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HomeMy WebLinkAbout2021-09-08 e-packet@6:00Wednesday, September 8, 2021 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING September 8, 2021City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING NOTICE The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff may participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20, N-63-20 and N-08-21 allowing for deviation of Teleconference Rules required by the Brown Act & pursuant to the order of San Mateo County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of South San Francisco will hold the meeting through a hybrid of in -person attendance with the City Council, designated staff, and limited members of the public at the City Council Chambers and through the virtual platform, Zoom . In-person attendance by members of the public will be subject to maximum capacity and current health and safety protocols. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at [email protected]. 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 [email protected], 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Page 2 City of South San Francisco Printed on 9/29/2021 September 8, 2021City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/89630721210 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,89630721210# or +12532158782,,89630721210# 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: 896 3072 1210 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council Meeting: Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 896 3072 1210. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,89630721210# or +12532158782,,89630721210# 2) Online at: https://ssf-net.zoom.us/j/89630721210 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. IN-PERSON: Please complete a Digital Speaker Card located at the entrance to the Council Chamber ’s. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. Page 3 City of South San Francisco Printed on 9/29/2021 September 8, 2021City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m. MARK ADDIEGO, Mayor (At-Large) MARK NAGALES, Vice Mayor (District 2) BUENAFLOR NICOLAS, Councilmember (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 4 City of South San Francisco Printed on 9/29/2021 September 8, 2021City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation recognizing September as Childhood Cancer Awareness Month. (Mark Addiego, Mayor) 1. Certificate Recognizing Mater Dolorosa Catholic Parish’s 60th Anniversary, September 15, 1961-2021. (Mark Addiego, Mayor) 2. Proclamation Recognizing September as National Prostate Cancer Awareness Month. (Mark Addiego, Mayor) 3. Proclamation Recognizing National Hispanic Heritage Month September 15, 2021 - October 15, 2021. (Eddie Flores, Councilmember) 4. Presentation by Renaissance Entrepreneurship Center and JobTrain on Small Business and Workforce Development Services. (Ernesto Lucero, Economic Development Coordinator) 5. PUBLIC COMMENTS Comments received by the deadline will be included as part of the meeting record but will not be read aloud during the meeting. The Public Comment portion of the meeting is reserved for persons wishing to address the Council on any matter NOT on the agenda. Comments on agenda items will be taken when that item is called. If joining the conference by phone you may raise your hand by dialing *9 and *6 to unmute. State law prevents Council from responding to public comments or taking action on matters not on the agenda . The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. COUNCIL COMMENTS/REQUESTS Page 5 City of South San Francisco Printed on 9/29/2021 September 8, 2021City Council Regular Meeting Agenda CONSENT CALENDAR Motion to approve the Minutes for the meetings of July 14, 2021and July 26, 2021.6. 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) 7. 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. 7a. Report regarding a resolution authorizing the acceptance of donations, grants, and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Resolution authorizing the acceptance of donations, grants, and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018. 8a. Report regarding adoption of an Ordinance to make California Environmental Quality Act (CEQA) determinations and to adopt a Zoning Text Amendment to prohibit Research & Development uses in the El Camino Real Corridor; modify the definitions of Freight Truck/Warehouse uses to introduce a Parcel Hub definition and where these uses are conditionally permitted or prohibited; and update the Accessory Dwelling Unit performance standards to comply with new State Law changes. (Tony Rozzi, Chief Planner) 9. Ordinance to make California Environmental Quality Act (CEQA) determinations and to adopt a Zoning Text Amendment to prohibit Research & Development uses in the El Camino Real Corridor; modify the definitions of Freight Truck/Warehouse uses to introduce a Parcel Hub definition and where these uses are conditionally permitted or prohibited; and update the Accessory Dwelling Unit performance standards to comply with new State Law changes. 9a. Page 6 City of South San Francisco Printed on 9/29/2021 September 8, 2021City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a resolution awarding a construction contract to Golden Bay Construction, Inc. of Hayward, California for the 2021 Concrete and Green Infrastructure Project (No. st2203, Bid No. 2653) in an amount not to exceed $986,622, authorizing a total construction contract authority budget of $1,231,622, and authorizing the City Manager to execute the agreement on behalf of the City. (Angel Torres, Senior Civil Engineer) 10. Resolution awarding a construction contract to Golden Bay Construction, Inc. of Hayward, California for the 2021 Concrete and Green Infrastructure Project (No. st2203, Bid No. 2653) in an amount not to exceed $986,622, authorizing a total construction contract authority budget of $1,231,622, and authorizing the City Manager to execute the agreement on behalf of the City. 10a. Report regarding a resolution amending the Parks and Recreation Department’s position budget for Fiscal Year 2021-22. (Greg Mediati, Deputy Director of Parks and Recreation) 11. Resolution amending the Parks and Recreation Department’s position budget for Fiscal Year 2021-22. 11a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS CLOSED SESSION Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code Section 54956.9) Initiation of Litigation: One potential case (Sky Woodruff, City Attorney and Christina Fernandez, Assistant to the City Manager) 12. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case (Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human Resources Director) 13. ADJOURNMENT Page 7 City of South San Francisco Printed on 9/29/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-698 Agenda Date:9/8/2021 Version:1 Item #:1. Proclamation recognizing September as Childhood Cancer Awareness Month.(Mark Addiego, Mayor) City of South San Francisco Printed on 9/3/2021Page 1 of 1 powered by Legistar™ Dated: September 8, 2021 IN RECOGNITION OF SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH September 8, 2021 WHEREAS, childhood cancer occurs regularly, randomly, and spares no ethnic group, socioeconomic class, or geographic region; and WHEREAS, each year, more than 15,000 kids and young adults are diagnosed with cancer, which amounts to about 43 cases per day; and WHEREAS, the causes of most childhood cancers are unknown and are not strongly linked to lifestyle or environmental risk factors, unlike many adult cancers; and WHEREAS, though the five-year survival rate for childhood cancers has reached 80 percent, nearly 2,000 kids under age 19 die each year, making cancer the leading killer of children by disease; and WHEREAS, children’s cancer can’t be treated exactly like adult cancers. Current treatments are toxic, affect a child’s development, and can be decades old; and WHEREAS, to treat childhood cancer in the best way possible, we need to create specialized treatments just for kids. We need to understand how treatments affect kids long-term so we can prevent late effects; and WHEREAS, childhood cancer has touched many in our South San Francisco community. Among them, Jesus Pena and Patricia Watson, who lost their 33-month-old daughter Juliana, to Neuroblastoma; and WHEREAS, as the color gold is significant and symbolic because it represents childhood cancer, the tree on Sign Hill shines bright, as well as South San Francisco City Hall lit gold during the month of September in honor of Juliana, and all the other families that have been affected by childhood cancer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize September as Childhood Cancer Awareness Month, which is a time to recognize the children and families affected by childhood cancers and to emphasize the importance of supporting research on these devastating conditions. ________________________________ 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 #:21-680 Agenda Date:9/8/2021 Version:1 Item #:2. Certificate Recognizing Mater Dolorosa Catholic Parish’s 60 th Anniversary, September 15, 1961-2021.(Mark Addiego, Mayor) City of South San Francisco Printed on 9/3/2021Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Recognition MATER DOLOROSA CHURCH On behalf of the City Council of the City of South San Francisco, we do hereby congratulate and celebrate Mater Dolorosa Catholic Church on its 60th Anniversary, and proclaim that September 15, 2021 is Mater Dolorosa Day in South San Francisco You are an inspiration to our community! Presented on this 8th day of September, 2021 by the City Council of South San Francisco. 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 #:21-656 Agenda Date:9/8/2021 Version:1 Item #:3. Proclamation Recognizing September as National Prostate Cancer Awareness Month.(Mark Addiego, Mayor) City of South San Francisco Printed on 9/3/2021Page 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 #:21-657 Agenda Date:9/8/2021 Version:1 Item #:4. Proclamation Recognizing National Hispanic Heritage Month September 15, 2021 - October 15, 2021.(Eddie Flores, Councilmember) City of South San Francisco Printed on 9/3/2021Page 1 of 1 powered by Legistar™ Dated: September 8, 2021 IN RECOGNITION OF SEPTEMBER AS NATIONAL HISPANIC HERITAGE MONTH September 8, 2021 WHEREAS, during National Hispanic Heritage Month, we celebrate the countless contributions of more than 60 million Hispanic/Latinx to our culture and society; and WHEREAS, the observations began in 1968 as Hispanics Heritage Week under President Lyndon B. Johnson, and was enacted into federal law on August 17, 1988, calling upon all the people of the United States to observe this time with ceremonies, activities, and programs; and WHEREAS, Hispanic/Latinx are the largest minority group in the United States today, and generations of Hispanic/Latinx have consistently helped make our country strong and prosperous; and WHEREAS, Hispanic/Latinx have enhanced and shaped our national character with centuries-old traditions that reflect the multi-ethnic and multicultural customs of their communities, while adding their own distinct and dynamic perspectives to the story of our country; and WHEREAS, Hispanic/Latinx are the writers, singers, and musicians that enrich our arts and humanities; the innovative entrepreneurs steering our economy. They are the scientists and engineers revolutionizing our ways of life and making sweeping new discoveries; the advocates leading the way for social and political change; and WHEREAS, there are 15 million Hispanic/Latinx who call our state home to help California thrive; and WHEREAS, our future as a state and local community is bound together with the future of Hispanic/Latinx communities. Roughly half or our state’s children are Hispanic/Latinx, and they will shape California in the decades to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize September as National Hispanic Heritage Month - a time to reflect on the countless ways in which Hispanic/Latinx have contributed to our Nation’s success, and let us embrace the diversity that strengthens us and continue striving to ensure the American dream is within reach for generations of Hispanic/Latinx to come. ________________________________ 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 #:21-697 Agenda Date:9/8/2021 Version:1 Item #:5. Presentation by Renaissance Entrepreneurship Center and JobTrain on Small Business and Workforce Development Services. (Ernesto Lucero, Economic Development Coordinator) City of South San Francisco Printed on 9/3/2021Page 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 #:21-694 Agenda Date:9/8/2021 Version:1 Item #:6. Motion to approve the Minutes for the meetings of July 14, 2021and July 26, 2021. City of South San Francisco Printed on 9/9/2021Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales, and Mayor Addiego AGENDA REVIEW No changes ANNOUNCEMENTS FROM STAFF Deputy Director Mediati invited the community to participate in Movie Night on July 16th at Orange Memorial Park and encouraged them to provide input on the Citywide Arts, Centennial Way Trail, and Orange Memorial Park master plans. PUBLIC COMMENTS Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting. None COUNCIL COMMENTS/REQUESTS Mayor Addiego announced that Councilmember Flores would be serving as City Council Liaison to the Housing Authority. He requested the meeting be adjourned in memory of Chris Ramos, grandfather of the former City Clerk Krista Martinelli. Vice Mayor Nagales offered his condolences to the Martinelli family and shared that the Caltrain Station had secured funding for the project from the Transportation Authority. He stated that the City Manager and himself met with the new Caltrans Director to discuss trash left in their area of operations. The meeting was positive, and they would continue to monitor the trash situation. Councilmember Nicolas joined in paying tribute to Chris Ramos and expressed condolences to the family. She informed the community that the City of South San Francisco was approximately 73% vaccinated, and over 81% had received the first dose. Councilmember Nicolas stated that with the current surge of the Delta variant, she urged the community to get vaccinated or to reach out to obtain more information. There is a vaccination clinic every Friday from five to eight at 306 Spruce MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, JULY 14, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 2 Avenue. Members of the community 70 years of age or older can get six one-way rides a month for only five dollars through the Got Wheels Program. In addition, low-income community members who do not have access to a computer and internet can qualify for a free laptop and internet service. Interested community members should call (650) 829-6620. Councilmember Coleman expressed his condolences to the Ramos family and thanked city staff for their work on the vaccine clinics. He provided an overview of the catalytic converters program pioneered by Councilmember Flores and would like the Council to consider keeping the food delivery caps. Councilmember Flores expressed his condolences to the Martinelli family and thanked Councilmember Coleman for providing an overview of the etching program for catalytic converters. He requested that the city continue to monitor the pedestrian foot traffic near the construction sites of the Civic Center and the Police Headquarters. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. Items 3, 5 and 11 were pulled for further discussion. 1. Motion to approve the Minutes for the meetings of May 12, 2021, May 25, 2021, and May 26, 2021. 2. Motion to cancel the Regular City Council meeting of August 11, 2021. (Rosa Govea Acosta, City Clerk) 3. Report recommending City Council reject all bids received for the 2021 Pavement Rehabilitation Project (st2106). (Angel Torres, Senior Civil Engineer) 4. Report regarding Resolution No. 131-2021 authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. (Adam Elsholz, Assistant Library Director) 5. Report regarding Resolution No. 132-2021 authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the September 14, 2021 Gubernatorial Recall Election and approving Budget Amendment 22.009. (Valerie Sommer, Library Director) 6. Report regarding Resolution No. 133-2021 approving Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. (Marissa Garren, Department of Public Works) 7. Report regarding Resolution No. 134-2021 authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during Summer 2021 and approving Budget Amendment 22.010. (Adam Elsholz, Assistant Library Director) REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 3 8. Report regarding Resolution No. 135-2021 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) 9. Report regarding adoption of Resolution No. 136-2021 accepting a grant from the San Francisco Bay Restoration Authority in an amount up to $595,000 for planning studies and community engagement of the Colma Creek Restoration and Adaptation Project and approving a grant agreement, and adoption of Resolution No. 137-2021 approving a consultant services agreement with Hassell Group and approving budget amendment number 22.007. (Christina Fernandez, Assistant to the City Manager and Tony Rozzi, Chief Planner) 10. Report regarding approval of Resolution No. 138-2021 accepting the Fourth Amendment to an Exclusive Negotiating Rights Agreement with Ensemble Investments, LLC for a proposed hotel development at Oyster Point. (Ernesto Lucero, Economic Development Coordinator) 11. Report regarding Resolution No. 139-2021 approving Amendment No. 7 to the Employment Agreement between Michael Futrell and the City of South San Francisco. (Sky Woodruff, City Attorney) Item 3- Mayor Addiego requested clarification on the bidding process that included the City of Brisbane. Public Works Director Kim provided an overview of the bidding process for the project. Item 5- Vice Mayor Nagales requested the number of voters that used the voting center at the Main Library in the last election. City Clerk Acosta stated that in the last election 3,772 voters used the Main Library Vote Center. Item 11 - Mayor Addiego stated that according to the California Government Code Section 54953 required a legislative body of a local agency to orally provide a summary of proposed actions on salary schedules or fringe benefits of executive level employees before approving them. He stated that the employment agreement between Charles Michael Futrell and the City of South San Francisco would increase his base salary by 3% to $307,590.40, effective April 28, 2021. The 3% percent is the same as the increase that all other city employees received, and the agreement term will be extended to April 7, 2025. Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar items 1- 11, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. PUBLIC HEARING 12. Report regarding a public hearing to receive input from the community regarding the redrawing of election district boundaries and approving redistricting schedule. (Rosa Govea Acosta, City Clerk and Kristen Parks, National Demographics Corporation) Public Hearing opened: 6:29 p.m. Public Hearing closed: 7:11 p.m. REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 4 Kristen Parks from National Demographics Corporation (NDC) provided an overview of the Redistricting process that the city was currently undertaking. She provided an updated timeline for the project and shared the initial demographic analysis of the existing City Council districts in South San Francisco. She provided an overview of the mapping tools and requested feedback from the Council on which tools they would like to use for the process. Vice Mayor Nagales stated he favored using the paper maps and the online tool that was using the previous redistricting process. Councilmember Nicolas stated she was also in favor of using both mapping tools. Councilmember Flores inquired how soon the mapping tools would be available to the public and whether residents would receive training. Ms. Parks stated that NDC would provide videos for training purposes within three to four weeks from when the data is released. Councilmember Coleman inquired on the outreach to use the tools and requested that staff target communities that do not provide maps. Ms. Parks stated that the California Fair Maps Act required new outreach to be conducted, and it was a decision of the city on how much outreach they wanted to do. City Clerk Acosta stated that the redistricting webpage would be available tomorrow for the public and would host community workshops and events to encourage public participation. Motion —Vice Mayor Nagales/Second – Councilmember Coleman: To approve the redistricting schedule, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 13. Report regarding adoption of Resolution No. 140-2021 approving the creation of South San Francisco’s Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds. (Christina Fernandez, Assistant to the City Manager, Nell Selander, Deputy Director of Economic & Community Development, and Jane Chandler, YMCA Assistant to the City Manager Fernandez provided the report and background information on the demographics of South San Francisco. The city is the first city in San Mateo County to consider creating a guaranteed income program and as such, was asked to share our lessons learned with the Mayor and staff at the City of Mountain View. Vice Mayor Nagales and City staff met with the City of Mountain View to share our experiences in program design and philanthropy. The Mountain View City Council appropriated $1,000,000 in American Rescue Plan Act (ARPA) funds for a guaranteed income program. Mountain View staff indicate launching a guaranteed income program in 2022. She stated that the program would provide $500 a month for 12 months to approximately 135 eligible families. The program required case management at intake and incentivized data collection throughout the process. Participants will be offered financial resources and tools throughout the course of the program. Program administrators would provide the city with quarterly reports on client spending trends and data from pre- and post-program surveys. Post-program, participants would be incentivized to provide quarterly surveys to track their economic mobility and to provide connections to additional resources as needed. REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 5 Jane Chandler, Director from the YMCA provided an overview of the program and the various program requirements. Vice Mayor Nagales inquired on the financial literacy portion of the program and expressed the importance of breaking the cycle of poverty. Ms. Chandler provided an overview of the structure of the financial literacy portion of the program. Vice Mayor Nagales requested clarification on the usage of funds for the participants. Ms. Chandler stated there were no strings attached to the funds and it was up to the participants to make sound financial decisions. Vice Mayor Nagales thanked the Council and city staff for bringing all their work on this program. Councilmember Nicolas inquired whether the participants were required to have bank accounts and would undocumented residents be eligible. Ms. Chandler stated that the program was designed to consider undocumented residents and they could open a bank account without a social security number. Councilmember Nicolas inquired on the tier system and on other services provided by the YMCA in addition to the program. Ms. Chandler stated that the YMCA also offered mental health programs. Councilmember Coleman inquired about the data collection process and thanked city staff, and everyone involved for bringing this program forward. Ms. Chandler provided an overview of the data collection process. Councilmember Flores thanked Vice Mayor Nagales and city staff for all their time spent on this program. He requested clarification on whether the data collection would be aggregated or desegregated. Assistant to the City Manager Fernandez stated that the data collection would aggregate. Councilmember Flores addressed concerns from the community about customer service and whether the YMCA was prepared to handling the demand. Ms. Chandler stated that they were prepared to hire before the launch of the program. Mayor Addiego thanked Ms. Chandler for the services that the YMCA provided to the community. He requested clarification on tier priorities and the form of payment. Assistant to the City Manager Fernandez provided the clarification on the priorities and form of payment. Mayor Addiego requested that Council increase the program from $800,000 to $1,000,000. The consensus of the Council was to increase the appropriation from $800,000 to $1,000,000. Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Resolution No. 140- 2021 approving the creation of South San Francisco’s Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. Meeting recessed: 8:10 p.m. Meeting resumed: 8:20 p.m. 14. Report regarding a resolution to approve the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022, and a resolution approving associated amendments to the City’s Salary Schedule for Fiscal Year 2021-2022 (Leah Lockhart, Human Resources Director) REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 6 Human Resources Director Lockhart provided the report and background information on the negotiations for the seven represented bargaining units and the unrepresented Executive Management Unit. In 2021, the MOUs for four of the city’s bargaining units were set to expire on June 30, 2021. Council directed staff to negotiate successor agreements with the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 within parameters established by Council. The appointed negotiators met and conferred with each unit, and reached tentative agreements with each, and each unit’s respective membership ratified these tentative agreements. She stated that each Memorandum of Understanding was effective for a one-year term, from July 1, 2021, to June 30, 2022, and provided an across-the-board wage adjustment of three percent (3%). In addition, the City’s Salary and Wage Schedule was updated at least annually by Council resolution, reflecting any negotiated wage adjustments, changes or modifications to job classifications, and any other wage or salary adjustments as directed by Council. 14a.Resolution No. 141-2021 approving the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022 Motion —Vice Mayor Nagales/Second – Councilmember Flores: To approve Resolution No. 141- 2021 approving the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 14b.Resolution No. 142-2021 to approve amendments to the Salary and Wage Schedule for the City of South San Francisco to provide for negotiated and recommended wage adjustments. Motion —Vice Mayor Nagales/Second – Councilmember Coleman: To approve Resolution No. 142 2021 to approve amendments to the Salary and Wage Schedule for the City of South San Francisco to provide for negotiated and recommended wage adjustments, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 15. Report regarding an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Ashley Crociani, Policy Analyst) Policy Analyst Crociani presented the report and provided background information on the current Youth Advisory Council (YAC). The proposed ordinance established a 15-member Youth Commission, composed of members aged 14 to 22 who live within the limits of South San Francisco or the South San Francisco Unified School District (“SSFUSD”). She stated that upon formation by Council, the proposed ordinance states the initial members of the new Youth Commission would be the same 23 members of the existing YAC, serving an initial term REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 7 of one year from the effective date of the ordinance. After the initial one-year term, Council would advertise for applicants and appoint Youth Commission members as with all other city boards and commissions, striving to maintain a geographic representation of South San Francisco’s neighborhoods. Appointed members serve a term of two years. The Youth Commission shall hold regular meetings at least once every two months. Policy Analyst Crociani introduced the current chair of the Youth Advisory Council, Ethan Mizzi. He provided an overview of the responsibilities of the commission. The Youth Commission would be responsible for: identifying the concerns and needs of the children and youth of South San Francisco, examining existing social, economic, educational, and recreational programs for children and youth, developing and proposing plans that support or improve such programs, and making recommendations to the Council. Assistant City Clerk Avila read into the record the public comments from an anonymous person and the following individuals: • Denton Murphy The following provided public comments: • John Baker • Pat Murray • Calvin Quick • James Ruigomez • Melissa Hua • Isabela Molina • Aaron (they/them) • Dekaye Hailu Vice Mayor Nagales requested clarification on the number of commission members and topics the commission would be bringing forward. Chair Mizzi provided clarification on the number of commission members and an overview of the expected work plan. City Attorney Woodruff stated that the commission would review topics and do research. The commission would discuss issues and make recommendations to Council. Councilmember Flores inquired on the attendance of the current commission and whether there was a policy for absences. Chair Mizzi stated that attendance was kept, and most members participated in all meetings and noted there were procedures for absences. Councilmember Flores inquired what would be the benefit of forming the commission. Chair Mizzi stated that YAC does not operate under an established ordinance, and therefore there is no formal structure or legality. Councilmember Flores stated the importance of the commission following all the state, federal and local laws, and policies. Mayor Addiego stated the importance of the Brown Act and City Attorney Woodruff provided an overview of Brown Act. City Clerk Acosta stated that once the commission was established her office would be responsible for taking attendance reports from the commission and provide them to Council. In addition, the commission be required to take the AB1234 Ethics Training. REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 8 Councilmember Coleman thanked the Youth Advisory Commission and Chair Mizzi for their work and commitment. Mayor Addiego stated the importance of staggering the terms of the Youth Commission. Chair Mizzi agreed. Councilmember Nicolos inquired on how the commission would maintain geographic representation of South San Francisco. Chair Mizzi stated that it would be a goal; however, it was not a requirement. Motion —Councilmember Coleman/Second – Councilmember Flores: To introduce and waive further reading of an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS A ND ANNOUNCEMENTS Councilmember Nicolas invited the community to join the Commission on Racial and Social Equity meeting on July 21st. Mayor Addiego announced that the upcoming City Council meeting on July 26th would be a hybrid meeting. The community was invited to join the meeting in-person at 33 Arroyo Drive, should they be unable to attend online. CLOSED SESSION Entered Closed Session: 9:11 p.m. Resumed from Closed Session: 9:40 p.m. 16. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Linden Avenue Agency Negotiators: Alex Greenwood, Director of Economic and Community Development; Nell Selander, Deputy Director of Economic and Community Development; and Julie Barnard, Economic Development Coordinator Negotiating Parties: Giorgi Family Trust Under Negotiation: Price and Terms 17. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) Agency Negotiators: Alex Greenwood, ECD Director; Nell Selander, ECD Deputy Director; and Julie Barnard, Economic Development Coordinator Negotiating Parties: Firehouse Work, LLC and Eden Housing. Under Negotiation: Review of Price and Terms Report out of Closed Sessions by Mayor Addiego: Council provided direction to negotiators. REGULAR CITY COUNCIL MEETING JULY 14, 2021 MINUTES PAGE 9 ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 9:41 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 6:05 p.m. ROLL CALL Present : Councilmember Coleman, present in Council Chambers Councilmember Flores, participated via Zoom Councilmember Nicolas, present in Council Chambers Vice Mayor Nagales, present in Council Chambers Mayor Addiego, present in Council Chambers AGENDA REVIEW No changes. PUBLIC COMMENTS Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment or during the meeting via Zoom. None. ADMINISTRATIVE BUSINESS 1. Study Session regarding the Outdoor Dining Pilot Program as authorized under t he current proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020). (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) Director of Economic and Community Development Greenwood provided an overview of the Outdoor Dining Pilot Program. Senior Planner Espiritu provided an overview of the program and indicated that the City Council established the Outdoor Dining Pilot Program in July 2020 to allow restaurants to maintain some level of revenue and activity while S helter-In-Place (SIP) regulations prevented indoor dining. The Council approved two revisions on October 14, 2020, and March 10, 2021. Due to the second SIP restriction in winter 2020, these adjustments were granted to give MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO MONDAY, JULY 26, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting City Council conducted this meeting in-person and remotely via the ZOOM virtual meeting platform in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. SPECIAL CITY COUNCIL MEETING JULY 26, 2021 MINUTES PAGE 2 businesses more time to operate outside dining spaces. California retired it s Blueprint for a Safer Economy (Color-Tiered System) on June 15, 2021. It reopened all business sectors, including restaurants, retail malls, movie theaters, and most everyday places, with no capacity limits or physical distance constraints. Since the Program's approval, staff has reviewed 12 applications from Downtown eateries, and ten locations have been approved for outdoor dining on the public right -of-way; all ten approved public right -of-way locations commenced outdoor dining operations shortly after. The Application Packet contained information on the conditions and insurance requirements. The city used a total of 77 water-filled barriers and fences to create out door dining areas for ten companies on the public right- of-way. There are 22 parking spaces available for these ten businesses, although only 16 of them are metered. He suggested that the current Outdoor Dining Pilot Program be extended through the end of 2021, as it is still helpful to businesses and has low costs. Current applicants would be given the option of continuing to participate in the city's existing Outdoor Seating Permit program with objective design standards after December 31, 2021 or terminating their participation and removing the t emporary construction. Businesses who want to keep or open a new outside dining area after January 1, 2022, will need to apply for an annual Outdoor Seating Permit and would pay a minor use permit fee (about $500 per year) that would include some of the revenue from the unoccupied meters (roughly $70 per month). City Manager Futrell provided an overview of funding opportunities and shared his concern with the underutilization of outdoor spaces and supports reducing fees. Councilmember Nicolas requested clarification on the participating restaurants and the cost for each to participate in the program. She suggested that staff o versee the program to ensure the outdoor dining space is being used efficiently and expressed her support in extending the program to December 2021. Senior Planner Espiritu indicated that businesses would pay $500 to participate in the program, which many have expressed support for, as established in the city's use permit. Councilmember Coleman expressed concern with the cost of the permit and the potential lack of participation. He requested clarification on the fee and revenue source. City Manager Futrel l indicated that the fees collected are deposited into the Parking District fund, which restricts use to parking-related issues in the downtown area. Councilmember Coleman suggested reinvesting those funds back to the downtown businesses to encourage participation. Councilmember Flores requested clarification on outreach efforts and expressed his concern with the financial hardship that businesses are facing. He expressed support of extending the program beyond the winter months to take into consideration weather impacts. He requested that staff solicit feedback from participants for the Council to review. Senior Planner Espiritu expressed concern for the financial hardship all businesses in the city face and provided an overview of the city's outreach efforts. He indicated that the city is following suit to neighboring cities such as San Mateo and San Francisco. SPECIAL CITY COUNCIL MEETING JULY 26, 2021 MINUTES PAGE 3 2. Report regarding possible ballot measure to support public health and emergency response. (Mike Futrell, City Manager, and Jess Magallanes, Fire Chief ) City Manager Futrell presented the report and provided an overview of the current Fire Department emergency response and the proposed restructure to continue to offer a first -rate service to the community. Fire Chief Magallanes indicated that South San Francisco is the only city in San Mateo County that runs its own ambulance service, allowing citizens to obtain speedier emergency medical care at a lower cost than the county's commercial ambulance service provider. The city has two advanced - life-support (ALS) ambulances and one basic-life-support (BLS) ambulance for non-emergency medical transport . In the event of a large-scale crisis, the city additionally keeps one additional ALS ambulance and one BLS ambulance in reserve, ready to replace front -line ambulances if needed or to provide surge capacity. Two paramedic/firefighters who are dual-certified as paramedics and firefighters staff ALS units. Emergency medical technicians staff BLS ambulances, which do not offer paramedic-level care. In addition to responding to car accidents, hazardous mater ial spills, technical rescues, water rescues, and fire suppression, paramedics/firefighters working ALS ambulances are also responsible for responding to other sorts of emergency calls. As the number of ambulances transported grows, paramedic/firefighter availability for other crises and non-emergency jobs such as training, pre-fire planning, report writing, and equipment and facility maintenance declines. The Fire Department expects a continual rise in calls for service as the city grows, as well as increa sed complexity for those calls involving new types of occupancies (e.g., multi-story commercial buildings, laboratories, and multi-family dwelling units). The risk profile for crises is rapidly changing; emergencies that used to happen on the ground floor or the street level with relatively easy access points are now happening in places that take more time and money to manage. In addition to the medical, fire, and other emergency calls mentioned above, South San Francisco firefighters spent 177 days in 2020 fighting 14 wildfires across California, totaling 379 staff days. Deployments to other parts of California, including Oregon, have resumed in 2021 and are anticipated to expand as climate change and drought conditions shift "wildfire season" from a few months to a year-round fire response. Restructuring objectives include maintaining ambulance response times and provide a less expensive ambulance transport service relative to the rest of the county. Evolve and meet the needs of emergency response from an increasing construction risk profile. Strengthen the city's ability to prepare for, respond to, recover from, and mitigate the effects of natural disasters by providing a proactive branch focused on improving overall community health, reducing chronic emergency transports, and addressin g behavioral health and substance abuse-related emergency calls. Chief Magallanes recommended the creation of a new Health and Emergency Transport Division. The division would be staffed with paramedics, emergency medical technicians, and mental healt h professionals allowing the department to adapt and provide enhanced service. Finance Director Salisbury provided an overview of the program's cost, which is expected to be approximately $3.7 million per year. She indicated that the preliminary assessment with Matrix Consulting Group found that the increased Health and Emergency Transport program would result in a revenue offset of around $700,000, necessitating a total revenue requirement of $3 million via parcel taxes. She indicated that approval of this measure would require a majority vote. SPECIAL CITY COUNCIL MEETING JULY 26, 2021 MINUTES PAGE 4 Councilmember Flores requested clarification on the cost, proposed parcel tax, and public input. City Manager Futrell indicated that staff would work with the City Attorney to solicit community input and recognizes that there may not be support for the pro posed voter-approved tax measure. He will work with staff to research additional funding models and return to Council with findings. Councilmember Flores suggested reaching out to the County of San Mateo for possible funding. Councilmember Coleman inquired about the cost to operate ambulatory services and behavioral health services. Fire Chief Magallanes provided an overview of the current cost of approximately $3.5 million and indicated that the average cost is $2400-2500 per transport compared to San Mateo County's roughly $3500. He discussed the need for behavioral health technicians to augment services for the community. City Manager Futrell provided an overview of the city's revenue and collection fees and noted that the city would need to increase funding to approximately $7 million to provide services free of charge. City Manager Futrell will provide an update to the Council via a Thursday memo. Councilmember Coleman expressed his support of a community survey for funding options. Vice Mayo r Nagales expressed his concern about the proposed tax measure and community reliance on services. He supports a community survey. Fire Chief Magallanes provided an overview of medical services and the follow-up process for patients requiring medical attention and discussed the current mental health services model in collaboration with the South San Francisco Police department. Vice Mayor Nagales requested data from cities that have operated similar programs. Fire Chief Magallanes provided an overview of the program currently used in Oregon. Councilmember Nicolas expressed support for restructuring the department but noted her concerns for a parcel tax during these challenging times. After 45 years of operation, the department needs restructuring, but she suggested exploring alternate funding options. Mayor Addiego inquired about adding a fire truck unit and suggested that the Council receive service call reports to understand the department's needs better. He expressed concern with a tax measure and the responsibilities associated with implementing new services. Fire Chief Magallanes explained the need for an additional unit and provided an overview of mental health services. City Manager Futrell noted a consensus of the Council to explore other viable funding options and not a parcel tax. In addition, he will continue to work with Fire Chief Magallanes to explore department restructuring, increased service needs, and funding sources. 