programs for monies to construct complete streets in support of pending affordable housing projects within the Downtown Station Area Specific Plan. To date, no grant monies have been awarded to the City. Additionally, a 100% affordable rental project for very-low income seniors has been issued construction permits in 2017 and was completed in early 2019. This project successfully received affordable housing financing with the City's support of the project application. Two other projects involving City funding (ROEM) have applied for grant and TIF monies to help fund their affordable projects and the City supported those applications. ONGOING 1-4C - Consider Waivers or Deferrals of Planning, Building and Impact Fees for Affordable Housing Development Consistent with SSFMC section 20.310.004, the City shall continue to consider the waiver of application and development fees for affordable housing development in order to support the financial viability of affordable housing development. Waiver of such fees will be on a case-by-case basis at the City Council¿s discretion and will balance the goal of affordable housing production with the need to collect fee revenues to support other City goals. 2023 The City continues to consider permitting or impact fee waivers for an affordable housing project requiring financial assistance. ONGOING 1-4D - Review New Development Requirements for Condominiums, SSFMC 19.36 The City shall review SSFMC 19.36, which requires a minimum of 5 units in order to construct new condominiums, to look at the possibility of reducing unit requirements 2023 This item is being reviewed as part of the General Plan 2040 update and companion zoning and should be complete by 2023. ONGOING 1-5A - Increased Residential Densities in the Downtown Area Through implementation of the Downtown Station Area Specific Plan, support increased residential densities and modified development standards for parcels in the downtown area to realize the objectives of the Downtown Station Area Specific Plan and General Plan policies. 2023 Adoption of the Downtown Station Area Specific Plan has accomplished this program. Expanded increases in densities within the Downtown Station Area Specific Plan, or within surrounding residential zoning districts near the Downtown has also been analyzed. In 2018, the Planning Commission and City Council adopted a new maximum density for the Downtown Transit Core zoning district, which is located within the Downtown Station Area Specific Plan of 180 units per acre with approval of a community benefits plan. COMPLETE 1-5B - Support Grand Boulevard Initiative Policies Continue to support the guiding principles of the Grand Boulevard Initiative, which encourages the provision of medium- and high-density housing along El Camino Real in Peninsula communities, in order to create an environment that is supportive of transit, walkable, and mixed-use. The City shall reference this policy direction when considering future land use and zoning changes along El Camino Real, and assess the opportunity for housing development along this key corridor as development proposals arise. 2023 The City continues to support the Grand Boulevard Initiative, in its twelfth year, by providing senior level planning staff at all meetings. The adopted El Camino Real/Chestnut Area Plan, as well as the zoning update adopted in 2010, implement the guiding principles of the Grand Boulevard Initiative. The City has completed master planning for a new community civic center within the El Camino Real/Chestnut Area Plan that will foster new private housing development in the surrounding plan area. Additionally, the City has entitled 800 units adjacent to SSF BART, ECR and the Centennial Trail as a multi-modal mixed used development that will conform to the Grand Boulevard Initiative policies. Finally, the Engineering Divison is managing a Grand Boulevard Improvement Project for a portion of El Camino Real between Chestnut Avenue and Hickey Boulevard that will implement the vision of the initiative. COMPLETE 1-6A - Continue to support the development of secondary dwelling units and educate the community about this program Actively promote community education on second units, as permitted in SSFMC 20.350.035, by posting information regarding second units on the City website and providing brochures at the public counter in the Centralized Permit Center. 2023 Brochures are provided at the Permit Center Counter; in addition staff explores second unit options during counter discussions and during building permit plan checks. Additionally, changes at the State level to encourage the production of second units led the City to modify the current zoning regulations to be more permissive. No parking, reduced setbacks, larger second units, and units with multiple bedrooms are now permitted with approval of a Building Division permit only. ONGOING 1-7A - Continue to identify opportunities for residential development through infill and redevelopment of underutilized sites Through completion and implementation of the Downtown Specific Area Plan and ongoing implementation of the El Camino Real/Chestnut Area Specific Plan, the BART Transit Village Plan, the El Camino Real Mixed Use Zoning Districts the City will maintain an inventory of residential development opportunities on infill and underutilized sites with proper zoning to support both affordable and market rate housing development. 2023 The Department of Economic and Community Development - Economic Development and Housing Division maintains a list of potential development sites. Additionally, the Division is currently conducting a Request for Qualifications for several underutilized sites within the Downtown Station Area Specific Plan. 1-7B - Evaluate Downtown residential lot standards Evaluate the feasibility of reduced lot development standards for Downtown residential zoning districts to encourage the development of new housing and ownership opportunities. 2023 Staff has hired a consultant and conducted an indepth analysis of reduced lot standards within the downtown area to promote subdivision and additional ownership opportunities. A zoning text amendment was adopted in 2019 to reduce required lot dimensions and facilitate new housing and ownership opportunities. COMPLETE 2-1A - Expedite Permit Review To support affordable and market rate housing construction, the City shall work with property owners, project sponsors, and developers to expedite the permit review process; promote housing design and projects that meet the goals, objectives and policies of this Housing Element; provide timely assistance and advice on permits, fees, environmental review requirements, and affordable housing agreements to avoid costly delays in project approval; and interface with community groups and local residents to ensure public support of major new housing developments. 2023 The City continues to provide prompt customer service, and use project planner liaisons for large developments, to facilitate expedited entitlement review and processing. The year 2018 was particularly successful for staff - several new large- scale housing developments were approved under time sensitive conditions. The One Stop Permit center provides accessible services by Planning, Building and Public Works in one building. The One Stop Permit Center hours are from 7am- 5pm. Permit processing is efficient and timely, with accessible staff. The City's Planning Commission meets twice a month and the Design Review Board meets once a month to ensure the timely processing of applications. ONGOING 2-2A - Ensure coordination among departments Early in the development application process, the Planning Division shall work with the applicant and consult with other departments and divisions to ensure that necessary infrastructure is planned or is in place to support the proposed project. 2023 The Community Development Department relies on a Technical Advisory Group and pre-submittal meetings with potential applicants to ensure a smooth application process. Representatives from Public Works, Fire Safety, Police, Water Quality and Building ensure that adequate infrastructure is planned or available to support the proposed project. Additionally, applicants of large development projects are invited to attend the Technical Advisory Group meetings to present their pre-development projects and discuss any questions or concerns with City staff. ONGOING 2-3A - Support regional funding programs The City shall continue to participate with other government agencies to support regional funding programs, such as participating with San Mateo County in its Housing Revenue Bond and Mortgage Credit Certificate programs. 2023 The City continues to participate in the 21 Elements TAC meetings. The City also collaborates with HEART (Housing Endowment and Regional Trust) of San Mateo County as well as the Housing Leadership Council of San Mateo County. The Housing Rehab Bond and Mortgage Credit Certificate Programs were not utilized for any City financed construction projects in 2020. ONGOING 2-4A - Continue to implement adopted design guidelines Implementation of design guidelines applies to rehabilitation and renovation of existing structures as well as to new construction. 2023 The Residential Design Guide was adopted by the Planning Commission by Resolution No. 2471. In addition, the adopted El Camino Real/Chestnut Avenue Plan and Downtown Station Area Specific Plan includes Design Standards and Guidelines. All new projects are evaluated for consistency with applicable design guidelines. City staff will adopt a form based code for new Residential Design Guidelines consistent with objective standards as part of the General Plan 2040 process currently underway. ONGOING 2-5A - Disseminate Information on Affordable Housing Programs To widen the availability of information to interested residents, the City will continue to update its website and other promotional/informational materials to include information on affordable housing, housing programs, and inclusionary units. 2023 The Housing Division maintains online resources for general affordable housing programs and for specific inclusionary units related to new development. Outreach related to the COVID-19 pandemic was significantly ramped up in 2020, as well. ONGOING 3-1A - Minor Home Repair The City will provide funds to non-profit organizations providing free minor home repairs to assist extremely low- to low-income homeowners to bring houses into a good state of repair and maintain them as viable units in the local housing stock. 2023 Minor Home Repair Programs Center for Independence of Individuals with Disabilities (CID): The City used $10,0000 in CDBG funds to support CID Housing Accessibility Modification (HAM) Program which provides accessibility modifications. Rebuilding Together Peninsula (RTP): The City used $70,500 in CDBG funds to support two RTP programs, National Rebuilding Day and Safe at Home. El Concilio: The City used $27,500 in CDBG funds to support El Concilio's Peninsula Minor Home Repair Program. ONGOING 3-1B - Funding Prioritization The City shall continue to give housing rehabilitation efforts high priority in the use of Community Development Block Grant (CDBG) funds. Funds shall be targeted towards older housing stock and to families earning less than 80 percent of AMI. 2023 Minor Home Repair Programs Center for Independence of Individuals with Disabilities (CID): The City used $10,0000 in CDBG funds to support CID Housing Accessibility Modification (HAM) Program which provides accessibility modifications. Rebuilding Together Peninsula (RTP): The City used $70,500 in CDBG funds to support two RTP programs, National Rebuilding Day and Safe at Home. El Concilio: The City used$27,500 in CDBG funds to support El Concilio's Peninsula Minor Home Repair Program. ONGOING 3-1C - Low Interest Loans for Housing Rehabilitation The City shall provide low-interest loans for rehabilitation of single-family and multi-family housing by supporting the City's Housing Rehabilitation Program with continued CDBG funding. 2023 Minor Home Repair Programs Center for Independence of Individuals with Disabilities (CID): The City used $10,0000 in CDBG funds to support CID Housing Accessibility Modification (HAM) Program which provides accessibility modifications. Rebuilding Together Peninsula (RTP): The City used $70,500 in CDBG funds to support two RTP programs, National Rebuilding Day and Safe at Home. El Concilio: The City used $27,500 in CDBG funds to support El Concilio's Peninsula Minor Home Repair Program. The City issued one loan for the rehabilitation of a single family home for a very- low-income family using CDBG funds. ONGOING 3-1D - Financial Assistance for SROs The City shall provide financial assistance, when feasible, for physical improvements to existing boarding rooms and Single Room Occupancies in the Downtown area. 2023 The City did not provide any financial assistance to Single Room Occupancies in the Downtown area in 2020. ONGOING 3-2A - Enforce Housing, Building and Safety Codes The City shall continue to aggressively enforce uniform housing, building, and safety codes as well as eliminate incompatible uses or blighting influences from residential neighborhoods through targeted code enforcement and other available regulatory measures. 2023 The City operates a Code Enforcement Division through the Public Works Department. For 2020 there were up to 2 enforcement officers on staff that enforce housing, building and safety codes. Additionally, Building Division staff enforces these codes when they are out on inspections. Incompatible uses are addressed in zoning code section 20.320. ONGOING 3-3A - Capital Improvement Program for Older Neighborhoods The City shall maintain its capital improvement program to upgrade infrastructure in older neighborhoods such as Village Way, Willow Gardens, Town of Baden, Downtown (or Old Town), Irish Town, and Peck's Lots. 2023 The Engineering Division continues to manage and administer the Capital Improvement Program budget to upgrade essential infrastructure throughout the City. ONGOING 3-4A - Support SSF Public Housing Authority (PHA) The City shall support the South San Francisco PHA in its continued operation and rental of 80 units of public housing. 2023 The SSF PHA continues to receive HUD funding support and operates independently of the City, however the City is coordinating to pursue federal funding sources to improve the public housing. ONGOING 3-4B - Examine Displacement of Affordable Housing and Lower-Income Households The City shall coordinate with other jurisdictions in San Mateo County, under the umbrella of work to be undertaken by 21 Elements, to quantify, develop and evaluate potential strategies to address displacement of lower income residents. The City will use this analysis, in addition to other analysis, to develop potential measures and programs and the City will implement those programs, as it considers and deems appropriate, to address the risk of displacement of existing lower income 2015 The City continues to participate in the 21 Elements Technical Advisory Group, which analyzed displacement concerns for San Mateo County in 2018 as part of their work plan. The draft report was submitted to the City in February, 2018 and has been reviewed for recommendations and implementation measures. Staff conducted one study session with City Council in 2018, a second in 2019 to discuss tenant protections for SSF residents, and adopted interim measures to protect tenants during the window between adoption of State Legistlation for Rental Protection and the effective date. COMPLETE 3-5A - Condominium Conversion Limitations The City shall continue to enforce limits on the conversion of apartment units to condominiums. As specified in Chapter 19.80 of the Municipal Code, condominium conversions are allowed only if they meet the following general criteria: a. A multiple-family vacancy rate of at least five percent exists; b. The conversion has an overall positive effect on the City¿s available housing stock; c. Adequate provisions are made for maintaining and managing the resulting condominium projects; d. The project meets all building, fire, zoning, and other applicable codes in force at the time of conversion; e. The conversion is consistent with all applicable policies of the General Plan; and f. The conversion creates at least five (5) condominium units. 2023 No requests or preliminary requests for consideration of a Condominium Conversion of apartment units were submitted to the City in 2020. ONGOING 3-6A - Monitor At-Risk Units The City shall monitor its supply of subsidized affordable housing to know of possible conversions to market rate, including taking the following actions: a. Publicize existing State and federal notice requirements to nonprofit developers and property owners of at-risk housing. b. Respond to any federal and/or State notices including Notice of Intent to Pre- Pay, owner Plans of Action, or Opt-Out Notices filed on local projects. 2023 No subsidized units monitored by the City of SSF were at-risk of conversion to market rate in 2020. ONGOING 3-6B - Assist Tenants The City shall assist tenants displaced by the conversation of at risk units by providing information about tenants' rights, providing referrals to relevant social service providers, endeavoring to establish a funding source to assist nonprofit organizations that support tenants, and facilitating other support as appropriate. 2023 In 2020, the COVID-19 pandemic created many risks for tenants. The City maintains online resources and brochures in the Economic and Community Development Department that detail information about tenants' rights, social service providers, and other support institutions. Additionally, programs were created to offset rent challenges of tenants and rent loss of property owners with success. ONGOING 4-1A - Review Projects for Major Environmental Hazards during the Environmental Review Process The City shall review residential projects for major environmental hazards during the environmental review process. The City shall not approve the projects unless the hazards are adequately mitigated. 2023 All projects reviewed and approved by the Planning Commission and/or City Council have been reviewed for consistency with the California Environmental Quality Act. ONGOING 4-2A - Administer Minimum Building Security Standards The City shall continue to administer Chapter 15.48, Minimum Building Security Standards, of the Municipal Code by continuing to route all new development applications and additions 2023 The Economic and Community Development Department's project review, entitlement, and building permit processes ensure that Chapter 15.48 is administered and applied to all new development applications and additions. ONGOING 4-3A - Ensure that applications for new residential land uses proposed within the 65 to 69 CNEL aircraft noise contour include an acoustical study The City shall require that the acoustical study be prepared by a professional acoustic engineer and specify the appropriate noise mitigation features to be included in the design and construction of the new units, to achieve an interior noise level of not more than 45 dB, based on measured aircraft noise events at the land use location. 2023 All new applications for residential development are reviewed consistent with the SFO Airport Land Use Compatibility Plan (ALUCP) and adopted Municipal Code regulations. New residential projects within the 70+ dB CNEL areas are not currently permitted without an override process by the local agency and new residential projects within the 65 to 69 dB CNEL noise contours require acoustic studies. ONGOING 5-1A - Density Bonus for Senior Housing The City shall include density bonus incentives specifically targeted for senior housing projects and permit reduced parking standards. 2023 A project for 80 units available to low-income seniors was issued a building permit in 2017 and completed in January 2019 (and will be recognized as . Density bonus incentives were included in the project during entitlement stage. ONGOING 5-1B - Reduced Parking Requirement for Board and Care Facilities Encourage development of residential board and care facilities for seniors by continuing to allow reduced parking requirements for these types of facilities. 2023 The City's Municipal Code SSFMC 20.330.004 reduces parking requirements for residential care facilities as part of the 2010 Zoning Ordinance Update. The requirement is: 1 space for every 7 residents plus 1 space for each live-in caregiver. Facilities serving more than 15 residents shall also provide 1 space for each caregiver, employee, and doctor on-site at any one time. ONGOING 5-2A - Ensure Consistency with State Accessibility Laws Encourage development of residential board and care facilities for seniors by continuing to allow reduced parking requirements for these types of facilities. 2023 During the review of all new development projects and applications for modifications to existing buildings, the Building Division staff plan checks projects to ensure that all State Accessibly Laws are met in accordance with California Building Code Section 1134B. ONGOING 5-2B - Promote Disabled Housing Resources and Programs The City shall ensure that its website and handout materials regarding housing resources, requirements, and services for the disabled are updated regularly and made available to the public. 2023 The City maintains online resources and materials regarding housing and services for the disabled and has staff in the Economic and Community Development Department who are trained to assist with housing issues. ONGOING 5-3A - Accessibility Modification Programs The City shall continue to support programs that provide modifications that make housing units accessible to the disabled. 2023 The City provides annual grant funding to the Center of Independent of Individual with Disabilities (CID) who has a Housing Accessibly Modification (HAM) Program that provides financial assistance to people that need to made modifications to their home to allow for disabled access. Additionally, the zoning ordinance includes SSFMC section 20.510, Waivers and Modifications, that provides provisions for reasonable accommodations to ensure equal access to housing by allowing the Chief Planner authority to grant relief from zoning requirements. ONGOING 5-4A - Reasonable Accommodations The City shall create a public information brochure on reasonable accommodation for disabled persons and provide that information on the City's website. 2023 The City provides information consistent with the program. Additionally, the zoning ordinance includes SSFMC section 20.510, Waivers and Modifications, that provides provisions for reasonable accommodations to ensure equal access to housing by allowing the Chief Planner authority to grant relief from zoning requirements. ONGOING 5-4B - Resources for the developmentally disabled The City shall support the Golden Gate Regional Center in its mission to serve those with developmental disabilities, disseminate information about the Center and its services, and make referrals as appropriate. 2023 The City's Zoning regulations permit Adult Day Care uses in many areas of the City by-right. These uses are typically funded in some part by the Golden Gate Regional Center to serve developmentally disabled infants, children, youth and adults. ONGOING 5-5A - Support a variety of housing unit designs, including larger housing units that can accommodate large families The City shall seek to broaden the diversity of its housing stock that is affordable to extremely low, very low, and low income households to include more units that are suitable to large families. Currently, much of South San Francisco¿s affordable housing consists of single-room occupancy units and one- and two-bedroom units. The City shall work with housing developers during the entitlement 2023 At pre-application meetings staff discusses providing a range of housing sizes with developers during the planning stages of residential development projects prior to the submittal of a formal application. In the Downtown Station Area Specific Plan, family sized housing is recognized as a community benefit eligible for a density bonus. ONGOING 5-6A - Support Continuum of Care Planning The City shall continue to be an active participant in the Continuum of Care planning process and support its efforts to address the needs of South San Francisco residents in need of emergency shelter or temporary housing. 2023 The City continues to provide referrals to families and individuals for social services including case management and referrals for housing and homeless prevention, as appropriate. ONGOING 5-6B - Support non-profits that offer housing solutions and services for homeless The City shall continue to support non- profit organizations that offer solutions to solving homelessness and/or provide housing related services for the homeless or at-risk homeless. 2023 There is a County run homeless shelter located in South San Francisco on North Access Road. The former Redevelopment Agency regularly provided funding to the County for the operation of the shelter. As part of the 2015-2023 Housing Element update, the City conducted a capacity analysis for new emergency shelter construction within approved zoning districts. ONGOING 5-6C - Support Ongoing Operation of 90-Bed Emergency Shelter in South San Francisco The City shall continue to support the operation of a 90-bed year round homeless shelter within the city limits. 2023 Funding for homeless services and housing was provided to Samaritan House and CORA (Communities Overcoming Relationship Abuse). ONGOING 5-6D - Social Services for Housing and Homeless Prevention The City shall continue to provide referrals to organizations helping families with social services for housing and homeless prevention. 2023 The City's Housing Division maintains online and handout resources for residents with housing challenges. Consistent with COVID-19 pandemic outreach, this effort has been ramped up in 2020 to prevent homelessness. ONGOING 5-7A - Support and Promote Home Sharing The City shall support the efforts and services of the HIP Home Sharing Program to provide an alternative housing solution for extremely low and very low income individuals and families; female-headed households; those at risk of homelessness; and others in need. The Economic 2023 The City's Housing Division maintains online and handout resources for residents with housing challenges. ONGOING 5-8A - Provide referrals to Veterans who are homeless or at risk of homelessness The City shall provide referrals to Veterans and their immediate families that are homeless or at risk of homelessness. Resources for referrals include the Veteran¿s Administration (VA) National Call Center of Homeless Veterans at 1-877-4AID-VET and to the HUD-VASH program that is a joint effort between the Department of Housing and Urban Development and the VA Supportive Housing (HUD-VASH) Program to move Veterans and their families out of homelessness and into permanent housing through a voucher program that allows homeless Veterans to rent privately owned 2023 Many of these resources are shared with applicable residents through the funded Samaritan House and CORA shelter systems. The City provides an annual grant to a fair housing service provider using its HOME Administrative funds. Project Sentinel, provides comprehensive fair housing services including complaint investigation, community outreach and education to San Mateo County residents. ONGOING 5-9A - Amend the Zoning Code to comply with Health and Safety Code Section 17021.5 regarding employee housing for six or fewer employees The City shall amend its Zoning Ordinance to allow employee housing in accordance with Health and Safety Code Section 17021.5, to permit and encourage the development and use of sufficient numbers and types of employee housing facilities as are commensurate with local needs. 2016 This item has been included in a recent zoning text amendment update reviewed by the Planning Commission and adopted by the City Council. COMPLETE 6-1A - Support Equal Housing Opportunity Laws The City shall require that all recipients of locally-administered housing assistance funds and other means of support from the City acknowledge their understanding of fair housing law and affirm their commitment to the law. The City shall provide materials to help with the understanding of and compliance with fair housing law. 2023 The City provides an annual grant to a fair housing service provider using its HOME Administrative funds. Project Sentinel, provides comprehensive fair housing services including complaint investigation, community outreach and education to San Mateo County residents. ONGOING 6-1B - Regional Cooperation The City shall participate with other jurisdictions in San Mateo County to periodically update the Analysis of Impediments to Fair Housing in San Mateo County, a report that helps jurisdictions identify impediments to fair housing and develop solutions. 2023 The City is a member of the 21 Elements Technical Advisory Committee, which is working to address housing shortage and displacement concerns. ONGOING 6-2A - Legal Counsel and Advocacy Assistance The City shall support nonprofits providing legal counseling and advocacy assistance concerning fair housing laws, rights, and remedies to those who believe they have been discriminated against. Persons 2023 The City provides an annual grant to a fair housing service provider using its HOME Administrative funds. Project Sentinel, provides comprehensive fair housing services including complaint investigation, community outreach and education to San Mateo County residents. ONGOING 7-1A - Assist with energy/weatherization and water conserving modifications/features in existing residential rehabilitation projects The City will continue to provide funds to non-profit organizations that provide energy efficiency upgrades and/or weatherization improvements for very low- and low-income households. 2023 Through the City's Housing Rehabilitation Program and CDBG subrecipient grants, the City encourages weatherization and energy efficiency upgrades. The City continues to provide funding and technical assistance to energy efficiency upgrade programs, including the Home Energy Renovation Opportunity (HERO) program. ONGOING 7-2A - Continue to provide information on energy efficient standards for residential buildings The City shall promote the use of passive and active solar systems in new and existing residential buildings to ensure that State residential energy conservation building standards are met. The City's Climate Action Plan (CAP), adopted in February 2014, also includes measures to promote energy efficiency, which are actively implemented. 2023 Building Division staff implements and enforces the California Green Building Code for all new residential and commercial projects. During residential rehabilitation projects, like Rebuilding Together, replacement of appliances/utilities includes energy and water conserving models. The City promotes the use of solar panels with reduced permitting fees and streamlined review and inspections. In addition, the City Council adopted a Climate Action Plan (CAP) in February 2014, that sets forth reduction measures that apply to residential development. Measure 3-5 in the CAP promotes energy information and sharing, and educating the community about energy-efficiency behaviors and construction. ONGOING 7-3A - Title 24 The City shall continue to enforce State requirements, including Title 24 requirements, for energy conservation in residential development and encourage residential developers to consider employing additional energy conservation measures with respect to the following: 2023 The CAP includes measures that encourage the integration of higher-density development and mixed-use development near transit facilities and community faculties, and to reduce the dependence on autos through smart parking practices. In addition, the City continues to implement Title 24 requirements through the Building Division. ONGOING 7-3B - Promote Green Building Features The City will utilize the following tools to promote green building and energy conserving features in new and existing residential construction. In 2009, the City completed the Green X- Ray House, transforming an existing single-family home into an energy efficient model home. The City will use the Green X-Ray House as a public outreach tool to disseminate information regarding energy-saving opportunities, offering regular tours to homeowners and homebuilders as well as for promotional events. This home features an array of products including solar panels, radiant floor heating and recycled glass tiles. Staff has adopted the a Green Building Ordinance (2014). 2023 Building Division staff implements and enforces the California Green Building Code for all new residential and commercial projects. During residential rehabilitation projects, like Rebuilding Together, replacement of appliances/utilities includes energy and water conserving models. The Green X- Ray house is no longer in operation. ONGOING Annual Progress Report January 2020 Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Description of Commercial Development Bonus Commercial Development Bonus Date Approved 3 4 APN Street Address Project Name+Local Jurisdiction Tracking ID+Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below Units Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E Note: "+" indicates an optional field Project Identifier 1 2 (CCR Title 25 §6202) Cells in grey contain auto-calculation formulas Annual Progress Report January 2020 Jurisdiction South San Francisco ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Extremely Low- Income+Very Low-Income+Low-Income+TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+Low-Income+TOTAL UNITS+ Rehabilitation Activity Preservation of Units At-Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Table F Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F. Activity Type Units that Do Not Count Towards RHNA+ Listed for Informational Purposes Only Units that Count Towards RHNA + Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+ Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Jurisdiction South San Francisco Reporting Period 2020 (Jan 1 - Dec 31) ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation 2 3 4 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. Jurisdiction South San Francisco Note: "+" indicates an optional field Reporting Period 2020 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas Designation Size Notes 1 2 3 4 5 6 7 APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres)Notes Summary Row: Start Data Entry Below Parcel Identifier ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Table H Locally Owned Surplus Sites Jurisdiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 47 3 50 8 591 0 0 0 0 0 0 Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0 Above Moderate 0 0 0 Total 0 0 0 Cells in grey contain auto-calculation formulas Above Moderate Units Constructed - SB 35 Streamlining Permits Number of Streamlining Applications Approved Total Developments Approved with Streamlining Total Units Constructed with Streamlining Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Total Units Housing Applications Summary Use of SB 35 Streamlining Provisions Note: Units serving extremely low-income households are included in the very low- income permitted units totals Number of Applications for Streamlining Building Permits Issued by Affordability Summary Income Level Very Low Low Moderate Jurisdiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26. Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Housing Element Cycle 6 Update 150000 0 Other General Plan Fund BART ROW Park Area Plan 150000 0 Other Park In Lieu Fund Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year Deed Restricted 2 Non-Deed Restricted 0 Deed Restricted 20 Non-Deed Restricted 0 Deed Restricted 17 Non-Deed Restricted 1 341 381 Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 47 3 50 Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 27 3 30 Moderate Above Moderate Total Units Completed Entitlement Issued by Affordability Summary Income Level Very Low Low Moderate Above Moderate Total Units Building Permits Issued by Affordability Summary Income Level Very Low Low Total Units Certificate of Occupancy Issued by Affordability Summary Income Level Very Low Low Moderate Above Moderate ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 300,000.00$ Task Status In Progress In Progress 0, CL w 0 V) m Lu E Oa 10 E a, 1'- d w_d ww J � Lu c J N Q 3 D O 2 = 2 a H 0 CL W m r u) O m ui c m 0 m CL a I-. 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Reporting Period 2020 31) 1 2 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Table H Locally Owned Surplus Sites Note: "+" indicates an optional field Cells in grey contain auto -calculation formulas Parcel Identifier Designation Size Notes 1 2 3 4 5 6 7 APN Street Address/Intersection Existing Use Number of Surplus Parcel Size (in Notes Units Designation acres) Jurisdiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) Building Permits Issued by Affordability Summary Income Level I Current Year Very Low Deed Restricted 0 Non -Deed Restricted 0 Low Deed Restricted 0 Non -Deed Restricted 0 Moderate Deed Restricted 0 Non -Deed Restricted 47 Above Moderate _ 0 3 Total Units 0 50 Note: Units serving extremely low-income households are included in the very low- income permitted units totals Housing Applications Summary Total Housing Applications Submitted: 8 Number of Proposed Units in All Applications Received: 591 Total Housing Units Approved: 0 Total Housing Units Disapproved: 0 Use of SB 35 Streamlining Provisions Number of Applications for Streamlining 0 Number of Streamlining Applications Approved 0 Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining 0 Units Constructed - SB 35 Streamlining Permits Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 _ 0 0 Above Moderate 0 0 0 Total 0 0 0 Cells in grey contain auto -calculation formulas Jutmddbn South San Francisco RePord" vas r 2Q20 gall 1- Dsc.. 31) Please update the status of the proposed uses listed in the entities 50515.02 or 50515.03, os applicable. Total Award Amount $ ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) application for funding and the corresponding impact on housing within the region orjurisdiction, as applicable, categorized 300,000.00 TWil ardamovntisovt pvlatedbosedonamounrsenwredi n—i 26. based on the eligible uses speci'ed in Section Task $Amount Awarded SCumuI:ZResimb rsement Very Low Non -Deed Restricted Task Status Other Fundin Notes Housing Element Cycle 6 Update 150000 0 17 In Progress Other General Plan Fund BART ROW Park Area Plan 150000 0 0 In Progress Other Park In Lieu Fund Above Moderate 3 Total Units 30 Summary of entitlements, building permits, and cernficotes of occupancy (onto-populatedfrom Table A2) Completed EntRlement Issued by Affordability Summary by Affordability Summxy Income Level Current Year Deed Restricted 2 Very Low Non -Deed Restricted 0 Low Deed Restricted 20 Non -Deed Restricted 0 Deed Restricted 17 Moderate Non -Deed Restricted 1 Above Moderate 34t Total Units 3g1 Building Permits Issued by Affordability Summary by Affordability Summxy Income Level Current Year Deed Restricted 0 Very Low Non -Deed Restricted 0 Low Deed Restricted O Non -Deed Restricted 0 Moderate Deed Restricted 0 Non -Deed Restricted 47 Above Moderate 3 Total Units So Certificate of Occupancy Issued by Affordability Summxy Income Level Current Year Deed Restricted 0 Very Low Non -Deed Restricted 0 Law Deed Restricted 0 Non -Deed Restricted 0 Deed Restricted 0 Moderate Non -Deed Restricted 27 Above Moderate 3 Total Units 30 w� DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) INSTRUCTIONS INTRODUCTION Note: Some instructions and definitions can be found in the column headers of the tables. (Cells with red marke Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the Department of Housing and Community Development (HCD). The following form is to be used for satisfying the reporting requirements of Government Code section 65400, subdivision (a)(2). These forms and instructions, originally adopted March 27, 2010, have been updated to incorporate new Housing Element APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly Bill 879); Chapter 366, Statutes of 2017 (Senate Bill 35), Chapter 664, Statutes of 2019 (Assembly Bill 1486), Chapter 159, Statues of 2019 (Assembly Bill 101), Chapter 661, Statutes of 2020 (Assembly Bill 1255), Chapter 15, and Statutes of 2020 How to submit the Housing Element Annual Progress Report (APR) The APR must be submitted to the Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year using the forms and tables specified by HCD. The APR provides information for the previous calendar year and must be submitted separately to both HCD and OPR (Gov. Code, § 65400.). There are two methods available for submitting APRs: 1. Online Annual Progress Reporting System - This allows jurisdictions to upload directly into HCD's database, limiting the risk of errors. To use the online system, email APR@hcd.ca.gov, and request login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is opr.apr@opr.ca.gov. 2. Email - Jurisdictions complete the Excel APR forms and submit to HCD at APR@hcd.ca.gov and to OPR at opr.apr@opr.ca.gov. When using the email method, send the electronic version as an Excel workbook attachment. Do not send a scanned copy of the tables. In addition to submitting Housing Element APRs, jurisdictions must also submit General Plan Annual Progress Reports to both HCD and OPR. Please email these documents to APR@hcd.ca.gov and opr.apr@opr.ca.gov. NOTE: When submitting successor entity reporting data as required pursuant to California Health and Safety Code 34176.1, the data must be identified as an addendum to the APR and emailed to APRC@hcd.ca.gov concurrently with the APR submittal. When using the online system this report should be sent separately to the APR email box to satisfy the Government Cr,-'- rnr+; ., r_«nr, „p -,+;-g ,.q,.:...,.. + TABLE OF CONTENTS INTRODUCTION DEFINITIONS FORM INSTRUCTIONS GENERAL INFORMATION START HERE TABLE A Housing Development Applications Submitted TABLE A2 Annual Building Activity Report Summary - New Construction Entitled Permits and Completed Units TABLE B Regional Housing Needs Allocation Progress — Permitted Units Issued By Affordability TABLE C Sites Identified or Rezoned to Accommodate Shortfall Housing Need TABLE D Program Implementation Status pursuant to Government Code section 65583 TABLE E Commercial Development Bonus Approved pursuant to Government Code section 65915.7 TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2) TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Table H - Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569 DEFINITIONS 1. "Above moderate income" means households earning more than 120 percent of area median income. 2. "Annual Progress Report (APR)" means the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year reporting on the prior calendar year's activities. 3. "Application submitted" means an application submittal that has been determined complete by the jurisdiction. 4. "Area Median Income (AMI)" means the median household income based on household size of a geographic area of the state, as annually updated by the California Department of Housing and Community Development (HCD), pursuant to Health and Safety Code section 50093. 5. "Certificate of occupancy date" is the date(s) the certificate(s) of occupancy, or other evidence of readiness for occupancy (e.g., final inspection, notice of completion), was/were issued. 6. "Committed Assistance" is when a local government has entered into a legally enforceable agreement within a specific timeframe spanning from the beginning of the RHNA projection and may be executed throughout the planning period. Committed Assistance includes obligating funds or other in-kind services for affordable units available for occupancy within two years of the agreement. 7. "Completed Entitlement" means a housing development or project which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. This means that there is no 8. "Density Bonus" as defined in Government Code section 65915. 9. "Extremely low-income" means a household earning less than 30 percent of area median income pursuant to Health and Safety Code, section 50105. 10. "Infill housing unit" is defined as being a unit located within an urbanized area or within an urban cluster on a site that has been previously developed for urban uses, or a vacant site where the properties adjoining at least two sides of the project site are, or previously have been, developed for urban uses. For the purposes of this definition, an urbanized area or an urban cluster is as defined by the United States Census 11. "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. 12. "Lower-income or Low -Income" means a household earning less than 80 percent of area median income pursuant to Health and Safety Code, section 50079.5. 13. "Moderate income" means households whose income does not exceed 120 percent of area median income pursuant to Health and Safety Code, section 50093. 