3. City Council study session to consider technical issues related to a potential tax measure on vacant property and provide direction to staff regarding additional research to assist in preparation of such a measure. (Sky Woodruff, City Attorney, Nell Selander, Economic & Community Development Deputy Director, and Tony Rozzi, Chief Planner) City Attorney Woodruff presented an overview of the Potential Ta x on Vacant Properties and noted that the City Council expressed interest in placing a vacant property parcel tax item on the ballot in March 2020. Jurisdictions use vacant property taxes to generate income for programs such as affordable housing developme nt, homeless assistance, and blight repair and discourage property owners from keeping their properties vacant. Residential, ground -floor commercial storefronts, stand-alone commercial or industrial structures, and undeveloped property are all examples of properties to consider taxing. SPECIAL CITY COUNCIL MEETING JULY 26, 2021 MINUTES PAGE 5 Deputy Director of Economic and Community Development Selander provided an overview of the city's residential, industrial, office, and life sciences vacancy rates. She discussed the factors potentially limiting the effectiveness of a Vacancy Tax. Councilmember Flores requested an overview of the discussions held on October 22, 2020, when the Council initially discussed the measure and clarification on the critical elements of vacant property as presented. City Attorney Woodruff noted that there was no data available for vacant properties in the city and said it was difficult for staff to determine vacant properties without a database. Deputy Director of Economic and Community Development Selander stated that the team sent a survey to landlords requesting property vacancy data in 2021. After reviewing the data, staff did not identify an increase in vacancies. Councilmember Flores indicated that due to the pandemic, many companies are allowing employees to work from home, contributing to property vacancies due to relocation. He encouraged staff to implement a self-reporting data registry for vacant properties. Councilmember Coleman expressed support for additional vacant property data, including residential homes. He encouraged staff to create a self-reporting registry for landlords to post vacant properties and perhaps in the future use the data to incentivize landlords to assist with the city's housing needs. Councilmember Nicolas requested clarification on the vacancy rates and noted t he need for additional data. Deputy Director of Economic a nd Community Development Selander expressed her concern with implementing a new data registry program due to the cost and staffing needs and noted that it could take several years to gather signific ant data. Councilmember Nicolas requested additional data before approving a vacant property tax. Vice Mayor Nagales shared his initial concern with the frustration of blighted vacant properties throughout the city. He stated that there was no substantial data to move forward with a vacant property tax at this time. He encouraged staff to gather additional data and develop a system to oversee blighted vacant properties without a tax measure. Mayor Addiego noted that the blighted property on El Camino Real and Spruce Avenue was designated as a Transit Village in 2006. The project faced many challenges due to the Council's attempt to manage the project, including the housing market collapse. Deputy Director of Economic and Community Development Selander provided an overview of the next steps and stated that staff would bring back their findings shortly for the Council's consideration. 4. Study Session regarding proposed amendments to the City Council Handbook. (Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk) City Attorney Woodruff indicated that the Council handbook was revised to reflect policy changes and council direction. He noted that the City Clerk outlined the proposed changes to comply with recent resolutions and state laws that affect procedures. The proposed amendments bring the City's new election cycle up to date and the Mayoral and Vice-Mayoral succession, based on existing officeholders. As a result of the City's change from At -Large to District elections, and per Council policy. During his term on the Council, Councilmember Nagales could serve as Mayor twice during his tenure. In addition and at the request of former Counc ilmembers, the City Attorney's office made amendments to the City's policy on donations. SPECIAL CITY COUNCIL MEETING JULY 26, 2021 MINUTES PAGE 6 The council discussed the proposed changes and provided direction to the City Clerk and City Attorney. The item will be brought back for the Council's approval at the upcoming meeting. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 8:20 p.m. Respectfully submitted by: Approved by: Rosa Govea Acosta, CMC, CPMC Mark Addiego City Clerk Mayo r Approved by the City Co uncil: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-675 Agenda Date:9/8/2021 Version:1 Item #:7. 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 the California Forestry and Fire Department (CalFire)was utilized and provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the incident.The fire burned for nearly three hours before being declared under control.Fire crews remained on site for over two days to ensure all hot spots were extinguished and embers would not reignite.Fortunately,the fire was kept to 16 acres and only caused minor property damage to three homes on Mountain Road,and no one was injured,thanks to the fuel load reduction and fire break work completed in recent years and the fire fighters’ great efforts. Immediately after the fire,the City Manager’s Office,Parks and Recreation Department,Fire Department and Public Works/Engineering Department staff met to discuss next steps to prepare the hill for the winter months. On October 22,2020,City Parks and Recreation staff completed a walkthrough and prepared an assessment of the state of the Sign Hill environment and trails to evaluate the scale of fire damage.Based on staff’s assessment,two phases of work were established -short term work to winterize the hill,remove hazards,and make it safe to reopen,and longer term work to expand on the ongoing fuel load reduction and maintain firebreaks on Sign Hill. Due to the emergent nature of the work to prepare Sign Hill for wet weather,and potential debris flows,falling trees,or the potential for future fire due to the buildup of fuel in the form of dead trees and brush,it was determined an emergency declaration was needed to expedite the work. At the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs.These repairs largely include the removal of more than 1,500 trees directly impacted by the Diamond Fire for a contract total not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to City of South San Francisco Printed on 9/3/2021Page 1 of 3 powered by Legistar™ File #:21-675 Agenda Date:9/8/2021 Version:1 Item #:7. not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped areas for a contract total not to exceed $110,559. For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of Public Contract Code Section 22050. Tree Removals Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as Seubert Grove.At the time of drafting this report,this portion of the work is largely complete,with only a handful of trees remaining that do not present a hazard to trail users.In each work area,the trees being removed are largely being chipped on site to help with slope stabilization or are safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so as not to serve as potential fuel for the next fire season. This work is in accordance with CalFire forestry guidance. At the time of this report all trails are clear of hazardous trees,with only the Iris Trail remaining closed due to trail conditions.The Iris Trail has steps that need to be repaired,and staff are working on addressing that issue currently.Tree work has begun to shift focus on large dead stands that present a fuel load risk,and trees adjacent to residences on the hill in an effort to abate the impacted and hazardous trees for the dry season.The status of the trails on Sign Hill will be regularly updated,once the steps are repaired,on the City’s webpage under the Sign Hill link for residents to access closure information. Tree work under this emergency declaration is expected to continue through 2021. The month of March 2021 marked the beginning of bird nesting season,and Parks staff have finalized a contract with Wood PLC,a biologist consultant to survey for nesting birds.Performing bird nest surveys allowed for work to continue through the nesting season.Wood PLC conducted preliminary surveys on the week of April 19,2021 and continued to perform subsequent surveys every fourteen days through the end of August 2021,the end of nesting season.Surveying for bird nests during the tree work is required by the Migratory Bird Treaty Act which provides protections to bird habitat.Staff found it necessary to continue work through the nesting season in order to open trails to the public within a reasonable timeframe,and to reduce the fuel load that still exists on the hill as much as possible prior to the next fire season. Erosion Control Acacia Environmental Construction was contracted to perform the erosion control efforts on December 11, 2020.Staff met with Acacia’s project team on December 14 to discuss the project’s priorities and phases of work.Erosion control work began on December 28,2020,and consisted of installation of check dams in drainage areas and culverts,fiber waddle installation on steep slopes,and hydro-seeding barren areas of the hill with a native seed blend,which in addition to the slope stabilization efforts will help re-establish the hill’s native grassland ecosystem.Additionally,tree stumps and root mass from felled trees are left in place to help with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts. Acacia Environmental Construction completed the erosion control work in early February 2021.The hydro- seeding that was installed has become established,providing crucial stabilization of hillsides and future native City of South San Francisco Printed on 9/3/2021Page 2 of 3 powered by Legistar™ File #:21-675 Agenda Date:9/8/2021 Version:1 Item #:7. seeding that was installed has become established,providing crucial stabilization of hillsides and future native habitat for native species. Emergency Continuation Continuation of this emergency is necessary to continue the aforementioned work in response to the Diamond Fire and safely re-open the park as soon as possible.Terminating the work now would leave hundreds of hazardous trees and a significant amount of fuel load in close proximity to homes. As required by Public Contract Code section 22050(c)(1),this emergency tree removal and erosion control project will continue to be placed back on future regular City Council meeting agendas for the Council to review this emergency action and determine whether there is a need to continue the action,until such emergency repairs have been completed and the project terminated.Section 22050 requires the City Council determine the continuance of the emergency by a four-fifths vote.Adoption of the associated resolution authorizes the continuance of the emergency repair work to address the response to the Diamond Fire and related repairs. FISCAL IMPACT Work for the immediate tree work and erosion control measures is estimated to be $1,010,559,though subsequent work is needed to rehabilitate trails and park amenities,and for habitat restoration.Cost estimates for that work are to be determined once tree work is complete.Bird nest surveying for the year is a total of $18,988. Currently, funding exists outside of the general fund for this project. RELATIONSHIP TO STRATEGIC PLAN This project will contribute to the City’s Strategic Plan under Priority #2 by helping to create sustainable parks and open space areas, and under Priority #4 by enhancing public safety on and around Sign Hill. CONCLUSION Approving the resolution and adopting the findings will authorize the continuation of emergency repair work to address the hazardous conditions as a result of the Diamond Fire on Sign Hill.Staff recommends that the City Council determines that the emergency continues to exist and the emergency action,undertaken pursuant to the City Manager’s delegated authority, remains necessary. City of South San Francisco Printed on 9/3/2021Page 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 #:21-676 Agenda Date:9/8/2021 Version:1 Item #:7a. 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 some of the Sign Hill trails unsafe for trail users, and also certain trails to be closed to the public; and WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs including removal of more than 1,500 trees directly impacted by the wildfire; and WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and contractors to assess the scope of the damage,recommend corrective action,and undertake or contract for a substantial amount of tree removal and trail repair/remediation work in order to restore the trails and other features of Sign Hill to a safe condition as quickly as possible,and to subsequently re-open them to the public; and WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a contract with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or hazardous trees for a contract total not to exceed $900,000; and WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia Environmental Construction,for the emergency mitigation of potential erosion hazards within fire damaged City of South San Francisco Printed on 9/9/2021Page 1 of 3 powered by Legistar™ File #:21-676 Agenda Date:9/8/2021 Version:1 Item #:7a. areas on Sign Hill; and WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additional emergency mitigation work is still needed to eliminate the dangerous conditions. FINDINGS WHEREAS, the City Council of the City of South San Francisco hereby finds as follows: A.The above recitals are true and correct and incorporated herein by this reference. B.Pursuant to California Public Contract Code Section 20168,public interest and necessity demand the immediate commencement of the above-described work at Sign Hill in South San Francisco and the expenditure of public money for such work to safeguard life, health and property. C.Pursuant to California Public Contract Code Section 22050 and the authority delegated by the City Council on September 12,2018,and based on substantial evidence presented by the circumstances of the Sign Hill fire and City staff’s assessments,including but not limited to those from the City’s Fire,Police, and Parks &Recreation Departments,the staff report prepared concerning this resolution,and as set forth in this resolution,the City Manager would continue to be authorized to order emergency tree removal,trail repair and related work for the hazardous and threatening conditions at Sign Hill in South San Francisco. D.Terminating the above-described emergency work and let the remaining work at Sign Hill to competitive bidding would jeopardize public health,safety and welfare;risk additional damage to public and private property;and result in the public incurring additional expense,including,but not limited to, additional expense due to delay and further damage,due to the dangerous conditions of the falling trees and damage to trails and other features of the Sign Hill area and such work is necessary to respond to the emergency conditions at Sign Hill.Therefore,it remains that competitive bidding of such work would not produce an advantage for the public. E.Based on evidence presented in the record,the above-described emergency work continues to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and (c). NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at least a four-fifths vote, as follows: 1.The above recitals and findings are true and correct and hereby declared to be findings of the City Council of the City of South San Francisco. 