14. "Permitted units" mean units for which building permits for new housing construction have been issued by the local government during the reporting calendar year. For this purpose, "new housing unit" means housing units as defined by the Department of Finance for inclusion in the Department of Finance's annual "E-5 City/County Population and Housing Estimates" report, which is the same as the Census definition of a housing Note: Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Government Code sections 65852.2 and 65852.22 meet the definition above. 15. "Production report" or "Annual Progress Report (APR)" means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400 of Government Code. 16. "Project" or "Development" refers to a housing related activity where new construction of a unit(s) is proposed or has had a building permit and/or certificate of occupancy issued during the reporting calendar year. This may include single family, mixed use, multifamily, accessory dwelling unit, or any other developments where housing units, as defined by the U.S. Census Bureau and the California Department of Finance, are a component of the project. 17. "Realistic Capacity" means an estimate of the number of units that can be accommodated on each site in the inventory. The estimate must include adjustments to reflect land use controls and site improvement requirements but may rely on established minimum density standards. 18. "Reporting period" means the prior calendar year's activities for the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year and utilized to create the determination for which locality is subject to the Streamlined Ministerial Approval (SB35 Streamlining) 19. "RHNA" means the local government's share of the regional housing need allocation pursuant to Government Code section 65584 et seq. 20. Unit Category: type of units that are classified under the following categories: • Single Family -Detached Unit (SFD)- a one -unit structure with open space on all four sides. The unit often possesses an attached garage. • Single Family -Attached Unit (SFA)- a one -unit structure attached to another unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining units to form a property line. Each unit has individual heating and plumbing • 2-, 3-, and 4-Plex Units per Structure (2-4)- a structure containing two, three, or four units and not classified as single -unit attached structure. • 5 or More Units per Structure (5+)- a structure containing five or more housing units. • Accessory Dwelling Unit (ADU) - means a unit that is attached, detached or located within the living area of the existing dwelling or residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family dwelling is situated pursuant to Government Code section 65852.2. An ADU also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or a manufactured home, as defined in Section 18007 of the Health and Safety Code. • Mobile Home Unit/Manufactured Home — a one -unit structure that was originally constructed to be towed on its own chassis. Please note: Spaces in a mobile home park can be counted towards RHNA, if the spaces counted are new hook-ups/spaces rather than new mobile home park residents moving onto existing lots. 21. "Very low-income" means households earning less than 50 percent of area median income pursuant to Health and Safety Code, section 50105. AUTHORITY CITED: Government Code section 65400. FORM INSTRUCTIONS GENERAL INFORMATION Fields in gray auto -populate. No data entry is needed. Some of the cells are locked to ensure data can be automatically uploaded to the online system. Tables A and A2 of the worksheet are currently configured to accept up to 1,000 lines of data. Insert rows if Projects are now tracked at all stages of development, from initial application to final certificate of occupancy. All dates must be entered as month/date/year (e.g., 6/1/2018). The form works best with macros enabled in Excel. Begin with the "Start Here" tab, as previous years' information will pre -populate in Table B after the jurisdiction's name is entered. START HERE Enter general contact and report information in the "Start Here" tab. It is important to start with this worksheet because the answers entered will affect how information is displayed (e.g. permit numbers from prior years are pre -populated when jurisdiction's name is entered). Information to enter includes: City or County name • Reporting calendar year (e.g., 2019). Please note: The reporting year will always be from January 1 — December 31 of the previous year. • Contact person • Title • Email • Phone • Mailing address This sheet includes instructions regarding submitting the Housing Element APR to HCD and OPR. TABLE A Housing Development Applications Submitted UIIIy 111WUUC UQLQ U11 IIUU_�111r' UIIILJ QIIU UCVCIU VIIICIILJ IUI VVIIII-11 all O1J 1J11L.auU11 VVG1ZI UCCIIICU L.UIIIPICLC UCLVVCCII January 1ST and December 31" of the reporting year identified on the "Start Here" tab. In table A, an "application" is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right), the application L.._ — L..:IJ:------ .a Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The Prior APN, Project Name and Local Jurisdiction Tracking ID are optional. • Prior APN — Enter an APN previously associated with the parcel, if applicable (optional field). • Current APN — Enter the current available APN. If necessary, enter additional APNs in the notes section field number 10. • Street Address — Enter the number and name of street. Project Name — Enter the project name, if available (optional field). • Local Jurisdiction Tracking ID — This may be the permit number or other identifier (optional field). 2. Unit Types: Each development should be categorized by one of the following codes. Refer to "Unit Category" in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following • SFA (single-family attached unit) • SFD (single-family detached unit) • 2-4 (two- to four -unit structures) 0 5+ (five or more unit structure, multifamily) • 2-4 (two- to four -unit structures) • 5+ (five or more unit structure, multifamily) • ADU (accessory dwelling unit) • MH (mobile home/manufactured home) 3. Tenure: Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options: • Renter occupant (R) or • Owner occupant (0) Fields 4 through 6 — Completed Entitlement 4. Affordability by Household Income — Completed Entitlement: For each development, list the number of units that have been issued a completed entitlement during the reporting year by affordability level and whether the units are deed restricted or non -deed restricted. Refer to the Definitions section for additional descriptions: • Very low-income households: 0-50% AMI • Low-income households: 50-80% AMI • Moderate -income households: 80-120% AMI • Above -moderate households: above 120% To verify income levels, refer to the income limit charts on HCDs website at http•//www hcd ca gov/grants funding/income-limits/state-and-federal-income-limits shtml (see section for Official State Income S. Entitlement Date Approved: Enter the date within the reporting year that all required land use approvals or entitlements were issued by the jurisdiction; leave blank if entitlement was approved outside the reporting year. Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of "Completed Entitlement." 6. # of Units Issued Entitlements: This is an auto -populated field. This field reflects the total number of units that were entitled for very -low, low, moderate, and above moderate income, as entered in field 4 on this table. Fields 7 through 9 — Building Permit 7. Affordability by Household Income — Building Permits: For each development, list the number of units that have been issued a building permit during the reporting year by affordability level and whether the units are deed restricted or non -deed restricted. Refer to the Definitions section for additional descriptions: • Very low-income households: 0-50% AMI • Low-income households: 50-80% AMI • Moderate -income households: 80-120% AMI • Above -moderate households: above 120% To verify income levels refer to the income limit charts on HCDs website at http•//www hcd ca gov/grants funding/income-limits/state-and-federal-income-limits shtml (see section for Official State Income 8. Building Permits Date Issued: Enter the date within the reporting year that the building permit was issued by the jurisdiction; leave blank if building permit was issued outside the reporting year. Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of "Permitted Units." 9. # of Units Issued Building Permits: This is an auto -populated field. This field will sum units that were permitted for very -low, low, moderate, and above moderate income, as entered in field 7 on this table. Fields 10 through 12 — Certificates of Occupancy 10. Affordability by Household Income — Certificates of Occupancy: For each development, list the number of units that issued certificates of occupancy or other form of readiness (e.g., final inspection, notice of completion) during the reporting year by affordability level and whether the units are deed restricted or non -deed restricted. Refer to the Definitions section for additional descriptions: • Very low-income households: 0-50% AMI • Low-income households: 50-80% AMI • Moderate -income households: 80-120% AMI • Above -moderate households: above 120% To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtmI (see section for Official State Income 11. Certificates of Occupancy (or other forms of Readiness) Date Issued: Enter the date the certificate of occupancy or other form of readiness (e.g., final inspection, notice of completion) was issued for the project. For most jurisdictions, this is the final step before residents can occupy the unit. Leave blank if certificate of occupancy was not issued in the reporting year. Enter date as month/day/year (e.g., 6/1/2018). 12. # of Units Issued Certificates of Occupancy or other forms of Readiness: This is an auto -populated field. This field will sum units that were issued a certificate of occupancy for very -low, low, moderate, and above moderate income, as entered in field 10 on this table. 13. How many of the Units were Extremely -Low Income Units (Optional): To gain a greater understanding of the level of building activity to meet the needs of extremely low-income households in the state, HCD asks that you estimate, to the extent possible, the number of units affordable to extremely -low income households. This number will be a subset of the number of units affordable to very low-income households, as indicated in fields 4, 7 and 10 above. Please note: The number entered in the very low section will not be reduced by the number entered here. Although completion of this field is optional, your input would be greatly appreciated. 14. Was Project approved using Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options: • "Y" if jurisdiction approved the project application pursuant to the streamlined ministerial approval process (SB 35 Streamlining). "N" for all other situations. 15. Are these infill units? To gain a greater understanding of the level of infill housing activity in the state, HCD asks that you clarify if the housing units reported are infill by selecting "Yes" or "No." Although completion of this field is optional, your input would be greatly appreciated. See Definitions section for "infill housing units" Fields 16 through 18: Please note, if any units are reported as very -low, low, or moderate income in fields 4, 7 or 10 then information in fields 16,17 and/or 18 must be completed to demonstrate affordability. In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above -moderate income. Fields 16 and 17 Housing with Financial Assistance and/or Deed Restrictions For all housing units developed or approved with public financial assistance and/or have recorded affordability deed restriction or covenants, identify funding sources and/or mechanisms that enable units to be affordable. 16. Assistance Programs Used for Each Development: Enter information here if units received financial assistance from the city or county and/or other subsidy sources, have affordability restrictions or covenants, and/or recapture of public funds upon resale. Use the drop-down menu to select the acronym of the applicable funding program(s), as listed below. To select more than one funding source click once then select the cell again and click another source. • Acq/Rehab: CaIHFA Acquisition/Rehab Loan Program • AHP: Affordable Housing Program - Fed Home Loan • AHSC: Affordable Housing and Sustainable Communities • CaIHOME: CalHOME • CDBG: Community Development Block Grant • CDLAC: CDLAC Bonds (CA Debt Limit Allocation Committee) • CESH: CA Emergency Solutions & Housing • ESG: Emergency Solutions Grant • GSAF: Golden State Acquisition Fund • HEAP: Homeless Emergency Aid Program • HHAP: Homeless Housing, Assistance and Prevention Program 0 HKEY: Homekey • HOME: Housing Investment Partnership Program • HOPWA: Housing Opportunities for Persons with AIDS • IIG: Infill Infrastructure Grant • LHTF: Local Housing Trust Funds • LIHTC: CTCAC/Low Income Housing Tax Credits • MHP: Multifamily Housing Program - HCD • MHSA: Mental Health Services Act Funding • MPRROP: Mobilehome Park Rehab & Resident Ownership Program • MRB: Mortgage Revenue Bonds • MyHOME: MyHome Down Payment Assistance • NHTF: National Housing Trust Fund • NPLH: No Place Like Home • PBSB: Section 8 Project -Based Rental Assistance • PDLP: Predevelopment Loan Program • RAD: Rental Assistance Demonstration Program • RDA: Redevelopment Agency or Successor Agency Funds • Sec 202: HUD Section 202 Housing for the Elderly • Sec 811: Section 811 Project Rental Assistance • SERNA: Joe Serna Jr Farmworker Housing Program • SHMHP: Supportive Housing MHP • SNHP: Special Needs Housing Program - CaIHFA • TOD: Transit Oriented Development Program • USDA: USDA Rural Development Housing Programs • VHHP: Veterans Housing and Homeless Prevention Program • Other: Describe in Notes 17. Deed Restriction Type: Enter information here if units in the project are considered affordable to very -low, low, and/or moderate income households due to a local program or policy, such as an inclusionary housing ordinance, regulatory agreement, or a density bonus. This field should not be used to enter the number of deed restricted units. Identify the mechanism used to restrict occupancy based on affordability to produce "deed restricted" units. Use the drop-down menu to select one of the following options • "INC' if the units were approved pursuant to a local inclusionary housing ordinance. • "DB" if the units were approved using a density bonus. • "Other" for any other mechanism. Describe the source in notes section number 21. 18. Housing without Financial Assistance or Deed Restrictions: Enter information here if the units are affordable to very -low, low and moderate income households without financial assistance and/or deed restrictions. In these cases, affordability must be demonstrated by proposed sales price or rents. • Sales prices and rents must meet the definition of affordable as defined in Health and Safety Code Section 50052.5 for owner -occupied units or Health and Safety Code section 50053 for renter -occupied units. • Describe how the newly constructed rental or ownership housing units were determined to be affordable to very- low, low, and moderate income households without either public subsidies or restrictive covenants. This may be based on various methods considering sales prices or rents relative to the income levels of households such as through a survey of comparable units in the area that show the unit would be affordable to very -low, low, or moderate income households. o The jurisdiction can consider comparable rental prices or new sales prices (actual or anticipated). The jurisdiction should consider costs for renters (i.e., 30% of household income for rent and utilities) or owners (e.g., 30% of household income for principal, interest, taxes, insurance and utilities, pursuant to Title 25 CCR • In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above -moderate income. 19. Term of Affordability or Deed Restriction: If units have committed financial assistance and/or are deed restricted, enter the duration of the affordability or deed restriction. If units are affordable in perpetuity, enter 1,000. If multiple funding sources or deed restrictions on the development have different terms of affordability, please enter the longest term of affordability. Although completion of this field is optional, your input would be greatly appreciated. 20. Demolished/Destroyed Units: This section is to report if the project and associated APN, has a permit, entitlement or certificate of occupancy in the reporting year, and the APN previously had demolished or destroyed units. • Enter the "Number of Demolished or Destroyed Units" in the reporting calendar year. • From the drop down menu select "demolished" if the units were torn down. Select "Destroyed" if the units were lost due to fire or other natural disaster. • From the drop down menu "Demolished/Destroyed Units Owner or Renter" select "R" for renter or "O" for owner. 21. Notes: Use this field to enter any applicable notes about the project or development. TABLE B Regional Housing Needs Allocation Progress — Permitted Units Issued By Affordability Table B is a summary of prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported. To assist jurisdictions in completing this form, HCD has pre -filled permit data as reported to HCD on prior APRs. Past unit information will auto -populate when the jurisdiction's name in the general information section of the "Start Here" tab is entered. Current year permitted units will auto -populate from data reported in table A2. If permit activity for current year is inaccurate, jurisdictions should make adjustments on field number 7, Affordability by Household Income — Building Permits in table A2. Please contact HCD at APR@hcd.ca.gov if data from previous years does not populate or if different than the information supplied in Table B. Any changes made by localities to previous years' data in Table B will not update prior APR records maintained by HCD. Table B reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction's share of regional housing need for the planning period. 1. Regional Housing Needs Allocation by Income Level: Lists the jurisdiction's assigned RHNA for the planning cycle by income group. This field will be auto -populated once the jurisdiction's name is entered in the "Start 2. Year: Lists the building permit data for each year of the RHNA planning cycle beginning in the first year and ending with the data from the current reporting year which can be found in Table A2. 3. Total Units to Date (all years): Totals the number of units permitted in each income category. 4. Total Remaining RHNA by Income Level: This field uses the information from the "Total Units to Date" category and deducts the units by income category from the jurisdiction's assigned RHNA number. Note: The total units remaining to meet the RHNA allocation is in the bottom right hand corner. TABLE C Sites Identified or Rezoned to Accommodate Shortfall Housing Need Please note: This table should only be filled out when a city or county identified an Unaccommodated Need of sites from the previous planning period Government Code section 65584.09, has Shortfall of Sites as identified in the housing element Government Code section 65583, subdivision (c)(1); or is identifying additional sites required by No Net Loss law pursuant to Government Code section 65863. The data in this inventory serves as an addendum to the housing element sites inventory. This table should not include rezoning for a specific project. 1. Project Identifier: Include the Assessor Parcel Number (APN) and street address. The project name and local jurisdiction tracking ID are optional. 2. Date of Rezone: If rezone was required, identify the date the rezone occurred. Enter date as month/day/year (e.g., 6/1/2018). 3. RHNA Shortfall by Household Income Category: For each development or site, list the number of units that are affordable to the following income levels (refer to Definitions section for more detail): • Very low-income households: 0-50% AMI • Low-income households: 50-80% AMI Note: rezoning is not required to accommodate moderate or above moderate RHNA shortfall. 4. Type of Shortfall: From the dropdown list, select one of the following for each project: • No Net Loss (Government Code section 65863): When a jurisdiction permits or causes its housing element sites inventory site capacity to be insufficient to meet its remaining unmet RHNA for lower and moderate - income households. In general, a jurisdiction must demonstrate sufficient capacity on existing sites or make available adequate sites within 180 days of there being insufficient sites to meet the remaining RHNA. • Unaccommodated Need (Government Code section 65584.09): When a jurisdiction failed to identify or make adequate sites available in the prior planning period to accommodate its RHNA by income category. Note: When this condition occurred, the housing element in the current planning period in most cases will have a program to make available adequate sites to address the unmet RHNA by income category in the first year of the planning period. • Shortfall of Sites (Government Code section 65583, subdivision (c)(1)): When a jurisdiction does not identify adequate sites to accommodate its RHNA by income category in the current planning period. Note: When this condition occurred, the housing element for the current planning period must have included a program to make available adequate sites to address the unmet RHNA by income category. For jurisdictions on an eight year planning period, the rezones must be complete within the first three years of the planning period. S. Parcel Size (Acres): Enter the size of the parcel in acres. 6. General Plan Designation: Enter the new General Plan Land Use designation. If no change was made, enter the current designation. 7. Zoning: Enter the new zoning designation for the parcel. If no change was made, enter the current zoning designation. 8. Density Allowed: Enter the minimum and maximum density allowed on each parcel. This is the density allowed after any zoning amendments are made. If no maximum density enter N/A. 9. Realistic Capacity: Enter the estimated realistic unit capacity for each parcel. Refer to Definitions for more information about "Realistic Capacity." 10. Vacant/Non-vacant: From the drop-down list, select if the parcel is vacant or non -vacant. If the parcel is non - vacant, then enter the description of existing uses in Field 11. 11. Description of Existing Uses: Include a description of existing uses. Description must be specific (i.e. SFR, MF, surplus school site, operating business, vacant commercial building, parking lot). Classifications of uses (i.e. "commercial", "retail", "office", or "residential") are not sufficient. TABLE D Program Implementation Status pursuant to Government Code section 65583 Report the status/progress of housing element program and policy implementation for all programs described in the housing element: 1. Name of Program: List the name of the program as described in the element. 2. Objective: List the program objective (for example, "Update the accessory dwelling unit ordinance"). 3. Timeframe in Housing Element: Enter the date the objective is scheduled to be accomplished. 4. Status of Program Implementation: List the action or status of program implementation. For your information, the following list includes the statutory requirements for housing element programs: • Adequate sites (Gov. Code, § 65583, subd. (c)(1)). Please note: Where a jurisdiction has included a rezone program pursuant to Government Code section 65583.2, subdivision (h) to address a shortfall of capacity to accommodate its RHNA, Table C must include specific information demonstrating progress in implementation including total acres, brief description of sites, date of rezone, and compliance with by -right approval and density requirements. • Assist in the development of low- and moderate -income housing (Gov. Code, § 65583, subd. (c)(2)). • Remove or mitigate constraints (Gov. Code, § 65583, subd. (c)(3)). • Conserve and improve existing affordable housing (Gov. Code, § 65583, subd. (c)(4)). Promote and affirmatively further fair housing opportunities (Gov. Code, § 65583, subd. (c)(5)). • Preserve units at -risk of conversion from low-income use (Gov. Code, § 65583, subd. (c)(6). Please note: Jurisdictions may add additional rows in Table D to include all Housing Element programs, or to provide clarification or information relevant to demonstrating progress towards meeting RHNA objectives. TABLE E Commercial Development Bonus Approved pursuant to Government Code section 65915.7 Government Code section 65915.7 states: "(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that..." meets several criteria. If the jurisdiction has approved any commercial development bonuses during the reporting year, enter the following information: 1. Project Identifier: Include the parcel's APN number and street address. The project name and local jurisdiction tracking ID are optional. 2. Units Constructed as Part of the Agreement: For each development, list the number of units that are affordable to the following income levels (refer to definitions for more detail): • Very low-income households: 0-50% AMI • Low-income households: 50-80% AMI • Moderate -income households: 80-120% AMI • Above -moderate households: above 120% 3. Description of Commercial Development Bonus: Include a description of the commercial development bonus approved by the jurisdiction. 4. Commercial Development Bonus Date Approved: Enter the date that the jurisdiction approved the commercial development bonus. Enter date as month/day/year (e.g., 6/1/2018). TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net -new housing units and must be reported in Table A2 and not reported in Table F. Units that Do Not Count Toward RHNA: The jurisdiction may list for informational purposes only, units that do not count toward RHNA but were substantially rehabilitated, acquired or preserved. Units that Count Toward RHNA: To enter units in this table as progress toward RHNA please contact HCD at APR@hcd.ca.gov. HCD will provide a password to unlock the grey fields In orderto count units reported in this table as progress towards RHNA, the jurisdiction will need to provide information that demonstrate the units meet the standards set forth in Government Code section 65583.1, subdivision (c). These program requirements are summarized on the Alternative Adequate Sites Checklist. If HCD finds that the units meet the standards set forth in Government Code section 65583.1, subdivision (c) these units may credit up to 25 percent of the jurisdiction's adequate sites requirement per income category. Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Chapter 664, Statutes of 2019 (AB 1486) added to the Government code section 65400.1, which requires jurisdictions to include in this APR a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year. The listing of sites must include the entity to whom the site was transferred, and the intended use of the site. Table H Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569 Chapter 661, Statutes of 2019 (AB 1255) amended Government Code section 54230 to require cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls. Please note: Jurisdictions are only required to report on property located in an urban area or urbanized cluster. For a map of urban areas and urban clusters, please see HCD website here: https://cahcd maps arcgis com/apps/webappviewer/index html?id=5a63b04d7c494a6ebb2aa38a2c3576f5 Cities and counties must make a description of each parcel described in paragraph (1) of Government Code section 54230 and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400. "Surplus land" means land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use. Land shall be declared either "surplus land" or "exempt surplus land," as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A local agency, on an annual basis, may declare multiple parcels as "surplus land" or "exempt surplus land." "Surplus land" includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. Parcel Description must include the following: 1. APN: Enter the parcel number of the identified property. 2. Street Address/Intersection: Enter the street address of the property. If no street address is available, enter thl 3. Existing Use: Select the existing use of the property. Use the drop-down menu to select one of the following op • Residential • Commercial • Industrial • Public Facilities • Vacant • Air Rights • Other 4. Number of Units: If the existing use is residential, enter the number of units on the property. S. Surplus Designation: Please identify if the property has been designated surplus or exempt surplus pursuant to Government Code section 54221, or excess pursuant to Government Code section 50569. 6. Parcel Size (in acres): Enter the parcel size in acres. 7. Notes (Optional): Please include any applicable notes providing additional property description. This could include description of any characteristics of the property. Local Early Action Planning (LEAP) Grant Reporting Pursuant to Health and Safety Code section 50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy or other completed entitlements. Data sources may include the LEAP application (e.g., Attachment 1: Project Timeline and Budget), re -imbursement requests, other portions of the annual progress reports and other summary records of program activities. 1. Total Award Amount: Utilizing the LEAP application and award letter, fill in the total award amount for all proposed LEAP activities. 2. Task: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in all project level tasks. Do not fill in sub -tasks. For example, an application might include a project level task to prepare and adopt a downtown specific plan. In this case, simply fill in downtown specific plan and do not fill in sub -tasks such as outreach, traffic studies, drafting and adoption. 3. $ Amount Awarded: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in the total amount awarded for each project level task. 4. $ Cumulative Reimbursement Requested: Utilizing reimbursement requests sent to the Department, add up all requested amounts for each project level task. Note, this is reimbursement "requested" and not reimbursement "received". At the time of reporting, some reimbursement requests may be in process. The table does not need to address reimbursements in process. S. Task Status: Provide a brief description of the status of project level tasks. This description should address recently completed, upcoming milestones, anticipated completion dates and any schedule slippage. In addition, task status may express progress as a percentage of completion (e.g., 50% complete). 6. Other Funding: Note any other funding sources by amount being utilized to complete each project level task. If no other funding sources are being utilized, enter N/A. Examples of other funding includes SB 2 planning grants program, SB 1 sustainability planning grants program and local general funds. 7. Notes: Enter any other relevant information related to progress and impacts such as reasons for delays, anticipated numerical outcomes, etc. 8. Summary of Entitlements, Building Permits and Certificates of Occupancy: These tables will auto -populate from Table A2. Frequently Asked Questions Can I leave a row blank? Yes, you may leave blank rows in between rows that have information. However, you may not leave more than 10 rows in a .i information. Click on a cell in the row(s) and type Qrl-d How do I delete rows? Note: Macros must be enabled Why are the rows not summing correctly? The summary tab and sum rows only include activities that occurred during the reporting year, according to the year entered in the " Yellow Cells: Required cells for each row become highlighted yellow once any cell in the row contains a character. The affordability d. highlighted and required once any lower or moderate income units are entered into the form. Why are some cells highlighted yellow or green? Green Cells: Cells highlighted green are where you indicate the number of units by affordability. This is required for any project in Tal for the applicable sections (completed entitlement, issued building permits, issued certificates of occupancy) of Table A2. For examp was issued a building permit, but not an entitlement or certificate of occupancy during the reporting year, you would enter the unit o cells in the building permit section only. You may leave the other sections blank even though they are highlighted green, since they w example. Once a value is entered into this range, the range will no longer be highlighted green. Cells can be highlighted red for two reasons: Date cells: Sometimes, dates that are copied and pasted into this form are formatted as text. When pasting dates into the form pleas destination formatting" option. If the date cells are still highlighted red, they contain text. These must be converted to dates. To do sc Why are the date cells highlighted red? and paste in the dates that are formatted as text. In an adjacent column, enter the function=DATEVALUE and refer the function to th as text. This will result in a 5 -digit number. Copy and paste these SdigR numbers back into the APR form, then change the format of I (i.e., 3/4/2012). Text cells: Cells can also be highlighted red if the length of the text entered into the cell exceeds the character limit. Yes. Table A tracks all applications for residential development that were received and deemed complete during the reporting year. I Can the same project be included in both Table A and Table A2? entitlements, building permits, and certificates of occupancy for residential development that were issued in the reporting year. If a and received entitlements, building permits, and/or certificates of occupancy during the reporting year, that project would be listed ii A2. At minimum, the "Start Here" tab and Table D must be completed. if you have nothing to report in any of the other tables, please lea. What if I have nothing to report? N/A or something similar. How do I correct or update the values in Table B? Table B contains data HCD has received from prior APR submittals as of October 6, 2020. If the numbers do not match your records, p HCD's guidelines are as follows: If the 6th cycle started BEFORE July 1, 2019, the APR must be uploaded into the 6th cycle. If the 6th c, Do I upload this form into the record for the 5th Cycle or the 6th Cycle? 2019, the APR must be uploaded into the 5th cycle record. Government Code section 65400 requires the planning agency to provide this report to the legislative body (i.e. local Council or Boarc Do I need to take the form to my Council or Board prior to submitting the APR? of each year. The statute does not specify in which order they be provided, and HCD does not require the report to be submitted to tl submitting it to HCD. Can I use this form for a prior year? You can use this form for 2018 and 2019. Make sure to change the reporting year in row 5 of the "Start Here" tab. Table G is not requ For the years 2017 and prior, you must use the old version of the APR form found on HCD's website. Does submitting the Housing Element APR fulfill the requirements of submitting a General Plan APR? No, Government Code section 65400 requires jurisdictions to also submit a General Plan Annual Progress Report to OPR and HCD. Th. opr.apr@hcd.ca.gov and APR@hcd.ca.gov IL O N C C C y M N C N C N C N y In t Q N @ LL N N I- Q' d f� N o n OD N O L O U CO L ' L'E O Cl)L G � � v � m o � t9 U m m � E C � Z f6 0 U m u> N a U m s @ m Q N OLa Z Z — N O d O 7 a i E L U w Lf -1iN H W d (A U N Optlaut This run a mxro whkM1 cM1xYs ro mwre all rtquired fields are flkrl out The mxm wlll create lwv fiks sash in Me same dirtctorygh APRfik h savM in. Cne fik wAl be a comof the APRwiM hghlighted calk wM1kh rcquirc information. TM1e other fikwiA be Ihtof tlieprobkmatk cNh, akngwNM1 a descdption of Me mturcof be error. Optlonel: Save before runnin . This mpi. data on Table A2, and creates anotherworklwokwRh Me tab@ spin oss 4 tabs, each of whl& can fit onto a single page for easier printing. Running this --ill remove the mems on the column headers, whkh wntain the instructions. Do not save the APR fik after running in order to preserve commems once R is reopened. Optb 1:Th'smacroidemaiesdatesentered that oaurred outside of the reporting year. RHNA credo Is only given for building permas'ssued during the reporting yea, tkgtblMpolrnsesbm: https://apr.hcd.ca.goy/APR use save your file as Jurisdictionname2019 (no spaces). Example: the city of In Luis Obispo would save their file as Sanl-uisObispo2019 )using Element Annual Progress Reports (APRs) forms and tables must be bmilted to HCD and the Governor's Office of Planning and Research (OPR) on or fore April 1 of each year for the prior calendar year; submit separate reports ectiy to both HCD and OPR pursuant to Government Code section 65400. There a two options for submitting APRs: Online Annual Progress Reporting System (Preferred) - Please see the link the online system to the left This enters your information directly into HCD's tabase limiting the risk of errors. If you would like to use the online system, email )R®hcd.ca.aov and HCD will send you the login information for your jurisdiction. ease note: Using the online system only provides the information to HCD. The )R must still be submitted to OPR. Their email address is oprapr@opr.ca.gov. Email - If you prefer to submit via email, you can complete the excel Annual ogress Report forms and submit to HCD at APR@hcd.ca.aov and to OPR at r.apr®oor.ca aov. Please send the Excel workbook. not a scanned or PDF copy the tables. r Or a w 0 N d W W y O °' a� z� wa wW J O) W c J N Q � O Z = 2 Q I. - Ir d' O a g w y o� w,yP � U d o E U CL a F E z LU c w E J d UJ W J ¢ c Z 'w Z 7 z O ¢ S H O IL w w w O O w CL z w 2 LU J W J Q z z Q _ O as E d a E O E 0 Mu C .N O x 'N p> a a C do d 'O A S c O y V ~ y H a t d _a d d E R d e V 7@ R lc0 L N« Q1 .O 'p O) q d C O. 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Reporting Period 2020 31) ANNUAL ELEMENT PROGRESS REP( Housing Element Implementation (CCR Title 25 §6202) )RT Note: "+" indicates an optional field Cells in grey contain auto -calculation formulas Designation Size Notes 6 6 7 Surplus Parcel Size (in Designation acres) Notes Jurisdiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) Building Permits Issued by Affordability Summary Income Level I Current Year Very Low Deed Restricted 0 Non -Deed Restricted 0 Low Deed Restricted 0 Non -Deed Restricted 0 Moderate Deed Restricted 0 Non -Deed Restricted 47 Above Moderate 0 3 Total Units 0 50 Note: Units serving extremely low-income households are included in the very low- income permitted units totals Housing Applications Summary Total Housing Applications Submitted: 8 Number of Proposed Units in All Applications Received: 591 Total Housing Units Approved: 0 Total Housing Units Disapproved: 0 Use of SB 35 Streamlining Provisions Number of Applications for Streamlining 0 Number of Streamlining Applications Approved 0 Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining 0 Units Constructed - SB 35 Streamlining Permits Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0 Above Moderate 0 0 0 Total 0 0 0 Cells in grey contain auto -calculation formulas junsaiction South San Francisco Reporting Year 2020 (Jan. 1 - Dec. 31) I update the status of the proposed uses listed in the entity's application for funding and the c 02 or 50515.03, as applicable. Total Award Amount I $ Task $ Amount Awarded �p %ournuiative Reimoursement Requested Housing Element Cycle 6 Update 150000 0 BART ROW Park Area Plan 150000 0 Summary of entitlements, building permits, and certificates of occupancy (auto -populated from Tat Completed Entitlement Issued by Affordability Summary Income Level Very Low Deed Restricted Non -Deed Restricted Low Deed Restricted Non -Deed Restricted Moderate Deed Restricted Non -Deed Restricted Above Moderate Total Units Building Permits Issued by Affordability Summary Income Level Very Low Deed Restricted Non -Deed Restricted „��� Deed Restricted `Wvv Non -Deed Restricted Moderate Deed Restricted Non -Deed Restricted Above Moderate otal Units Certificate of Occupancy Issued by Affordability Summary Income Level Very Low Deed Restricted Non -Deed Restricted Low Deed Restricted Non -Deed Restricted Moderate Deed Restricted Non -Deed Restricted Above Moderate Total Units ANNUAL ELEMENT PROGRESS REPORT -ocal Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) •orresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the 300,000.00 Total award amount is auto -populated based on amounts entered in rows 15-26. Task Status In Progress In Progress ale A2) Current Year 2 0 20 0 17 1 341 381 Current Year 0 0 0 47 50 Current Year 1 27 30 eligible uses specified in Section Fundina Notes Other (General Plan Fund I Other IPark In Lieu Fund c N d 0 N I a7 0 C IL O L eo CD 0 d OC c ea cm c C C m CL O 0 0 h -y L �3 a C7 �a IL V C d i3 0 LL 3 LL 3 LL 3 LL 3 LL EOL o � 'N 3 o O O - ` a o c 3 LL 3 LL 3 LL c�,U �,� a) -cam im a) i a) ` c C O .:a N c c N C m a ZZ a) 3 C c U c O a) L N N OR o m E 0 .c N 7 7 Ea o a y ~ Z aa) m 6) CL a .9 W L � o v � N W C W _ N N •V N U o vi O y c 3 a o� 0) - r m = CDD m - fn W C6 N US Q V ' ,(D c .0 C Via' a) m 0 d (n m c 0 0 O N u0i U • -0 c C E a) E O c 0 L O r O� C -v 3 rn� o a m C m O (D m W a aD CO o LLI� E� a) �L c :.cQE�3 m o o 1240 U a) 0 m U o aa)iA U a CU u0, m� cm 0 m o Wo,r o L a) d E 0 :L -CO N > co LL - ` y M 06 0 fn Q CO w- -a- Q to ) U) 7 Q E IM Ux ❑� E L d- a) mLi-D 4) m'0_j g co Q" c m U o c W 3 �•� cm) Qcco . 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LE m 4: m E e J O L 0 O c O O a) 3 O O+ m O CL O + m CD a) W 0 C 0 N "O3 O O o c c C N' y 3 Q L L 7 L O O rz N 0 c0 0 0 v_ u_ to m U m U 0 m m U fn Q Q Q J J U d J 1 Analysis of South San Francisco General Plan (GP) with Adopted Office of Planning and Research (OPR) Guidelines – 2017 Version March 10, 2021 OPR Guideline Requirement (to the extent that it is relevant)1 Reference or Comment Degree of Compliance Contains all 7 mandatory elements GP contains Land Use, Transportation (Circulation), Housing, Open Space and Conservation, Noise, and Health and Safety Elements. Additional local elements include: Planning Sub-Areas; Parks, Public Facilities and Services; and Economic Development. Full Plan is integrated and internally consistent An independent review of the South San Francisco 1999 General Plan and the 2015-2023 Housing Element found that the plan is integrated and internally consistent. Full Land Use Element Contains a Land Use Diagram in sufficient detail to describe land use proposals GP contains a Land Use Diagram with sufficient detail to describe land use proposals, pg. 2-6. Full Shows distribution of housing, business and industry GP Land Use Diagram shows areas for residential (housing), commercial, office, industrial, public, parks and recreation, open spaces, mixed uses, transportation center, school uses, and several sub-categories of uses, pg. 2-6. Full Distribution of open space including agriculture GP Land Use Diagram shows proposed open space uses. There are no agricultural lands in South San Francisco, pg. 2-6. Full Distribution of natural resources Natural Resources are not addressed in the Land Use Element. However, they are addressed in the Open Space and Conservation Element. Partial – Recommend inclusion in future update Distribution of recreation facilities and opportunities GP Land Use Diagram, pg. 2-6, the Land Use Element text, pg. 2- 21 thru 2-25, and the Parks, Public Facilities and Services Element, pg. 5-1 thru 5-21 describe the distribution of recreation facilities and opportunities. Full Location of educational facilities GP Land Use Diagram, pg. 2-6, the Land Use Element text, pg. 2- 21 thru 2-24, and the Parks, Public Facilities and Services Element text pg. 5-1, -23, -25 & -26 describe the location of educational facilities. Full Location of public buildings and grounds GP Land Use Diagram, pg. 2-6, the Land Use Element text, pg. 2-5, -16, -19 thru -23, -25, -33 & -46, and throughout the Parks, Public Facilities and Services Element text, describe the location of public buildings and grounds. Full 1 Language from the OPR Guidelines. 2 Location of solid and liquid waste facilities The Land Use Element text does not describe the location of solid and liquid waste facilities. Non-compliance Identification of areas subject to flooding The Land Use Element text, pg. 2-25 and the Health and Safety Element text, pg. 8-10 & -11 and map on pg. 8-13 identifies areas subject to flooding. Partial – Recommend Map inclusion in updated Land Use Elem. Identification of Timber Preserve Zone lands There are no Timber Preserve Zone lands in South San Francisco. N/A Military land use compatibility There are no military land uses in or adjacent to South San Francisco. N/A – Recommend topic be addressed in future update Contains standards for population intensity and building intensity The Land Use Element text and tables, pg. 2-7, -9 and -13 thru -25 contains standards for population intensity and building intensity. Full Transportation (Circulation) Element Contains definitions and descriptions of: Major thoroughfares The Transportation Element maps, pg. 4-7 & 4-15 and the Circulation Element text, pg. 4-5, 4-10 thru -12, define and describe major thoroughfares; freeways, arterials, collectors, local streets and street standards. Full Transportation routes The Transportation Element maps and text, pg. 4-1, -4, -19, -22, -25, -27, -28, -29, -36, -37, & -39 defines and describes transportation routes. Full Terminals The Transportation Element maps pg. 4-26, -36, & -37 and text, pg. 4-14, -40 thru -42, defines and describes the rail, ferry and airport terminals. Full Military airports and ports There are no military airports or ports in South San Francisco. N/A Plan for a balanced, multimodal transportation network The Transportation Element maps pg. 4-26, -36, & -37, text and policies, pg. 4-1, -2, -14, -21, -23, -24, -27 describe a balanced, multimodal transportation network including complete streets, vehicle, bicycle, pedestrian, bus and rail facilities. Full Other local public utilities and facilities including railroads, airports and parking. The Transportation Element text, defines and describes transit and rail traffic, pg. 4-1, -4, & -40; airports, pg. 4-1 & -40; and parking, pg. 4-5, -21, -24, -25, -29, -32, -35, & -38. Full Housing Element (CA HCD found “In Compliance” (4/12/2018) Review of previous element The Housing Element includes discussions of public participation, pg. 5, review of past performance, progress in implementation, Full 3 effectiveness, and appropriateness of goals, objectives and policies, pg. 5-10 and Appendix A. Housing needs assessment The Housing Element includes a housing needs assessment as described in the Guidelines, pg. 11-34. Full Inventory and analysis of adequate sites The Housing Element includes an inventory and analysis of adequate sites as described in the Guidelines, pg. 77-93. Full Analysis of potential governmental and non- governmental constraints The Housing Element includes analyses of potential governmental and non-governmental constraints as described in the Guidelines, pg. 47-75. Full Housing policies and programs The Housing Element includes goals, policies and programs as described in the Guidelines, pg. 96-118. Full Quantified objectives The Housing Element includes quantified objectives as described in the Guidelines, pg. 119. Full Integrate community health, climate change, and other considerations affecting and affected by housing The Housing Element includes references to community health, pg. 9, 15, 18, 30, 43, &127; and climate action plan and change, pg. 10, 76, 117, &129. Full Open Space and Conservation Element The Conservation Element must address the conservation, development, and utilization of natural resources including: The Open Space and Conservation Element includes discussion and policies relating to habitat and biological resources, water quality, air quality, greenhouse gas emissions and historic and cultural resources conservation. Each of the required topics is discussed below. Water and its hydraulic force Discussion and polices related to surface and groundwater quality, pg. 7-1, -10, -11, & -12; however, it does not address the hydraulic force of water. Partial Forests There are no forests in South San Francisco N/A Soils The topic of soil conservation is not addressed in the Element. Non-compliance Rivers and other waters The topic of Colma Creek, the only major waterway in South San Francisco is addressed, pg. 7-2, -4, -5, -6, -10, & -11. Full Harbors and fisheries The topics of harbors and fisheries is not addressed in the Element. Non-compliance Wildlife The topic of wildlife and biological resources is addressed, pg. 7-1 thru 7-8 & 7-10. Full Minerals and other natural resources The topic of minerals is not addressed in the Element.2 Non-compliance The Open Space Element must address: Open space for the preservation of natural resources The Open Space and Conservation Element includes a discussion and maps of habitat conservation areas, pg. 7-3 thru 7-9. Full 2 USGS identifies a silver, zinc, lead resource in close proximity to the City. 4 Open space for the managed production of resources The Open Space and Conservation Element does not include a discussion of managed production of resources. Non-compliance Open space for outdoor recreation The Parks, Public Facilities, and Services Element includes a discussion and maps of outdoor recreation, pg. 5-2 thru 5-22. Partial - Recommend inclusion in updated Open Space and Conservation Element Open space for public health and safety The Open Space and Conservation Element does not include a discussion of public health and safety. While health and safety are discussed in the Health and Safety Element, those topics are not discussed in the context of open space. Non-compliance Open space for military support There are no military installations in or adjacent to South San Francisco. N/A – Recommend topic be addressed in future update Open space for tribal resources The Open Space and Conservation Element does not include a discussion tribal resources. Non-compliance The Open Space Element should contain an open space action program The Open Space and Conservation Element does not include an open space action program. Non-compliance Noise Element Issues to be addressed include: Major noise sources, both mobile and stationary; including roadway, rail, air, commercial and industrial sources The Noise Element text and maps, pg. 9-2 thru 9-11 describes existing and projected major community noise sources, including roadway, rail, air, and industrial sources. Full Existing and projected levels of noise and noise contours for major noise sources The Noise Element describes existing noise levels but does not include a map of existing noise contours for roadway, rail and industrial sources. An existing and projected noise contour map is included for air sources, pg. 9-5 and a projected noise contour map is included for roadway and rail sources, pgl 9-9. Partial Existing and projected land uses and locational relationship to existing and projected noise sources The Noise Element text, pg. 9-3 thru 9-7 describes the existing and projected land uses and locational relationship to existing and projected noise sources Full Existing and proposed sensitive receptors, including hospitals, convalescent homes, schools, churches and sensitive wildlife habitat The Noise Element, pg. 9-1, -2, -7, -12, -13, & -15 describes policies for sensitive receptors, including hospitals, convalescent homes, schools, churches and sensitive wildlife habitat Full Mitigation measures The Noise Element text, pg. 9-8, 9-11 thru 9-13 describes noise mitigation measures. Full 5 Implementation measures The Noise Element text, pg. 9-11 thru 9-13 & 9-15 describes implementing policies and possible solutions that address existing and foreseeable noise problems. Full Health and Safety Element Issues to be addressed include: Seismically induced surface rupture, ground shaking, ground failure, The Health and Safety Element text addresses seismically induced ground (surface) rupture, ground shaking, and ground failure pg. 8- 4 thru 8-6. Full Tsunami, seiche, and dam failure The Health and Safety Element text addresses seismically induced tsunami, and water waves (seiche), pg. 8-5 thru 8-7. There are no dams in or near South San Francisco, therefore the topic of dam failure is not addressed. Full Slope instability leading to mudslides and landslides The Health and Safety Element text addresses slope instability leading to landslides pg. 8-2, 8-4 thru 8-6. The element does not address mudslides. Partial Subsidence, liquefaction, and other seismic hazards identified on seismic hazard maps The Health and Safety Element text addresses liquefaction, pg. 8-2, 8-4 thru 8-6. The element does not address subsidence nor does it contain seismic hazard maps. Partial Flooding The Health and Safety Element text addresses flooding, pg. 8-10 thru 8-12 including a map on pg. 8-13. Full Wildland and urban fires The Health and Safety Element text addresses wildland and urban fires, pg. 8-20 thru 8-23. Full Evacuation routes The Health and Safety Element does not address evacuation routes. Non-compliance Peak load water supply requirements The Health and Safety Element does not address peak load water supply requirements, although the subject of emergency water supply is addressed in general. Non-compliance Climate change The Health and Safety Element does not address climate change although that topic is discussed in the Housing Element Non-compliance Minimum road widths and turnouts The Health and Safety Element does not address minimum road widths. Non-compliance Clearances around structures The Health and Safety Element text addresses clearances around structures, including defensible spaces and buffers between vegetation and structures, pg. 8-20 and 8-22. Full City Council Hearing March 10, 2021 1 2 Introduction to the Housing Element and Housing Opportunity Sites The Annual Progress Report for 2020 Housing Production to date Program Implementation Updates Preview of RHNA Cycle 6 General Plan Annual Progress Report 3 State required element for the General Plan: ◦Analyzes current and future housing needs; ◦Considers constraints to housing production; ◦Inventories housing resources and programs; ◦Conducts a capacity analysis to identify zoning to meet Regional Housing Needs Allocation (RHNA); & ◦Establishes a plan with programs to satisfy State, local, and advocate requests. Covers the reporting period of 2015-2023 4 Regional Housing Needs Allocation (RHNA) ◦State estimated number of needed housing units over the 8 year cycle of 2015-2023 ◦1,864 units assigned to SSF ◦City must show zoning capacity to comply City receives credit for building permits issued during a reporting year 5 Transit Village Area Downtown 6 Issued 50 building permits for new units – primarily ADUs or single family homes Received 8 applications for new housing, totaling 591 potential units As of December 31, 2020 1,027 units have been issued building permits (55% of goal) APR must be submitted to State by April 1st 7 Issued permits for 837 above moderate income units (RHNA allocation is 705) Issued permits for 85 very low or low income units (RHNA allocation is a combined 846) Pipeline building permits for 800+ units, including 158 low income units 8 HE includes programs to support: ◦Affordable Housing ◦Displacement protections ◦Energy Efficiency ◦Accessibility ◦Social Services Most program updates are on a yearly basis 9 RHNA allocation considerations include: ◦Jobs to Housing Ratio ◦Desirable schools ◦Proximity to transit These factors go into a magic algorithm = SSF likely to receive 4,000+ units for Expected doubling of current allocation for the RHNA 2023-2031 reporting period 10 State also requires annual reporting on compliance with the City’s 1999 General Plan GP currently being updated and this reporting finds compliance in most aspects Any non-compliant GP elements will be updated to conform with new state regulations adopted –this is typical of older GPs Request that City Council, by motion: 1.Accept the 2020 Housing Element and General Plan Annual Progress Report; and 2.Direct staff to transmit to State agencies for reporting by April 1, 2020. 11 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-181 Agenda Date:3/10/2021 Version:1 Item #:10. ..Title Report regarding proposed approach to evaluate benefits and disadvantages of modifications to Single Family General Plan and Zoning Regulations to allow additional housing types and density.(Lisa Costa Sanders, Project Administrator and Billy Gross, Senior Planner) RECOMMENDATION Staff recommends that the City Council review the proposed approach to evaluate benefits and disadvantages of modifications to Single Family General Plan and Zoning Regulations to allow additional housing types and density and to provide direction to staff. BACKGROUND On February 24,2021,City Council provided initial feedback and directed staff and the General Plan consultant team to analyze options to allow moderate density housing in districts that currently allow only single family homes.The initial proposal included a two-phase approach,with Phase 1 including technical analysis and community outreach,the results of which would be presented to the Council for a determination on whether to proceed with changes to the single-family land use regulations in the General Plan and Zoning Code Updates.If directed by the Council,Phase 2 would include preparation of the land use policies and zoning code regulations to allow additional housing types in single family neighborhoods. Based on the Council’s initial feedback,staff and the consultant team have further refined the Phase 1 scope, including an expanded community outreach plan, as outlined below: Phase 1 - Discovery and Listening Planning level research and analysis: o Evaluation of existing residential land use in the City including:parcel analysis;areas where moderate density housing is currently allowed,site and building design analysis (basic density,lot coverage,floor area, height and parking) and policy analysis. o Evaluate the current accessory dwelling unit (ADU)and junior accessory dwelling unit (JDU) allowances and compare to potential zoning change. o Review the potential density changes with State density bonus law and inclusionary housing requirements. o Complete an economic analysis to evaluate the density changes impact on land value,housing prices, social equity and gentrification. o Evaluate existing condominium regulations with potential density changes. o Consider the economies to build this housing type (developer feasibility). o Review how other communities address these issues. o Evaluate where in South San Francisco multi-plex housing might be appropriate, e.g. 2-4 scenarios showing geography extent of potential multi-plex housing (all single family parcels, refined by parcel City of South San Francisco Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:21-181 Agenda Date:3/10/2021 Version:1 Item #:10. size, refined by location in City). Community Engagement: o Community-wide Educational Forum hosted by the Community Advisory Committee (May 2021).This would provide an opportunity for the community to understand the concept of allowing multi-plex housing in single family neighborhoods,see examples of the housing type and understand the challenges and opportunities. o Conduct four virtual community-wide meetings (late May and June 2021).The meetings will include a brief overview of multi-plex housing and be an opportunity to hear community comments. o Conduct one in-person community meeting/open house workshop in Downtown (June 2021,pending COVID health orders). Additional opportunity to hear community comments. o All of the community outreach meetings identified above will be noticed citywide with a postcard mailer,use of social media and email announcements,flyer distribution,and other identified communication measures. o Community Advisory Committee (CAC)meeting (June).Comments from the community meetings and findings from the research will be presented for discussion by the CAC. o Planning Commission meeting (late June).Comments from the community and CAC meetings and findings from the research will be presented for a recommendation to the City Council. o City Council meeting (July).Comments from the community,CAC and Planning Commission meetings and findings from the research will be presented for a decision on whether to move forward to Phase 2. If the Council decides to allow multi-plex housing in single family neighborhoods,staff and the consultant team will proceed with Phase 2.In general,Phase 2 will include release of the Notice of Preparation (NOP)on the EIR to reflect the change to the land use map and preparation of General Plan policies and Zoning Code regulations,including design standards.More details of the Phase 2 scope of work will be presented to the City Council in July with consideration of the item. Phase 1 is estimated to cost $50,000 -$75,000 (depending on the number of community outreach meetings)and Phase 2 is estimated to cost $50,000.The work is estimated to extend the overall General Plan update process by approximately four months. FUNDING The complete work for this project is estimated at $100,000 to $125,000.The first phase is estimated to cost $50,000 -$75,000.The cost will be funded from REAP funds (State housing grant funds)and the General Plan reserve fund. CONCLUSION Staff recommends that the City Council review the proposed approach to evaluate benefits and disadvantages of modifications to Single Family General Plan and Zoning Regulations to allow additional housing types and density and to provide direction to staff. City of South San Francisco Printed on 4/21/2021Page 2 of 2 powered by Legistar™ Approach to evaluate Single Family regulations, additional housing types and density with the General Plan Update March 10, 2021 Background City Council, at its February 24, 2021 meeting provided initial feedback and requested Staff and the General Plan consultant team to further analyze options to allow additional housing types and densities in single family neighborhoods. City Council requested the approach include a community outreach component Staff and Raimi + Associates expanded the initial approach for City Council consideration Proposed Research + Analysis Existing Land Use Analysis Areas where moderate density housing is currently allowed Site and building design standards Policy and Economic Analysis Current accessory dwelling unit (ADU) and junior accessory dwelling unit (JDU) allowances Current State density bonus law and inclusionary housing requirements Existing condominium regulations Impact on land value, housing prices, and gentrification Developer feasibility Parking and traffic Peer Communities Analysis Proposed Research + Analysis Scenario Analysis Analyze the possibility of existing single-family parcels being divided Evaluate where in South San Francisco moderate density housing types might be appropriate Hazard areas Proximity to amenities Parcel characteristics Refined Phase I Engagement Process Community Advisory Committee Educational Forum Kick-off Virtual Listening Sessions (2 in Late May) Launch Online Survey (Late May) May 2021 Virtual Listening Sessions (2) In-Person Listening Session Downtown CAC Meeting Planning Commission Meeting (Late June) June 2021 City Council Meeting July 2021 Proposed Outreach Methods Community-wide mailer Social media and email announcements Flyers Spanish-language material translation and interpretation provided Existing ConditionsReports Vision + Guiding Principles Public Draft Climate Action Plan Draft General Plan + Zoning Code Final GP, EIR, Zoning Code 2020 2021 Policy FrameworksLand Use Alternatives 2022 Fall Winter Summer Fall Key Engagement Time Planning Timeline Summer Preferred Alt / Final Land Use Plan Spring Spring Initiate EIR + Zoning We are here Winter Moderate Density Listening Questions for Consideration Tonight Are there other technical issues or policy questions you would like to address in Phase I? Does City Council have comments on the refined approach to community engagement? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-184 Agenda Date:3/10/2021 Version:1 Item #:11. Report regarding authorizing the Mayor to send a letter in support of Senate Bill 260.(Christina Fernandez, Assistant to the City Manager and Niccolo De Luca, Townsend Public Affairs) RECOMMENDATION It is recommended that the City Council receive a report on Senate Bill 260 and authorize the Mayor to send a letter in support. BACKGROUND/DISCUSSION From worsening wildfires to rising seas,Californians are already feeling the effects of climate change.Senator Wiener believes Senate Bill 260 will reduce corporate pollution by providing an accurate representation of corporate emission data and creating strong market incentives for companies to lower their emissions. Currently,many corporations are not subject to carbon reporting laws,and those who do report their emissions do not report their full carbon footprint.The lack of transparency makes it difficult to regulate emissions and set appropriate reduction targets. In January 2021,Senator Scott Wiener introduced Senate Bill 260,the Climate Corporate Accountability Act (CCAA).SB 260 would be the first law in the country to require U.S.based companies to disclose all of their greenhouse gas emissions and set science-based targets to reduce those emissions.Publicly traded domestic and foreign corporations with annual revenues in excess of $1 billion dollars that do business in California would be required to disclose their greenhouse gas emissions from the prior calendar year. SB 260 requires companies to make annual public disclosures with a complete carbon emissions inventory encompassing three scopes:1)corporations’direct emissions,including fuel combustion;2)emissions from purchasing and using electricity;and 3)indirect emissions stemming from the corporation’s supply chain. CCAA requires the most comprehensive set of emissions reporting requirements for large corporations.The bill impacts the majority of the nation’s largest corporations, who almost all do business in California. The California Air Resources Board (CARB)will manage this process and has one year to create a reporting structure,and companies will have one year to comply.CCAA provides companies until 2025 to begin setting their emissions reduction targets-a process overseen by CARB.Companies will also be required to use a CARB approved third party auditor to conduct their carbon emissions inventory and to determine their emissions targets. Disclosures are required to be provided to the public in a widely available digital platform. FISCAL IMPACT There is no fiscal impact to the City. RELATIONSHIP TO STRATEGIC PLAN Support of Senate Bill 260 supports the City’s strategic plans to provide a healthy and sustainable environment for our residents, businesses, and community. City of South San Francisco Printed on 3/5/2021Page 1 of 2 powered by Legistar™ File #:21-184 Agenda Date:3/10/2021 Version:1 Item #:11. CONCLUSION It is recommended that the City Council receive a report on Senate Bill 260 and authorize the Mayor to send a letter in support. Attachment:Senate Bill 260 (Wiener) City of South San Francisco Printed on 3/5/2021Page 2 of 2 powered by Legistar™ SENATE BILL No. 260 Introduced by Senator Wiener (Principal coauthors: Assembly Members Cristina Garcia and Kalra) (Coauthor: Senator Min) (Coauthors: Assembly Members Carrillo, Chiu, Robert Rivas, Stone, and Ting) January 26, 2021 An act to add Section 38532 to the Health and Safety Code, relating to greenhouse gases. legislative counsel’s digest SB 260, as introduced, Wiener. Climate Corporate Accountability Act. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with the act. The act requires the state board to make available, and update at least annually, on its internet website the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board, as provided. This bill would require the state board, on or before January 1, 2023, to develop and adopt regulations requiring publicly traded domestic and foreign corporations with annual revenues in excess of $1,000,000,000 that do business in California, defined as “covered entities,” to publicly disclose their greenhouse gas emissions, categorized as scope 1, 2, and 3 emissions, as defined, from the prior calendar year. The bill would require the state board, on or before January 1, 2024, to develop and adopt regulations requiring covered entities to set science-based emissions targets, as defined, based on the covered entity’s emissions that have been reported to the state board. The bill 99 would require covered entities to disclose their greenhouse gas emissions and science-based emissions targets in a manner that is easily understandable and accessible to residents of the state, including, but not limited to, by making that information available on a widely available digital platform. The bill would also require covered entities to ensure that their public disclosures have been independently verified by a third-party auditor, approved by the state board, with expertise in greenhouse gas emissions accounting. The bill would require the state board to consult with a panel of experts to determine standards and protocols for the state board to utilize to collect data for all scope 3 emissions from covered entities and to set science-based emissions targets for covered entities. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a) California has demonstrated its leadership in the battle line 4 against climate change and the climate actions of the state have line 5 inspired and contributed to bold actions in other states and across line 6 the globe. line 7 (b) Yet, even in California, carbon emissions are not being line 8 reduced at the scale and pace required to avoid the worst impacts line 9 of climate change, and Californians are already facing devastating line 10 wildfires, sea level rise, drought, and other impacts associated with line 11 climate change. line 12 (c) California has achieved record economic growth, is the fifth line 13 largest economy in the world, and is a highly desired consumer line 14 market for the globe’s most profitable corporations. line 15 (d) Facing an imperative to act decisively and quickly to combat line 16 the growing climate threat and given the outsized role consumer line 17 purchasing plays in contributing to the climate crisis, publicly line 18 traded domestic and foreign corporations that have access to line 19 California’s tremendously valuable consumer market by virtue of line 20 exercising their corporate franchise in the state also share a line 21 responsibility for addressing the climate crisis in the Golden State. line 22 (e) Corporations play a major role in the worsening climate line 23 crisis through emissions activities that include, but are not limited 99 — 2 — SB 260 line 1 to, corporate operations, employee and consumer transportation, line 2 goods production and movement, construction, land use, and line 3 natural resource extraction. line 4 (f) Accurate, verified, and comprehensive data is required to line 5 determine a company’s greenhouse gas (GHG) emissions, also line 6 known as its carbon footprint, and to effectively identify the line 7 sources of the pollution and develop means to reduce the same. line 8 (g) To ensure reductions of GHG emissions are sufficient to line 9 address the climate crisis, it is necessary that a company set an line 10 emissions reduction target in line with the scale of reductions line 11 required to keep global warming at or below 1.5°C above line 12 preindustrial levels, as defined by the leading climate science. line 13 (h) The people and communities of California, facing the line 14 existential threat of climate change, have a right to know about line 15 the sources of carbon pollution, as measured by the GHG emissions line 16 data of those publicly traded domestic and foreign corporations line 17 benefiting from doing business in the state, and the emissions line 18 reduction goals of these corporations, as measured by science-based line 19 emissions targets, in order to make informed decisions about the line 20 impact of the consumers’ choices when purchasing, patronizing, line 21 and making investments in these corporations. line 22 (i) To ensure that corporate carbon emissions data disclosure line 23 and science-based emissions targets are actionable by the people line 24 of California, it is imperative that the information is conveyed in line 25 a manner that is understandable and accessible to the general line 26 public. line 27 (j) The current approach for monitoring climate emissions from line 28 private corporate enterprises relies almost exclusively on voluntary line 29 reporting of greenhouse gas inventories, goals, commitments, and line 30 agreements, and lacks the full transparency needed for the state to line 31 make meaningful, strategic, and rapid carbon reductions. By their line 32 nature, these voluntary campaigns neither record nor disclose the line 33 full list of emitters or the full scope of carbon pollution by those line 34 reporting the information. The result is a continuing lack of line 35 transparency from polluters. line 36 (k) Mandating GHG emissions data disclosure and science-based line 37 emissions targets for all publicly traded domestic and foreign line 38 corporations with annual revenues in excess of $1,000,000,000 line 39 that do business in California will also help the state achieve its line 40 climate goals through the creation of additional market-based 99 SB 260 — 3 — line 1 incentives that encourage innovative approaches to carbon line 2 reduction. line 3 (l) Given the corporate sector’s major role in the worsening line 4 climate crisis and given the state’s overall leadership in addressing line 5 and reducing climate emissions, it is in the interest of the state to line 6 require corporate disclosure of carbon emissions data and line 7 science-based emissions targets. line 8 SEC. 2. Section 38532 is added to the Health and Safety Code, line 9 to read: line 10 38532. (a) This section shall be known, and may be cited, as line 11 the Climate Corporate Accountability Act. line 12 (b) For purposes of this section, the following terms have the line 13 following definitions: line 14 (1) “Covered entity” means a publicly traded domestic line 15 corporation or a publicly traded foreign corporation with annual line 16 revenues in excess of one billion dollars ($1,000,000,000) that line 17 does business in California. line 18 (2) “Science-based emissions target” means a greenhouse gas line 19 (GHG) emissions reduction target that is in line with the scale of line 20 reductions required to keep global warming at or below 1.5°C line 21 above preindustrial levels, and includes scope 1 emissions, scope line 22 2 emissions, and scope 3 emissions. line 23 (3) “Scope 1 emissions” means all direct greenhouse gas line 24 emissions that stem from sources that a covered entity owns or line 25 directly controls, including, but not limited to, fuel combustion line 26 activities. line 27 (4) “Scope 2 emissions” means indirect greenhouse gas line 28 emissions from electricity purchased and used by a covered entity. line 29 (5) “Scope 3 emissions” means indirect greenhouse gas line 30 emissions, other than scope 2 emissions, from activities of a line 31 covered entity that stem from sources that the covered entity does line 32 not own or directly control and may include, but are not limited line 33 to, emissions associated with the covered entity’s supply chain, line 34 business travel, employee commutes, procurement, waste, and line 35 water usage. line 36 (c) On or before January 1, 2023, the state board shall develop line 37 and adopt regulations to require a covered entity to verify and line 38 annually report to the state board all of the covered entity’s scope line 39 1 emissions, scope 2 emissions, and scope 3 emissions. The state 99 — 4 — SB 260 line 1 board shall ensure that the regulations adopted pursuant to this line 2 subdivision require, at a minimum, both of the following: line 3 (1) That a covered entity, on or before January 1, 2024, and line 4 annually thereafter, publicly disclose all of the covered entity’s line 5 scope 1 emissions, scope 2 emissions, and scope 3 emissions for line 6 the prior calendar year in a manner that is easily understandable line 7 and accessible to residents of the state, including, but not limited line 8 to, by making that information available on a widely available line 9 digital platform. The public disclosure shall include the name of line 10 the covered entity and any fictitious names, trade names, assumed line 11 names, and logos used by the covered entity. line 12 (2) That a covered entity’s public disclosure pursuant to this line 13 subdivision is independently verified by a third-party auditor, line 14 approved by the state board, with expertise in greenhouse gas line 15 emissions accounting. The covered entity shall ensure that a copy line 16 of the complete, audited greenhouse gas emissions inventory for line 17 the prior calendar year, including the name of the approved line 18 third-party auditor, is provided to the state board as part of or in line 19 connection with the covered entity’s public disclosure pursuant to line 20 this subdivision. line 21 (d) On or before January 1, 2024, the state board shall develop line 22 and adopt regulations to require a covered entity to set a line 23 science-based emissions target, based on the entity’s emissions line 24 that have been reported to the state board pursuant to subdivision line 25 (c). The state board shall ensure that the regulations adopted line 26 pursuant to this subdivision require, at a minimum, both of the line 27 following: line 28 (1) That a covered entity, on or before January 1, 2025, and line 29 annually thereafter, publicly disclose the science-based emissions line 30 target the covered entity has set for its emissions in a manner that line 31 is easily understandable and accessible to residents of the state, line 32 including, but not limited to, by making that information available line 33 on a widely available digital platform. line 34 (2) That a covered entity’s science-based emissions target is line 35 independently verified by a third-party auditor, approved by the line 36 state board, with expertise in greenhouse gas emissions accounting. line 37 The covered entity shall ensure that a copy of the complete, audited line 38 science-based emissions target, including the name of the approved line 39 third-party auditor, is provided to the state board as part of or in 99 SB 260 — 5 — line 1 connection with the covered entity’s public disclosure pursuant to line 2 this subdivision. line 3 (e) In developing regulations pursuant to this section, the state line 4 board shall consult with a panel of experts, which shall include, line 5 but not necessarily be limited to, experts in climate science and line 6 corporate carbon emissions accounting, implementing state agency line 7 representatives, stakeholders representing consumer interests, and line 8 covered entities that are leaders in collecting, reporting, and setting line 9 targets for the reduction of their own carbon footprint, to develop line 10 standards and protocols for the state board to utilize to do both of line 11 the following: line 12 (1) Collect data for all scope 3 emissions from a covered entity. line 13 (2) Set a science-based emissions target for a covered entity. O 99 — 6 — SB 260 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. Report regarding a resolution approving a consulting services agreement with Nichols Consulting Engineers (NCE)of Richmond,California for the 2022 West of 101 Pavement Rehabilitation Project (No.st2107)in an amount not to exceed $1,596,000,authorizing the City Manager to execute the agreement,authorizing a total project design budget of $1,755,600 and approval of Budget Amendment Number 21.044.(Angel Torres, Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a consulting services agreement with Nichols Consulting Engineers (NCE)of Richmond,California for the 2022 West of 101 Pavement Rehabilitation Project (No.st2107)in an amount not to exceed $1,596,000,authorizing the City Manager to execute the agreement,and authorizing a total project design budget of $1,755,600.In addition,staff recommends that the City Council approve Budget Amendment Number 21.044,amending the Fiscal Year 2020-21 Capital Improvement Program budget by appropriating $500,000 in Road Maintenance (SB1) (Fund 212) into the project budget to cover the initial design fees. BACKGROUND/DISCUSSION With over 140 centerline miles of roadway,the City of South San Francisco pavement network represents a significant asset that is highly visible and important to the community and local businesses,and therefore requires good decision making as to how to best manage and maintain.It is the intent of this contract to deliver a pavement rehabilitation capital improvement project that balances the long-term pavement performance and sustainability with cost-effective design,construction and future maintenance,all while providing a project with minimal amount of traffic disruptions during construction. By front loading maintenance in 2022,as opposed to a longer time frame,the City is able to recognize economies of scale as well as significant savings in design,construction with less mobilization costs,and future annual street maintenance costs.This project will also bring meaningful and long-lasting improvements to the community,extend ADA accessibility on local streets,and enhance street aesthetics and overall function.It also provides more immediate improvement in the network pavement condition index (PCI)and a positive message of significant roadway improvements to the public.The rehabilitation work plan including recent rehabilitation projects will address over 25 centerline miles of streets (19%of entire network)with approximately $24 million total project costs.The overall network PCI will improve from 75 to 87 (good to excellent condition)upon completion of construction in 2022.With this larger rehabilitation program,the City will be able to reduce annual maintenance costs from $4.5 million per year to $2.0 million per year by treating all rehabilitation street candidates West of 101 and including upfront economy of scale savings which will save the City approximately $15.5 million over the next 15 years. The goal of this contract is to provide technical,timely,and cost-effective solutions to implement this 2022 West of 101 Pavement Rehabilitation program successfully.The key approach of NCE to design this high profile and large rehabilitation program will be as follows: City of South San Francisco Printed on 3/5/2021Page 1 of 6 powered by Legistar™ File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. 1)Completing detailed pavement investigations and analysis to implement the latest pavement technologies along with conventional pavement treatments to realize cost savings for construction. 2)Completing bid documents for early winter bidding in 2021 to secure more bidders and more competitive bids during the winter when contractors are less busy and looking to book work.This will also allow start of construction in April 2022 to accommodate a longer construction duration and completion of paving during warmer weather resulting in better constructed roadways. 3)Keeping the public informed with public workshops regarding the limits and types of street improvements,construction methods,duration of construction including construction operating days and hours, traffic control, parking restrictions, and access. 4)Minimizing the construction impacts with the selection of pavement technologies that can be more readily completed including fewer construction lifts,avoiding reconstruction that could introduce problematic subgrade and utility conflicts,selecting recycle in-place technologies that allow a paved surface rather than a rough milled surface with loose millings at the end of the working shift,faster paving with limited off/on-haul truck traffic, and sustainability benefits. 5)Identifying constructability issues during the field review including paving methods and access of equipment,construction equipment access and site constraints,ADA compliance and fit at intersections and pedestrian access points, potential impacts to residents or businesses, and utility conflicts. 6)Developing bid documents that are clear as to how traffic,noise,parking,access routes,and dust and debris will be managed by the contractor.Specifications and plans will clearly define schools (particularly drop-off/pick-up times),community buildings,businesses and their hours of operation and commute areas/traffic patterns,school bus routes,ADA access needs,and restrictions to construction times and days and other traffic control requirements to minimize delays and impacts.Management of phasing construction work items and project locations for such a large-scale project will also be considered in the development of the plans and specifications. Overview of City’s Procurement Process The City’s procurement process is governed by both state and local law.State law requires contracts for construction to be competitively bid pursuant to a set of specific,established rules.In particular,the City is required to award construction contracts to the “lowest responsible bidder”after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However,in awarding contracts for the purchase of professional services,equipment and supplies,the City has some latitude.State law requires the City to adopt regulations and policies to govern such service and supplies procurement,but otherwise provides the City flexibility in determining relevant requirements as long as they are consistent with applicable state law.(Gov.Code §54202.)Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV,No.1)govern the City’s purchasing policies and contract procurement processes. The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code,and generally involve any construction project City of South San Francisco Printed on 3/5/2021Page 2 of 6 powered by Legistar™ File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. Public projects are specifically defined under the Public Contract Code,and generally involve any construction project that is paid with public funds or those projects involving improvements,demolition or other work on public property or facility.Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work.Under the City’s policy,different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts,cost is generally the sole determining factor and the lowest responsible bidder is awarded the project even if another bidder appears to be more skilled but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods,supplies,and professional services. These rules do not apply to, and may not be used for, public construction projects. Contracts for the purchase of goods and services that exceed $10,000 requires staff to utilize open market procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are informal offers to perform work at a stated price.If the contract is greater than $25,000,staff will be required to solicit the project,such as issuing a Request for Proposals (“RFPs”) and obtain at least three written responses. Under this vendor selection process,cost can be only one factor in determining which vendor the City will ultimately select for services, equipment or supplies. This requirement is similarly reflected under SSFMC § 4.04.080. Thus,when utilizing the open market vendor selection process,the City is focused on the skill,ability,and expertise of the entity or person to be able to provide the service,equipment or goods to the City.The selection is based on competence,professional qualifications,and overall value to the City with cost being only one factor in the determination of an award. Federally Funded Procurements for Vendors (Supplies and Equipment) Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions.The City’s Purchasing Procedures also provides guidance on procuring supplies and equipment contracts that are federally funded.Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor.It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law.Each evaluation is a non-discrimination and equal opportunity for all vendors. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural,engineering,environmental,land surveying,or construction project management,the Government Code also specifically requires that such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §4526.)Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services,the City does not necessarily receive the best value when it pays the lowest price. (See e.g. California Attorney General Op. No. 94-819 (February 9, 1995)). General Request For Proposals (RFP) Review Process RFPs are the City’s primary method to procure equipment,materials,supplies,and professional services.Typically,this process consists of the City issuing the RFP for proposals from vendor candidates to demonstrate their qualifications and abilities to provide the City with desired services, equipment/supplies, or other goods. The City’s RFP will contain evaluation and scoring criteria used to rank vendor candidates based on the strength of their proposals. Typical factors include demonstrated knowledge,qualifications,industry reputation,implementation schedule, ease of implementation and cost.Factors not typically considered include the size of the firm and geographic location of the firm (i.e.whether the firm is local,in-or out-of-state),race,sex or gender.However,the City City of South San Francisco Printed on 3/5/2021Page 3 of 6 powered by Legistar™ File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. location of the firm (i.e.whether the firm is local,in-or out-of-state),race,sex or gender.However,the City does have the discretion to include geography as one evaluation factor and to select local vendors where the quality and price are equal between local and non-local vendors and federal funds are not used. The City assembles an evaluation panel comprised primarily of City staff and third-party consultants and personnel as necessary,to review and score the proposals,negotiate with the top-ranked candidate,and recommend the selection for City Council approval.Staff will also maintain records of the method of evaluation, final vendor selection and negotiations for a final contract. Once candidates are ranked and a top-ranked candidate is identified,staff will negotiate terms of the contract with that candidate.The final award of the contract is subject to consideration and approval by the City Council.Staff will present the selection recommendation to the Council and prepare a resolution awarding the contract to the recommended candidate.If the Council does not support staff’s recommendation,then it could elect not to take any action on the resolution or contract award,and may instead direct staff to either reconsider the other proposals selected or to re-issue the RFP which may include additional or different selection criteria and qualification requirements. Current Project: 2022 West of 101 Pavement Rehabilitation Professional Services Procurement The current project falls under Procurement Type 3:Open Market Procedures for Architectural and Engineering (A&E) Professional Services. Staff issued a Request for Proposals (RFP)on the ProcureNow website on December 10,2020.To generate interest in the project,staff notified design and engineering firms of the RFP advertisement.Staff reached out directly to all civil design firms from the City’s On-Call List as well.Six firms downloaded the proposal packet. Proposals were due on January 12,2021 and one firm,NCE,responded.Staff checked ProcureNow to generate a list of interested firms and contacted them to ask why they did not submit a proposal.Several firms stated that given NCE’s recent history of working on the City’s multi-year Pavement Management Program (PMP),they felt NCE would be best suited for this design project,while a few noted they were too busy with projects either already underway or scheduled to start soon. A&E Professional Services Total Cost NCE of Richmond, CA $1,596,000 Contingency $ 159,600 Total Project Design Budget $1,755,600 Note - Staff is pursuing a Bond Measure to fund remaining design costs and all pavement rehabilitation construction costs, as explained further below. NCE’s proposal was reviewed by a panel of three consisting of a Senior Engineer leading the City’s Pavement Management Program (PMP), Principal Engineer for the DPW Engineering Division and Associate Engineer. Members of the panel rated the proposals in the following areas: 1.Knowledge and Understanding -Demonstrated understanding of the RFP objectives and work requirements.Identification of key issues.Familiarity with state and federal procedures.Methods of approach, work plan, and experience with similar projects related to type of services. City of South San Francisco Printed on 3/5/2021Page 4 of 6 powered by Legistar™ File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. (30 points maximum) 2.Management Approach and Staffing Plan -Qualifications of project staff (particularly key personnel such as the project manager),key personnel’s level of involvement in performing related work and the team’s experience in maintaining schedule. (30 points maximum) 3.Qualifications of the Proposer Firm -Experience with similar projects.Technical experience in performing work related to type of services;capabilities of developing innovative or advanced techniques;strength and stability of the firm;technical experience and strength and stability of proposed subconsultants;demonstrated communications quality and success;and assessments by client references as available. (30 points maximum) 4.Presentation of a concise and responsive proposal. (10 points maximum) The NCE proposal was scored by the panel as follows: Scoring Criteria Points Awarded (avg) Points Possible Knowledge and Understanding 28 30 Management Approach and Staffing Plan 27 30 Qualifications of the Proposer Firm 30 30 Presentation of a concise and responsive proposal 9 10 Total 94 100 The NCE team provides the following benefits and distinguishing features to deliver the City’s project: ·Proven Track Record with the City -Successfully completed pavement resurfacing,rehabilitation,and reconstruction projects for the City since 2017,that comprised of 47.7 centerline miles of streets for resurfacing and 8.0 centerline miles of streets for rehabilitation. ·Knowledge of the City’s Roadway Network -NCE has worked recently with the City to develop an update to the City’s 6-Year Paving Plan and preliminary rehabilitation project on west of Highway. ·Demonstrated pavement rehabilitation design expertise from designing thousands of local streets. ·NCE is recognized as a leading pavement expert and will continue to utilize our research with FHWA and Caltrans and experience to bear for selection of pavement materials for the City. ·Familiarity with local regulations and working with Bay Area cities, utilities, and communities. ·Ability to work as a partner and extension of City staff. ·Tailored approach with cost-effective and deliberate pavement strategies with proven long-term performance balanced with other factors such as minimizing traffic impacts and inconveniences to residents and businesses. FISCAL IMPACT This project (CIP No.st2107)is a new project and was not previously included in the City of South San Francisco’s Fiscal Year 2020-2021 Capital Improvements Program.Staff requests the approval of Budget Amendment Number 21.044,transfer from Road Maintenance (SB1)Fund (212)to cover the initial consultant fees for services including project management,pavement design and regulatory compliance.It is staff’s intention to go to the bond market and procure remaining funds for this project.This will occur in the first/second quarter of 2021 with the intention of having the funding available in time to meet the payment City of South San Francisco Printed on 3/5/2021Page 5 of 6 powered by Legistar™ File #:20-997 Agenda Date:3/10/2021 Version:1 Item #:12. first/second quarter of 2021 with the intention of having the funding available in time to meet the payment requirements for remaining design services. Total Project Design Budget $1,755,600 Source of Funds Road Maintenance (SB1) Fund 212 $500,000 Bond Measure $1,255,600 Total Sources $1,755,600 The City has prepared a consulting service agreement for a two (2)year term starting March 22,2021 and ending March 22, 2023. This aligns with the anticipated schedule for the design and the construction project. Phase Start End Pavement Design March 2021 May 2021 60% & 90% PS&E April 2021 September 2021 100% & Final Bid Set PS&E September 2021 November 2021 Bidding & Award November 2021 February 2022 Pavement Rehabilitation Construction Project April 2022 October 2022 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 Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a consulting services agreement with NCE based on their qualifications,experience,references and understanding of the project. Attachments: 1.Presentation 2.NCE Proposal City of South San Francisco Printed on 3/5/2021Page 6 of 6 powered by Legistar™ 2022 WEST OF 101 PAVEMENT REHABILITATION PROJECT AWARD OF CONSULTANT DESIGN CONTRACT MARCH 10, 2021 ATTACHMENT 1 2022 West of 101 Pavement Rehabilitation Project CURRENT PAVEMENT CONDITION 2 2022 West of 101 Pavement Rehabilitation Project Total Rehabilitation Cost $17.5 M ($2.567 M/year) Average $4.567 M/year to maintain Pavement Condition Index at 78 Treat 17.2 CL miles (12% of entire network) Current Pay-As-You-Go Program (2020-2026) 3 2022 West of 101 Pavement Rehabilitation Project Total Rehabilitation Costs $24.0 M Treat 25.2 CL miles (19% of entire network) Average $2.0 M/year to maintain Pavement Condition Index at 87 Bond Measure Project (2020-2022) 4 *Final project lists will be modified via field review later 2022 West of 101 Pavement Rehabilitation Project Average $2 M/year Surface Seal by Zone Future Maintenance –Surface Seal By Zone 5 2022 West of 101 Pavement Rehabilitation Project Project Summary –Street Bond Program 6 Items Current Year by Year Project Bond Measure Project Rehabilitation Cost $2.5 M/yr $24 M Single Project Zone Surface Seal Cost $2.0 M/yr $2.0 M/yr 15-year Total Cost $4.5 M*15 = $67.5 M $24 M + $2.0 M*15 = $54 M (-20%) Upfront Cost Savings 0 $2.0 M Total Cost Savings 0 ($67.5 M –$54 M) + $2 M = $15.5 M Treated CL Miles (rehab. only)17.2 25.2 (+46%) Pavement Condition Index (PCI)Maintain Current Level (70s)Current Level + 10 points (80s) General Network Condition Good condition with low severity cracking and pavement distress, still poor condition streets Excellent –Significantly less pavement distress, no poor condition streets 7 Before After During Construction: Paving Before After Pavement Rehabilitation Striping Improvement 8 Before After Before After Curb Ramp Improvement 2022 West of 101 Pavement Rehabilitation Project 9 PROCUREMENT METHODS 1.Competitive Bidding for Construction Projects •Cost is generally the sole determining factor 2.Open Market Procedures for Vendors (Supplies and Equipment) •Cost > $25,000, required to solicit the project through an RFP •Cost can be only one factor in selection (SSFMC §4.04.080) •Federally Funded, do not include state or local geographical preferences. •Nondiscrimination and equal opportunity for all vendors. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services •Consultant is selected through a qualifications based selection(Gov. Code §4526.) 2022 West of 101 Pavement Rehabilitation Project 10 PROCUREMENT METHODS 1.Competitive Bidding for Construction Projects •Cost is generally the sole determining factor 2.Open Market Procedures for Vendors (Supplies and Equipment) •Cost > $25,000, required to solicit the project through an RFP •Cost can be only one factor in selection (SSFMC §4.04.080) •Federally Funded, do not include state or local geographical preferences. •Nondiscrimination and equal opportunity for all vendors. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services •Consultant is selected through a qualifications based selection (Gov. Code §4526.) 2022 West of 101 Pavement Rehabilitation Project 11 NCE TEAM •NCE has worked with SSF since 2017 •Nationally recognized pavement expertise •Completed >55 centerline mile streets design for surface seal and rehabilitation in SSF •Developed 6-year work plan for SSF •Familiarity with local regulations and working with Bay Area cities, utilities, and communities •Experience designing thousands of roadways 2022 West of 101 Pavement Rehabilitation Project 12 PMP BOND MEASURE FUNDING FOR DIFFERED MAINTENANCE Projects Design Cost Construction Costs Design as Percentage of Construction ST2104 –2020 Pavement Rehab $294 K $2.5 M 12% ST2106 –2021 Pavement Rehab $215 K $2.2 M 9.8% ST2107 –2022 West of 101 Pavement Rehab $1.6 M $18 M 8.9% Budget Item Costs Total Consultant Design Services Agreement (NCE)$ 1,596,000 13 Design to start in March 2021 Anticipate Bid & Award in Nov/Dec 2021 Estimate Construction completed in 2022 2022 West of 101 Pavement Rehabilitation Project QUESTIONS? 14 January 12, 2021 2022 West of 101 Pavement Rehabilitation Project City of South San Francisco PROPOSAL Submitted By: Point Richmond Office 501 Canal Blvd., Suite I Point Richmond, CA 94804 Phone: 510.215.3620 ATTACHMENT 2 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Table of Contents 1. Introductory Letter .................................................................................................................................................... i 2. Consultant Introduction, Qualifications, and Experience ......................................................................................... 1 3. Organization and Approach ...................................................................................................................................... 6 Key Issue: Successful Delivery of Large Scale Paving Program ............................................................................... 18 Key Issue: Pavement Investigation and Design ...................................................................................................... 19 Solution ................................................................................................................................................................... 19 Key Issue: Detailed Plans and Specifications .......................................................................................................... 20 Solution ................................................................................................................................................................... 21 4. Scope of Work ......................................................................................................................................................... 24 5. Schedule of Work (not included in page count) ......................................................................................................... 6. Conflict of Interest Statement ................................................................................................................................ 30 7. Litigation Statement ............................................................................................................................................... 30 8. Cost Proposal / Task Hours ..................................................................................................................................... 30 Appendix A NCE Staff Resumes B Subconsultants’ Key Staff Resumes C Sample Brochure Richmond, CA 501 Canal Boulevard, Suite I Point Richmond, CA 94804 (510) 215‐3620 1. Introductory Letter January 12, 2021 Angel Torres, PE, Senior Civil Engineer City of South San Francisco Public Works Department ‐ Engineering Division 315 Maple Avenue South San Francisco, CA 94080 Proposal – 2022 West of 101 Pavement Rehabilitation Project Dear Mr. Torres and Members of the Selection Committee: This is an exciting time in the City of South San Francisco’s Engineering Division (City) delivering historically one of the City’s largest street rehabilitation programs. By front loading maintenance by 2022 as opposed to over a longer time frame the City is able to recognize economies of scale and significant savings in future annual street maintenance costs. This project will also bring meaningful and long‐lasting improvements to the community, multi‐ modal transportation, ADA access, and street aesthetics and overall function. The mission is to provide technical, timely, and cost‐effective solutions to implement this program successfully that is well received and positively viewed by the City and its residents. With over 140 centerline miles of roadway, the City’s pavement network represents a significant asset that is highly visible and important to the community and local businesses, and therefore requires good decision making as to how to best manage and maintain. Similar to the projects we designed for the City in 2017 to 2021, NCE’s goal is to continue to partner with the City to deliver pavement rehabilitation design documents that balance long‐term pavement performance and sustainability, cost‐effective design and construction, future maintenance, and minimal traffic disruptions during construction for the City’s 2022 West of 101 Pavement Rehabilitation Project. NCE is a multi‐faceted civil engineering, pavement engineering, landscape architecture, and environmental service firm, which specializes in developing and designing pavement maintenance and rehabilitation programs for the City and public agencies all throughout California. NCE assisted the City in developing this program and is powerhouse known for delivering comprehensive multi‐year pavement work plans and civil engineering projects involving pavement management, pavement resurfacing, pavement rehabilitation, road reconstruction, complete streets elements, and green infrastructure solutions. NCE has successfully completed multi‐year work plan update, pavement resurfacing, rehabilitation, and reconstruction programs for the City as well as other municipalities throughout the Metropolitan Bay Area, in which we have developed a thorough understanding of what is important to local municipalities. Based on our extensive experience with the City’s infrastructure, pavement network, and updating of the City’s pavement management system, NCE has unprecedented knowledge of what is important to the City, its staff, and its residents. The NCE team provides the following benefits and distinguishing features to deliver the City’s project: Proven Track Record with the City – NCE has dedicated staff and a large team of professionals that has successfully completed pavement resurfacing, rehabilitation, and reconstruction projects for the City since 2017, that comprised of 47.7 centerline miles of streets for resurfacing and 8.0 centerline miles of streets for rehabilitation. Knowledge of the City’s Roadway Network – NCE has worked recently with the City to develop an update to the City’s 6‐Year Paving Plan and preliminary rehabilitation project on west of Highway. Demonstrated pavement rehabilitation design expertise from designing thousands of local streets. Richmond, CA 501 Canal Boulevard, Suite I Point Richmond, CA 94804 (510) 215‐3620 NCE is recognized as a leading pavement expert and will continue to utilize our research with FHWA and Caltrans and experience to bear for selection of pavement materials for the City. Familiarity with local regulations and working with Bay Area cities, utilities, and communities. Ability to work as a partner and extension of City staff. Tailored approach with cost‐effective and deliberate pavement strategies with proven long‐term performance balanced with other factors such as minimizing traffic impacts and inconveniences to residents and businesses. Contract Manager and Proposal Contact Ryan Shafer, PE, GE, is authorized to negotiate and contractually bind NCE to the City’s agreement and will be the primary point of contact for clarifications during the proposal evaluation period. His contact information is as follows: Mr. Ryan Shafer, PE, GE NCE Office Address: Phone: (510) 215‐3620 501 Canal Blvd, Suite I Email: rshafer@ncenet.com Richmond, CA 94804 Website: www.ncenet.com Required Statements NCE acknowledges receipt of Addendums #1, dated January 8, 2021. The NCE team is committed to the City and the success of your pavement projects. We are very interested in continuing our working relationship with the City to deliver this project. NCE looks forward to your favorable review of our proposal and the opportunity to continue our work with the City. Sincerely, NCE J. Ryan Shafer, PE, GE Principal City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 1 2. Consultant Introduction, Qualifications, and Experience Firm Profile Founded in 1990, NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resources challenges facing our communities today and in the future. Over 85% of NCE’s work is with local public entities. This contract will be managed from our Richmond office, which is located less than one hour from the City. Additionally, NCE has more than 100 employees available on an as-needed basis from our Richmond, Oakland, Sacramento, and Fountain Valley, California offices, as well as from our Reno and Lake Tahoe, Nevada offices. NCE has considerable experience planning and designing roadway facilities either as standalone projects or as integrated components of larger design and infrastructure projects incorporating bicycle, pedestrian, or other modes of transportation. Our company understands public agencies, their culture, how business is done, what is important to local communities, what is required from elected officials and councils/boards, and the pressures that are placed on public works/engineering departments, and planning staff. The following list includes an overview of NCE’s primary services and capabilities: Roadway and pavement design Pavement management program update Pavement rehabilitation and evaluation Complete streets and Americans with Disabilities Act (ADA) retrofit design Bide/pedestrian trail and path design Environmental studies for National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) compliance Utility relocation design Storm drainage design Storm water pollution prevention plans (SWPPP) Construction documents (PS&E) Safe routes to school design Storm water management Pavement research GIS and database management Regulatory compliance and permitting Sanitary sewer design Site assessment and remediation Hydrology and hydraulic analysis Water quality and erosion control design Effluent permitting and system design Botanical surveys and vegetation mapping Stakeholder and agency outreach Construction support services Subconsultants Mountain Pacific Surveys | Topographical Survey Mountain Pacific Surveys (MPS) is a trusted partner of NCE and can complete topographic surveys if necessary, on streets that may require more significant changes to road geometry, reconstruction, or changes to drainage if determined to be needed during design. Our current approach will be to continue to utilize existing County base maps to develop improvement sheets offerings savings by not requiring completion of topographic surveys. MPS has been working previously on City street rehabilitation projects providing professional survey services firm providing boundary surveying and mapping, design surveys, right-of-way engineering, construction surveys, environmental surveys, monitor surveys, and photogrammetric engineering services to the public and private sector. MPS has been involved with numerous projects for street resurfacing as our surveyor. Psomas | Subsurface Utility Detection Should there be streets that require reconstruction or improvements in potential conflict with utilities we have retained on our team Psomas, a firm with noted expertise in subsurface utility engineering and locating to complete locate utilities with non-invasive geophysical techniques such as ground penetrating radar (GPR). With 70 years of experience, Psomas is a trusted teaming partner having worked on numerous street rehabilitation and maintenance projects with NCE. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 2 Fehr & Peers | Traffic Engineering Fehr & Peers will provide traffic engineering services if required and represents another highly valued teaming partner providing these services on pavement rehabilitation and complete street projects throughout the Bay Area. Traffic engineering services might include design of more complicated bicycle and pedestrian improvements, signalization upgrades, road diets or reconfiguration of traffic lanes, and/or traffic control plans should the City decide the current approach of having the contractor develop for review by the City is not sufficient. They specialize in providing transportation planning and traffic engineering services to public and private sector clients and emphasize the development of creative, cost-effective, and results-oriented solutions to planning and design problems associated with all modes of transportation. They bring national expertise in pedestrian safety, innovative bicycle planning, transit planning, and best practices in complete streets implementation. Through our transportation planning and traffic engineering design work on state highway improvement projects, we are well-versed with Caltrans’s analysis procedures, both for project approval/environmental documents and for engineering plans, specifications, and estimates. Cal Engineering & Geology, Inc. | Geotechnical Testing Laboratory Cal Engineering & Geology, Inc. (CE&G) is a certified Local Small Business (#23143) and trusted teaming partner working on many projects with NCE with headquarters in Walnut Creek, an office in San Jose, and an office and geotechnical testing laboratory in Oakland, California. CE&G is an award-winning geotechnical and civil engineering consulting, design, and construction management firm located in the San Francisco Bay Area. CE&G's clients can expect consistent and reliable results. Their Hayward facility is home to an American Association of State Highway and Transportation Officials (AASHTO)-accredited soils and materials testing laboratory. Similar Relevant Projects NCE has had the privilege to work with many cities and counties in Northern California, including South San Francisco, on roadway projects. A sample of our relevant experience is provided within this section. These references will allow the City to verify NCE’s experience and the level of satisfaction of our clients. OBAG2 Pavement Rehabilitation Program, South San Francisco, CA Contracting Agency: City of South San Francisco Agency Project Manager: Matthew Ruble Phone: (650) 829-6671 Contract Amount: $157,200 Funding Source: OBAG 2 Date of Contract: 9/2017 Date of Completion: Fall 2020 NCE Project Manager: Ryan Shafer Contact Information: E: rshafer@ncenet.com P: (510) 333-7684 Project Objective: Pavement and civil engineering design, including Caltrans E-76 authorization for construction, utility coordination, pavement and curb/gutter condition survey, pavement deflection testing, pavement coring, pavement design recommendations, PS&Es, bidding and construction support services, and Caltrans encroachment permit OBAG2 funded program to preserve local streets and roads within the City’s priority development area Selected streets based on the City’s criteria of the construction budge limited to the grant amount, location within the City’s priority development area, and candidates for rehabilitation Project Description: The City retained NCE to provide pavement and civil engineering design, including Caltrans E-76 authorization for construction, utility coordination, pavement and curb/gutter condition survey, pavement deflection testing, pavement coring, pavement design recommendations, PS&Es, bidding and construction support services, and Caltrans encroachment permit. It is an OBAG 2 funded program to preserve local streets and roads within the City’s priority development area. Selected streets were based on the City’s criteria of the construction budget limited to the grant amount, location within the City’s priority development area, and candidates for rehabilitation. Project Outcome / Innovative or advanced techniques/cost-effective designs: On-time and on-budget City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 3 Cost-efficient pavement rehabilitation strategies with consideration of conventional and innovative paving materials (e.g., HMA and RHMA). 2017 to 2021 Street Surface Seal and Rehabilitation Projects and Multi-Year Work Plans, South San Francisco, CA Contracting Agency: City of South San Francisco Agency Project Manager: Matthew Ruble/Angel Torres Phone: (650) 829-6671 Contract Amount: ~$1.2 million Funding Source: Capital Improvement Program/ Road Maintenance and Rehabilitation Account/ City Annual Resurfacing Program Date of Contract: 9/2017 Date of Completion: Ongoing NCE Project Manager: Mei- Hui Lee Contact Information: E: mlee@ncenet.com P: (510) 215-3620 Project Objective: Pavement and civil design services of annual surface seal and rehabilitation programs with scrub, slurry, cape seals and mill and overlay, including pavement and curb/gutter condition survey, utility coordination, curb ramps, base repairs, drainage, curb/gutter replacement, pavement design recommendations, PS&Es, and bidding and construction support services Bicycle and pedestrian improvements including bike lanes, shared boulevards, high- visibility crosswalks, ADA curb ramps, and no parking red curbs Traffic engineering improvements in Paradise Valley Neighborhood and drainage improvements on 4th Lane between Spruce avenue and East End Project Description: NCE has successfully completed pavement resurfacing, rehabilitation, and reconstruction projects for the City since 2017, that comprised of 47.7 centerline miles of streets for resurfacing and 8.0 centerline miles of streets for rehabilitation. Every two years, the City surveys the streets and enters the data into the StreetSaver® database. This database assists staff in determining the pavement condition index (PCI) for each street segment and the street network overall. NCE assists City to update historical maintenance and rehabilitation records and conduct field review to identify candidate streets for City’s annual surface seal and rehabilitation programs. Based on City’s paving budgets and maintenance strategy, NCE has also utilized StreetSaver® database and field reviews to develop multi-year work plan for the City in 2018 and 2020. Project Outcome / Innovative or advanced techniques/cost-effective designs: On-time and on-budget 5-year work plan in 2018, updated 6-year work plan in 2020, development of preliminary street work plan for the subject 2022 West of 101 Pavement Rehabilitation Project Cost-effective base repair program calibrated with City expectations Use of slurry, rubberized cape seals, scrub seals to stretch paving funds and avoid more costly overlays; for the 2021 Street Rehabilitation Project NCE was able to utilize Rubberized Cape Seals on 1st, 2nd , 3rd , and 4th lanes in lieu of overlays saving the City over $700,000 construction costs and allowing the City to access CalReycle Rubberized Pavement Grant Programs. Recommendation of longer performing pavement materials including Rubberized Hot Mix Asphalt (RHMA) on street to help address reflective cracking from underlying concrete and offering up green recycling benefits by diverting tires away from landfills Drainage analysis on Hazelwood Dr and Maywood Way City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 4 FY 2020-2021 and 2021-2022 Pavement Resurfacing and 5-Year Work Plan Project, Pacifica, CA Contracting Agency: City of Pacifica Agency Project Manager: Lisa Petersen Phone: (650) 730-4948 Contract Amount: $156,800 Funding Source: Road Maintenance and Rehabilitation Account Date of Contract: 11/2020 Date of Completion: Ongoing NCE Project Manager: Mei- Hui Lee Contact Information: E: mlee@ncenet.com P: (510) 215-3620 Project Objective: Develop a cost saving 5-year work plan utilizing cape seals with base repairs in lieu of more costly overlays Pavement investigation and design and preparation of civil design plans, specifications, and engineer’s estimate for construction Design of ADA ramps, curb & gutter repairs, striping and pavement markings, and base repairs/leveling courses Apply more cost-effective multi-layer slurry seals and cape seals with base repairs to help mitigate reflective cracking, avoid more costly treatments, and reduce costs for City’s concrete repair package Project Description: As part of its 5-year work plan developed by NCE, the City allowed for pavement rehabilitation and resurfacing to be designed in advance of construction and allow for earlier bidding to obtain competitive bids. It is the City’s desire to have resurfacing projects for each year, grouping and aggregating by neighborhoods for efficiency of design, construction (less mobilization), future maintenance, and to be able to resurface more streets with a limited pavement resurfacing annual budget. More cost- effective cape seal or multi-layer slurry seal with base repair and leveling course is applied on residential streets under poor to failed pavement condition to help City treats more streets within limited budgets. Project Outcome / Innovative or advanced techniques/cost-effective designs: On-time and on-budget Pavement design solutions include a combination of pavement rehabilitation, surface reconstruction of the asphalt surface, cape seal, slurry seal, base repairs and leveling courses. By utilizing conventional cape seals instead of overlays over 12 centerline miles of additional streets were able to be treated. Annual Overlay/Rehabilitation 2017-2021 Pavement Design and PS&E, San Leandro, CA Contracting Agency: City of San Leandro Agency Project Manager: Austine Osakwe Phone: (510) 577-3486 Contract Amount: $1.5 million Funding Source: Measure B and Measure BB and Local Funding Date of Contract: 10/2017 Project Objective: Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 100 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addition of class II and class IV bike lanes Design of traffic calming bulbouts for two streets where NCE analyzed vehicle turning capabilities and impacts to surface drainage Submitted and managed three encroachment permit applications with Caltrans Engineer’s estimate matched that of the winning contractor bid Project Description: NCE prepared construction documents and pavement rehabilitation and reconstruction design for 47 arterial, collector, and residential streets (8.1 miles) totaling about $17 million in construction. NCE’s scope of work included pavement investigation and design and preparation of civil design PS&Es for construction. Project Outcome / Innovative or advanced techniques/cost-effective designs: On-time and on-budget Design solutions included conventional and RHMA overlays, full-depth asphalt reconstruction, FDR in lieu of more expensive conventional reconstruction, and a pilot project for CCPR on an arterial street Inclusion of complete street elements for bicycle and pedestrian improvements throughout the project City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 5 Date of Completion: Ongoing NCE Project Manager: Ryan Shafer and Jenny Van Dyke Contact Information: E: rshafer@ncenet.com P: (510) 333-7684 Pavement Rehabilitation / Maintenance and Bikeway Improvements, San Francisco, CA Contracting Agency: Presidio Trust of San Francisco Agency Project Manager: Amy Marshall Phone: (415) 317-8459 Contract Amount: $784,100 Funding Source: Presidio Trust Operating Funds Date of Contract: 5/2019 Date of Completion: Ongoing (In Construction) NCE Project Manager: Ryan Shafer Contact Information: E: rshafer@ncenet.com P: (510) 333-7684 Project Objective: Preparation of plans, specifications, and cost estimates for bidding purposes Develop sustainable and cost-effective pavement treatments utilizing recycle in- place technologies (e.g. Cold In-place Recycling) to stay withing the Presidio Trusts budget Traffic lane modification and lane widening design to include and plan for extensive new bicycle lane facilities Improve pedestrian crossings to the extent feasible within the context of pavement maintenance and rehabilitation Project Description: NCE is designed the Presidio Trust’s pavement rehabilitation and maintenance project with redesign of the bicycle lane network. Design elements included pavement design, a roundabout, extensive modification to existing striping and markings to introduce class II and III bikeways and an advisory bike lane, roadway grading, drainage solutions and design, and bus platforms. Project Outcome / Innovative or advanced techniques/cost-effective designs: On-time and on-budget Introduced cost-effective and sustainable pavement treatment alternatives, such as cold in-place recycling (CIR) that allows the asphalt concrete to be recycled in-place offering up a green technology that recycles existing onsite materials, reduces costly truck trips for import of asphalt paving materials, and reduces greenhouse gases and energy usage. The pavement design considered a number of different factors, including medians, curb reveal, depth to underlying concrete, previous overlays and fabric materials, AB thickness, and other buried obstructions, such as rail lines and recommended an appropriate pavement treatment. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 6 3. Organization and Approach Project Team NCE brings a diverse and talented group of design professionals that have proven experience and delivery, strong working relationships with City staff, and knowledge of City preferences and design standards in delivering these projects for the City since 2017. Mei-Hui Lee, PE will continue to be the Project Manager and will communicate regularly with the City on project purpose, plans, and progress. Mei-Hui Lee is ready and willing to assist the City wherever she can whether it be offering technical advice and solutions, further modifying and analyzing the pavement management program in StreetSaver® to offer greater efficiencies and cost savings, delivering successful projects on schedule, helping protect valuable City funds with innovative engineering solutions (often which involve minimizing costly removal and disposal and promote recycling and green infrastructure), or how an infrastructure project can improve the community and their daily lives. Mei-Hui has worked for the City of South San Francisco since 2017, including this 2022 preliminary project, providing her expertise with StreetSaver® to help the City select street candidates, develop multi-year work plans (Figure 1), recommend cost-effective pavement treatments, and has delivered numerous resurfacing and rehabilitation construction documents to the City. Mei-Hui has an intimate knowledge of the City’s pavement network and database as she worked with City to develop multi-year work plans and select preliminary candidate streets in West of 101 Pavement Rehabilitation Project within City’s paving funding and rehabilitation strategy. This included modifying pavement strategies and unit costs, updating historical maintenance and rehabilitation records, performing funding analyses, conducting field review to verify treatments, and preparing comprehensive reports and work plans for policy makers and the public. Mei-Hui has extensive civil and pavement design and project management experience, including engineering projects related to complete streets, street maintenance and rehabilitation, infrastructure asset management, bike and pedestrian facilities, trails, parking areas, ADA compliance, drainage, and utilities. As a technical lead, Victor Lemus, PE, will also be a primary point of contact with the City Engineer to coordinate on technical items. Victor has helped the City develop numerous construction documents that have been successfully constructed underbudget and on-time since 2017, including City’s annual surface seal and rehabilitation projects, and OBAG2 project. Victor’s commitment to delivering high quality documents and responsiveness to City’s comments on previous projects have built a great consultant-client relationship. Like Mei-Hui, Victor’s involvement with various City’s projects have given him great insight to City’s expectations regarding pavement and civil design, ADA compliance, re-striping standards, and implementation of the Bike and Pedestrian Master Plan. Victor has also helped with estimating the cost of construction for the various projects NCE has done for the City and neighborhood agencies. Keeping up with current unit prices throughout the bay area and California we have been able to estimate the cost of these projects withing a margin of error of +/- 5%. Mei-Hui and Victor with NCE staff have successfully delivered $14 million value construction projects for the City on-time and on-budget over the past five years. In City’s 2021 surface seal and rehabilitation projects, NCE developed cost-effective pavement design plans allowing for treatment of nearly 90 percent of City’s downtown, almost double the original work plan selected from StreetSaver®. We have carefully assembled a team of professionals to support Mei-Hui and Victor and with demonstrated experience providing the services for similar and relevant types of projects including civil design, pavement asset management, pavement testing and design, landscape architecture, hydrology and hydraulics for stormwater assessment and design. The experienced team members assembled below with if necessary additional bench depth from over 100 NCE employees will successfully deliver this larger project for winter bidding (November 2021) to secure more competitive Figure 1 – Multi-Year Work Plan Figure 2 – Completed project in South San Francisco City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 7 and lower bidding prices. NCE is committed to providing the staff presented within this section and does not make substitutions of key staff and in fact if anything is prepared to commit any additional resources as needed. Figure 3, below, is our organization chart. Brief qualification summaries for each key personnel follow and their resumes are provided in Appendix A. Organization Chart J. Ryan Shafer, PE, GE – Principal-in-Charge Years of experience: 22 Qualifications: Adds value by helping clients manage and maintain their streets/roads Experience managing a range of public and private projects, including vertical development; understands working with diverse project types His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehab Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal and Rehabilitation Projects, City of South San Francisco, CA Pavement / Civil Design Services, City of Sunnyvale, CA Measure M Street Rehab Program, City of Berkeley, CA Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Education: MS, Geotechnical Eng., UC Berkeley, 1998 BS, Geological Eng., Colorado School of Mines, 1996 Licenses: Professional Engineer – Civil, CA #62349 Professional Engineer – Geotechnical, CA #2713 References Various Richmond Projects | City of Richmond Yader Bermudez, Project Manager 510-774-6300 | yader_bermudez@ ci.richmond.ca.us Various Projects for Town of Moraga, City of Richmond Alameda County (formerly Town of Moraga and City of Richmond) Edric Kwan Figure 3 – Project Team Organizational Structure City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 8 (510) 670-5723 edrick@acpwa.org Mei-Hui Lee, PhD, PE– Project Manager Years of experience: 12 Qualifications: Brings a depth of expertise to NCE’s civil and pavement design, evaluation, and maintenance projects Experience includes working with cities and counties for pavement management program (PMP) update, pavement design, pavement structure evaluation, and field surveys Develops cost-effective maintenance strategies and prepares multi-year street maintenance plans and budget option reports Combine pavement management and design experience to provide cost-effective work plans to clients Relevant projects (see subsection Similar Experience for descriptions): 5-Yr Pavement Program (Work Plan), City of South San Francisco, CA OBAG2 Street Rehab Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Pavement Rehab, City of Sunnyvale Education: PhD, Civil Engineering, National Taiwan Univ, Taiwan, 2009 MS, Civil Engineering, Columbia Univ, New York, 2012 BS, Civil Engineering, National Taiwan Univ, Taiwan, 2002 Licenses: Professional Engineer – Civil, CA #87635 References 2018-2020, 2021 Surface Seal and Rehab | City of South San Francisco Angel Torres, Senior Engineer 650-515-8286 Angel.torres@ssf.net FY 20/21 and FY 21/22 Resurfacing Program | City of Pacifica Lisa Petersen, Public Works Director 650-738-3770 petersenl@ci.pacifica.ca.us Franz Haidinger, PE – QA/QC Years of experience: 22 Qualifications: Oversees, manages, and develops designs and PS&Es for roadway improvement projects and implements sustainable technologies Improves and protects the built environment Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehab Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA 2018 Street Rehab, City of South San Francisco, CA Pavement and Civil Design Services, City of Sunnyvale Measure M Street Rehab Program, City of Berkeley, CA Education: DI (MS), Civil Engineering., Univ of Natural Resources and Life Sciences, Vienna, 1997 Licenses/Certifications: Professional Engineer – Civil, CA #64725 Professional Engineer – Civil, NV #19430 Troxler Nuclear Testing Equip. Cert., #079039 References Via Verdi Slide Repair | City of Richmond Tawfic Halaby, PE, Senior Civil Engineer 510-621-1612 Tawfic_halaby@ci. richmond.ca.us City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 9 Parkside and Broadway Pavement Rehab | City of Walnut Creek Alex Wong, PE, Senior Civil Engineer 925-943-5899 wong@walnut-creek.org Victor Lemus, PE – Lead Civil Engineer Years of experience: 6 Qualifications: Strives to deliver construction documents with client’s needs in mind while following City, County, and other relevant design standards Treat every project his own and is respectful of City’s deadlines and project budget. Assists with curb ramp design, street layout plan and profile design, striping plans and improvements, and civil design details for street improvement projects Collects and reviews field data, digouts, and concrete repairs Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehab Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Pavement and Civil Design Services, City of Sunnyvale Education: BS, Civil and Environmental Engineering, UC Davis, 2014 Licenses: Professional Engineer – Civil, CA #89769 References OBAG 2 Street Rehab | City of South San Francisco Angel Torres, Senior Engineer 650-515-8286 Angel.torres@ssf.net 2020 Pavement Overlay | Town of Moraga Sharon Chan, Assistant Engineer 925-260-2136 schan@moraga.ca.us James Signore, PhD, PE – Pavement Design (AC) Years of experience: 25 Qualifications: Manages projects, data analysis, and technical report review for pavement engineering projects Specializes in pavement design and evaluation, materials assessment, rehabilitation, maintenance, and training Taught National Highway Institute’s and American Society of Civil Engineer’s “Techniques for Pavement Rehabilitation” seminars to practicing engineers for 17 years Taught graduate courses in pavement engineering at California State University at San Jose and many of his former students are civil engineers at Bay Area local agencies Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehab Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Pavement / Civil Design Services, City of Sunnyvale, CA Annual Overlay/Rehab 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: PhD, Civil Engineering, Univ of IL, Urbana-Champaign, 1998 MS, Civil Engineering, Univ of IL, Urbana-Champaign, 1994 BS, Electrical Engineering, Clarkson Univ, 1985 Licenses: Professional Engineer – Civil, CA #62647 References Transportation Infrastructure Rehab Projects | City of Davis Michael Mitchell, PE, Principle Civil Engineer 530-747-5846 mmitchell@cityofdavis.org 2020 Rehab Project | Presidio Trust Matt Starkey, PE, Transportation Engineer 628-256-5497 mstarkey@ City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 10 presidiotrust.org Tom Van Dam, PhD, PE, FACI, LEED AP – Pavement Design (PCC) Years of experience: 29 Qualifications: Works with clients and the public and can effectively communicate the importance and applicability of highly technical information. Authored more than 75 publications and has given more than 100 presentations on pavements, concrete materials and sustainability. Led projects for agencies, foundations, departments of transportations and private entities. Has been a professor, Director of the USDOT-funded University Transportation Center for Materials in Sustainable Transportation Infrastructure and Director of the Michigan DOT Transportation Materials Research Center. Relevant projects (see subsection Similar Experience for descriptions): Almond Grove District Street Reconstruction, Town of Los Gatos, CA 2015 Street Rehab, City of Berkeley, CA Measure M Street Rehab Program, City of Berkeley, CA On-Call Pavement Engineering Services, San Francisco International Airport, City / County of San Francisco, CA Education: PhD, Civil Engineering, Univ of IL, Urbana, 1995 MS, Civil Engineering, Univ of IL, Urbana, 1986 BS, Civil Engineering, Univ of IL, Urbana, 1984 Licenses: Professional Engineer – Civil, NV #23424 LEED Accredited Professional References On-Call Pavement Support | Caltrans David Lim, PhD, PE, Senior Pavement Engineer 916-274-0658 s.david.lim@dot.ca.gov Aquatic Center Concrete Technical Assistance | City of Elk Grove Jeff Werner, PE, Engineering Service Manager 916-478-3602 jwerner@elkgrovecity.org Debaroti Ghosh, PhD – Pavement Design Years of experience: 5 Qualifications: Highly skilled in asphalt material characterization, material rheology assessment, pavement management system, construction material lab testing, non- destructive and accelerated pavement testing Proficient in pavement design, soil-mechanics, pavement preservation, concrete pavement evaluation, earthquake engineering and pavement distress identifications Experience in rigorous data analysis and structural analysis (empirical and mechanistic-empirical) Relevant projects (see subsection Similar Experience for descriptions): 2018-2020 Street Rehab, City of South San Francisco, CA 2021 Street Rehab, City of South San Francisco, CA Pavement and Civil Design Services, City of Sunnyvale 2020 Street Reconstruction, City of Belmont, CA Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: PhD, Civil Engineering, Univ of MN, Twin Cities, 2018 MS, Civil Engineering, Univ of OK, 2014 BS, Civil Engineering, Bangladesh Univ of Engineering and Technology, 2010 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 11 Sharlan Montgomery Dunn, PhD, EIT – Pavement Design Years of experience: 6 Qualifications: Extensive research and design experience in pavement design, management, and materials Project engineer for pavement management, maintenance, rehabilitation, design, and planning projects Relevant projects (see subsection Similar Experience for descriptions): 2018-2020 Street Rehabilitation Project, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Presidio Trust Pavement Rehab / Maintenance Design Project, City of San Francisco, CA Education: PhD, Civil Engineering, Purdue Univ, 2018 MS, Civil Engineering, Brigham Young Univ, 2014 BS, Civil Engineering, Brigham Young Univ, 2011 Licenses / Registrations: Engineer in Training, #166471 MTC StreetSaver® Rater Certification Alex Paez – CADD Designer Years of experience: 19 Qualifications: CAD design for pavement rehabilitation and reconstruction projects for local cities throughout the Bay Area. Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehabilitation Program, City of South San Francisco, CA Pavement and Civil Design Services, City of Sunnyvale Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Education: AAS, ITT Technical Institute, Rancho Cordova, CA, 1991 Andrea Valentine – CADD Technician Years of experience: 3 Qualifications: CADD drafter with nearly 40 years of experience providing layout and drawing of civil and structural plans, control lines, profiles, sections, and details based on engineers’ sketches and markups. Relevant projects (see subsection Similar Experience for descriptions): 2018-2020 Street Rehabilitation Project, City of South San Francisco, CA Pavement and Civil Design Services, City of Sunnyvale Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: BA, Theory and Practice of Art, Northwestern Univ, 1974 Paola Murillo – Staff Engineer Years of experience: 2 Qualifications: Involved in street infrastructure and roadway design projects that include field data collection, base repairs, grading and layout, roadway striping design, new curb ramps, drainage, curb and gutter repairs Project manager for the Construction Engineering and Management Team at UC Davis, where she led to completion the design and construction of a brick and mortar slab for weather station Education: BS, Civil Engineering with a minor in Construction Engineering and Management, UC Davis, 2018 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 12 Relevant projects (see subsection Similar Experience for descriptions): 2018-2021 Street Surface Seal and Rehabilitation Projects, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Zeke Humphrey – Staff Engineer Years of experience: 2 Qualifications: Involved in street infrastructure and roadway design projects that include field data collection, base repairs, grading and layout, roadway striping design, new curb ramps, drainage, curb and gutter repairs Experience in hydraulic modeling, hydraulic flow modeling, present flood routing analysis, and analyzing and modeling waste diversion data. Relevant projects (see subsection Similar Experience for descriptions): 2018-2021 Street Surface Seal and Rehabilitation Projects, City of South San Francisco, CA FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: BS, Civil and Environmental Engineering, UC Davis, 2018 Katelyn Williams, EIT – Staff Engineer Years of experience: 3 Qualifications: Experience in pavement rehabilitation projects and preparation of design drawings for pavement and roadway design, culverts, roadway shoring, and complete street projects Experience with field data collection for base repair marking, curb and gutter surveys, and curb ramp survey and design Relevant projects (see subsection Similar Experience for descriptions): Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Castro Ranch Road Rehabilitation Project, City of Richmond, CA Measure M Street Rehabilitation Program, City of Berkeley, CA Education: BSE, Civil & Environmental Engineering, Princeton Univ, 2015 Licenses: Engineer-in-Training, CA #159521 Katrina Cai, EIT – Staff Engineer Years of experience: 3 Qualifications: Experience in pavement rehabilitation projects and preparation of design drawings for pavement and roadway design projects Performed pavement condition inspections throughout California, as well as sidewalk and curb ramp assessments, pavement management budget analyses using both PAVER and StreetSaver® software Relevant projects (see subsection Similar Experience for descriptions): Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: BS, Civil Engineering, UC Davis, 2014 Licenses/Certifications: Engineer-in-Training – Civil, CA #161501 MTC StreetSaver® Rater Certification Program City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 13 FY20/21 and FY 21/22 Pavement Resurfacing Program, City Pacifica, CA Mike Esposito – Pavement Deflection Testing and Coring Technician Years of experience: 20 Qualifications: Supervises and conducts transportation asset management on numerous projects throughout Northern Nevada and California. Collects field data, completes pavement deflection testing and coring, and marks base repairs and concrete repairs/ Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehabilitation Program, City of South San Francisco, CA 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA 2018 Street Rehabilitation Project, City of South San Francisco, CA Pavement and Civil Design Services, City of Sunnyvale, CA Annual Overlay/Rehabilitation 2017 to 2021 Pavement Design and PS&E, City of San Leandro, CA Education: Truckee Meadows Community College Fayetteville Technical Community College General Construction Equipment School Rich LaValley – Pavement Deflection Testing and Coring Technician Years of experience: 16 Qualifications: Performs FWD operations in all the Western States, and capable of verifying and analyzing FWD and Deflection data Accredited by the FHWA as a Distress Rater for 12 years and as a Seasonal Monitoring Technician for five years Experienced with care and maintenance of FWD equipment and responsible for the vehicle and all testing equipment in the field Performs pavement materials sampling (i.e., coring) at locations across the Western U.S. Relevant projects (see subsection Similar Experience for descriptions): OBAG2 Street Rehabilitation, City of South San Francisco 2017, 2018, 2020, and 2021 Street Surface Seal Projects, City of South San Francisco, CA 2018 Street Rehabilitation Project, City of South San Francisco, CA Education: Univ of Nevada, Reno, 1984- 1988 Key Staff Resumes Focused resumes highlighting education, training, experience, and applicable registrations/credentials, for each NCE key staff member and subconsultants are included in the Appendix section. Expertise Application to Project Civil and Pavement Design– NCE’s civil and pavement design engineers, and technicians are experienced in developing pavement management programs and then translating the pavement condition data and analysis into buildable plans, specifications, and engineer’s cost estimates (PS&E) for many city, county, and state roadway projects. The benefit of this experience to the City is that we thoroughly understand the cost and community impacts of street selection methods and approaches, as well as the pavement designs, when the projects are constructed. NCE staff pride themselves in thinking about how construction will impact a neighborhood, a busy arterial, or pedestrian bicycle traffic and access. NCE has developed outstanding working relationships with the City, implementing street surface seal and rehabilitation projects since 2017. NCE has experience designing thousands of streets throughout the Bay Area. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 14 Street rehabilitation also extends well beyond the pavement and often requires important considerations, such as curb and gutter repairs, pedestrian and bicycle improvements and paths, drainage improvements, stormwater run-off reduction, parking lots, trash capture, landscape and planter improvements, traffic striping and signs, creek restoration, utility relocation, and ADA compliant curb ramps and access. We recently completed street improvements including a quick-build design of new bicycle and pedestrian facilities for the City of Richmond to connect the planned bike and pedestrian pathway across the Richmond-San Rafael Bridge with key transit centers, including the Richmond BART Station and Richmond Ferry Terminal (Figure 4). Pavement Management – NCE has extensive experience evaluating and implementing pavement management systems for numerous public agencies throughout California and the west coast. We are a nationally recognized pavement specialty firm, with broad capabilities and expertise in the areas of pavement management, evaluation and analysis. We are active in the pavement and asset management committees at the Transportation Research Board, a national research organization. With NCE’s prior experience with hundreds of other cities on pavement management systems, as well as pavement designs, NCE has delivered accurate, reliable, consistent pavement data which may then be used by agencies to develop the pavement management strategies and make future funding decisions. NCE has been assisting the City with developing multi-year work plans since 2018 (including this 2022 preliminary project) grouping streets together geographically by zones for more efficiently complete maintenance projects with less cost and impact to the community. The recent work plan was updated in 2020 and grouped candidate streets by the City’s maintenance zones. Complete Streets – We understand the importance of incorporating and designing complete streets elements, such as bulbouts, landscaping, green infrastructure (e.g. bioretention), bus transit improvements, lighting, restriping, road diet, buffered and separated bike lanes, and dedicated bike lanes, into street improvement projects – making them safe for multi-modal users, including transit riders, motorists, bicyclists, and pedestrians. NCE is the prime design consultant on the $15 million Rumrill Blvd complete street multi-modal corridor project for the City of San Pablo shown in the rendering above (Figure 5). ADA Compliance – NCE has a depth of experience in standards for accessible design, including design of over several thousand curb ramps, sidewalks, and accessible paths of travel, maximum running slope for crosswalks, and traffic striping and signage. We understand the criteria the City follows regarding bi- directional curb ramps to provide easy access to City’s sidewalks and public paths. NCE has worked with the City on hundreds of curb ramp design from standard Caltrans ramps to more complex custom designs (Figure 6). Paths of travel have ADA consideration as well and NCE understands the running slopes within crosswalks and implied pedestrian paths need to satisfy ADA compliance. Pavement striping and markings should also comply with ADA regulations. NCE has vast experience restriping high visibility crosswalks to City’s Standards (ladder crosswalk) and limit lines to allow for safe pedestrian crossing across roadways. Green Infrastructure – Our engineers and landscape architects incorporate green infrastructure elements in our designs to offer communities improvements to aesthetics and user experience, storm water quality and incorporate recycling technologies to reduce air emissions and carbon footprints. NCE can provide pavement technologies that offer more green approaches to paving, such as diverting thousands of tires away from landfills through their reuse as a component Figure 5 – City of San Pablo Rumrill Blvd Complete Streets Figure 6 – City of South San Francisco OBAG 2 Street Rehabilitation Figure 4 – Class IV Projected Bike Lanes Near Richmond-San Rafael Bridge City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 15 of rubberized cape seals and rubberized hot mix asphalt. NCE identifies opportunities to reduce heat island impacts with the use of light aggregate in asphalts and portland cement concrete and incorporate green infrastructure and storm water reduction, including permeable pavers to curb cuts with rain gardens and bioretention along sidewalk planter. NCE’s landscape architects worked with South San Francisco on its 2021 Green Infrastructure Program (Figure 7) which studied opportunities to integrate a range of green infrastructure elements such as stormwater planters, permeable paving and street trees into City’s streetscape in coordination with proposed pavement rehabilitation. New Technologies and Innovations – Our nationally recognized experts in rigid and flexible pavements stay in touch with, and are actively participating in, development of new material specifications, design processes, and considering sustainability in pavements. NCE evaluates and recommends the most cost-efficient alternatives for agencies, such as cold-in-place recycling, full-depth reclamation, warm mix asphalt, rubberized hot-mix asphalt, and terminal blend asphalt rubber binders. NCE has also collaborated with the City for value engineering the pavement recommendations throughout the City. We perform field review of the recommendations provided by StreetSaver® to verify the proposed treatments are appropriate and cost-efficient. This approach has allowed the City to pave more centerline miles than estimated with the StreetSaver® tool. Many of the technologies NCE can implement will meet the goals of most sustainability plans. As a firm that specializes in pavement design, NCE is involved with projects at both the national and local levels related to pavement technology and sustainability that include: Principal investigator for the Federal Highway Administration (FHWA) on sustainable pavement systems in which we developed technical guidelines and prepared a webinar series Implemented rubberized hot-mix asphalt as part of the OBAG 2 project in South San Francisco to mitigate reflective block cracking on Camaritas Ave Lawrence Berkeley National Laboratory panel sponsored by the California Air Resource Board to evaluate pavement reflectivity to develop statewide climate models Caltrans on-call, NCE provides technical solutions and assists with implementing new strategies and polices to improve the state’s highway network Specialty Equipment – NCE has unique capabilities which can provide the City with expertise in Falling Weight Deflectometer (FWD) testing (Figure 8), coring and GIS data collection: NCE can evaluate pavement structural conditions with non-destructive testing using NCE’s Dynatest Model 8000 FWD. The FWD is a specialized tool that provides a cost-effective design for the City. The in-situ conditions can be quickly evaluated to determine issues such as the extent of subgrade problems or the presence of voids/unstable soils. Pavement designs for phased or staged constructions are possible, as well as the ability to model and use new materials and technologies. NCE can evaluate the existing asphalt, base materials, and subgrade materials using NCE’s core rig, built to our specifications. NCE owns three “Bluebird Pidion BIP-6000” handheld computers with integrated GPS and digital camera. NCE routinely utilizes these devices to provide an efficient way to collect spatial and attribute data for a variety of public infrastructure assets. Deploying Pavement Technologies – Simply offering innovative pavement technologies does not always solve the problem; rather, ensuring that they Figure 8 – Falling Weight Deflectometer Testing Figure 7 – South San Francisco Green Infrastructure Study Figure 9 – Pavement Preservation Techniques City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 16 are appropriate is what makes the difference in the success of a project. There are many factors to consider, including cost, performance, future maintenance, traffic, access, pavement section properties, geometric constraints, and climate, including shaded areas and drip lines. The streets within the City’s network have a wide variety of pavement conditions and user needs that we will consider. There are numerous pavement rehabilitation techniques available today with new binders, new additives and polymers all of which may be applied in various layers to preserve pavement life. Figure 9 shows a range of seals and treatments that have worked successfully for NCE’s Bay Area clients. Familiarity with Public Works Projects – NCE’s engineering services emphasize realistic economic solutions to our client’s needs. Table 1 demonstrates a selection of our extensive experience within the Bay Area. Table 1. A Sampling of NCE’s Long-Term Design Clients Client Service Number of Streets Construction Dollars Client Since City of South San Francisco • Pavement and civil design services >200 $14 million 2017 City of San Leandro • Pavement and civil design services >30 $17 million 2017 City of Pittsburg • Pavement, civil design, and environmental/ hazardous materials 2 $1 – $1.5 million 2015 Caltrans – Statewide • Pavement engineering and pavement materials testing 23 highways > $50 million 1998 City of Berkeley • Pavement and civil design services > 200 > $30 million 2005 City of Concord • Pavement, civil design, and environmental services 2 $3 million 2016 City of Daly City • Pavement and civil design services 4 $1.4 million 2016 City of Davis • Pavement and civil design services > 200 > $20 million 1997 City of Fremont • Pavement and civil design services > 200 > $30 million 1995 City of Mountain View • Pavement and civil design services > 5 > $4 million 2010 City of Orinda • Pavement, civil design, and environmental engineering services > 20 > $8 million 2006 City of Oakland • Pavement testing and design > 30 > $35 million 2000 City of Richmond • Pavement, civil design, and environmental services > 200 $20 million 2005 City of Sacramento • Pavement and civil design services > 5 > $10 million 2014 City of San Ramon • Pavement and civil design services > 50 > $10 million 2007 City of Sunnyvale • Pavement and civil design services > 50 > $10 million 2003 City of Walnut Creek • Pavement, civil, and geotechnical design services > 20 > $1 million 2005 Town of Los Gatos • Pavement and civil design services > 10 > $10 million 1997 Town of Moraga • Pavement, civil design, geotechnical, and CEQA/NEPA > 160 > $8 million 2008 Hydrologic and Hydraulic Analysis – NCE has a depth of knowledge in performing hydrologic, hydraulic, analyses and modeling for the design and maintenance of storm drain that may require repair or improvement along with street rehabilitation. Recently NCE performed a hydrology and hydraulic analysis in the vicinity of Hazelwood Dr and Maywood Way (Figure 10) for the City. Recent storms were observed to stress the storm drain system where the water was bypassing the curb inlets and flooding the roadway. A study was done to calculate the flows at various year events to upgrade the curb inlets and storm drainpipe diameters. A hydraulic model of the proposed system was done and demonstrated the upgrade would prevent overstressing the system for future storm events and the roadway would not flood. Curb ramps were also designed adjacent to the new curb inlets to provide ADA ramps across this intersection. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 17 Utility Coordination – We understand the implications of utilities to street improvement and resurfacing projects, particularly those identified for reconstruction. Utilities can result in unplanned costs, delays, and street cuts in newly resurfaced streets. NCE has communicated with utilities, such as PG&E, Comcast, AT&T, and Cal Water to ensure we understood what utility work was planned and identify potential conflicts. NCE also coordinates with utility owners throughout the project to obtain facility maps for cross-checking and to appraise them of the proposed work (maximum excavation depth) and notify them of the City’s cut moratorium. During reconstruction, utilities become even more important requiring accurate location of utility alignments to prevent damage and conflicts. NCE has used private utility locators to establish utility depths using cost saving and non-invasive techniques, such as Ground penetrating radar (GPR) in lieu of more invasive and expensive potholing. On several streets where shallow utilities exist, particularly laterals, NCE used thinner pavement sections, such as full-depth hot mix asphalt (HMA) to reduce conflicts with utilities. Project Understanding and Approach The City of South San Francisco (City) has completed significant annual surface seal and rehabilitation projects over the past 10 years including slurry seal, cape seal, mill and overlay and reconstruction of over 70 centerline miles. NCE has had the privilege of delivering pavement management programs since 2017. We recently assisted in the development the preliminary work plan on West of 101 Pavement Rehabilitation Project (as shown in Figure 11) with budgetary analyses to determine impacts on network pavement condition and further maintenance. The preliminary project was developed based City’s pavement management program StreetSaver® and City’s desire to complete all rehabilitation projects on west of Highway 101 (Zone 1 to 5) in 2022 for efficiency of design, construction (less mobilization) and future maintenance. It also provides more immediate improvement in network pavement condition index (PCI) and positive message of significant roadway improvements to the public. Pavement sections on east of Highway 101 (Zone 6) are not included in this project since different paving funding sources will be identified by the City. The preliminary work plan includes approximately 19 centerline miles streets (15% of entire network) for rehabilitation and reconstruction with approximately $25 million total project costs. Overall network PCI will improve from 75 to 87 upon completion of construction in 2022. On average approximately $2.0 million per year will be required to maintain PCI at 80s over the next 10 years within City’s annul resurface program by zones, which represents a cost savings of $4.6 million per year from what the City is currently spending to maintain the network. NCE’s goal is to partner with the City on these projects to successfully deliver design documents that balance long-term pavement performance and sustainability, cost-effective design and construction, future maintenance, and minimal traffic disruptions during construction. Part of our commitment to the City and acting as stewards over valuable pavement maintenance funds is helping control costs. NCE recognizes the trend of escalating construction costs and our goal will be to stretch the City’s funding to allow the City to stay within the total allocated budget of approximately $25 million and possibly pave additional streets with the cost savings. This will be achieved by early bidding of project for more competitive bids, separating bid packages by treatment types to eliminate mark-ups on sub-contractors, cost saving pavement treatment alternatives, and writing tightly written pay items and developing detailed design plans. NCE developed the following approach and scope based on a preliminary field review of all subject street sections noting pavement distresses, approximately percentages of base repairs, preliminary treatments, curb ramps, and other pertinent design features. The street pavements are generally in poor to very poor condition and exhibit predominantly fatigue cracking and longitudinal and transverse cracking both load and age-related distresses, and are candidates for rehabilitation/overlay and possibly isolated reconstruction where completely failed. Concrete slabs on Ridge Court, Ridgeview Court, Stonegate Drive and Tamarack Lane are in failed condition with cracking, spalling and divided slabs. Figure 11 – Preliminary 2022 projects Figure 10 – Hazelwood Dr and Maywood Wy City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 18 Base material failure or drainage issue might occur on these concrete street sections. These conditions offer the opportunity for NCE to creatively explore and recommend a variety of innovative and cost saving pavement treatment technologies. Given the size extent of this rehabilitation program with longer stretches of roadway we hope to deploy a new technology for the City that recycles pavements in-place utilizing Cold In-Place Recycling offering 20 to 30% cost savings over conventional mill and overlay treatments. The following sections represent several of the key scoping items in Section 4.0 of the RFP. Key Issue: Successful Delivery of Large Scale Paving Program This is a large-scale paving program that will bring meaningful and long-lasting improvements to the City street network and touches almost every reach of the City. The is also a high-profile project given the cost, geographic spread, and construction over an entire summer and certainly will be front and center with the community. NCE therefore has a very deliberate and planned approach to deliver this project successfully as follows: 1) NCE has assembled the same highly experienced team of pavement and civil engineers involved with the design of close to 60 centerline miles of pavement resurfacing in the City since 2017. Mei-Hui Lee and Victor Lemus with additional allocated staff and the support of our 100-person firm are prepared to deliver this project with the same enthusiasm, high level of responsiveness, and attention to the important details. 2) Keeping the public informed of limits and types of street improvements, construction methods, duration of construction including construction operating days and hours, traffic control, parking restrictions, and access will be key to this being well received project by the community. Based on our experience completing previous projects of similar size and type, we can assist the City with public information workshops to present this information and answer questions/concerns of residents and businesses. We have already developed a concept informational sample brochure (attached in Appendix C) and are prepared to develop public outreach information, presentation, graphics, maps, and schedules that can be used for public workshops, mailers, social media, and on a City project website. 3) Bid documents will need to be ready in accordance with the City schedule to ensure competitive bids early in winter when contractors are less busy and secure start of construction in April 2022 to allow for a full 5 to 6 months of construction. Given a typical burn rate of a contractor with a single construction crew of $3 million per month, this will allow for $15 to $18 million of construction to be completed and more if addition al crews are allocated. 4) NCE will minimize the construction impacts with the selection pavement technologies that can be more readily completed including overlay and base repair thicknesses requiring fewer construction lifts, avoiding reconstruction that could introduce problematic subgrade and utility conflicts, selecting recycle in-place technologies such as CIR that allows a paved surface rather than a rough milled surface with loose millings at the end of the working shift and faster paving with no off/on-haul truck traffic. Figure 12 shows a section of Main Street one of the busiest 4-lane arterial streets leading into Oakley that NCE designed with the paving mat being placed just behind the CIR recycling train. 5) Construction staging and traffic control will be discussed and detailed with the City and then written into project plans and specifications to maintain access to communities and businesses and minimize disruptions. If necessary, we have on our team Fehr & Peers that can assist the City with developing traffic control plans for important arterial streets should this be deemed necessary. 6) NCE will efficiently collect, organize, and geospatially locate significant quantity of field data using Trimble TerraFlex cloud base geospatial software that we have developed custom data collection fields and routines for common street attributes, including base repairs, curb repairs, curb ramp measurements, utility covers, etc. 7) We take a strong sense of pride and stewardship in these street programs and look for opportunistic improvements that would be appropriate to bring up to City staff for consideration including pedestrian access, bike lanes, repair of stormwater collection facilities, drainage issues. These smaller improvements are often noticed and appreciated by City residents and businesses and show attention to detail and a higher level of care. 8) Frequent budget and schedule updates will be given to the City to keep project on time and in within budget and make course corrections as the project evolves. As we have done since 2017, cost savings designs will be utilized to Figure 12 – Oakley CIR Project on Main Street City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 19 stay under budget and potentially treat more streets such as the 2021 street rehabilitation project with rubberized cape seals in lieu of more costly overlays on low volume alleyway streets 1st, 2nd, 3rd, and 4th lanes in downtown area. Key Issue: Pavement Investigation and Design Pavement design, although seemingly straightforward, can miss expectations of clients in numerous ways. For example, a poorly executed pavement design might neglect to sufficiently explore pavement treatment alternatives and material choices, not properly address construction and access impacts to residents, nor consider long-term performance and durability of materials. In addition, issues such as access of equipment on narrow or busy roads, curing time for emulsions and binders resulting in disruptions to traffic and property access, remaining roadway base after pavement section removal and grading, overhead and side clearance of paving equipment to trees, impacts to shallow utilities during construction, and compaction temperature are critical and cannot be overlooked. All of these design facets and many others must be built into the design without creating adverse impacts to the City and residents. Solution NCE has an active research division that works with Federal Highway Administration, California Department of Transportation, and universities affording us the latest knowledge in pavement treatment alternatives and materials, long-term pavement performance, sustainable pavements, constructability issues, and materials and construction defects. NCE translates our research knowledge into practice and applies it to cities and counties on their paving projects. Our civil, geotechnical, and pavement engineers not only understand the types of pavements and treatment options, also consider the significance of proper field investigations. Pavement design begins with evaluating the existing pavement structural section, structural adequacy, and subgrade conditions. Our pavement inspection expertise coupled with pavement deflection data and materials testing accurately assess the engineering properties of the existing roadway. Pavement coring investigations will be completed with NCE’s owned and operated core rig. Pertinent pavement section information will be collected including previous overlay thicknesses, weak or problematic pavement layers, depth to fabric, pavement materials such as concrete, and base material thickness at all coring locations. Because most of the subject streets contain sections of failed pavement, NCE’s field technicians will obtain bulk samples of subgrade for laboratory testing and complete dynamic cone penetrometer tests to estimate engineering properties of subgrade soil materials and potential for problematic subgrade. NCE’s geotechnical and civil engineers will include cost saving measures such as revocable bid items for removal and replacement unsuitable wet subgrade materials and use of stabilizing treatment technologies such as FDR to avoid costly change orders for this work. Pavement design will also consider streets that need to be lowered or re-profiled to correct cross-slopes or drainage resulting in removal of additional pavement section materials. Knowledge of the latest pavement technologies, experience working with the City and local conditions, and thorough field investigations allow NCE to creatively reduce treatment costs and stretch the City’s maintenance dollars. NCE has pavement experts on staff with extensive experience utilizing alternative treatment technologies to address specific challenges and reduce paving costs. For example, on Callan Blvd in Figure 14, we identified low to medium severity of block cracking and longitudinal and transverse cracking that is primarily environmental age-related distresses with smaller area of fatigue cracking without base material pumping. The 2020 surveyed PCI for this street ranges from 40 to 45. This section of pavement could be an ideal candidate for cost-effective CIR treatment that would remove and reuse existing asphalt pavement materials in an on-site process. This efficiently improves the road surface and strength while reducing construction costs, hauling traffic, and shortening construction periods. It is typically 20% to 30% less expensive than conventional mill with Hot Mix Asphalt (HMA) overlay. Figure 14 – Callan Blvd CIR Candidate Figure 13 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 20 The section on Keats Ave in the Figure 15 is in failed condition with pervasive fatigue cracking and will require at least a surface reconstruction while no base material failure or rutting observed in the field, or a shallow cost-effective FDR treatments that would pulverize the existing pavement sections and mix with cement additives to provide a stable base material upon which to place a new asphalt concrete wearing course. If it is determined that fatigue cracking is only age related and stable, another cost-effective treatment strategy would be to utilize isolation layers such as asphalt rubber chip seals (single or double) in combination with an overlay providing the existing road crown can accommodate. Pavement section on Gellert Blvd in Figure 16 is in poor to fair condition with PCI ranges from 40s to 60s that is primarily non-load related weathering and raveling with smaller area of fatigue cracking. This street is a candidate for a thin mill and overlay or the use of cost-effective sustainable pavement treatments, such as rubber cape seal with base repairs to prevent water from damaging pavement and help resisting reflective cracking. Another key decision the City of South San Francisco will need to make is on rehabilitation strategies of concrete streets (Figure 17) and slabs that are throughout the Paradise Valley neighborhood and the low traffic volume alley way streets in the downtown area. Removal and replacement of these concrete pavements is an involved endeavor not to mention costly considering removal and disposal, constructing a new pavement section, and potential for contaminated soils issues and disposal. A far more sustainable solution to eliminate off-haul and disposal of materials at a landfill would be to preserve these concrete pavements and extend the pavement life with a variety of treatment strategies based on structural analysis of the pavements and pavement design. NCE would propose to structurally evaluate concrete slabs with very cost effective and non-invasive pavement deflection testing in combination with ground penetrating radar to quickly confirm concrete thickness, integrity, and structural capacity. Treatment strategies to improve ride quality, help prevent reflective cracking from slab joints, and extend pavement life might include dowel bar retrofits for better load transfer in combination with diamond grinding, hot mix asphalt (HMA) and Rubberized Hot Mix Asphalt (RHMA) overlays, concrete overlays both bonded and unbonded solutions, and or the use of stress absorbing membrane interlayers (SAMI). Fully reconstruction as asphalt concrete with gutter is also an alternative treatment on concrete streets. Recently NCE completed rehabilitation project on 4th Lane between Spruce Ave and its eastern end with reconstructing 6-inches full depth HMA with removing existing concrete slabs. Key Issue: Detailed Plans and Specifications A challenge to resurfacing projects is that many streets are involved, which represents a significant area for design. This requires attention to details whether it be capturing street resurfacing features, such as conform and wedge grinds, storm drain inlets and utilities, striping, base repair areas, concrete work for curb and gutter, ADA curb ramps, or considering impacts to businesses, schools, or AC Transit bus routes. In addition, cities are employing and requiring a more complete streets approach to new improvements with reorientation of transportation priorities towards inclusion of pedestrians and bicyclists as well as experience and quality of life. If done incorrectly, poorly detailed plans and locations can result in numerous change orders and adjustments during construction. Figure 15 – Keats Ave Surface Reconstruct/FDR Candidate Figure 16 – Gellert Blvd Surface Seal Candidate Figure 18 – 4th Land Reconstruction Plan Figure 17 – Tamarack Lane Complete Street City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 21 Solution These types of projects require a detailed and multi-modal mindset. This requires attention to cross-slopes and running slopes for ADA considerations, consideration of drainage patterns when adding bulb-outs to shorten crosswalk distances or provide traffic calming. Inclusion of Class II through Class IV bike lanes require detailed consideration of space constraints particularly roadway widths, perceived level of comfort for bicyclists, impediments or obstructions to cyclists such as poles or drainage inlets, narrowing travel lanes, bike buffers, conflicts with parking and driveways, bus stops, aesthetics and public perception, ROW constraints, and removal of parking. Providing enough detail in bid documents for the contractor to build improvements accurately and according to the intended purpose with phasing and construction times helps to minimize disruptions to community and businesses. From start to finish of the preparation of the PS&E, NCE will detail items such as edge improvements, edge flow drainage improvements, base repairs, conforms to adjoining streets and driveways, protection of existing facilities, utility locations, ADA curb ramps, striping improvements, and details. Based on discussions with the City this might also include complete street elements such as bulb-outs, rain gardens or bioretention, bicycle and pedestrian improvements, widened sidewalk areas, to name a few. NCE will identify and evaluate constructability issues during our field review including paving methods and access of equipment, tree clearance and any necessary tree pruning/trimming given City tree ordinances, ramp improvement fit within corner locations, potential impacts to residents or businesses, utilities and detailing in specifications limitation of heavy or vibratory equipment on older shallow and potentially brittle utilities (e.g. City Sewer and/or EBMUD shallow cast iron pipes with welded joints) to name a few. During construction, the residents and businesses have to live with disturbances and NCE will develop specifications to help minimize these impacts. We develop specifications that are clear as to how traffic, noise, parking, access routes, and dust and debris need to be managed by the contractor. Specifications and plans will be clear to define schools (particularly drop-off/pick-up times), community buildings, businesses and their hours of operation and commute areas/traffic patterns, school bus routes, ADA access needs, and restrictions to construction times and days and other traffic control requirements to minimize delays and impacts. Management of phasing construction work items and project locations for such a large-scale project will also be considered in the development of the plans and specifications. The importance of time tested and continuous improvement on technical specifications is an area in which NCE excels based on our experience designing thousands of roadways throughout the Bay Area. Key Assumptions In order to deliver the most cost-effective design strategy, we have made the following key assumptions: City’s Responsibilities NCE has assumed that the City will be able to provide the following to the extent available: 1. Provide information regarding City-owned utilities (i.e., sanitary sewer and storm drain), boundary, right-of-way, and property limits, site features, and existing construction as available. 2. Provide project requirements, including design objectives, budget, constraints, and criteria. 3. Provide City Standard Provisions and Standard Design Criteria. Pavement Testing and Design 1. Pavement design will be based on Caltrans Standards with a combination of pavement deflection testing, coring, pavement condition surveys, laboratory testing of subgrade, and observed field conditions depending on rehabilitation strategy. 2. Pavement deflection testing will be completed for all arterial and collector street sections identified for rehabilitation and will also include longer residential streets with poor or failed pavement condition generally greater than 1,200 feet in length identified for rehabilitation. 3. Pavement coring will be performed with spacing criteria and bulk samples as follows: a. Pavement cores will be obtained approximately every 1,500 feet and a minimum of two cores per rehabilitation street section with additional cores taken in shoulder or parking lanes where the street is crowned. Figure 19 – Non-compliant Curb Ramps in South San Francisco City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 22 b. Bulk samples of subgrade for laboratory testing will limited as most streets are candidates for street rehabilitation. A minimum of one bulk sample will be obtained within streets that generally are in poor to failed condition with a 2020 PCI<30 and potentially a candidate for a surface reconstruct. 4. Base repairs will be measured in length and width to estimate base repair bid quantities for all street sections. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be marked by NCE with the City’s inspectors prior to construction. 