2.The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten public health,welfare and safety;thus,emergency repair work continues to be necessary to address the hazardous and threatening conditions of the falling trees and destructed trail improvements.The emergency work described in this resolution continues to be exempt from California Public Contract Code competitive bidding requirements pursuant to California Public Contract Code Sections 20168 and 22050. 3.The City Council continues to authorize City staff to procure contracts for the emergency work City of South San Francisco Printed on 9/9/2021Page 2 of 3 powered by Legistar™ File #:21-676 Agenda Date:9/8/2021 Version:1 Item #:7a. 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 9/9/2021Page 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 #:21-641 Agenda Date:9/8/2021 Version:1 Item #:8. Report regarding a resolution authorizing the acceptance of donations,grants,and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018.(Greg Mediati, Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of donations, grants,and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018. BACKGROUND/DISCUSSION The purpose of this staff report is to recommend that City Council authorize the acceptance of: 1.$300 from an anonymous donor to support the Cultural Arts Commission’s 2021 Virtual General Art Exhibit - A Study in Contrast; 2.$500 from the South San Francisco Friends of Parks and Recreation for the SSF Field Day celebration that took place on July 20, 2021 in honor of Parks and Recreation Month; 3.$5,775 in stipends from the Child Care Coordinating Council of San Mateo County (4C’s)and the Children’s Council of San Francisco to provide financial relief to childcare programs to assist with hardships experienced due to the pandemic; 4.$40,451 from San Mateo County Aging and Adult Services for the South San Francisco Adult Day Care Program; and 5.$220,000 from the Big Lift grant administered by the Silicon Valley Community Foundation for the Little Steps Preschool. $300 from an anonymous donor to support the Cultural Arts Commission’s 2021 Virtual General Art Exhibit Participation in Cultural Arts Commission art exhibits typically involves a modest entry fee (usually $5 per entry)that is used to offset the cost of awards to artists for juried exhibits.Exhibits are typically judged by volunteer art professionals invited by the Cultural Arts Commissioners.For the 2021 Virtual General Art Exhibit,which took place from July 23,2021 through August 31,2021,awards were given to first,second,and third place winners.In order to fund the awards and waive entry fees for participating artists,an anonymous donor gifted $300 to the Parks and Recreation Department for the Cultural Arts Program.Awardees received gift cards to the Blick Art Supply Store in the amount of $100,$75,and $25 for first,second and third place awards respectively. $500 from the South San Francisco Friends of Parks and Recreation for the SSF Field Day celebration that took place on July 20, 2021 in honor of Parks and Recreation Month South San Francisco Friends of Parks and Recreation is a nonprofit organization that has donated annually to the Parks and Recreation Department to support participant scholarships for the Department’s various programs as well as sponsoring the Department’s annual efforts to celebrate July as Parks and Recreation Month.To celebrate Parks and Recreation Month this year,the Department hosted the SSF Field Day event at Orange Memorial Park on Tuesday,July 20.Despite financial challenges imposed by COVID-19,South San FranciscoCity of South San Francisco Printed on 9/3/2021Page 1 of 3 powered by Legistar™ File #:21-641 Agenda Date:9/8/2021 Version:1 Item #:8. Memorial Park on Tuesday,July 20.Despite financial challenges imposed by COVID-19,South San Francisco Friends of Parks and Recreation continued its tradition of supporting Parks and Recreation Month by donating $500 to SSF Field Day.Attendees,totaling over 400 individuals,enjoyed a variety of lawn games,free Zumba class, barbequed hot dogs, and a host of other activities. $5,775 in stipends from the Child Care Coordinating Council of San Mateo County (4C’s)and the Children’s Council of San Francisco to provide financial relief to childcare programs to assist with hardships experienced due to the pandemic In July 2021,the Parks and Recreation Department received several checks from childcare subsidy agencies 4C’s ($5,250)and the Children’s Council of San Francisco ($525)totaling $5,775.These childcare subsidy agencies issue vouchers to help low-income families pay for childcare so they can work or attend school. Several participants in the Department’s Childcare Program receive such subsidies,and families must meet certain eligibility requirements depending on the type of subsidy received.The checks received in July 2021 represent additional funding beyond the usual subsidy payments to address the impact of the COVID-19 pandemic on childcare providers and the families they serve. Staff did not have to apply for this funding.Stipends will be passed on to Childcare Program participants in the form of fee waivers based on need,with priority going to families who already receive some form of financial assistance. $40,451 from San Mateo County Aging and Adult Services for the South San Francisco Adult Day Care Program The Parks and Recreation Department’s Adult Day Care program at Magnolia Center in South San Francisco receives grant funds from San Mateo County Aging and Adult Services Division for the purpose of providing Adult Day Care and transportation services.The Adult Day Care program operates in accordance with the California Department of Aging (CDA)and State licensing regulations,and the standards and requirements established by Aging and Adult Services (AAS)of San Mateo County.The grant award for Fiscal Year 2020-21 is $40,451. The grant allocates $30,007 for Adult Day Care and $10,444 for transportation. The Parks and Recreation Department has been the recipient of the San Mateo County Aging and Adult Services Division grant funding for many years.Grant funds are overseen by staff in the Recreation Division’s Senior Program,and are directed to the Adult Day Care program located on the second floor of the Magnolia Center.The purpose of the Adult Day Care Program is to provide a structured day program for frail,and/or impaired adults with disabilities,such as Alzheimer’s,stroke,or Parkinson’s.The program is therapeutic and maximizes the client’s physical,emotional,and social functioning and encourages the highest level of independence.The program offers a variety of activities in a safe and secure environment with this goal in mind,as well as provides daily lunch and transportation services for South San Francisco residents.This program provides much needed respite for family members and caregivers.Additional services include community resource information, support group opportunities, and cultural and special events. $220,000 from the Big Lift grant administered by the Silicon Valley Community Foundation for the Little Steps Preschool The Little Steps Preschool is operated by the Parks and Recreation Department at the Community Learning Center and has a licensed capacity of 20 students.Little Steps is funded by the annual Big Lift grant from the Silicon Valley Community Foundation.The grant was first received in Fiscal Year 2014-15,and has been stable at $220,000 per year since Fiscal Year 2019-20.The Department expects to receive the same amount in Fiscal Year 2022-23. City of South San Francisco Printed on 9/3/2021Page 2 of 3 powered by Legistar™ File #:21-641 Agenda Date:9/8/2021 Version:1 Item #:8. Families eligible for this subsidized program must qualify as low-income households pursuant to California Department of Housing and Urban Development (HUD)income ceilings and are assessed tuition on a sliding scale based on family size and household income.Fees for Little Steps Preschool are aligned with preschool fees charged by the Parks and Recreation Department’s other preschool programs,which is $665/month for full -time care, Monday through Friday, 7:30 a.m. to 6:00 p.m. FISCAL IMPACT For item numbers 1 and 2 listed above,$300 for the Cultural Arts Program and $500 for SSF Field Day,receipt of these donations has no impact to the City’s general fund. For item number 3 above,the stipends from 4C’s and the Children’s Council of San Francisco only incur staff time related to the Department’s routine administration and coordination, but do not incur additional staff costs. For item number 4 above,$40,451 from San Mateo County Aging and Adult Services,Adult Day Care clients are charged $47 -$62 per day on a sliding scale based on financial need.Acceptance of this grant is important to sustaining and providing additional funds for new and existing clients in the program.The financial support is invaluable to clients and can mean they can continue living in their homes and maintaining their highest level of independence. For item number 5 above,$220,000 from the Big Lift grant,staff received confirmation of the grant amount in August 2021.Operations of the Little Steps Preschool have already commenced into Fiscal Year 2021-22.City Council’s authorization to receive $220,000 for Fiscal Year 2021-22 will allow for continued operation of the Little Steps Preschool through the end of the current fiscal year.Big Lift grant funding can be renewed, pending satisfactory compliance and availability of funding.Receipt of these funds does not commit the City to ongoing funding. In the event funding is ever discontinued, the program may be fee-based. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping build robust recreation programs for South San Francisco residents. CONCLUSION Staff recommends that the City Council adopt a resolution authorizing the acceptance of donations,grants,and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018. The Parks and Recreation Department appreciates contributions from individual community members and local organizations that help continue and enhance the Department’s mission to provide opportunities for physical, cultural and social well-being;protect and enhance the physical environment;and ensure the effective and efficient use of public facilities and open space. City of South San Francisco Printed on 9/3/2021Page 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 #:21-642 Agenda Date:9/8/2021 Version:1 Item #:8a. Resolution authorizing the acceptance of donations, grants, and stipends from various funders totaling $267,026 for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.018. WHEREAS,the Parks and Recreation Department (Department)received $300 from an anonymous donor to support the Cultural Arts Commission’s 2021 Virtual General Art Exhibit; and WHEREAS,the Department received $500 from the South San Francisco Friends of Parks and Recreation for the SSF Field Day celebration that took place on July 20, 2021 in honor of Parks and Recreation Month; and WHEREAS,the Department received a total of $5,775 in stipends,of which $5,250 is from the Child Care Coordinating Council of San Mateo County (4C’s)and $525 is from the Children’s Council of San Francisco to provide financial relief to childcare programs to assist with hardships experienced due to the pandemic; and WHEREAS,the Department received $40,451 from San Mateo County Aging and Adult Services for the South San Francisco Adult Day Care Program; and WHEREAS,the Department received $220,000 from the Big Lift grant administered by the Silicon Valley Community Foundation for the Little Steps Preschool; and WHEREAS, the donations, grants, and stipends listed here are itemized herewith in Exhibit A; and WHEREAS,the Parks and Recreation Department appreciates contributions from individual community members and local organizations that help continue and enhance the Department’s mission to provide opportunities for physical,cultural and social well-being;protect and enhance the physical environment;and ensure the effective and efficient use of public facilities and open space. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the donations,grants,and stipends from various funders totaling $267,026,all of which are itemized in Exhibit A, for Fiscal Year 2021-22 to support Parks and Recreation Department programs and events. ***** City of South San Francisco Printed on 9/9/2021Page 1 of 1 powered by Legistar™ Exhibit A Parks and Recreation Department Donations/Grants/Stipends for City Council Approval Fiscal Year 2021-2022 Donor/Grantee Program/Activity Amount Anonymous Cultural Arts Program $300 South San Francisco Friends of Parks and Recreation SSF Field Day $500 Child Care Coordinating Council of San Mateo County (4C’s) Childcare Program $5,250 (separate checks of $1,575 and $3,675) Children’s Council of San Francisco Childcare Program $525 San Mateo County Aging and Adult Services Seniors Program – Adult Day Care $40,451 Silicon Valley Community Foundation – Big Lift Childcare Program – Little Steps Preschool $220,000 TOTAL $267,026 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-647 Agenda Date:9/8/2021 Version:1 Item #:9. Report regarding adoption of an Ordinance to make California Environmental Quality Act (CEQA) determinations and to adopt a Zoning Text Amendment to prohibit Research &Development uses in the El Camino Real Corridor;modify the definitions of Freight Truck/Warehouse uses to introduce a Parcel Hub definition and where these uses are conditionally permitted or prohibited;and update the Accessory Dwelling Unit performance standards to comply with new State Law changes. (Tony Rozzi, Chief Planner) RECOMMENDATION Staff recommends that the City Council waive further reading and adopt the ordinance. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance. The ordinance is now ready for adoption. Ordinance to make California Environmental Quality Act (CEQA) determinations and to adopt a Zoning Text Amendment to prohibit Research & Development uses in the El Camino Real Corridor; modify the definitions of Freight Truck/Warehouse uses to introduce a Parcel Hub definition and where these uses are conditionally permitted or prohibited; and update the Accessory Dwelling Unit performance standards to comply with new State Law changes. (Introduced on 8/25/21: Vote 5-0) CONCLUSION Staff recommends that the City Council waive further reading and adopt the ordinance, effective 30 days from adoption. City of South San Francisco Printed on 9/3/2021Page 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 #:21-648 Agenda Date:9/8/2021 Version:1 Item #:9a. Ordinance to make California Environmental Quality Act (CEQA)determinations and to adopt a Zoning Text Amendment to prohibit Research &Development uses in the El Camino Real Corridor;modify the definitions of Freight Truck/Warehouse uses to introduce a Parcel Hub definition and where these uses are conditionally permitted or prohibited;and update the Accessory Dwelling Unit performance standards to comply with new State Law changes. WHEREAS,in July of 2010,the City Council for the City of South San Francisco (“City”)adopted a comprehensive update to the City’s Zoning Ordinance,which repealed the then-existing Title 20 of the South San Francisco Municipal Code,and replaced it with an entirely new Title that,among other actions,established new zoning districts,revised and reformatted many then-existing zoning provisions,eliminated inconsistent and outdated provisions,and codified entirely new zoning provisions,including new land use regulations and development standards; and WHEREAS,since adoption of the Zoning Ordinance in July 2010,the City has identified areas of the Zoning Ordinance that require minor refinement, clarification, and/or correction; and, WHEREAS,the City staff has drafted proposed revisions to the City’s Zoning Ordinance to address the identified areas that require correction; and WHEREAS,the Zoning Ordinance was adopted after preparation,circulation,consideration,and adoption of an Initial Study/Negative Declaration (“IS/ND”)in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000,et seq.