5. A no-fee encroachment permit will be pulled with the City for all pavement testing if required. Topographic Surveying, Base Maps, and Right-of-Way 1. To provide a cost-effective design, NCE’s scope assumes rehabilitation plan sheets will be placed onto County aerial base maps. Rehabilitation street sections will be placed onto street layout plans showing the alignment and stationing of the roadway, striping, curb and gutter repairs, etc. Base repair and curb repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction. 2. A critical assumption is that all street rehabilitation and improvement work will be within City right-of-way, as this has impacts to the level of effort required to completion of design. 3. Design sheet information will be based on field inventories and approximate field measurements to verify items, such as utility covers, cross-slope, street widths and lengths, median locations, repair candidates for curb and gutter, and striping. 4. Again, to provide cost-effective design, our scope does not include any topographic surveys with the assumption that the project will not include significant drainage improvements, complex changes in street geometry or intersection improvements, or full pavement section reconstruction. Should we determine that aerial base maps are not sufficient and topographic information is required for developing drainage improvements and/or for more complex pavement geometries and/or streets that may need to be reconstructed, we can provide topographic survey work at an additional cost. Utility Coordination and Location 1. Assumes no significant roadway reconstruction requiring lowering or relocation of utilities. 2. NCE will prepare and distribute utility notification letters to collect facility maps and as-builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets. 3. The subject street sections are expected to be candidates for rehabilitation, utility location is currently not included in our scope of work. If significant roadway reconstruction is required, we will discuss with the City utility location options (e.g., GPR) and can provide for additional scope and fee. 4. Utility covers will be field located approximately and inventoried for the purposes of placing onto plan sheets and developing bid quantities for adjustment of utility covers and replacement of City-owned frames and covers. Traffic Striping 1. Traffic striping is assumed to match existing striping. 2. No significant traffic striping changes or design requiring traffic studies or assessment of traffic impacts is planned or included as a part of this scope. 3. Striping plans will be developed for rehabilitation street sections, striping types and quantities will be inventoried for the purposes of developing bid quantities. Traffic Control Plans 1. Traffic control plans are not included in scope of work. We have assumed as is typical to have contractor prepare traffic control plans in accordance with project technical specifications and requirements and submit to the City traffic engineering group for review. Our teaming partner can prepare traffic control plans for key arterial streets for additional scope and fee if desired by the City. Curb Ramps 1. It is assumed that all non-compliant curb ramps will be replaced or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with Caltrans standards. Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013. NCE will implement its experience from previous projects with the City regarding City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 23 their standard ramp placement and bidirectional ramp style. Further clarification on curb ramp replacement included in this scope of work is as follows: a. Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments. b. Utility relocations (e.g. utility poles, utility boxes, and drainage inlets) required to construct curb ramps are not included in this scope of work. c. All ramp construction shall be within City Right-of-Way. d. Curb ramp design for the purposes of this scope of work includes paving conforms up to 2 feet beyond gutter lip or face of curb, or 2 feet beyond back of sidewalk. e. For curb ramps within hills or steepened grades, curb ramp design shall only extend up to 15 feet in the uphill direction, beyond which is considering chasing the grade. 2. Curb ramps will be field verified to determine the appropriate standard case ramp and NCE will develop a curb ramp detail for those that will require a custom curb ramp. Curb ramp details will not be to survey accuracy and not contain elevations, and therefore some adjustments may be required during construction. Drainage 1. The project will, to the extent possible, and within the context of proposed rehabilitation and preventive maintenance, address visible drainage issues. However, it should be noted that no topographic survey data will be obtained and therefore drainage improvements will not include detailed flow line surveys. 2. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction. Curb and Gutter and Sidewalk 1. Curb and gutter sections will only be replaced to the extent that it affects pavement treatment (e.g., tree root uplift, settlement, or ponding) or to improve drainage. 2. Sidewalk replacement is not included in this scope of work but can be added if required for additional scope and fee. Encroachment Permit 1. If based on pavement rehabilitation plans, the limits of rehabilitation are found to extend into a neighboring City or County of San Mateo Right-of-Way, we will complete and obtain the required City or County encroachment permit for construction, if needed, with permitting fees paid by the City. 2. NCE will apply for no-fee City encroachment permits for all field work, including pavement coring work, if required. Bid Package 1. NCE has assumed for the purposes of developing bid packages the following: a. 2022 West of 101 Pavement Rehabilitation Project – Bid Late Winter 2021 Green Infrastructure 1. NCE will discuss with the City further if the City desires to incorporate a green infrastructure review as part of this scope of work and this can be included additionally in our scope. CEQA Documents 1. The documentation required for CEQA is assumed to be a Categorical Exemption. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 24 4. Scope of Work The purpose of our services will be to provide pavement and civil engineering design in support of the planned project by the City. To accomplish the stated purpose, we propose the following scope of services. Task 1 – Project Management and Meetings 1A) Project Kick-off Meeting / Progress Meetings NCE’s Project Manager will arrange a Kick-Off Meeting with the City to initiate work on the project. The objectives of the Kick-Off Meeting will be: Review of the Scope of Work Establish Lines of Communication Confirm Deadlines Establish Project Schedule and Milestones Define Design and Operation Criteria Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery a high-quality project within budget and on schedule. In addition to City staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as-needed, with other agencies such as PG&E, AT&T, California Water Service and Westborough Water District, South San Francisco Sewer and Stormwater, Schools, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs. NCE is very sensitive to construction costs, particularly the volatile price of materials, which have affected the scope of many similar projects. In order to keep the City aware of overall project costs, NCE will begin developing Preliminary Engineering Cost Estimates as soon as we have developed our engineering design recommendations to closely monitor any potential funding issues, which may develop. During the course of the project, NCE will be seeking to develop the most appropriate and cost-effective pavement rehabilitation alternatives to stay within the planned project budget and schedule. Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City, to maintain good communications, to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to six (6) meetings for the 2022 West of 101 Pavement Rehabilitation Project. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary. Deliverables: Kick-off/Progress Meeting Agendas and Summaries 1B) Public Outreach In addition, NCE has successfully provided clients with a variety of community outreach and stakeholder facilitation services on the organizational, programmatic, and project levels. NCE’s experience includes working with agency staff, interested stakeholders, landowners, and the general public. NCE can assist the City in educating the public whether it is assisting with developing social media content (City website, Twitter, etc.) and/or conducting town hall meetings to engage and inform the public on the conceptual design of the project as well as expected construction impacts. This will include identifying when and where construction will happen, what the community needs to plan for (“Where do I park?”), and keeping the community informed of project progress both during the design and construction phases. This will allow the community to maintain connection with the project and be well informed. Draft public outreach exhibits and information brochure handouts is provided in Appendix C. It assumes NCE will assist in the City’s efforts and attend 5 to 10 public information workshop/meetings leas by City staff regarding this project. It is assumed the City will provide venues for meetings and handle mailings and notifications to residents. Deliverables: Public Outreach Exhibits, Maps, Technical Materials, and Information Brochure Handouts City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 25 1C) Modification of Preliminary Work Plan As part of this project, NCE will review City’s StreetSaver® database, historical rehabilitation and maintenance records, current pavement strategies and PTAP-21 report to update candidate street list. NCE will define and confirm City’s available funding and project objective and criteria in the kickoff meeting. Next, we will modify the preliminary work plan based on the results of the previous discussion with the City. All pavement sections on west of Highway 101 (Zone 1 to 5) with poor or failed condition (PCI less than 50) will be added in this project. NCE then will perform field reviews to verify pavement condition and preliminary/alternative treatments on each candidate streets. Updated street list and map will be prepared and submitted for the City’s review. Streets that are included in OBAG2, 2018-2020 surface seal and rehabilitation project, 2021 surface seal and rehabilitation project or other scheduled paving projects will not be included. Upon completion of this review, NCE will incorporate all comments and changes, and submit a final street list and GIS map. Deliverables: Final Street List and Map 1D) Utility Coordination NCE will coordinate with utility agencies early in the design process to help avoid potential construction delays and unnecessary disruptions to public services. Utility coordination will be a critical item to keep utility providers informed about the project and schedule. One of the first and earliest items that NCE will complete is sending notification letters to applicable utility providers with a preliminary project schedule for street rehabilitation. This will allow for the earlier notification to allow utility providers to perform maintenance on their facilities prior to moratorium on the street paving area. NCE will also carefully document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of contacts and mailing detailed in this matrix. Follow-up calls will be made for each of the above notifications to confirm receipt. NCE will also keep the City informed of any project delays related to utilities. Deliverables: Utility notification letters and utility contact matrix. Task 2 – Pavement Design The scope of work we would perform under this task consists of the following: 2A) Pavement and Curb & Gutter Condition Survey NCE will perform a pavement condition survey of each street section based on distresses. The surveys will generally cover the travel and parking lanes. Pavement condition surveys serve the purpose of further refining the appropriate pavement rehabilitation treatments. This condition survey will generally note the presence of load related and environmental distresses, such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and depressions as they pertain to developing appropriate pavement treatments. In addition, potential base repairs will be identified in the condition survey. Our scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short-term maintenance that should be performed (i.e. pothole that should be repaired). A visual assessment of all curb and gutters will be included to identify areas where drainage or the adjacent pavement has been compromised. Our scope will limit repair recommendations to only those sections of curb and gutter that are damaged to the extent that they will affect pavement (i.e., tree root damage extending into pavement). If damaged curb and gutter areas are more extensive than anticipated, it may require additional time to complete, and we will notify the City if more time is required to complete these surveys. Prior to looking at curb and gutter, NCE will meet with the City and establish condition criteria for assessment and replacement. Based on the criteria established with the City, NCE will then determine what level of curb and gutter replacement will be pursued for design plans and documents. Figure 20 – Typical Curb and Gutter Damage City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 26 2B) Pavement Deflection Testing NCE will perform non-destructive pavement deflection testing in accordance with California Test Method (CTM) 356 to evaluate the structural capacity of the existing pavement section on rehabilitation streets in accordance with key assumptions. The FWD is a conceptually simple yet powerful device for measuring the response of pavements under simulated wheel loads and estimating their structural capacities. Pavement designs are based upon a standard truck wheel loading, which is the 18-kip equivalent single axle load (ESAL). Each dual tire is therefore 9,000 pounds that is easily simulated by the FWD, which has the capacity to simulate loadings of up to 30,000 pounds. As the load is applied to the pavement, up to seven geophones measure the pavement deflection at varying distances from the load. This scope of work includes pavement deflection testing on the street sections identified under key assumptions. All travel lanes of these street sections will be tested at intervals of typically 100 feet (or at shorter intervals to achieve a minimum of 20 deflection test points for each street) that will be staggered at approximately one-half the test interval length in adjacent lanes or the opposite lanes of traffic. Separate data files will be established for each street section and for each travel direction so that separate analyses can be performed if desired or warranted. Approximately 1,700 data points will be collected and NCE estimates that the FWD testing will take eight (8) days to complete. The final number of data points to be collected may change to accommodate final street list and field constraints. NCE will arrange for traffic control services during the deflection testing to minimize any inconvenience to traffic, parking and public access. Traffic control will conform to the latest standards contained within the Manual of Uniform Traffic Control Devices (MUTCD) Part VI and the Caltrans Traffic Manual Chapter 5 “Traffic Control for Construction and Maintenance Work Zones,” as well as any local requirements that exist. We will also obtain an encroachment permit for pavement deflection testing if required. 2C) Pavement Coring NCE will collect pavement section core samples (4” – 8” diameter cores) on all street sections at locations determined by NCE. Our current fee estimate assumes up to 128 core locations that we estimate will take 16 days to complete. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavement structural section, including the presence of any pavement reinforcing fabric. Bulk samples of subgrade will be obtained in support of potential street surface reconstruction in accordance with key assumptions. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as R- value, moisture content and Atterberg Limits (plasticity index) determinations. Our current fees assume up to 50 bulk samples will be obtained for testing. The presence of aggregate base (AB) will be noted at all core locations and the thickness will only be recorded on those locations where bulk samples are obtained. A dynamic cone penetrometer will also be advanced at critical core locations to estimate AB and subgrade layer properties. NCE will also include coring work in encroachment permits referenced under project assumptions, similar to deflection testing. Additionally, NCE will provide traffic control in accordance with the same standards discussed in pavement deflection testing. 2D) Pavement Design Recommendations Using the data obtained in Tasks 2A through 2C, NCE will perform pavement analysis and design services, and develop pavement rehabilitation and preventive maintenance recommendations for each street section. NCE will perform its analysis in accordance with the Caltrans Highway Design Manual. NCE will develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the City. NCE will develop recommendations including, but not limited to, the following: Conventional Hot Mix Asphalt (HMA) Rubberized Hot Mix Asphalt (RHMA) Warm Mix Asphalt (WMA) Alternative rehabilitation methods if feasible (in-place recycling, mill & fill treatments, etc.) Locations and treatments of failed pavement sections (base repairs) Full-width milling and wedge grinding requirements Surface seal treatments including but not limited to slurry seals, microsurfacing, and cape seals both conventional and rubberized NCE will then summarize its recommendations in a pavement design memorandum to the City that, at a minimum, will include the following: City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 27 Results of pavement condition surveys, deflection testing, coring, and laboratory testing Description of testing procedures and analysis performed for the project Recommended alternatives for rehabilitation and preventive maintenance NCE will submit two (2) copies of its draft technical memorandum to the City for initial review. Upon receipt of any comments from the City, NCE will then prepare its final technical memorandum, which will be signed and stamped by NCE’s Pavement Engineer. Two (2) copies of the final technical memorandum will then be provided to the City reflecting any comments on the draft technical memorandum. Task 2 Deliverables: Draft & final Pavement Technical Memorandums Task 3 – Plans, Specifications & Estimates The work that will be performed during developing design PS&E are outlined in the subsequent Tasks. 3A) Design Data Gathering NCE will review relevant available data and records from the City as listed in the previous section, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, the City drainage structure inventory maps, aerial photographs of the City; as- built street improvement and infrastructure plans, striping and markings, as-built plans from utility providers, including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design. It shall be noted that available record data (e.g., utilities, right-of-way) used to prepare the base map for streets undergoing rehabilitation will only be shown in their approximate location and that the depth of utilities will not be indicated. Based on our review we will identify any data gaps or missing information and provide this information to the City for review and discussion. NCE will also confirm with adjacent Cities and San Mateo County if encroachment permits are required to conduct the proposed work. NCE will discuss with the City whether rehabilitation work must occur in the right-of-way, in order to save the City the cost and fees associated with obtaining encroachment permits, if at all possible. Deliverables: As Needed Encroachment Permits, Base Maps 3B) 60% PS&E NCE will prepare the 60% PS&E for the planned street rehabilitation. The 60% plans for rehabilitation street sections will incorporate typical design elements including layout plans, pavement treatments, right-of-way parcel lines provided by City, wedge grinds, conform grind locations at intersecting side streets, typical cross sections, curb and gutter repairs, and limits of work. The plans will be prepared in AutoCAD format on 22” x 34” sheets, drawn at a scale of 1” = 20’. Rehabilitation plan sheets will include base repair schedules and will show individual base repair locations on design plans. Base repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction. Base repair and curb repairs will be marked in the field on the pavement in white paint and numbered, and verified prior to construction. Additionally, a table summarizing major work items (e.g. surface seal area, base repair area, etc.) and their estimated quantities will be developed and included on the respective plan sheets. We find that this information is particularly useful to contractors when assembling construction bids and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction. NCE understands that the City will provide the “Front End” documents and Special Provisions. The technical specifications will be prepared in MS Word format and will follow the City’s formatting conventions. The technical specifications and details will reference the City’s standard provisions and latest Caltrans Standards (including subsequent updates). NCE will, however, recommend deviating from Caltrans standards where, from our experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design. NCE recognizes the value of incorporating Caltrans Standard Specifications in projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies. NCE also believes that an efficient yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollar spent on construction. Projects designed by NCE therefore, contain technical City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 28 specifications that attempt to optimize the balance between using rigid, but time-tested, specifications and meeting local agency needs, with the ultimate goal of obtaining the very best value for its clients. The Engineer’s Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects throughout California, we are confident in our ability to estimate the construction cost of the City’s project. This initial estimate will then be updated and refined as the design effort progresses. It is assumed that the City will require a 10-day review/comment period once the 60% PS&E package is submitted. Deliverables: One reproducible copy of 60% plans, technical specifications, and engineer’s estimate 3C) 90% PS&E The 60% PS&E will be revised to incorporate comments received from the City. NCE will meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The 90% PS&E will include additional design information and details typically expected at this stage of completion. The 90% PS&E will then be packaged and submitted similar to the 60% PS&E unless directed otherwise. The technical specifications will be further refined and at this stage of the design. We will review and comment on the City’s Front End documents (bid and contract forms, General Provisions, Special Provisions, etc.), which the City will prepare and provide. The Engineer’s Cost Estimate will also be updated to reflect the revised quantities of work depicted on the plans. It is assumed that the City will require a 10-day review/comment period once the 90% PS&E package is submitted. Deliverables: One reproducible copy of 90% plans, technical specifications, and engineer’s estimate 3D) (100%) PS&E The 90% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the (100%) PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The (100%) PS&E will include all notes and details necessary for construction. One reproducible copy of the (100%) PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 10-day review/comment period once the (100%) PS&E package is submitted. Deliverables: One reproducible copy of 100% plans, technical specifications, and engineer’s estimate 3E) Final (Bid Set) PS&E The 100% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the final (Bid Set) PS&E will be prepared. Similar to 100% PS&E, NCE will provide a response to each comment that is included in a comment table provided by the City. The final (Bid Set) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (Bid Set) PS&E will then be packaged and submitted similar to the 100% PS&E unless directed otherwise. Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes. A final quantity calculation will be tabulated, and this will be entered into the final Engineer’s Cost Estimate for the project. All final documents will be reviewed, stamped and signed by NCE’s registered civil engineer, and the final PS&E will be delivered to the City in both hard copy and electronic formats. Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and engineer’s estimate. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2018 or later version, Microsoft Word, and Microsoft Excel, respectively. Task 4 – Bidding and Construction Support Services 4A) Bidding Support Services NCE will provide the City with assistance during the advertisement and bidding periods for each bid package. This will include providing assistance to the City in attending the pre-bid conference, responding to questions received about the City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 29 project design, and preparation of any addenda and/or clarifications to the PS&E that are deemed necessary. NCE can also assist the City in determining the responsiveness of bids received and with checking and tabulating bid results. Deliverables: 1) Attend pre-bid meetings 2) Prepare responses to questions received regarding project design 3) Prepare bid addenda as necessary 4) Provide assistance with bid responsiveness (as needed) 4B) Construction Support Services NCE will provide support services to the City during construction of the project for each bid package. At a minimum, these services are anticipated to include attendance at the pre-construction conference, reviewing contractor submittals and responding to contractor requests for information, field verification of localized repair (pavement digouts and curb and gutter) areas, providing recommendations for any necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, and reviewing construction for acceptance. This task does not provide any field inspection services and we understand that all construction inspection will be provided by the City. Deliverables: 1) Attend pre-Construction Conference 2) Assist with review of Contractor Submittals and RFIs as necessary 3) Provide recommendations for any necessary construction changes due to unforeseen conditions 4) Assist with review of Contract Change Orders Task 5 – Regulatory Compliance 5A) CEQA Categorical Exemption: CEQA Determination - Projects that are subject to the discretionary approval of a government agency must comply with California Environmental Quality Act (CEQA) regulations and procedures. Based on our experience fulfilling CEQA requirements for road rehabilitation similar to what is proposed in the RFP, this project will likely qualify for a Categorical Exemption as described at California Code of Regulations in Article 19, § 15301 - Existing Facilities or Article 19, § 15302 – Replacement or Reconstruction. In order to meet CEQA requirements for this project, NCE will conduct a CEQA determination and file a Notice of Exemption (NOE) with the State Clearinghouse. NCE will conduct a succinct but complete review to verify whether the project qualifies for a Categorical Exemption. NCE will then prepare an NOE for the City to review and sign. NCE will address any comments and submit a signed NOE form to the State Clearinghouse. The NOE form will be completed at the same time as the 60% design submittal. At this stage, the project is well defined and there is still ample time for the 30-day public notice period to be completed before the project goes out for bid. The City’s responsibilities related to the CEQA determination include reviewing and signing the Notice of Completion (NOC) form. Information that supports the CEQA determination will be provided to the City for their review and records, but are not required to be included in the submittal to the State Clearinghouse. If for any reason the project does not qualify for a Categorical Exemption, NCE can prepare and provide support for CEQA compliance for additional scope and fee. Deliverables: Draft and final notice of exemption form and supporting information for CEQA finding. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Schedule of Work 5. Schedule of Work NCE is committed to meet the schedule outlined in the City’s RFP and the following detailed schedule outlines our approach to this program in accordance with the following assumed bid package and general schedule: a.2022 West of 101 Pavement Rehabilitation Project – Bid Package – Bid Documents Late Winter 2021 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 30 6. Conflict of Interest Statement NCE does not have any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to NCE, any of its employees, or any other person relative to the Services to be provided pursuant to this RFP. 7. Litigation Statement NCE does not have and has not had any litigation that may affect our ability to perform services. There have been no pending litigation or judgments in the past ten years. 8. Cost Proposal / Task Hours Per the RFP, NCE’s cost proposal is being submitted in a separate sealed envelope from the proposal. It should be noted that in good faith to show our commitment to the strong working relationship with the City, we have elected to honor our 2020 rate schedule and in addition have decreased each labor category by $5.00. Task Description Project Manager Principal Engineer & QC/QA Associate Engineer Project Engineer Staff Engineer CADD Designer Technician Coring/FWD Testing Clerical Total 1. Project Management & Meetings 1A. Project Kick-off and Progress Meetings 120 40 80 40 4 284 1B.Public Outreach 80 56 80 64 40 320 1C. Modification of Preliminary Work Plan 40 4 8 24 4 80 1D. Utility Coordination 4 24 40 8 76 Sub-Totals 244 100 8 208 144 0 56 760 2. Pavement Rehabilitation Design 2A. Pavement and C&G Condition Survey 8 24 80 112 2B. Pavement Deflection Testing 2 4 4 80 2 92 2C. Pavement Coring 2 16 24 320 2 364 2D. Pavement Design Recommendations 16 4 40 120 24 4 208 Sub-Totals 24 4 44 164 132 0 400 8 776 3. Plans, Specifications & Estimates (PS&E) 3A. Design Data Gathering 4 40 160 2 206 3B. 60% PS$E 120 40 8 960 1,180 1,320 8 3,636 3C. 90% PS$E 80 16 800 900 1,020 8 2,824 3D. 100% PS&E 40 12 120 480 600 8 1,260 3E. Final (Bid Set) PS&E 24 8 64 80 80 24 280 Sub-Totals 268 76 8 1,984 2,800 3,020 50 8,206 4. Bidding and Construction Support Services 4A. Bidding Support Services 24 4 60 24 4 116 4B. Construction Support Services 24 16 120 24 4 188 Sub-Totals 48 20 0 180 48 0 8 304 5. Regulatory Compliance 5A. CEQA Categorical Exemption 2 2 4 20 4 32 Sub-Totals 2 2 4 20 0 0 4 32 Total 586 202 64 2,556 3,124 3,020 400 126 10,078 NCE Labor Hours City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 31 A NCE Staff Resumes City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 32 Ryan Shafer, PE, GE – Principal-in-Charge Ryan Shafer, PE, GE, is an experienced Principal and Project Manager that is highly skilled in managing interdisciplinary teams of engineers, scientists, and planners for complex projects requiring civil engineering, geotechnical engineering, pavement engineering, structural engineering, transportation and traffic engineering, hydrology and hydraulics, coastal engineering, regulatory permits, technical studies and resource assessments, and environmental documents. In addition, he has managed and provided civil and geotechnical engineering on a wide range of public and private projects, including vertical development, municipal roads, trails, drainage infrastructure, landfills, public transit, recreation areas and parks, industrial facilities including refineries, and waterfront structures giving him an understanding of how to work with diverse project types. His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community. Representative Projects Annual Overlay/Rehabilitation City of San Leandro, CA Project Manager. NCE prepared construction documents and pavement rehabilitation and reconstruction design for 23 arterial, collector, and residential streets (5 miles). NCE’s scope of work included pavement investigation and design and preparation of civil design PS&Es for construction. Pavement design solutions included conventional and rubberized hot mix asphalt overlays, full-depth asphalt reconstruction, FDR in lieu of more expensive conventional reconstruction, and a pilot project for cold central plant recycling (CCPR) on an arterial street based on recommendations provided by NCE. Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 100 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addition of class II and class IV bike lanes. NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. NCE’s engineer’s estimate matched that of the winning contractor bid, indicating that NCE was able to anticipate the value of the scope of work and contractor climate. 2017 to Present Pavement Management Program City of South San Francisco, CA Project Manager and Principal Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. Starting in 2017 to present for the City’s Pavement Management Program NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services. Pavement Rehabilitation/ Maintenance and Bikeway Improvements Presidio Trust of San Francisco, CA Project Manager. NCE is designing the Presidio Trust’s pavement rehabilitation and maintenance project with redesign of the bicycle lane network. The scope for this project includes preparing plans, specifications, and cost estimates for bidding purposes. Design elements of the project include pavement design, a roundabout, extensive modification to existing striping and markings to introduce class II and III bikeways and an advisory bike lane, roadway grading, drainage solutions and design, and a bus platform. As part of this project, NCE introduced cost-effective and sustainable pavement treatment alternatives, such as cold in-place recycling (CIR) that allows the asphalt concrete to be recycled Education MS, Geotechnical Engineering, University of California, Berkeley, 1998 BS, Geological Engineering, Colorado School of Mines, 1996 Registrations/Certifications Professional Engineer – Civil, CA #62349 Professional Engineer – Geotechnical, CA #2713 Affiliations American Society of Civil Engineers American Public Works Association Joined NCE 2005 Total Years of Experience 22 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 33 in-place offering up a green technology that recycles existing onsite materials, reduces costly truck trips for import of asphalt paving materials, and reduces greenhouse gases and energy usage. The pavement design considered a number of different factors, including medians, curb reveal, depth to underlying concrete, previous overlays and fabric materials, AB thickness, and other buried obstructions, such as rail lines and recommended an appropriate pavement treatment. Measure M Street Rehabilitation Program City of Berkeley, CA Project Manager. Ryan managed development of pavement design and plans specifications, and engineer’s estimates (PS&Es) for the Measure M paving projects from 2015 through 2018. With a program cost of over $30 million, it included more than 30 miles (150 street sections) of surface seal, street rehabilitation, and reconstruction. Complete street elements included new bike lanes, intersection reconfigurations, new pedestrian crosswalks, storm drain improvements, and design of nearly 600 curb ramps, including pedestrian safety improvement bulbouts. Civil Design and Measure K Paving Program Town of Moraga, CA Project Manager. After passing a 1 percent sales tax in 2012 to raise approximately $8 million for streets and roads, Measure K, the Town selected NCE for a three-year, on-call contract to provide a variety of pavement-related services for this significant community project. The first phase included rubberized cape seals and microsurfacing for more than 14 miles of streets, the second phase included overlays on nearly 7 miles of roadway, and the final phase includes reconstruction of over three miles of mostly residential street sections. NCE recommended the use of FDR where feasible to lower costs and provide environmental benefits of recycle-in-place pavement technology. 2017 to Present Pavement Management Program City of South San Francisco, CA Project Manager and Principal Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. Starting in 2017 to present for the City’s Pavement Management Program NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services. Rumrill Blvd Complete Streets Project City of San Pablo, CA Principal Engineer. NCE is designing an approximately $15 million in construction value, 2.5-mile-long complete streets project along Rumrill Blvd. This is a Community-based design process focused on transforming the street into a safe and friendly place for people and business by improving conditions for walking, bicycling, and transit. This street corridor will receive a road diet and to add Class IV bikeways in both directions of travel. Additional key project elements include landscape buffers, widened bus stop landings, increasing parking, and video detection at traffic signals for vehicles and bicycles. In addition, the project will include LID design and bioretention basins, landscaping improvements, curb extensions/bulbouts, sidewalk widening, crosswalk improvements with rectangular rapid flashing beacons, median refuges bus stop shelters, expanded street lighting, ADA concrete and roadway improvements (curb ramps, sidewalks, driveways, medians, and regrading pedestrian roadway crossings), storm drainage improvements, trail crossings, wayfinding signs, pedestrian and street lighting. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 34 Mei-Hui Lee, PhD, PE – Project Manager Dr. Mei-Hui Lee has a PhD in civil and pavement engineering and over twelve years of experience in pavement design, evaluation and maintenance projects. Currently, Dr. Lee serves as the senior engineer for pavement and civil design and pavement management projects at NCE. Her clients include the Counties of Siskiyou, Mendocino, Lake, Trinity, Mariposa and Sacramento as well as multiple cities including South San Francisco, Pacifica, Belmont Sacramento, Davis, Stockton, Elk Grove, Lincoln, and Folsom. Dr. Lee is certified by the MTC inspector certification testing program. She was also involved in trench cut study for City of Sacramento and Pacifica. Representative Projects Pavement Management System Updates Various Cities and Counties Project Engineer. Dr. Lee has been involved with updating Pavement Management Systems (PMS) for many Cities and Counties in the Bay Area, Central Valley, and outside of California. She is responsible for the analysis and quality control of pavement distress data collection, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed cost-effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMS database. Some of her current/past PMS clients include: Ada County, ID Amador City Amador County Belvedere Belmont Benicia Calistoga Chula Vista Clearlake City Concord Contra Costa County Davis East Bay Regional Park Districts Elk Grove Fairfax Folsom Hayward Airport Jackson Lake County Lakeport Madera County Mariposa County Marin County Monterey County Moraga Novato Oakland Placerville Pleasant Hill Plymouth Rio Vista Sacramento Sacramento County San Francisco San Rafael Santa Cruz Santa Rosa Siskiyou County South San Francisco Sonoma County St. Helena Trinity County University of California-Davis Vallejo Yuba City Yountville 2017, 2018-2020 South San Francisco Pavement Management Program/ 2021 Pavement Management Program City of South San Francisco, CA Senior Engineer/Project Manager. NCE has been providing to the City a various of pavement management services including development of a multi-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. In 2017 to 2021 pavement management programs, we have developed pavement design and civil design for surface seal and rehabilitation of 48 centerline miles (more than 200 sections) of City streets with a construction cost over $14 million. In addition, NCE has modified City’s Street Saver database and updated historical maintenance and rehabilitation records to perform budget analyses and develop multi-year work plan. Recently, City’s 6-Year Work Plan was updated based on Education PhD, Civil Engineering, National Taiwan University, Taiwan, 2009 MS, Civil Engineering, Columbia University, New York, 2012 BS, Civil Engineering, National Taiwan University, Taiwan, 2002 Registrations/Certifications Professional Engineer – Civil, CA #87635 MTC StreetSaver® Rater Certification Program Affiliations American Society of Civil Engineers American Concrete Pavement Association Joined NCE 2014 Total Years of Experience 12 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 35 City’s budget, rehabilitation strategy and candidate streets are grouped by maintenance zone for efficiency of design, construction (less mobilization), future maintenance, and to be able to resurface more streets with a limited pavement resurfacing annual budget. NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. FY20/21 and FY21/22 Pavement Resurfacing Program City of Pacifica, CA Project Manager. NCE has developed 5-Year work plan for the City with surface seal and rehabilitation projects based on City’s SB1 funding, as well as pavement management database review and unit cost update. Field reviews were performed to verify pavement condition and treatments to finalize the work plan. NCE then scheduled field calibration meeting with City staff to discuss various surface seal applications and base repair criteria. Cost effective cape seal with leveling courses were designed on residential streets with lower PCI to prevent water from damaging pavement and help resisting reflective cracking. As part of this project, NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, pavement design recommendations, PS&Es, and bidding and construction support services. Annual Overlay/Rehabilitation 2017-18 Pavement Design and PS&E San Leandro, CA Senior Engineer. NCE prepared construction documents and pavement rehabilitation and reconstruction design for 23 arterial, collector, and residential streets (5 miles). NCE provided pavement investigation, design, and preparation of civil design PS&Es for construction. Visible drainage issues were addressed, ADA ramp design, curb and gutter repairs, and improvements to striping and pavement markings with the addition of Class II and Class IV bike lanes. NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. Bidding and construction support services were provided, including bid addenda and construction bulletins. 2015 to 2020 Transportation Infrastructure Rehabilitation Capital Improvement Project City of Davis, CA Project Engineer/Senior Engineer. This project involved producing pavement rehabilitations for 698 street sections in Davis from 2015 to 2020 with a construction cost over $18.5 million. The project involved non-destructive pavement deflection testing, pavement coring, pavement condition surveys and base repair location identification. Following the collection of the field data, rehabilitative recommendations were made based on each street segment’s structural integrity and performance. Recommendations for each section were summarized in a pavement design report and submitted to the City. In addition, NCE has updated City’s pavement management program in 2015 and 2018. 3-Year work plan for City’s capital improvement project was developed in 2017 with annual paving budget $3.5 million per year. 2015 Street Reconstruction Project Town of Moraga, CA Project Engineer. In order to effectively spend funds to be collected from a recent sales tax measure passed by Town residents, NCE worked with Town of Moraga to plan and prepare for the aggressive and cost-effective treatments for the three phase projects. In phase III, a total 13 streets of residential and collector streets are designated for reconstruction or overlay. Mei-Hui served as Project Engineer in preparation of the field data collection, including identifying localized pavement repairs and curb and gutter repairs and pavement design analysis. Pavement reconstruction recommendations were summarized in the report and submitted to the Town. 2015 Street Resurfacing Program City of San Bruno, CA Project Engineer. This project included 16 sections in the City’s pavement rehabilitation design and seal program. Mei- Hui served as Project Engineer in preparation of the field data collection, including identifying localized pavement coring plan, FWD testing, pavement condition survey and pavement design analysis. She also conducted budgetary analysis on City’s StreetSaver® database by different maintenance strategies and funding level. Summary of analysis result were submitted to the City. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 36 Franz Haidinger, PE – QA/QC Manager While serving in the military after high school, Mr. Franz Haidinger envisioned a future career that would allow him to “work in the natural environment, spending time in the field as well as the office.” In his role at NCE, he enjoys the opportunity to improve and protect the built environment, whether it’s implementing sustainable pavement technologies, creating storm water pollution prevention plans, assessing drinking water sources, or remediating contaminated soil. His clients value his ability to understand their needs, evaluate alternatives and determine the most appropriate solutions. According to Sean Rose, Public Works Director of the Town of Woodside, “Franz is a detail-oriented engineer that does a very thorough job preparing plans and specifications. He did a great job listening to our needs and specific comments and provided thorough and concise responses. Ultimately he provided a high-quality design and he was a pleasure to work with.” Representative Projects 2017 to Present Pavement Management Program City of South San Francisco, CA QC Manager and Principal Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. Starting in 2017 to present for the City’s Pavement Management Program NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services. Civil Design and Measure K Paving Program Town of Moraga, CA Project Manager. Lead Civil Engineer. Responsible for the preparation of construction documents to reconstruct three streets (totaling approximately 200,000 square feet) in the Town of Moraga. FDR was chosen as the reconstruction alternative based on a comprehensive pavement and subgrade investigation. The design plans included grading plans and profiles and included drainage improvements and the design and construction of a retaining wall (soldier piles and lagging) to protect an eroding storm drain culvert outfall. The project included comprehensive regulatory compliance and permitting services, as well as coordination with adjacent property owners (St. Mary’s College) as some of the design elements were sited in biological sensitive areas. Key to the project success was the tight collaboration with staff responsible for the permitting and regulatory compliance tasks, incorporation of permitting requirements and mitigation measures into the design documents, and communication with Town staff and stakeholders. After passing a 1 percent sales tax in 2012 to raise approximately $8 million for streets and roads, Measure K, the Town selected NCE for a three- year, on-call contract to provide a variety of pavement-related services for this significant community project. Education Diplom-Ingenieur (Equivalent of MS degree), Civil Engineering, University of Natural Resources and Life Sciences, Vienna, Austria, 1997 Registrations/Certifications Professional Engineer – Civil, CA, #64725 Affiliations American Society of Civil Engineers American Public Works Association Joined NCE 2004 Total Years of Experience 22 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 37 Measure M Street Rehabilitation Program City of Berkeley, CA Technical Lead/QC Manager. NCE developed the PS&Es and pavement designs. Phases 1 and 2 consisted of 54 rehabilitation and reconstruction street sections and 48 surface seal street sections, traffic control plans, replacing/retrofitting nearly 450 curb ramps, replacement of curb/gutter, storm drains, bike/pedestrian improvements, and intersection reconstruction. Design was completed on a very tight timeframe. Transportation Infrastructure and Rehabilitation Program (TIRP) City of Davis, CA Project Manager. Responsible for the preparation of construction documents for the rehabilitation and reconstruction of several residential streets and arterials in the City of Davis. The project includes the reconstruction of a mile of bike paths currently paved with asphalt concrete to PCC pavement. This project is a continuation of a three-year contract with the City of Davis to improve its streets and bike path network. The work includes topographic surveying, pavement condition analysis, pavement coring and deflection testing, quantity take offs for utility covers, striping, ADA related upgrades, and curb/gutter, and sidewalk repairs. The project was divided into three bid packages, i.e., slurry seal package, road rehabilitation/reconstruction, and bike path reconstruction to attract more contractors and minimize contractor mark-ups on subcontractors. Via Verdi Slope Stabilization City of Richmond, CA Lead Civil Engineer. NCE was retained by the City to assess the extent of a substantial landslide along a section of roadway providing the only access to a residential subdivision with homes and apartment units. With continued landslide movement and distress to the roadway, NCE was tasked to design an emergency access road within a day with construction starting over the weekend and opening to traffic within one week. NCE is now developing slope stabilization alternatives for long-term repair and completing initial permitting. Once a preferred solution has been selected, NCE will move forward with design, permitting, and environmental documents. Castro Ranch Road Rehabilitation and Complete Streets Improvements City of Richmond, CA Lead Civil Engineer. Improvements include pavement rehabilitation featuring CIR, dig-outs, road widening, median islands and pedestrian passage ways, sidewalks, ADA curb ramps, median refuges, Class II bicycle facilities including green painted bicycle lanes, rectangular rapid flash beacons (RRFB), landscaping, storm drain inlet improvements, roadway regrading, and guardrails. The estimated construction cost is $3.5 million. Rumrill Boulevard Complete Streets City of San Pablo, CA Quality Assurance / Quality Control Manager. NCE is designing an approximately $15 million in construction value, 2.5- mile-long complete streets project along Rumrill Boulevard. This is a Community-based design process focused on transforming the street into a safe and friendly place for people and business by improving conditions for walking, bicycling, and transit. This street corridor will receive a road diet and to add Class IV bikeways in both directions of travel. Additional key project elements include landscape buffers, widened bus stop landings, increasing parking, and video detection at traffic signals for vehicles and bicycles. In addition, the project will include LID design and bioretention basins, landscaping improvements, curb extensions/bulbouts, sidewalk widening, crosswalk improvements with rectangular rapid flashing beacons, median refuges bus stop shelters, expanded street lighting, ADA concrete and roadway improvements (curb ramps, sidewalks, driveways, medians, and regrading pedestrian roadway crossings), storm drainage improvements, trail crossings, wayfinding signs, pedestrian and street lighting. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 38 Victor Lemus, PE – Lead Civil Engineer Victor Lemus initially joined us in the summer 2014 as a variable technician and was quickly asked to work with our field engineers, learning and performing pavement surveys on a variety of projects. Victor graduated from the University of California, Davis in 2014 with a BS in Civil and Environmental Engineering and has passed his California PE exam. His coursework included experience with concrete and steel design, earthquake loads on structures, structural analysis and design, green engineering design, pavement engineering, construction principles, project management and geotechnical earthquake engineering. Representative Projects 2017, 2018-2020 South San Francisco Pavement Management Program/ 2021 Pavement Management Program City of South San Francisco, CA Staff Engineer. NCE has been providing to the City a various of pavement management services including development of a multi-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. In 2017 to 2021 pavement management programs, we have developed pavement design and civil design for surface seal and rehabilitation of 48 centerline miles (more than 200 sections) of City streets with a construction cost over $14 million. In addition, NCE has modified City’s Street Saver database and updated historical maintenance and rehabilitation records to perform budget analyses and develop multi- year work plan. Recently, City’s 6-Year Work Plan was updated based on City’s budget, rehabilitation strategy and candidate streets are grouped by maintenance zone for efficiency of design, construction (less mobilization), future maintenance, and to be able to resurface more streets with a limited pavement resurfacing annual budget. NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. FY20/21 and FY21/22 Pavement Resurfacing Program City of Pacifica, CA Staff Engineer. NCE has developed 5-Year work plan for the City with surface seal and rehabilitation projects based on City’s SB1 funding, as well as pavement management database review and unit cost update. Field reviews were performed to verify pavement condition and treatments to finalize the work plan. NCE then scheduled field calibration meeting with City staff to discuss various surface seal applications and base repair criteria. Cost effective cape seal with leveling courses were designed on residential streets with lower PCI to prevent water from damaging pavement and help resisting reflective cracking. As part of this project, NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, pavement design recommendations, PS&Es, and bidding and construction support services. 2017 Berkeley Rehabilitation/ PCC Work and Surface Seal Berkeley, CA Staff Engineer. Measure “M” was a $30 million bond passed to accelerate street improvements in Berkeley. NCE was tasked to consider cost effective treatments that extended paving dollars and offered recycling or environmental benefits. Victor’s involvement included field data collection, marking concrete and base repairs in the field and mapping them onto a GPS unit for import into CAD. Victor was also involved in the civil design aspect of the project, most notably regrading reconstruction streets to ensure drainage and eliminate high street cross slopes. Education BS Civil & Environmental Engineering, University of California, Davis, 2014 Registrations/Certifications Professional Engineer – Civil, CA #89769 Affiliations Chi Epsilon Joined NCE 2014 Total Years of Experience 6 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 39 2015 Berkeley Street Surface Seal Berkeley, CA Staff Engineer. Victor performed a street seal and striping inventory, field survey of curb ramps, assisted with striping plans and prepared design plans, including vicinity maps and details of curb ramps to adjust to latest ADA requirements, for a surface seal program on 27 streets in the City of Berkeley. The surface seal program included slurry seals and rubberized cape seals with an estimated construction value of $2 million. 2015 Berkeley Street Resurfacing and Reconstruction Berkeley, CA Staff Engineer. The project included the pavement reconstruction and resurfacing of over 54 streets or over six miles of arterials, collector and residential streets. Victor assisted with the design of the striping plans and curb ramps, as well as preparing the civil design sheets and engineer’s estimate of probable construction cost. I-80/Central Avenue Interchange Improvement Contra Costa Transportation Authority (CCTA) and City of Richmond, CA Staff Engineer. Improvements were performed as two separate projects to improve traffic congestion in the I-580/I-80 Central Avenue area. Using multiple electronic variable message signs, the first project redirected I-80 westbound on- ramp traffic during weekend peak periods to I-580. The second project improved signalized intersection spacing along Central Avenue by connecting Pierce Street and San Mateo Street, converting Pierce Street access at Central Avenue to “right-in, right-out,” and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection. Victor assisted the core rig operator to extract asphalt concrete and aggregate base core samples for laboratory testing. He also prepared conceptual level exhibits delineating potential extents, assisted on applications for the Local Assistance Procedure, including NEPA exhibits for environmental clearance, right-of-way certification and E-76 process for Caltrans clearance for construction. Daly City 2016 Pavement Rehabilitation Daly City, CA Staff Engineer. NCE completed pavement and civil design services for the 2016 Street Resurfacing Project. The construction cost for this project was approximately $2 million. Victor completed the PS&E that consisted of setting up project kick-off meetings, coordinating with utilities, pavement coring, field data collection, preparing civil and striping plans, cost estimation of the construction cost and writing Technical Specifications for the bid items. UC Davis 2017 – Old Davis Road/Transportation Infrastructure Davis, CA Staff Engineer. The reconstruction of old I-80 was selected by the city to facilitate access to UC Davis. Initially, Victor helped with pavement coring and dynamic cone penetration testing. Victor’s involvement with the transportation infrastructure project was to collect field data and mark digout and concrete repairs that were shown on the plans. Half Moon Bay 2016-17 Street Reconstruction Half Moon Bay, CA Staff Engineer. Eight street sections were identified as needing reconstruction because of low PCI and being past their design life. NCE provided pavement and civil engineering design services for economic reconstruction alternatives of these street sections. Victor coordinated with utilities, designed and regraded the street sections to correct drainage using drainage features and prepared the construction cost estimate. Lawrence Livermore National Laboratory Pavement Rehabilitation Livermore, CA Staff Engineer. NCE and LLNS developed a preventive maintenance and rehabilitation strategy for several roads and parking lots within Site 200. Victor’s work included coordinating with the lab to perform pavement coring and field data collection. He also assisted in producing the PS&E documents for contractor bidding. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 40 James Signore, PhD, PE – Pavement Design Lead (AC) James M. Signore, PhD, PE, specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, Caltrans and for heavy vehicle loading applications at airfields and ports. He has spent years researching all types of pavement materials, having directed a state-of-the-art AMRL certified and Superpave mix design equipped research laboratory and is well versed in state and local pavement practices and specifications. Dr. Signore has taught NHI’s and ASCE’s “Techniques for Pavement Rehabilitation” (including best practices for utility cuts and patches) seminars to practicing engineers for 20 years. He taught graduate courses in pavement engineering at San Jose State University and many of his former students are civil engineers at local agencies. He uses his practical and research experience, technical knowledge and teaching skills to develop an understanding of client needs and the creation of design and rehabilitation strategies that offer the client agency the leading-edge in methods and materials for their pavements. Dr. Signore is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group. Dr. Signore has worked on several pavement impact studies caused by different truck traffic as well as those from utility cuts e.g. City of Philadelphia. He has used a variety of rigorous technical approaches to determine these impacts such as: Development of an experiment design to ensure that all variables affecting pavement impacts are included Rigorous statistical analyses to ensure that results and conclusions are significant Pavement structural analysis, including the use of deflection testing Pavement condition analysis, employing the use of pavement management data In each case, the appropriate technical approach was selected depending on the type of study and the data available. Representative Projects 2017 to Present Pavement Management Program City of South San Francisco, CA Lead Pavement Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. Starting in 2017 to present for the City’s Pavement Management Program NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services. Education PhD, Civil Engineering, University of Illinois, Urbana-Champaign, 1998 MS, Civil Engineering, University of Illinois – Urbana-Champaign, 1994 BS, Electrical Engineering, Clarkson University, 1985 Registrations/Certifications Professional Engineer – Civil, CA, #62647 Affiliations TRB Committee AFD70, Pavement Rehabilitation TRB Committee AFD70-1, Pavement Interlayer Systems ASCE Airfield Pavement Committee FAA Pavement Technical Working Group American Society of Civil Engineers Joined NCE 2014 Total Years of Experience 25 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 41 Measure M Street Rehabilitation Program City of Berkeley, CA Lead Pavement Engineer. James is responsible for the development of pavement design and PS&E for the first phase of the project, which consists of 39 rehabilitation and reconstruction street sections and 24 surface seal street sections, replacing/retrofitting nearly 300 curb ramps, replacement of curb/gutter, intersection reconstruction, bike and pedestrian improvements, and traffic control plans. Transportation Infrastructure Rehabilitation Program (TIRP) City of Davis, CA Pavement Design Manager. James is overseeing staff in the design of pavement rehabilitation treatments for eight streets throughout the City. NCE provided civil design for these pavements. Work included preliminary and final field surveys to locate base repair sections, potential rehabilitation strategies, and assess specific pavement conditions. Strategies being considered include CIR, concrete cracking and seating, reconstruction, and mill and overlay. Measure Q Street Rehabilitation and Maintenance City of Concord, CA Project Manager/Pavement Engineer. James managed the project and developed the rehabilitation plans for East Olivera Road and Hillsborough Drive in Concord. These streets exhibited a mix of extensive fatigue cracking and transverse thermal cracking. Tasks ranged from design and construction consulting to client interaction to budget control. The recommendations presented were CIR and FDR. FDR was selected for these streets, which were completed in November 2016. These green treatments eliminated the need for significant and costly full depth base repairs. Pavement Guidance Numerous Bay Area Cities, CA Lead Pavement Engineer. James provided technical support and guidance on various pavement related issues from design to materials to specifications for clients throughout the Bay Area. Selected agencies include Sunnyvale, Oakland, Berkeley, Moraga, Elk Grove, Davis, and Sacramento. On-Call Pavement Engineering California Department of Transportation, Statewide, CA Project Manager. Dr. Signore manages the pavement on-call contract with Caltrans and is responsible for all contractual and project management activities. Major task orders emphasize asphalt and concrete pavement performance and evaluation for all types of pavement issues such as a comparison of ARHM and conventional HMA performance, HMA smoothness specifications, and polyester inlay materials evaluation. He provided technical guidance on the selection and testing of joint filler and spall repair materials and acted as a construction methods assessor on the installation of precast concrete slabs. He wrote, reviewed, or edited numerous interim and final reports including those dealing with continuously reinforced concrete, rapid set concrete, concrete inlay hardeners, and concrete flexural strength. Pavement Management Systems Various Cities and Counties QC Manager. Dr. Signore has been responsible for quality control for Pavement Management Systems (PMS) updates for many cities and counties in California. He is responsible for the quality control of data and responsible for spot checks on the field crews during the pavement condition surveys. Some of his clients include: Aliso Viejo Buena Park Burbank Carson Dana Point Davis Downey Elk Grove Folsom Garden Grove Hayward Airport La Mirada Lemon Grove Madera County Newport Beach Orange Pico Rivera San Francisco San Francisco Airport Santa Clarita Santa Monica Siskiyou County Sonoma County South San Francisco Southgate Stanton Thousand Oaks West Covina Yorba Linda Yuba City City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 42 Tom Van Dam, PhD, PE, FACI, LEED AP – Pavement Design Lead (PCC) In the rapidly evolving field of civil engineering, sustainability is increasingly important. Thomas Van Dam is leading the way by working with the Federal Highway Administration to guide more sustainable pavement practices and applying his expertise on a variety of projects. One of NCE’s five pavement professionals with a PhD, Thomas is proud of the level of expertise that exists within the firm. He enjoys working with clients and the public and can effectively communicate the importance and applicability of highly technical information. He feels that NCE’s clients “know they can rely on us to bring them the latest technological knowledge as it relates to pavements and pavement materials.” Thomas brings a range of expertise to his projects. He has authored more than 75 publications and has given more than 100 presentations on pavements, concrete materials and sustainability. An active researcher, he has led projects for agencies, foundations, departments of transportations and private entities. He has also been a professor, Director of the USDOT-funded University Transportation Center for Materials in Sustainable Transportation Infrastructure and Director of the Michigan DOT Transportation Materials Research Center. Representative Projects On-Call Pavement Engineering, Statewide Caltrans, CA Subject Matter Expert. This is a multi-year on-call contract to provide technical solutions and assist with implementing new strategies and policies that will improve the State’s highway network. Key elements include sustainability, forensics, design tools, performance modeling, data analysis, and asphalt and concrete materials. Almond Grove District Street Reconstruction Town of Los Gatos, CA Pavement Engineer. The concept design phase for this high-profile community project included evaluation of “Complete Streets” principles, including street design, typical sections, intersection design, stormwater management and surface treatment concepts, for incorporation into the project. NCE’s fee was $298,500. 2015 Street Rehabilitation City of Berkeley, CA Sustainable Pavement Engineer. Thomas is the Sustainable Pavement Engineer in the development of pavement design technologies for the first phase of the project. It consists of 39 rehabilitation and reconstruction street sections and 24 surface seal street sections, replacing/retrofitting nearly 300 curb ramps, replacement of curb/ gutter, intersection reconstruction, bike and pedestrian improvements and traffic control plans. Measure M Street Rehabilitation City of Berkeley, CA Pavement Engineer. NCE is implementing the City’s $30 million, multi-year street surface seal, rehabilitation, and reconstruction project, one of the City’s largest projects to date. With a construction cost over $6 million, it included more than 6 miles of street rehabilitation and reconstruction, nearly 7 miles of surface seal street sections and the replacement or retrofit of nearly 300 curb ramps among other associated improvements. Education PhD, Civil Engineering, University of Illinois, Urbana, 1995 MS, Civil Engineering, University of Illinois, Urbana, 1986 BS, Civil Engineering, University of Illinois, Urbana, 1984 Registrations/Certifications Professional Engineer – Civil, NV #23424 Professional Engineer – Civil, MI #6201040662 Professional Engineer – Civil, IL #062.047665 LEED Accredited Professional Affiliations American Concrete Institute American Society of Civil Engineers Transportation Research Board International Society of Concrete Pavements American Concrete Institute Delmar L. Bloem Distinguished Service Award (2018) Joined NCE 2013 Total Years of Experience 29 years City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 43 Pavement Engineering On-Call Services San Francisco International Airport, City and County of San Francisco, CA Forensic Evaluator. As the Airport’s On-Call Pavement Consultant, NCE has multiple responsibilities, including maintaining the MicroPAVER® APMS including automated distress surveys, determining the ACN/PCN for all runways and taxiways, conducting numerous forensic analyses to investigate development of distress on airside pavements, developing construction guidelines for long-lasting longitudinal joints for asphalt pavements and conducting pavement designs for runway rehabilitation and taxiway construction. Thomas has provided technical support throughout this project, guiding the forensic evaluations and reviewing pavement design reports. Technical Support for Evaluation of Two Runway Pavements RJ Lee Group / Los Angeles World Airport, Los Angeles, CA Pavement Engineer. This project consisted of providing pavement and materials expertise to the forensic lead (RJ Lee Group) supporting Los Angeles World Airport (LAWA) in its dispute with those responsible for the recent construction of two runways at LAX. NCE’s role was to provide pavement structural analysis information, technical review of the FAA P-501 concrete pavement specification and other project documents, review of petrographic analysis, and field data collection, including visual assessment and dynamic cone penetrometer testing. In the case of Runway 24R, NCE observed and commented on the construction process. Dr. Van Dam supervised the evaluation, met with the client to discuss findings, and conducted field evaluations. The dispute on Runway 24R settled in 2017 and the one on Runway 25L settled in 2018. Prater Way and El Rancho Drive Resurfacing Regional Transportation Commission of Washoe County, NV Pavement Engineer. The project consisted of pavement resurfacing on Prater Way and a short section of El Rancho Drive. NCE investigated the use of a durable thin lift bonded Portland Cement Concrete (PCC) overlay on the El Rancho Drive section. NCE performed hot mix asphalt concrete (HMAC) and Portland Cement Concrete (PCC) pavement analysis and design; plan, specification and cost estimate development and provided construction management and inspection. Sustainable Pavements Program Federal Highway Administration Co-Principal Investigator. This ten-year (Phase I and Phase II), multi-task order IDIQ contract issued by the FHWA to promote the sustainability of pavements is a major initiative with the overarching goal of advancing the knowledge and implementation of sustainability considerations in pavements and pavement materials. The Sustainable Pavements Technical Working Group (SPTWG) is comprised of 20 representatives from key stakeholder groups, including federal and state government, academia, industry and research institutions. The SPTWG provides technical input to the FHWA—specific to sustainability and environmental aspects of pavements and materials—and to serve as a forum for information sharing and exchange. The Sustainable Pavements Reference Manual (http://www.fhwa.dot.gov/pavement/sustainability/hif15002/hif15002.pdf), of which Dr. Van Dam is the first author, is a 450-page manual on implementation strategies to improve pavement sustainability. Project NEON (I-15/US 95 Reconstruction) Nevada Department of Transportation, NV Pavement Engineer. NCE is the Pavement Designer for the Design-Build consortium that has been awarded a $560 million contract by the Nevada Department of Transportation (NDOT) to construct Project NEON. This project is in downtown Las Vegas and extends 3.7 miles along I-15 from Sahara Avenue to the US95/I-15 Interchange. Thomas leads the pavement design team responsible for the evaluation of the interstate pavement designs, design of all local roadways and providing broad technical support on all pavement issues including subgrade and materials. City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 44 B Subconsultants’ Key Staff Resumes City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 45 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 46 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 47 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 48 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 49 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 50 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 51 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 52 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 53 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 54 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project January 12, 2021 Page | 55 City of South San Francisco 2022 West of 101 Pavement Rehabilitation Project Page | 56 C Sample Brochure 2022 REHABILITATION PROJECT QUESTIONS? Additional information will be provided at two City Council Meetings on November 11 & December 8, 2021 at 7:00pm at South San Francisco City Hall Office 400 Grand Avenue For more information, contact: City of South San Francisco Public Works (650) 877-8550 or Awarded Contractor Contact Name, (XXX) XXX-XXXX website For daily updates, visit our Facebook page: www.facebook.com/CityofSouthSanFrancisco Questions? Email Us: web-pw@ssf.net 2022 REHABILITATION PROJECT 2022 REHABILITATION PROJECT CONSTRUCTION PERIOD - APRIL 2022 THROUGH AUGUST 2022 - Rehab will include asphalt renovation on 94 streets in the City of South San Francisco, which equates to almost 19 miles of streets! WHAT TO EXPECT... PRIOR TO CONSTRUCTION: • City will issue notices to each resident affected by upcoming work 1 to 2 weeks before construction. • Please pay close attention to signs on and around your street indicating when street closures may occur. • City hall meetings to provide additional information and answer questions or concerns. Before After WHAT TO EXPECT... DURING CONSTRUCTION: • Streets will first be “prepped” with crack sealant and localized pavement failures will be removed and repaired. • The shoulder areas and sometimes the entire street width will be “milled” to accommodate the thickness of the new 2” to 3” asphalt overlay. • Contractor will sweep up any excess grindings from the milling machine. • The milled surface will be rough and the elevation difference of approximately 2” to 3” in travel lanes will be bridged by a short and temporary pavement wedge. • CAUTION! Drivers need to pay attention and observe posted construction zone speed limits. • Expect partial road closures throughout the day during prep and milling operations. • The prepped and milled surface will be exposed up to one week before the new overlay is placed. • The asphalt overlay consists of a liquid asphalt binder premixed with aggregate, which is placed and compacted on the street surface. • Expect road closures throughout the day during overlay operations. 2022 REHABILITATION PROJECT During Construction: Paving WHAT TO EXPECT... DURING CONSTRUCTION: • Street closures may occur any time between 8am and 5pm. • Please do not park or drive on streets if construction signage indicates that the street will be closed. • Please observe temporary posted speed signs. • To avoid tracking asphalt onto your driveways and property, please pay attention to contractor signage and wait until the street has been cleared for access. • CAUTION! Driving on these streets before they are open will result in possible defects in the new pavement and paving materials tracked onto your driveway and home. Before Before 2022 REHABILITATION PROJECT INCLUDES: • Localized pavement repairs • Crack sealing • Curb ramp improvements • Grinding off pavement surface (milling) • Asphalt and rubberized asphalt paving • Refresh pavement striping The City will be using cost-effective and sustainable pavement technologies to stretch Bond Measure dollars to preserve streets. The finished pavement surface will be new asphalt and preserve your street for many years! During Construction: Milled Roadway Surface Collaboration. Commitment. Confidence. www.ncenet.com City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-998 Agenda Date:3/10/2021 Version:1 Item #:12a. Resolution awarding a consultant services agreement with Nichols Consulting Engineers (NCE)of Richmond, California for the 2022 West of 101 Pavement Rehabilitation Project (No.st2107)in an amount not to exceed $1,596,000,authorizing the City Manager to execute the agreement,authorizing a total project design budget of $1,755,600, and approval of Budget Amendment Number 21.044. WHEREAS,the City is undertaking the 2022 West of 101 Pavement Rehabilitation Project,which will rehabilitate a majority of the deferred maintenance of City streets; and WHEREAS,NCE of Richmond,California was the best qualified engineering firm and has the capacity and experience to deliver a comprehensive,cost effective pavement rehabilitation work plan with options to include complete streets elements, and green infrastructure solutions; and WHEREAS,staff recommends awarding a consultant services agreement to NCE of Richmond,California in an amount not to exceed $1,596,000, which is the total for the design services; and WHEREAS,a project design budget of $1,755,600 is requested,that includes a contingency allowance budget of $159,600, and agreement budget of $1,596,000; and WHEREAS,this project (No.st2107)is a new project and was not previously included in the City of South San Francisco’s fiscal year 2020-21 Capital Improvement Program; and WHEREAS,staff recommends that the City Council approve Budget Amendment Number 21.044,amending the fiscal year 2020-21 Capital Improvement Program budget by appropriating $500,000 in Road Maintenance (SB1) (Fund 212) from CIP st1602 into the project budget to cover the initial design fees; and WHEREAS,staff intends to pursue a Bond Measure to fund remaining design costs and all pavement rehabilitation construction costs. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a consultant services agreement,attached hereto and incorporated herein as Exhibit A, for the 2022 West of 101 Pavement Rehabilitation Project to NCE of Richmond,California,in an amount not to exceed $1,596,000 conditioned on NCE’s timely execution of the Project agreement and submission of all required documents, including but not limited to, certificates of insurance and endorsement. BE IT FURTHER RESOLVED the City Council authorizes a total project design budget of $1,755,600 and authorizes the City Manager to utilize any unspent amount of the total budget,if necessary,towards project City of South San Francisco Printed on 3/26/2021Page 1 of 2 powered by Legistar™ File #:20-998 Agenda Date:3/10/2021 Version:1 Item #:12a. administration costs, construction or additional design services. BE IT FURTHER RESOLVED the City Council authorizes the Finance Department to establish the Project Budget and new project number consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consultant services agreement in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by NCE of the signed agreement and all other documents,subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the associated staff report or resolution. ***** City of South San Francisco Printed on 3/26/2021Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 1 of 20 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND NICHOLS CONSULTING ENGINEERS (NCE) THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Nichols Consulting Engineers (NCE) (“Consultant”) (together sometimes referred to as the “Parties”) as of March 22, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on March 22, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pu rsuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Million, Five Hundred Ninety-Six Thousand Dollars ($1,596,000.00), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below EXHIBIT A Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 2 of 20 shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensa tion required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); The beginning and ending dates of the billing period; A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 3 of 20 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement _____________________________. Reimbursable expenses, as specified in Exhibit E, attached hereto and incorporated herein, shall not exceed Fifteen Thousand Dollars ($15,000.00). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 4 of 20 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority u nder Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the C onsultant 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 ad ditional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 5 of 20 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents , representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed unde r this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 6 of 20 CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amou nt not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 7 of 20 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endors ements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 8 of 20 must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self - insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may in crease such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and withi n the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 9 of 20 c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or sub contractor 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 c ontributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 10 of 20 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 11 of 20 Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by al l the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and s pecialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the p rior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.4.1 Subcontracting A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGNECY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY”s obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 12 of 20 be subcontracted without written authorization by LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract Administrator prior to the start of work by the subconsultant(s). 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 13 of 20 final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the pe rformance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, LOCAL AGNECY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain the provision. 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY’s Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 14 of 20 C. Neither the pendency of a dispute nor its consideration b y LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, includin g arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested excl usively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 15 of 20 provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of thi s 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, incl uding reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Mathew Ruble ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 16 of 20 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 J. Ryan Shafer, P.E., G.E. Nichols Consulting Engineers (NCE) 501 Canal Blvd., Suite I Pt. Richmond, CA 94804 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered a t least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 17 of 20 an equal opportunity to participate in the drafting of this Agreement; therefore, any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. A. CONSULTANT agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 .000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. D. All subcontracts in excess of $25,000 shall contain the above provisions. 10.17 State Prevailing Wage Rates. The State of California’s General Prevailing Wage Rates are not applicable to this contract. 10.18 Rebates, Kickbacks or Other Unlawful Consideration. CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretio n; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.19 Statement of Compliance. A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 18 of 20 subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultants and subconsultants shall comply with the provisions o f the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscriminatio n in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. D. The Consultant, with regard to the work, performed by it during the Agreemen t shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.20 Debarment and Suspension Certification. A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 19 of 20 B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. The Parties have executed this Agreement as of the Effective Date. Consulting Services Agreement between [Rev:11.14.2016] March 1, 2021 City of South San Francisco and Nichols Consulting Engineers (NCE) Page 20 of 20 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ Charles M. Futrell, City Manager Nichols Consulting Engineers (NCE) Attest: _____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES EXHIBIT D FORM 590 EXHIBIT E REIMBURSABLE EXPENSES City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-167 Agenda Date:3/10/2021 Version:1 Item #:13. Report regarding a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to extend the Outdoor Dining Pilot Program and provide related authorizations. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) RECOMMENDATION Staff recommends that the City Council approve a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to extend the Outdoor Dining Pilot Program and provide related authorizations. BACKGROUND On July 8,2020,the City Council passed Resolution No.90-2020 amending the proclamation of a local health emergency to create an Outdoor Dining Pilot Program throughout the City,with the intent to provide restaurants with a way to sustain some minimum level of revenue and activity while shelter-in-place regulations prohibit indoor dining at full capacity. Subsequently,staff developed an expedited,no-cost permit application process for interested businesses to participate in the program (Exhibit A to the accompanying resolution).Staff procured water-filled barriers to accommodate up to 20 businesses and obtained approval from the Parking Place Commission for the waiver of parking fees in support of the Outdoor Dining Pilot Program.In collaboration with the SSF Chamber of Commerce, staff conducted outreach to 30 businesses and assisted applicants through the application process. Since the approval of the Program,staff has completed review of 12 applications from restaurants located in the Downtown,and 10 locations have been approved for outdoor dining on the public right-of-way;all 10 approved public right-of-way locations began outdoor dining operations shortly thereafter.Additionally, restaurants located on private property have established their own outdoor dining areas on private parking lots with guidance from the City. Based on feedback from participating restaurants,the Chamber of Commerce,and staff’s observations,the Outdoor Dining Program appears to be successfully performing as intended.Participating downtown restaurants -Ben Tre,Thai Satay,Amoura,Grand Palace,Izanami,Café 382,Andiamo in Banca,Hing Lung, and Antigua -indicate that the outdoor dining program has been vital in helping them to maintain some minimum level of business activity during dire circumstances.In addition,other restaurants outside of Downtown have been inspired to offer outdoor dining,such as Gunther’s,Fort McKinley’s,47 Hills,and H.L. Peninsula. For some restaurant operators,the addition of outdoor dining on the public right-of-way has further supplemented operations that were only comprised of pick-up/take-out business,while maintaining conformance with San Mateo County Health Orders and State of California Department of Health Guidance for customers and employees. City of South San Francisco Printed on 3/5/2021Page 1 of 2 powered by Legistar™ File #:21-167 Agenda Date:3/10/2021 Version:1 Item #:13. The initial pilot program approval by the City Council was set to expire in November 2020.On October 14, 2020,Council approved an extension of the pilot program,with permits expiring in March 2021.For context, San Mateo County,like most counties in the state,entered into a restrictive second shelter-in-place stage in December 2020,where outdoor dining was prohibited.In January 2021,San Mateo County entered the purple tier (and later red tier),which allows outdoor dining and some indoor dining.Businesses,especially restaurants, have recently resumed on-site dining in the last two weeks.Unfortunately,businesses that were approved for the program in the last six months were only able to operate their outdoor dining areas for less than half of that time. Staff is proposing to amend the Outdoor Dining Pilot Program by extending its duration to align with the Shelter In Place (SIP)restrictions and/or further openings of indoor dining activities when the County can operate at less restrictive tiers.Specifically,staff proposes to have the Program continue to remain in place as long as SIP orders and indoor dining restrictions are in place,and would terminate 60 days after the lifting of SIP orders or when indoor dining fully resumes depending on the County’s operational tiers,whichever occurs earlier.Staff also proposes that the Council provide authority to the City Manager,acting as Director of Emergency Services,for renewing permits and issue extensions for individual businesses to allow them to participate in the Program.To illustrate,this authority would allow the City Manager to renew any permits that may have previously expired.Finally,staff is also proposing to include additional performance measures (such as rules regarding previously approved but unused outdoor space),which are included in Exhibit A to the accompanying resolution. These proposed amendments to the Outdoor Dining Pilot Program would allow restaurants to continue operating in approved outdoor dining areas for as long as COVID-19 health restrictions remain in place,and until such time as local restaurants are allowed to return to normal business operations,and provide rules and guidance on such operation.In addition,staff is working to amend all conditions of approval and provide the following clarifications to all participants: ·Process for removing underutilized, or neglected outdoor dining areas; ·Clarify City standards for parklet/platform design and construction; and ·Provide guidance for businesses operating on private property. FISCAL IMPACT Extending the outdoor dining program would involve the continued loss of approximately 20 metered parking spaces,which in turn would result in minor,short-term loses in City parking revenue of approximately $1,460 per month ($73 per space per month). CONCLUSION Staff recommends that the City Council approve an amendment to the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to extend the Outdoor Dining Pilot Program and provide related authorizations. City of South San Francisco Printed on 3/5/2021Page 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 #:21-168 Agenda Date:3/10/2021 Version:1 Item #:13a. Resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35- 2020) to extend the Outdoor Dining Pilot Program and provide related authorizations. WHEREAS,Section 8630,Article 14,of the California Emergency Services Act empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City of South San Francisco (“City”) is affected or likely to be affected by a public calamity; and WHEREAS,Section 2.72.060 of the South San Francisco Municipal Code (“SSFMC”)authorizes the City Manager,serving as the Director of Emergency Services to proclaim,or to request the City Council to proclaim, the existence or threatened existence of a local emergency; and WHEREAS,SSFMC Section 2.72.060 authorizes the director of emergency services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency;provided,however,such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS,on March 11,2020,the City Council passed Resolution No.35-2020 proclaiming a local State of Emergency related to the Novel Coronavirus 2019 (COVID-19); and WHEREAS,on March 16,2020,seven health officers within six Bay Area counties,including San Mateo County (“County”),took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home and limiting activity,travel and business functions to only the most essential needs for three weeks,beginning March 17, 2020; and WHEREAS,on March 19,2020,Governor Gavin Newsom issued a statewide order ordering all individuals living in the State of California (“State”)to stay home or at their place of residence,except as needed to maintain continuity of operation of the federal critical infrastructure sectors; and WHEREAS,on May 13,2020,the City Council passed Resolution No.57-2020 amending and updating the Emergency Proclamation; and WHEREAS,San Mateo County and six other Bay Area jurisdictions have been under a Shelter in Place public health order due to COVID-19 since March 17,2020 and multi-month closure of many of the County’s local City of South San Francisco Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:21-168 Agenda Date:3/10/2021 Version:1 Item #:13a. businesses is putting a huge financial strain on all industries; and WHEREAS,on June 17,2020,the San Mateo County Health Officer and the County Health Department announced revised orders to align with State Health Orders allowing for the continued re-opening of businesses,provided that gatherings are not to exceed 50 people,allow for social bubbles,adherence to social distancing requirements,face covering requirements,and requirements for businesses to implement a social distancing protocol and written health and safety plans; and WHEREAS,in conjunction with the revised San Mateo County Health Orders,nearly all cities in San Mateo County have implemented an outdoor dining program; and WHEREAS,the City has an important governmental interest in maintaining a healthy,active,and thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS,to protect the health and safety of the City,while fostering the economic wellbeing of the City's citizens and businesses,the City wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so pursuant to County and State public health orders; and WHEREAS,for the City’s business community to survive the challenge presented by the COVID-19 pandemic and the resulting business closures,the City finds that temporary emergency modifications to existing policies and regulations are needed to help implement the Program; and WHEREAS,under the current emergency circumstances,the City finds that it is in the best interests of the public health,safety and welfare to permit the temporary use of public right-of-way space by restaurants and businesses,with appropriate conditions to preserve the public safety and necessary public access to those resources,and finds that City staff should be given broad discretion to modify existing City policies,procedures and regulations in order to effectively assist the City’s local businesses in their reopening efforts; and WHEREAS,on July 8,2020,the City Council passed Resolution No.90-2020 amending the proclamation of a local health emergency to approve the Outdoor Dining Pilot Program,to allow interested restaurants and businesses to,with review and approval by the City,utilize public right-of-way space,including adjacent parking spaces, for an expanded dining area; and WHEREAS,on September 8,2020,the City Manager signed a proclamation amending the outdoor dining pilot program in the City of South San Francisco to enhance business recovering during COVID-19; and WHEREAS,the City Manager’s proclamation extended the time limit for businesses to participate in the Outdoor Dining Pilot Program,as provided in Resolution 90-2020,by 90 days beyond the initial time limit approved by City Council to allow restaurants and businesses to continue operating in approved outdoor dining and activity areas; and WHEREAS,the City Manager’s proclamation expanded the Outdoor Dining Pilot program to include Personal Services,as defined in SSFMC Title 20,Chapter 20.620,which includes barber and beauty shops,seamstresses, tailors,dry cleaning agents (excluding large-scale bulk cleaning plants),shoe repair shops,self-service laundries,video rental stores,photocopying and photo finishing services,and travel agencies mainly intended for the consumer,but only to the extent these services are permitted to operate under County and State public City of South San Francisco Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:21-168 Agenda Date:3/10/2021 Version:1 Item #:13a. health orders; and WHEREAS,the authority vested in the City Manager in Resolution No.90-2020,to implement the Outdoor Dining Pilot Program,was also extended to implement the inclusion of Personal Services in the Outdoor Dining Pilot Program; and WHEREAS,the City Council ratified the City Manager’s proclamation on October 14,2020,via Resolution No. 130-2020; and WHEREAS,in the interest of public health and safety,as affected by the emergency caused by the spread of COVID-19,the City Council desires to continue extending the Outdoor Dining Pilot Program and provide other related authorizations to protect life, property and civil order. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco,based on the foregoing recitals that shall constitute findings in this resolution,do hereby declare that the further amendments to the proclamation of a local emergency,adopted by Resolution 35-2020 relating to the Outdoor Dining Pilot Program, are necessary to protect life, property and civil order, and order the following: 1.The above recitals are true and correct and incorporated herein by this reference. 2.The time limit for businesses to participate in the Outdoor Dining Pilot Program,as provided in Resolution No.90-2020 and its exhibits,and as extended by Resolution No.130-2020,is hereby extended to continue until 60 days after the date Shelter In Place restrictions are lifted through San Mateo County Health Orders,or 60 days after the date indoor dining fully resumes upon the State of California Department of Public Health determines that the County can operate at less restrictive tiers (yellow or minimal risk of exposure, or better), whichever occurs earlier. 3.All authority vested in the City Manager by City Council in Resolution No.90-2020,to implement the Outdoor Dining Pilot Program,shall also apply to implement extension of the time limits for businesses participating in the Outdoor Dining Pilot Program,including but not limited to renewal of any expiring or expired permits for the Program. 4.The amended Outdoor Dining Pilot Program application and operational requirements in Exhibit A are hereby approved. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its adoption. ***** City of South San Francisco Printed on 4/21/2021Page 3 of 3 powered by Legistar™ 1.Use of the on-street parking spaces shall be limited to the striped dimensions of the parking stall areas and shall not encroach into the through travel lane. 2.Restaurants using these areas will need to provide their own furniture for use of by the patrons and will be responsible for securing their furniture when not in use. 3.Outdoor Dining areas at corners cannot extend beyond the space occupied by a standard parked car. 4.Do not eliminate or obstruct existing, on-street disabled parking. 5.Allow adequate spacing next to remaining parking stalls for opening of vehicle doors. 6.Restaurants may expand their space to include areas fronting adjacent storefronts if they get a signed letter granting permission from the owner of the adjacent storefront. 7.This Permit does not allow for placing tables and chairs on the sidewalks. Consult with the Planning Department regarding the use on sidewalks. Temporary Outdoor Dining Program 3. Layout of Outdoor Dining Areas 1. Arrangements for outdoor dining must be worked out with the property owner for each location. The City would not be a party to discussions or arrangements concerning the leasing or use of outdoor space on private property. 2. The following specific conditions apply to these areas: a.Restaurants must have the permission of the property owner in order to use the parking space areas. b.The parking lots must still comply with all ADA standards, including ADA paths of travel and adequate provision of handicapped parking spaces pursuant to California Building Code Section 11B. c.Restaurants that are providing alcohol service must meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages. d.Maintain access to emergency utilities such as fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. e.Consideration should be given to maintaining adequate parking supply on-site to prevent spillover parking in adjacent residential areas. f.Driveway entrances and exits shall always remain unobstructed. g.Temporary outdoor lighting in compliance with California Green Building Code Light Pollution standards is allowed. Lighting shall be turned off whenever the restaurant is closed and/or the outdoor dining area is not in use. h.All items installed to support outdoor dining shall be temporary in nature and removed at such the time the City so orders. Upon removal of these items, the site shall be restored to its previous condition within 48 hours. i.Restaurant patrons shall have access to the restroom(s) affiliated with the subject restaurant. Outdoor Dining On Private Property Outdoor Dining On-Street Parking Spaces RESTAURANTS MUST ADHERE TO SOCIAL DISTANCING PROTOCOLS PER SAN MATEO COUNTY ORDER NO. C19-5F. 1.When applying for a Permit, provide proof of liability insurance and indemnification of the City as well as a diagram showing placement of tables and chairs. 2.Restaurants that want to place tables and chairs in front of adjacent storefronts will need the permission of the property and business owner. 3.If a restaurant wishes to serve alcoholic beverages as part of outdoor dining, a permit is required from the California Department of Alcoholic Beverage Control (https:// www.abc.ca.gov/). 4.Restaurants are responsible for providing, setting up and taking down tables and chairs on sidewalks or parking spaces. 5.Only tables and chairs are allowed in the designated areas for dining. 6.Restaurants must keep dining areas clean and adhere to Social Distancing Protocols per San Mateo County Order No. c19-5F. 1. Applications & Submittals 1. Applicants must file a Temporary Outdoor Dining Permit for review by the City. a. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the public property (sidewalk or parking area) requested by the restaurant for outdoor dining. b. Available right-of-way or parking spaces to be used for outdoor dining shall be identified based on the availability of the space fronting the business and may not include areas fronting adjacent businesses without consent c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020) may be waived to reduce cost-associated barriers for business/restaurant participation. 2. Participation in the Temporary Outdoor Dining Program is limited to 45 days, with the option to review and extend for another 45 days, but no more than 90 days total. 3. Applicants must comply with San Mateo County Outdoor Dining Safety Requirements, including on-site posting of health information for employees and patrons. 4. Supplemental Information required by the San Mateo County Health Department must be submitted to the City. 5. Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor dining area, as long as specific requirements are met: a. An applicant/operator with a current Alcohol and Beverage (ABC) license and approval may only serve alcohol within an approved area as reviewed by ABC. b. In the event that ABC requires layout modifications to the approved, the applicant shall submit revised layout to the City for review and approval. c. The applicant/operator is responsible for obtaining and conforming to ABC requirements and file any other necessary applications to continue serving alcohol. d. A copy of the current ABC license shall be submitted to the City. In order to retain the Temporary Outdoor Dining Permit and serve in the sidewalk café area, the operator shall maintain the license. 6. Restaurants operate at their own risk and shall defend and indemnify the City for all activity that occurs in the outdoor dining area. a.Applicants must identify the City of South San Francisco as an additional insured party and provide a copy of the insurance certificate. b.As required by the City’s Temporary Outdoor Dining Permit, applicants shall procure and maintain during the term of the Permit the following policies of insurance: i)Workers Compensation and Employers’ Liability Insurance in the statutory coverage. ii)Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) NO PERMIT SHALL BE ISSUED UNLESS PROOF OF ADEQUATE INSURANCE, AS DETERMINED BY THE CITY, IS PROVIDED BY THE RESTAURANT. 2. Operations & Maintenance 1.Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding restaurant or business for which the outdoor use is granted. 2.Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or any other public street furniture. 3.All approved furniture used for outdoor dining shall be properly maintained and cleaned regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. 4.The applicant/operator shall comply with all applicable Fire and Building codes at all times. 5. Maintain ADA required access and clearances at all times: a.Other cities provided specialized benches and/or tables where one side can be used by people in wheelchairs or mobility devices and ADA required table heights are maintained. b.The applicant/operator shall ensure safety and stability of all equipment used for outdoor dining. c.Temporary fixtures such as tables, seating, umbrellas, heating lamps, planters, platforms or flooring to achieve ADA compliance, and any approved physical barriers to mark the seating area are the only items permitted in the public right-of-way. 6. The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. a.The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. For information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net For Information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net TABLES, HEATERS, UMBRELLAS, AND PERSONAL BELONGINGS CANNOT ENCROACH INTO THE TRAFFIC OR PEDESTRIAN LANES (SIDEWALKS) CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 1 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: RESTAURANT / STORE NAME: NAME OF OWNER ADDRESS CITY, STATE, ZIP TELEPHONE ___________________________________ E-MAIL NAME OF BUSINESS OPERATOR SSF BUSINESS LICENSE # TELEPHONE ___________________________________ E-MAIL APPLICATION SUBMISSION CHECKLIST (Confirmed by Planning) 1. Applicant has reviewed and accepted the Permit Conditions on the following pages. ☐ YES ☐ NO 2. Applicant has a current business license in the City of South San Francisco ☐ YES ☐ NO 3. Review and comply with the San Mateo County Outdoor Dining Safety Requirements ☐ YES ☐ NO 4. Provide Site Plan showing the Outdoor Dining Area layout and clear 5 -ft sidewalk path ☐ YES ☐ NO 5. Provide furniture descriptions and photographs of examples (anything in the Public righ t-of-way). ☐ YES ☐ NO 6. Provide maintenance plan for: trash cleanup of area, additional trash receptacles, and/or furniture. ☐ YES ☐ NO 7. Provide Certificate of Insurance that meets the requirements of Condition 15 on the following pages. ☐ YES ☐ NO 8. If alcohol will be served in the Outdoor Dining Area, a. Submit a current copy of Business’s ABC License ☐ YES ☐ NO ☐ N/A b. Copy of revised layout modification submitted to ABC ☐ YES ☐ NO ☐ N/A 9. If Outdoor Dining Area is proposed to extend beyond the current storefront, a. Submit an approval letter from the neighboring property owner of that frontage. ☐ YES ☐ NO ☐ N/A b. Submit an approval letter from the neighboring business operator of that frontage. ☐ YES ☐ NO ☐ N/A PLEASE SEE ATTACHED PAGES FOR PERMIT CONDITIONS I hereby acknowledge that I have read the permit and the attached conditions, that the information given by me is correct, th at I am the owner or the duly authorized agent of the owner to act and consent on their behalf, and that I agree to comply with the attached condi tions and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency invol ved. SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE D ATE DO NOT WRITE BELOW THIS LINE – FOR USE BY CITY STAFF 1 APPROVED by Planning Division: DATE: 2 APPROVED by Engineering Division: DATE: PERMIT NO: Rev 3/1/2021 FOR INSPECTIONS Public Works (650) 829-6656 24 HR in Advance CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 2 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 1 Purpose: Permittee certifies that it has the legal authority to occupy and use the public right-of-way for the purpose stated in the application. This nonexclusive and temporary Permit is limited to the purpose stated in the application. Any installation, maintenance, or operation of facilities in the public right-of-way requires the Permittee/Owner to execute an Encroachment and Maintenance Agreement or a similar form of agreement with the City. Neither this Permit nor any work done by Permittee shall create a vested right of Permittee to occupy or utilize the public right-of-way. If any prior encroachment permit conflicts with the proposed work, Permittee shall arrange for any necessary removal or relocation with the prior permittee if willing at no expense to the City. 2 COVID-19 Safety Compliance: Permittee shall comply with the June 17, 2020 Order of the Health Officer of the County of San Mateo directing all individuals in the County to limit gatherings to not exceed 50 people, allow social bubbles, ad here to social distancing requirements, face covering requirements, and requiring business to implement a social distancing protocol and written health and safety plan (“Shelter-in-Place Order) and any subsequent Health Order issued by the Health Officer of the County (“Subsequent Order”). Permittee shall comply with the following: a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-guidance, and any subsequent updates; b. San Mateo County COVID-19 Requirements and Industry-Specific Guidance available at https://www.smchealth.org/post/covid-19- requirements-resources; and/or c. Any applicable subsequent updates or guidelines issued by the Health Officer of San Mateo County. 3 Boundary Limits: This Permit is limited to the “Outdoor Dining Area” defined as public right-of-way described in the application site plan that will be occupied. 4 Term: The term of this Permit is limited to 45 days. Additional 45 day extensions may be granted upon request by Permittee and approval from the Planning, Building, and Engineering divisions. The Permit total duration is limited to a maximum of 90 days. Upon revocation or expiration of this Permit, Permittee shall suspend all activity within the Outdoor Dining Area and shall be responsible for t he repair of any damage to City property caused by Permittee, as directed by City. 5 Fees: As approved by the City Council, the permit fees for this permit are waived. All other expenses unrelated to permit review, inspection, and modifications to barriers shall be at the sole expense of Permittee. 6 Business License: Permittee and/or contractor shall maintain a current business license in the City of South San Francisco as applicable. 7 Operation: Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding business. 8 Sidewalk Clearance: A minimum clear width of five (5) feet of sidewalk shall be maintained at all times for safe passage across the property frontage. 9 ADA Access: Permittee shall be responsible for complying and maintaining ADA accessibility to and from the Outdoor Dining Area. 10 Furniture: Permittee shall be responsible for providing, maintaining, and removing any outdoor furniture used by the Outdoor Dining Area. All dining furniture shall be removed from the public right -of-way outside of business hours. 11 Trash: Permittee shall be responsible for providing and emptying additional trash receptacles and cleaning any trash generated by the CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 3 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS Outdoor Dining Area for the duration of the Permit. 12 Inspection: All work is subject to the City’s monitoring, inspection, and approval. Permittee shall call the Building Inspector to schedule inspection of ADA accessibility (if applicable). Upon removal of the Outdoor Dining Area, Permittee shall call the Public Works Inspector to schedule inspection to confirm the area is clear and no damage to public property has occurred. Inspection scheduling requires a minimum of 24-hours’ notice before required inspection time. 13 Restoration and Completion of Work: Upon expiration or revocation of this Permit, Permittee shall be responsible for removing all furniture, trash receptacles, a nd other facilities related to the Outdoor Dining Area with the exception of the City provided water barriers. Any damage to the public right-of-way within the Outdoor Dining Area caused by the use of the Outdoor Dining Area shall be restored by the Permittee. a. Upon completion of the work, Permittee shall request that the City conduct a final inspection by scheduling with the Public Works Inspector at least 24-hrs prior to requested inspection time. b. If the work is not completed within the time required or not acceptable to City staff, then the Public Works Director or their designee shall notify Permittee in writing. Within forty-eight (48) hours of such notice, Permittee shall restore the public right-of-way in conformance with the City Standards Details and Specification and this Permit’s conditions and remedy all deficiencies including subsurface material or pavement depressions, breaking, or other failures. If the Permittee fails to do the restoration after such notice, then the City may undertake such work at the expense of the Permittee. The City’s determina tion of the cost of the work perform shall be final. c. If Permittee fails to compensate the City for the restoration work undertaken pursuant to 12(c) above within five (5) busines s days of notification, then the City shall have the right to take whatever actions are necessary to recover its damages, costs, and expenses including but not limited to withholding the amount due with payment made from the performance deposit or any remaining administrative or inspection fee amount or commencing an action against the bond. d. Any repair or restoration work undertaken by the City pursuant to 12(c) above shall not relieve Permittee in any manner from liability at the site of the repair or restoration including but not limited to future failures. e. The City may undertake any restoration or repair work that has been left incomplete or performed inadequately by Permittee at Permittee’s cost without notification to Permittee if the City has determined that there has been a violation of any conditio n of the permit; that an excavation constitutes a hazardous situation, public nuisance, public emergency or threat to public health, safety, or welfare, or it is in the City’s best interest. 14 Release and Indemnification: Permittee hereby releases the City from any liability, claims, damages or any obligations relating to any bodily injury, sickness, disease, or death of any person or damages to any property or any person arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit. P ermittee agrees to indemnify, defend, and hold harmless City and its officers, agents, volunteers, and employees from any and all actions, claims, and liability for any loss or damage, including but not limited t o, bodily injuring, sickness, disease, or death of any person or damage to any property, tangible or intangible, arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit or the entry upon the Property. This release and indemnification shall survive termination of this Permit. CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 4 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 15 Insurance: Permittee shall procure and maintain during the term of this Permit the following policies of insurance: a. Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. Permittee certifies that it is aware of t he provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Wor ker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and it will comply with such provisions before commencing the performance of the work pursuant to this Permit. b. Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MIL LION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. c. The insurance required by this Permit shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and s hall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, a gents, employees and volunteers, with respect to operations performed by the Permittee as described herein. Evidence of the insuran ce described above shall be provided to City upon issuance of this Permit. The policy of insurance shall also contain a prov ision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City. d. At the City’s sole discretion, the City’s Risk Manager may modify or waive these requirements on a case -by-case basis. 16 Assignment: Permittee shall not assign or otherwise transfer any rights under this Permit, and any purported assignment or transfer shall automatically revoke this Permit. 17 No Dedication; Possessory Interest Tax: Nothing contained in this Permit shall be deemed a gift or dedication of any portion of the Property to or for the general public or for any public purpose whatsoever. This permit shall not be construed to grant any r eal property interest or other rights to Permittee in the Property. However, if it is deemed that this Permit creates an interest subject to the possessory interest tax, then Permittee is responsible for paying such tax. 18 No Waiver: No waiver of any default or breach of any condition or term of this Permit shall be implied from any omission to take action on account of such default or breach. 19 No Precedent Established: This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent, including as precedent for the expediency, utility, or authority of any kind of encroachment. This Permit and any assoc iated Improvement Agreement or Encroachment and Maintenance Agreement constitute the entire agreement between the City and Permittee pertaining to entry and work upon the Property. 20 Underutilized or Unused Outdoor Activity Areas: For areas of the public right-of-way that have been approved for outdoor dining (or other approved uses), but are not being used for those daily activities, the following actions shall be completed by the City: a. Permit holder shall be notified of the improper usage of the public right-of-way, including failure to set furniture for dining (if approved for outdoor dining), and an observation period of 30 days shall commence. b. If after 30 days, the outdoor area remains underutilized, the City shall remove all barriers and fencing installed at the site. c. A Code Enforcement Case shall be opened to remove any built platforms and the space shall be reverted back to active parking spaces, and any physical changes to the sidewalk or buildings shall be restored to original condition at the cost of the Permittee. Temporary Outdoor Dining Area Application Checklist Required Submittals: ☐ Temporary Outdoor Dining Permit Application (completed and signed) ☐ Copy of Current South San Francisco Business License ☐ Insurance Certificate (See Permit Application Standard Condition #15 and Attached Sample) ☐ Site Plan (must show 5’0” clearance path on sidewalk at all times) ☐ Platform Details (must show 18” min drainage path located parallel to existing curb) ☐ Proposed Outdoor Dining Layout (drawing of dining area with furniture or other elements) ☐ List or Photographs of Furniture (every object to be placed in the right-of-way) ☐ Maintenance Plan (must include locations of additional trash receptacles and schedule of proper disposal of all trash generated by the operation) If alcohol will be served in the Outdoor Dining Area, the applicant/operator must: ☐ Submit current copy of ABC License ☐ Copy of revised layout modification submitted to ABC If Outdoor Dining Area is proposed to extend beyond the Applicant’s storefront, applicant/operator must: ☐ Submit a letter indicating permission to use the right-of way from the property owner of the neighboring building. ☐ Submit a letter indicating permission from the neighboring business operator. List of Furniture or Equipment for Outdoor Dining The following shall be used for the proposed Outdoor Dining at ________________________ ☐ Tables ☐ Chairs ☐ Heaters/Heating Equipment ☐ Additional trash receptacles ☐ Planters ☐ Temporary Flooring ☐ Other Items (List below) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Outdoor Dining Maintenance Plan The following provides specific maintenance and cleaning protocols that the applicant or operator of the temporary outdoor dining at ______________________ is required to implement, in compliance with the City of South San Francisco’s Guidance for Temporary Outdoor Dining during COVID-19, current San Mateo County Health Department Orders, and other COVID-19 guidance for outdoor dining. • The applicant/operator shall regularly clean and maintain all approved furniture used for outdoor dining regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. • The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. • The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. Cleaning and Disinfecting Protocols • Perform thorough cleaning in high traffic areas. • Frequently disinfect commonly used surfaces and surfaces touched by patrons. • Clean touchable surfaces between shifts or between users, whichever is more frequent. • Equip spaces such as dining and tasting rooms, bar areas, host stands, and kitchens with proper sanitation products, including hand sanitizer and sanitizing wipes and ensure availability. • Ensure that sanitary facilities stay operational and stocked at all times. • Provide time for workers to implement cleaning practices during shifts and consider third-party cleaning companies. • Remove dirty linens from dining tables from dining areas in sealed bags. • Thoroughly clean each customer dining location after each use. • Provide hand sanitizer at guest and employee entrances and contact areas. I hereby acknowledge that I have read the above guidance and that I agree to comply with the Maintenance Plan and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved . SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-170 Agenda Date:3/10/2021 Version:1 Item #:14. Report regarding an ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence. (Scott Campbell, Police Captain) RECOMMENDATION It is recommended that the City Council introduce an ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence. BACKGROUND/DISCUSSION Having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death.According to a 2008 report published in the New England Journal of Medicine,living in a home where guns are kept increased an individual’s risk of death by homicide by between 40%and 170%.Additionally,a 2004 national study determined that the presence of guns in the home increased an individual’s risk of death by homicide by 90%. Firearm injuries have a significant public health impact.According to a 2015 study,researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year,including $8.6 billion in direct expenses such as those for emergency and medical care.In California,the direct costs of hospital use for firearm assault injuries alone was estimated at $87.4 million in 2010.Sixty-five percent of these costs were borne by taxpayers. Children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit.According to national data,children and young adults (24 years of age and under)constitute 38%of all firearm deaths and non-fatal injuries.More than 75%of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 years of age)were stored in the residence of the victim,a relative,or a friend.Eighty-nine percent of accidental shooting deaths among children occur in the home,and most of these deaths occur when children are playing with an unsecured loaded gun in their parents’ absence. More local community action is needed to prevent gun violence.In San Mateo County,there have been 301 gun -related deaths over the past 10 years.According to data collected in 2018 by the Citizens for San Mateo County Gun Buy Back from participants at two separate gun buy back events,a majority of respondents reported “hiding [the gun]in a discrete location”and/or “keeping it unloaded”as a safety measure,even though these methods are not generally considered safe storage.A large number of respondents (27%in May 2018 and 60%in December 2018)reported that they surrendered the firearms for “safety reasons,”and nearly half of respondents indicated that they did not know how to properly store an inherited firearm. Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death.Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission.This simple measure significantly decreases the risk that the gun will be used to commit suicide,homicide,or inflict injury,whether intentionally or unintentionally. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns City of South San Francisco Printed on 3/5/2021Page 1 of 2 powered by Legistar™ File #:21-170 Agenda Date:3/10/2021 Version:1 Item #:14. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored. The proposed ordinance would adopt Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence. More specifically, it would require that: a)Except when carried on the person,no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a Trigger Lock. b)To encourage reporting of lost or stolen firearms,a person who complies with California Penal Code section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a). A violation of the ordinance would be subject to enforcement through criminal prosecution and/or civil penalties.The amount of a civil penalty imposed for any violation will be $100.00 for a first violation,$200.00 for a second violation within twelve (12)months,and $500.00 for third and additional violations within twelve (12) months. This fine structure is consistent with other fine structures throughout San Mateo County. At least fourteen other California jurisdictions have adopted similar safe storage ordinances,including Sunnyvale,Santa Cruz,Saratoga,San Jose,Oakland,and San Francisco.The San Mateo County Board of Supervisors has requested that all 20 cities in San Mateo County adopt a similar ordinance to allow for a uniform gun storage policy throughout the County. The proposed safe storage ordinance is consistent with,and builds upon,existing state law which requires that safety devices such as safes or trigger locks accompany any firearms that are purchased or transferred by a licensed dealer.This ordinance goes further than state law by requiring gun owners to actually use those safety devices when storing a firearm at home.The ordinance fills an important gap in existing law and aims to reduce accidental gun shootings, gun-related homicides and suicides, and the theft of unsecured firearms. FISCAL IMPACT The adoption of this ordinance will have no impact on the City's budget. CONCLUSION It is recommended that the City Council introduce an ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence and waive reading. City of South San Francisco Printed on 3/5/2021Page 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 #:21-171 Agenda Date:3/10/2021 Version:1 Item #:14a. Ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence WHEREAS,having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death; and WHEREAS,according to a 2008 report published in the New England Journal of Medicine,living in a home where guns are kept increased an individual’s risk of death by homicide by between 40% and 170%; and WHEREAS,a 2004 national study determined that the presence of guns in the home increased an individual’s risk of death by homicide by 90%; and WHEREAS, firearm injuries have a significant public health impact; and WHEREAS,according to a 2015 study,researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year,including $8.6 billion in direct expenses such as those for emergency and medical care; and WHEREAS,in California,the direct costs of hospital use for firearm assault injuries alone was estimated at $87.4 million in 2010, and 65% of these costs were borne by taxpayers; and WHEREAS,children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit,and according to national data,children and young adults (24 years of age and under) constitute 38% of all firearm deaths and non-fatal injuries; and WHEREAS,more than 75%of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 year of age) were stored in the residence of the victim, a relative, or a friend; and WHEREAS,89%of accidental shooting deaths among children occur in the home,and most of these deaths occur when children are playing with an unsecured loaded gun in their parents’ absence; and WHEREAS,applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death; and WHEREAS,keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission,and this simple measure significantly decreases the risk that the gun will be used to commit suicide,homicide,or inflict injury,whether intentionally or City of South San Francisco Printed on 3/11/2021Page 1 of 4 powered by Legistar™ File #:21-171 Agenda Date:3/10/2021 Version:1 Item #:14a. unintentionally; and WHEREAS,safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored; and WHEREAS, more local community action is needed to prevent gun violence; and WHEREAS, in San Mateo County, there have been 301 gun-related deaths over the past 10 years; and WHEREAS,according to data collected in 2018 by the Citizens for a San Mateo County Gun Buy Back from participants at two separate gun buy back events,a majority of respondents reported “hiding [the gun]in a discrete location”and/or “keeping it unloaded”as a safety measure,even though these methods are not generally considered safe storage.A large number of respondents (27%in May 2018 and 60%in December 2018)reported that they surrendered the firearms for “safety reasons,”and nearly half of respondents indicated that they did not know how to properly store an inherited firearm; and WHEREAS,safe storage ordinances are in effect in at least 14 California municipalities,including Belvedere, Berkeley,Los Angeles,Moraga,Morgan Hill,Oakland,Orinda,Palm Springs,San Francisco,San Jose,Santa Cruz, Sunnyvale, Saratoga, and Tiburon; and WHEREAS,the County of San Mateo Board of Supervisors recently adopted an ordinance adding chapter 3.54 of the San Mateo County Ordinance Code to require the safe storage of firearms; and WHEREAS,the City Council wishes to adopt South San Francisco Municipal Code Chapter 10.58 to provide specific requirements for safe storage of firearms in a residence. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Adoption of Title 10, Chapter 58 The City Council hereby adopts Chapter 10.58 (“Firearm Safe Storage”)of Title 10 of the South San Francisco Municipal Code to read as follows: Chapter 10.58 FIREARM SAFE STORAGE 10.58.010 Findings and Purpose. 10.58.020 Definitions. 10.58.030 Safe storage of firearms in a residence required. 10.58.040 Penalty. 10.58.050 Amount of Civil Penalties. City of South San Francisco Printed on 3/11/2021Page 2 of 4 powered by Legistar™ File #:21-171 Agenda Date:3/10/2021 Version:1 Item #:14a. 10.58.010 Findings and Purpose. The city council finds and determines that: 1.Firearm injuries have a significant public health impact; and 2.Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission,and this simple measure significantly decreases the risk that the firearm will be used to commit suicide,homicide,or inflict injury,whether intentionally or unintentionally. The purpose of this chapter is to require the safe storage of firearms in a residence. 10.58.020 Definitions. a)“Firearm” means a firearm as defined in California Penal Code, Section 16520. b)“Locked Container”means a Locked Container,as defined in California Penal Code,Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.For purposes of this chapter,a Locked Container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag. c)“Residence”means any structure intended or used for human habitation,including but not limited to houses,condominiums,rooms,accessory dwelling units,motels,hotels,single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs. d)“Trigger lock”means a trigger lock that is listed on the California Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code section 23635. 10.58.030 Safe Storage of firearms in a residence required. a)Except when carried on the person,no person shall keep a Firearm in any Residence unless the Firearm is stored in a Locked Container or is disabled with a Trigger Lock. b)To encourage reporting of lost or stolen Firearms,a person who complies with California Penal Code section 25250 by reporting the loss or theft of a Firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the Firearm had been lost or stolen shall not be prosecuted for violation of subsection (a). 10.58.040 Penalty. A violation of this section shall be subject to enforcement through criminal prosecution and/or civil penalties, as provided herein. a)Violation a Misdemeanor.A person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding one City of South San Francisco Printed on 3/11/2021Page 3 of 4 powered by Legistar™ File #:21-171 Agenda Date:3/10/2021 Version:1 Item #:14a. punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding one thousand dollars ($1,000.00), or by both. b)Civil Penalties. The city may pursue any civil remedies available under the law. c)Separate Offense.Each violation shall be deemed a distinct and separate offense.Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of a violation. 10.58.050 Amount of Civil Penalties The amount of a penalty imposed for any violation of this Chapter shall be $100.00 for a first violation, $200.00 for a second violation within twelve (12)months,and $500.00 for third and additional violations within twelve (12) months. SECTION 3.Severability. If any section,subsection,sentence,clause,or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause,or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,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 3/11/2021Page 4 of 4 powered by Legistar™