(“CEQA”),which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS,the minor refinements,clarifications,and/or corrections set forth in this Zoning Amendment,are minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance,nor do the refinements,clarifications,and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS,on April 15,2021 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments,take public testimony,and adopted Resolution No.2871-2021 making aCity of South San Francisco Printed on 9/9/2021Page 1 of 4 powered by Legistar™ File #:21-648 Agenda Date:9/8/2021 Version:1 Item #:9a. ordinance amendments,take public testimony,and adopted Resolution No.2871-2021 making a recommendation to the City Council on the project; and WHEREAS,the modifications to regulations pertaining to ADUs are also statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 65852.2; and WHEREAS,on June 17,2021 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and further refinements to the proposed zoning ordinance amendments,take public testimony,and adopted Resolution No.2872-2021 making a recommendation to the City Council on the project; and WHEREAS,on August 25,2021 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments,take public testimony,and adopt the recommendation of the Planning Commission on the proposed revisions to the City’s Zoning Ordinance. NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the Record before it,as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I.FINDINGS. Based on the entirety of the record as described above,the City Council for the City of South San Francisco hereby makes the following findings: A.General Findings. 1.The foregoing recitals are true and correct and made a part of this Ordinance. 2.The Record for these proceedings,and upon which this Ordinance is based,includes without limitation, the California Environmental Quality Act,Public Resources Code §21000,et seq.(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR;the South San Francisco Municipal Code;the Zoning Ordinance Text Amendments;and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed April 15,2021 meeting;and all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed August 25,2021 meeting;and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of the Chief Planner, Tony Rozzi. 4.The City previously prepared,circulated and adopted an Initial Study/Negative Declaration (“IS/ND”) in accordance with CEQA in 2010,which analyzed the environmental impacts of updating the Zoning Ordinance.The IS/ND concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance.The current proposed minor refinements,clarifications, City of South San Francisco Printed on 9/9/2021Page 2 of 4 powered by Legistar™ File #:21-648 Agenda Date:9/8/2021 Version:1 Item #:9a. exceed established thresholds of significance.The current proposed minor refinements,clarifications, and/or corrections set forth in this Zoning Amendment,are minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance,nor do the refinements,clarifications,and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review.Additionally,the modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 65852.2.Based on the foregoing,no further environmental review is required at this time. B.Zoning Amendment Findings 1.The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of uses.None of the new or revised definitions,tables,figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2.The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses in terms of access,size of parcel,relationship to similar or related uses,and other considerations because the minor revisions,corrections and clarifications will not alter the existing uses permitted in the Zoning Ordinance. 3.The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the minor revisions,corrections and clarifications will not result in a change of any existing zoning districts. SECTION II.AMENDMENTS. The City Council hereby amends the following sections,included as Exhibit A,of the South San Francisco Municipal Code are amended to read as follows.Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. SECTION III.SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end, provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. City of South San Francisco Printed on 9/9/2021Page 3 of 4 powered by Legistar™ File #:21-648 Agenda Date:9/8/2021 Version:1 Item #:9a. SECTION IV.PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 25th day of August 2021. ***** City of South San Francisco Printed on 9/9/2021Page 4 of 4 powered by Legistar™ Exhibit A – Amendments to the Zoning Ordinance The following chapters of the South San Francisco Municipal Code are amended as shown here. Subsections, subdivisions and tables that are not amended by this ordinance are not included, and shall remain in full force and effect. A. Revise Multiple Chapters of the Zoning Ordinance as follows to prohibit Research and Development uses on the El Camino Real corridor: (1) Amend Table 20.090.002 Land Use Regulations to prohibit Research and Development uses in the El Camino Real Mixed Use (ECRMX) Zoning District, as follows: CC BPO CMX ECRMX Employment Uses Construction and Material Yard - P(8) - - Food Preparation - P(8) - - Handicraft/Custom Manufacturing - P(8) - - Industry, General - P(8) - - Industry, Limited - P(8) - - Recycling Facilities See sub-classifications below Collection Facility P P(8) P C See Recycling Facilities in Chapter 20.350 Intermediate Processing - MUP(8) - - See Recycling Facilities in Chapter 20.350 Research and Development - P(8) - (9) Limitations: 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of ground floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. 9. Research and Development uses may still be established if a development project submits a pre-application prior to the effective date of the ordinance enabling this note 9 and follows with a complete application within 180 days of that effective date. (2) Amend Table 20.270.003 Land Use Regulations to prohibit Research and Development uses in the El Camino Real/Chestnut Sub-Districts (ECR/C-MXH and ECR/C-MXM), as follows: ECR/C-MXH ECR/C-MXM ECR/C-RH Employment Uses Recycling Facilities See sub-classification below Collection Facility C(7) C(7) - See Recycling Facilities in Chapter 20.350 Research and Development - - - Limitations: 1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue, or BART right-of-way south of Oak Avenue. 2. Subject to site evaluation based on prior use. 3. Allowed only on the northeast corner of El Camino Real and Arroyo Drive/Oak Avenue Extension. See Figure 20.270.003. 4. Customer service offices are permitted on the ground level, and other offices are permitted on the second floor or when conducted as an accessory use with a permitted use on the site, occupying no more than 25 percent of the floor area. Additional office space may be allowed with a Use Permit, upon finding that such use will not conflict with adjacent street level retail uses. 5. Not permitted along Mission Road. 6. Must be structured. 7. Large Collection Facilities are not permitted. 8. Only building mounted or completely enclosed within a building. Not permitted on the ground floor. B. Revise Multiple Chapters of the Zoning Ordinance as follows to add definitions of Freight Truck/Warehouse uses and clarify where these uses are permitted, conditionally permitted or prohibited: (1) Amend Section 20.620.005 Employment Use Classifications to clarify the Freight/Truck Terminal and Warehouse definition and add a definition of a Parcel Hub, as follows: Freight/Truck Terminal and Warehouse. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a Parcel Hub. Parcel Hub. A “Last Mile” facility or similar establishment for the processing and/or redistribution of parcels or products. A Parcel Hub’s primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a ten-mile radius. (2) Amend Table 20.110.002 Land Use Regulations—Employment Districts to require a Minor Use Permit for Freight/Truck Terminal and Warehouse uses and Parcel Hub uses in the Employment Districts, as follows: BC BTP FC MI Employment Uses Warehousing, Storage, and Distribution See sub-classifications below Chemical, Mineral, and Explosives Storage - - - C Freight/Truck Terminals and Warehouses - (10) - C See Freight/Truck Terminals and Warehouses and Parcel Hub in Chapter 20.350 Indoor Warehousing and Storage - (10) - P Parcel Hub - - - C See Freight/Truck Terminals and Warehouses and Parcel Hub in Chapter 20.350 Outdoor Storage MUP - - P See Outdoor Storage in Chapter 20.350 Personal Storage - - - C See Personal Storage in Chapter 20.350 Wholesaling and Distribution - P(11) - P Limitations: 10. In accordance with General Plan Policy 3.5-I-11 and Resolution 84-97, legally approved freight forwarding, customs brokering, wholesale, warehousing, and distribution uses that existing in 1997 (or were approved prior to July 10, 2000 with a Use Permit) are considered conforming uses and may convert to other industrial uses including wholesale, warehouse, and distribution uses, and may expand within parcel boundaries as they existed at the time Resolution 84-97 was adopted, subject to meeting the current development standards (Municipal Code); however, said uses may not expand, convert to, re-convert to, or establish a freight forwarding use. 11. Only within enclosed buildings and south of Grand Avenue. (3) Amend Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed-Use Districts to prohibit Parcel Hub in these Zoning Districts, as follows: Employment Uses CC BPO CMX ECRMX Warehousing, Storage, and Distribution See sub-classifications below Chemical, Mineral, and Explosives Storage - C(8) - - Freight/Truck Terminals and Warehouses - - - - Indoor Warehousing and Storage - P(8) - - Parcel Hub - - - - Outdoor Storage - P(8) - - See Outdoor Storage in Chapter 20.350 Personal Storage - C(8) - - See Personal Storage in Chapter 20.350 Wholesaling and Distribution - P(8) - - Limitations: 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of ground floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. (4) Revise Performance Standards for Section 20.350.020 to incorporate Parcel Hub, as follows: 20.350.020 Freight/Truck Terminal and Warehouses and Parcel Hub Freight/Truck Terminals and Warehouse and Parcel Hub uses shall provide adequate parking, loading, queuing, and circulation areas on-site and shall not have a detrimental impact on the circulation or on-street parking in the surrounding area. A. Parking and Circulation Study. A parking and circulation study shall be submitted for review and approval by the Chief Planner and City Engineer which demonstrates compliance with the above criteria. The study shall, at minimum, include the following: 1. Description of the type of freight to be distributed. 2. Size of trucks and shipping containers. 3. Number and schedule of deliveries. 4. Amount and duration of storage. 5. Loading and unloading procedures. 6. Circulation plan. 7. Radius of delivery map. 8. Other information as required by the City. C. Revise Multiple Chapters as follows to update various references to multiple-unit residential developments in the zoning ordinance and to update performance standards for Accessory Dwelling Units: SECTION I. Chapter 20.090 Commercial, Office, and Mixed-Use Districts . . . . . . Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed-Use Districts Use Classification CC BPO CMX ECRMX Additional Regulations Residential Use Types Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) - (1) Accessory Dwelling Unit (1) (1) P P See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) (1) (1) (1) Single-Unit Attached (1) (1) C P(2) Multiple-Unit Residential See sub-classifications below Duplex (1) - C (1) Multi-unit (1) - P(3) P(2) Senior Citizen Residential (1) - P(3) P(2) SECTION II. Chapter 20.250 Transit Village Plan District . . . . . . Table 20.250.003 Land Use Regulations for Transit Village Sub-Districts Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Residential Use Classifications Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Single-Unit Dwelling See sub-classifications below Single-Unit Attached - - P P Accessory Dwelling Unit P P P P See Accessory Dwelling Units in Chapter 20.350 Multiple-Unit Residential P(1) P(1) P P Elderly and Long-Term Care - - C C See Group Residential Facilities in Chapter 20.350 SECTION III. Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District . . . . . . Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-Districts Uses Permitted ECR/C- MXH ECR/C- MXM ECR/C- RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classification below Single-Unit Attached P(1) P P Accessory Dwelling Unit P P P See Accessory Dwelling Units in Chapter 20.350 Multiple-Unit Residential See sub-classifications below Multi-Unit C(1) C C Senior Citizen Residential C(1) C C Elderly and Long-Term Care C(1) C C See Group Residential Facilities in Chapter 20.350 SECTION IV. Chapter 20.300 Lot and Development Standards 20.300.007 Landscaping . . . . . . B. Applicability. The standards of this section apply to the following: 1. All new development, any change of use classification and additions (other than to Single- Unit Dwellings or Duplexes) that expand existing floor area by 10 percent or more. 2. New construction and rehabilitated landscapes which are homeowner-provided and/or homeowner-hired in single-unit and multiple-unit residential projects with a total project landscape area equal to or greater than 5,000 square feet. 3. New construction and rehabilitated landscapes for all projects other than those described in subsection (B)(2) of this section with a total project landscape area equal to or greater than 2,500 square feet. 4. Existing landscapes limited to Sections 20.300.007(O); and 5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Section 20.300.007(D)(l)(d), Section 20.300.007(J)(3), and Section 20.300.007(H)(2); and existing cemeteries are limited to Section 20.300.007(O). 6. Any project, subject to this ordinance, with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D of the State of California model water efficient landscape ordinance. 7. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5) of the State of California model water efficient landscape ordinance. 8. Exceptions. The standards of this section do not apply to landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system. Chapter 20.320 Nonconforming Uses, Structures and Lots 20.320.004 Alterations and Enlargements to Nonconforming Structures Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions: A. Additions to and/or enlargements of nonconforming structures are allowed, and no Use Permit is required, if the addition or enlargement complies with all applicable laws and if the existing use of the property is conforming except as provided for in this chapter. B. Additions or enlargements may be made to a building that is designed for and used as a residence without requiring any additional parking space or changes to an existing driveway provided that such alterations or enlargements neither trigger the need for additional parking pursuant to Chapter 20.330 (“On-Site Parking and Loading”), nor occupy the only portion of a lot that can be used for required parking or access to parking. C. Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.035 (“Accessory Dwelling Units”) and State law may be developed on a lot that contains a single-unit or multiple-unit residential dwelling that is nonconforming with respect to standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, an accessory dwelling unit may be established when parking for the primary dwelling unit is provided to meet the applicable requirements of Chapter 20.330 (“On-Site Parking and Loading”). Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts. D. Additions or enlargements that horizontally extend a nonconforming yard or height or an alteration of a portion of a residential building that encroaches into a nonconforming yard or which extends above the permitted height may be authorized subject to the approval of a Minor Use Permit. The Chief Planner may only approve such alterations or enlargements if the use of the property is conforming and if the alteration/enlargement would not: 1. Further reduce any existing nonconforming yard provided that no setback shall be less than three feet in a residential district; 2. Exceed applicable building height limits; 3. Further reduce existing nonconforming lot coverage or floor area ratio requirements; 4. Occupy the only portion of a lot that can be used for required parking or access to parking when existing parking does not meet the requirements of this Ordinance for the current or proposed use of the structure; and 5. Be detrimental to the light, views, or privacy of the adjacent neighbor. E. Additions to or enlargements of nonconforming structures that exceed the maximum allowable lot coverage require approval of a variance pursuant to the provisions of Chapter 20.500 (“Variances”) if the addition or enlargement would increase the coverage of the subject property. (Ord. 1599 § 2, 2020; Ord. 1544 § 2, 2017; Ord. 1432 § 2, 2010) SECTION V. Chapter 20.330 On-Site Parking and Loading 20.330.002 Applicability . . . . . . C. Additions and Alterations to Existing Dwelling Units. Parking shall be provided according to the provisions of this chapter based on the total resultant square footage. When an addition is proposed to an existing dwelling unit that does not provide parking in compliance with this chapter, the following regulations apply: 1. Single Unit Dwellings. a. If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 1,500 square feet of gross habitable floor area and not more than three bedrooms may be permitted. b. If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,800 hundred square feet of gross habitable floor area and a maximum of three bedrooms per dwelling unit shall be permitted. 2. Multiple-Unit Residential Dwellings. a. If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 800 square feet of gross habitable floor area and not more than one bedroom may be permitted. b. If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,100 hundred square feet of gross habitable floor area and a maximum of two bedrooms per dwelling unit shall be permitted. . . . . . . Table 20.330.004 Required On-Site Parking Spaces Land Use Classification Required Parking Spaces Residential Use Classifications Single-Unit, Detached or Attached Less than 2,500 square feet and 4 or fewer bedrooms 2 spaces per dwelling unit General Requirements for all Single-Unit Residential Parking: At least one space must be within a garage. 2,500 to 2,999 square feet or 5 bedrooms 3 spaces per dwelling unit Land Use Classification Required Parking Spaces 3,000 square feet or more or 6 or more bedrooms 4 spaces per dwelling unit A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multiple-Unit Residential Studio and less than 500 sq. ft. 1 space per unit General Requirements for all Multiple-Unit Residential Parking: One covered space shall be designated for each unit. One additional guest parking space must be provided for every 4 units for projects greater than 10 units. One-bedroom (up to 1,100 sq. ft.) 1.5 spaces per unit Two-bedroom (up to 1,100 sq. ft.) 1.8 spaces per unit Three or more bedrooms and 1,101 sq. ft. or larger 2 plus an additional .5 space for each additional sleeping room over 3 Small Family Day Care None in addition to what is required for the residential use. Large Family Day Care 1 per employee plus an area for loading and unloading children, on- or off-site. (Required spaces and the residential driveway for the primary residential use may be counted toward meeting these requirements.) Elderly and Long-Term Care 1 for every 7 residents plus 1 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. Group Residential 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee. Mobile Home Park 2 on-site spaces for each dwelling unit. At least one required space must be in a carport or garage. Residential Care, Limited None in addition to what is required for the residential use. Residential Care, General 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee. Residential Care, Senior 1 for every 7 residents plus 1 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. . . . . . . Table 20.330.007 Required Parking Spaces, Downtown Districts Land Use Classification Required Parking Spaces Single-Unit, Detached or Attached Less than 900 sq. ft. and less than 3 bedrooms 1 space per dwelling unit, 2 spaces maximum per unit General Requirements for all Single- Unit Residential Parking**: For new construction, required parking up to 2 spaces must be within a garage. For existing development, all existing garage spaces, up to a maximum of 2 spaces, must be maintained. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 900 to 2,500 sq. ft. or 3 or 4 bedrooms 2 spaces per dwelling unit, minimum and maximum per unit 2,501 sq. ft. or more than 4 bedrooms 3 spaces per dwelling unit, minimum and maximum per unit Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multiple-Unit Residential Studio and less than 500 sq. ft. 1 space per unit maximum General Requirements for all Multiple- Unit Residential Parking**: One covered space shall be designated for each unit. One-bedroom (up to 1,100 sq. ft.) 1 space minimum, 1.5 spaces maximum per unit Two-bedroom (up to 1,100 sq. ft.) 1.5 spaces minimum, 1.8 spaces maximum per unit Three or more bedrooms and 1,101 sq. ft. or larger 1.5 spaces minimum, 2 spaces maximum per unit Lodging SECTION VI. Chapter 20.350 Standards and Requirements for Specific Uses and Activities Section 20.350.035 Accessory Dwelling Units A permit shall be issued as a ministerial matter without discretionary review or hearing for an accessory dwelling unit within 60 days of receiving a complete application if there is an existing single-unit or multiple-unit residential dwelling on the lot and if the requirements of this Chapter (“Accessory Dwelling Units”), other requirements of the Zoning Ordinance, and other applicable City codes are met. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-unit or multiple-unit residential dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single-unit or multiple-unit residential dwelling is approved. A. Location. Accessory dwelling units may be established on any lot in any district where single-unit and/or multiple-unit residential dwellings are permitted or conditionally permitted, and a single-unit or multiple-unit residential dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwelling unit. B. Type of Unit. An accessory dwelling unit shall provide separate, independent living quarters for one or more persons. An accessory dwelling unit may be one of the following: 1. Attached accessory dwelling unit: Added to a primary single-unit dwelling unit, typically to the side or rear, that is either newly constructed or an expansion of existing structure that is not a converted accessory dwelling unit as defined herein. 2. Detached accessory dwelling unit: A freestanding structure that is newly constructed, demolished and reconstructed, or an expansion of an existing freestanding structure that is not a converted accessory dwelling unit as defined herein. Detached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection (C) below. 3. Converted accessory dwelling unit: Located within the physical dimensions of an existing or proposed single-unit dwelling (with exterior access therefrom) or an existing accessory structure, or within the non-livable area in an existing multiple-unit residential dwelling structure. Modifications to building footprints and physical dimensions are not permitted for converted accessory dwelling units within an existing or proposed single-unit dwelling or existing accessory structure, except where necessary to accommodate ingress and egress or habitability requirements under applicable building code provisions. In such instances, an expansion of up to 150 square feet would be permitted as long as the side and rear setbacks are sufficient for fire and safety. C. Number of Units Allowed. 1. Single-Unit Lot: On a lot with an existing or proposed single-unit dwelling, one accessory dwelling unit, of any type, and one junior accessory dwelling unit shall be permitted. 2. Multiple-Unit Residential Lot. a. Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multiple-unit residential dwelling. Within an existing multiple-unit residential dwelling structure, converted accessory dwelling units shall be permitted up to 25 percent of the existing number of units or one unit, whichever is greater. Such converted accessory dwelling unit shall only be permitted within the portions of the structure that is not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code. b. If there are existing accessory structures on a lot with an existing or proposed multiple-unit residential dwelling, converted accessory dwelling units may be permitted within all such existing accessory structures provided that the lot does not otherwise contain one or more proposed or existing accessory dwelling unit permitted under subsection (C)(2)(a) above, and that the converted accessory dwelling units meet the requirements of subsection (B)(3) above, the development standards of the zoning district in which the property is located, and all other applicable requirements of this chapter. D. Development Standards. Accessory dwelling units shall conform to the specific development standards set forth below and, unless specified otherwise below, shall comply with the landscaping, lot coverage, and other zoning requirements of the zoning district in which the site is located; other applicable development standards in this chapter; other requirements of the zoning ordinance; and other applicable City building, electrical, fire, utility and structural safety codes. 1. Setbacks. The minimum street side, interior side, and rear yard setbacks for accessory dwelling units shall be as follows: a. Detached accessory dwelling unit: 4 feet b. Attached accessory dwelling unit: 4 feet 2. Separation between units. The distance between an accessory dwelling unit to the rear of the primary dwelling and any other existing proposed structures on the lot, inclusive of eaves, as applicable, shall be as follows: a. Detached accessory dwelling unit: 6 feet b. Attached accessory dwelling unit: 6 feet 3. Height. The maximum height for an accessory dwelling unit shall be as follows: a. Detached accessory dwelling unit: one story, up to 16 feet b. Attached accessory dwelling unit: the height requirements of the zoning district where the site is located 4. Entry and Exterior Access. Each accessory dwelling unit shall have a separate entry or exterior door access from the primary unit. Where possible, the exterior entry for an attached accessory dwelling unit or an accessory dwelling unit located within an existing single-unit dwelling shall not be located adjacent to the primary front door of the primary dwelling unit. 5. Development standards described in this chapter and elsewhere in the zoning ordinance shall be waived for: a. Converted accessory dwelling units located on single-unit dwelling lots; b. Attached or Detached accessory dwelling units that have a maximum size of 800 square feet with at most 16 feet in height, does not exceed 4-foot side and rear yard setbacks, and located on single-unit dwelling lots; c. Converted accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as set forth in subsection (C)(2)(a) above; and d. Detached accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as permitted by subsection (C)(2)(a) above, provided that such units have a maximum height of 16 feet and 4-foot rear and side yard setbacks. However, the foregoing accessory dwelling units shall continue to comply with applicable building, electrical, fire, utility and structural safety codes for the issuance of a City building permit. E. Maximum Floor Area. 1. Attached Accessory Dwelling Unit. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary unit or 800 square feet, whichever is greater, with a maximum allowable floor area of 1,000 square feet. 2. Detached Accessory Dwelling Unit. The total floor area of a detached accessory dwelling unit shall not exceed 1,000 square feet. F. Architectural Compatibility. Except as provided in subsection (D) above, an accessory dwelling unit shall be designed and constructed according to the following: a. Detached accessory dwelling unit: the design shall incorporate the same aesthetic elements and structural design of the existing or proposed single unit or multiple-unit residential dwelling in terms of roofing, siding materials and color, as applicable. b. Attached accessory dwelling unit: the design shall be integrated with the design of the existing or proposed single-unit dwelling by use of similar exterior wall materials, identified color tones, window types and styles, door and window trims, roofing materials and roof pitch, as applicable. G. Parking. One independently usable on-site parking space shall be provided for each accessory dwelling unit or bedroom, whichever is less, unless the accessory dwelling unit meets any of the following criteria, in which case no parking spaces shall be required: 1. Within a half-mile walking distance of public transit; 2. Within an architecturally and historically significant historic district, as determined by the Chief Planner; 3. Is an accessory dwelling unit described in Section 20.350.035 (D)(5); 4. Is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or 5. Within one block of a car share area. If a space is required, it shall be provided in addition to the required parking for the primary single-unit or multiple-unit residential dwelling and shall comply with all development standards set forth in Chapter 20.330 (“On-Site Parking and Loading”). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single-unit or multiple-unit residential dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. H. Code Compliance. An accessory dwelling unit shall comply with all applicable provisions of the South San Francisco Municipal Code relating to health, welfare, public peace and safety, in effect at the time of approval of the building permit, and as follows: 1. If the proposed accessory dwelling unit is attached or within the primary dwelling unit, the primary unit must comply with all building, electrical, plumbing, and housing code requirements in effect at the time the building permit is issued for the accessory dwelling unit. 2. Products of combustion detectors shall be required for each primary and accessory dwelling unit. 3. Delay of Enforcement of Building Standards. a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020 may submit an application to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. b. The Chief Building Official shall grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official shall consult with the Fire Marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. d. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This section shall remain in effect until January 1, 2035 or, if such date is further extended by state law, until that extended date, and as of that date thereafter is repealed. I. Use Limitation. 1. An accessory dwelling unit may be rented separate from a primary single-unit or multiple-unit residential dwelling but may not be sold or otherwise conveyed separately from the primary unit. 2. An accessory dwelling unit shall not be used for rentals of terms shorter than 30 days. J. Deed Restrictions. Prior to obtaining a building permit for an accessory dwelling unit, a deed restriction, approved as to form and content by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: 1. The accessory dwelling unit cannot be sold separately. 2. The accessory dwelling unit cannot be used for rentals for terms shorter than 30 days. 3. The accessory dwelling unit is restricted to the maximum size allowed per the requirements of this chapter. 4. The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner including revocation of any right to maintain an accessory dwelling unit on the property. K. Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit dwelling within the existing footprint. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 1. Development Standards. Junior accessory dwelling units shall comply with the following standards: a. Number of Units Allowed. Only one junior accessory dwelling unit may be located on any lot in any district where single-unit dwellings are permitted or conditionally permitted. A junior accessory dwelling unit may only be combined with an accessory dwelling unit that conforms to the development standards in this chapter. b. Location. A junior accessory dwelling unit may only be located on a lot where a single-unit dwelling has been previously constructed or is proposed to be constructed in conjunction with construction of a junior accessory dwelling unit. A junior accessory dwelling unit must be created within the walls of an existing or proposed single-unit dwelling. c. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, the exterior entry for a junior accessory dwelling unit shall not be located adjacent to the primary front door of the primary dwelling unit. d. Interior Entry Required. If a junior accessory dwelling unit is constructed without a separate sanitation facility, the unit shall have interior doorway access to the primary dwelling unit. e. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink; ii. A cooking facility with appliances; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. f. Minimum and Maximum Floor Area. The minimum total floor area of a junior accessory dwelling unit shall be at least the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code but shall not exceed a maximum of 500 square feet of floor area. 2. Parking. No additional parking shall be required. 3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling unit or the accessory dwelling unit. 4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. No Short Term Rental. A junior accessory dwelling unit shall not be used for rentals of terms shorter than 30 days. 6. Deed Restriction. Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; b. The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; c. The junior accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property; d. The junior accessory dwelling unit shall not be used for rentals for terms shorter than 30 days. e. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. L. Utilities and Impact Fees. 1. No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property. 2. For all utility services other than sewer services, only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to have a new or separate utility connection between the accessory dwelling unit and a utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values, as applicable for the utility. Separate electric and water meters shall be required for the accessory dwelling unit. For sewer services, the number of sewer laterals/connections to the City’s wastewater collection system shall comply with Section 14.14.040 of this Code and only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to pay a sewer capacity charge, the amount of which shall be proportionate to the size in square feet of the accessory dwelling unit or its DFU values. 3. Impact Fees. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit, in accordance with the then most current applicable fee schedule as adopted by the City Council. Section 20.350.040 Short-Term Vacation Rentals Short-term vacation rental uses shall be located, developed, and operated in compliance with the following standards: A. Type of Residence. Must be located and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 and 20.630, and Section 20.350.035 of this Code. Section 20.350.010 Bed and Breakfast Lodging Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards: A. Type of Residence. Must be located, developed and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 and 20.630, and Section 20.350.035 of this Code. SECTION VII. Chapter 20.620 Use Classifications 20.620.002 Residential Use Classifications . . . . . . Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with a primary, single-unit, or multiple-unit residential dwelling. An accessory dwelling unit may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same lot. 20.630.002 Definitions . . . . . . Dwelling Unit, Accessory. An attached, detached, or converted residential unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single-unit or multiple-unit residential dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single- or multi-unit dwelling is or will be situated. See also Section 20.350.035 (“Accessory Dwelling Units”). 3723259.8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-645 Agenda Date:9/8/2021 Version:1 Item #:10. Report regarding a resolution awarding a construction contract to Golden Bay Construction,Inc.of Hayward, California for the 2021 Concrete and Green Infrastructure Project (No.st2203,Bid No.2653)in an amount not to exceed $986,622,authorizing a total construction contract authority budget of $1,231,622,and authorizing the City Manager to execute the agreement on behalf of the City. (Angel Torres, Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Golden Bay Construction,Inc.of Hayward,California for the 2021 Concrete and Green Infrastructure Project (No.st2203,Bid No.2653)in an amount not to exceed $986,622,authorizing a total construction contract authority budget of $1,231,622,and authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND/DISCUSSION On June 24,2021,the City received three (3)bid proposals for the 2021 Pavement Rehabilitation project (CIP ST2106)that included both the hardscape concrete improvements and the street pavement rehabilitation work as one project. On July 14,2021,City Council approved,by motion,the rejection of all three bids received due to irregularities in the proposals received and for to revisit the details of the project and potentially makes changes to its scope. Subsequently,staff separated the hardscape improvements from street improvements,re-advertised the hardscape project to solicit more bids from specialized general contractors,and realize potential savings on the markup costs of managing subcontractors.In addition,the hardscape improvements will be constructed in the 2021 season. The current timeframe for completing the hardscape improvements allows for the Rubberized Pavement Rehabilitation project to be completed in 2022 and for the City to submit the final CalRecycle grant reimbursement invoice prior to April 2023,as required by the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program. The 2021 Concrete and Green Infrastructure Project will install ADA compliant concrete curb ramps at approximately 88 locations prior to the rubberized pavement rehabilitation project scheduled for 2022.ADA compliant curb ramp installations are located along sections of:Railroad Avenue,First Avenue,Second Avenue, Third Avenue,Fourth Avenue,Orange Avenue,Magnolia Avenue,Pine Terrace and along Maple Avenue as identified in the attached vicinity map (Attachment 1). The scope of the concrete improvement work consists of replacement of existing,non ADA compliant concrete curb ramps with ADA compliant curb ramps,replacement of sections of existing fractured or settled concrete valley gutter,replacement of existing fractured or settled curb and gutter,adjustments to existing drain inlets and underground lines,protection of existing survey monuments within concrete improvement work,and reinstallation of traffic striping and pavement markings removed as part of the concrete work within the limits City of South San Francisco Printed on 9/3/2021Page 1 of 5 powered by Legistar™ File #:21-645 Agenda Date:9/8/2021 Version:1 Item #:10. of the upcoming rubberized pavement rehabilitation work. The project also includes storm drain green infrastructure improvements at Magnolia and Palm Avenue.The project will address sections of existing concreted areas impacted by Magnolia trees that have outgrown the sidewalk area causing damage to adjacent sidewalk,curb,gutter,asphalt pavement and underground utilities. The project will be replacing the impacted concrete areas with a combination of permeable pavers and bioretention tree wells to help support installation of new trees that are replacing existing Magnolia trees. The project will also be reconstructing a section of Fourth Lane at Spruce Ave to improve the surface drainage and adjacent pavement. Provisions in the contract specifications have been established so that the Contractor is responsible for delivering advance notification to residents in the neighborhoods directly impacted by the proposed improvements.This work will result in temporary street parking impacts and limited access as work is underway.Temporary “No Parking”signs will be placed on the streets by the Contractor noticing impacted sections during construction. 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 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 City of South San Francisco Printed on 9/3/2021Page 2 of 5 powered by Legistar™ File #:21-645 Agenda Date:9/8/2021 Version:1 Item #:10. 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 provide 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 City of South San Francisco Printed on 9/3/2021Page 3 of 5 powered by Legistar™ File #:21-645 Agenda Date:9/8/2021 Version:1 Item #:10. 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 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: 2021 Concrete and Green Infrastructure Project, ST2203, Bid No. 2653. The current project falls under Procurement Type 1: Competitive Bidding for Construction Projects. Staff advertised a notice inviting bids for the project on August 12,2021,and August 17,2021.On August 27, 2021,staff received ten (10)bid proposals in response to the notice inviting bids.Staff reviewed all bid proposals and identified that the lowest responsible bidder was Golden Bay Construction,Inc.of Hayward, California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. The following is a summary of all bids received: Contractor "Base Bid" Schedule (Contract Award Based on "Base Bid" Total)Results 1 Golden Bay Construction, Inc.$986,622.00 2 JJR Construction, Inc.$1,089,073.29 3 Bauman Landscape & Construction $1,099,762.00 4 RK Engineering, Inc.$1,122,288.00 5 Terramark General Engineering Contractors, Inc.$1,163,136.00 6 Sposeto Engineering, Inc.$1,237,787.40 7 Kerex Engineering $1,333,539.00 8 Interstate Grading & Paving, Inc $1,356,915.00 9 CF Contracting, Inc.$1,537,573.00 10 FBD Vanguard Construction, Inc.$1,839,847.00 Engineers Estimate $1,185,650.00 City of South San Francisco Printed on 9/3/2021Page 4 of 5 powered by Legistar™ File #:21-645 Agenda Date:9/8/2021 Version:1 Item #:10. The project was advertised with a “Base Bid”schedule only.The selection of award of a contract is based on the lowest responsive bid for the Base Bid schedule. The project budget is: Golden Bay Construction, Inc. Construction Contract $986,622.00 Construction Contingency (25%) $245,000.00 Total Project Budget $1,231,622.00 The construction contingency will be used for any additional costs related to design changes during the construction operations.There are no Disadvantaged Business Enterprise (DBE)requirements since no federal funds are being utilized on the project. FUNDING This project (No.st2203)is included in the City of South San Francisco’s fiscal year 2021-2022 Capital Improvements Program.There are sufficient funds in FY 2021-2022 to cover the total construction contract costs. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Awarding the construction contract to Golden Bay Construction,Inc.of Hayward,California,for the 2021 Concrete and Green Infrastructure Project will reestablish the useful life of the curb ramps in advance of the pavement rehabilitation project. Attachments: 1.Vicinity Map 2.Presentation City of South San Francisco Printed on 9/3/2021Page 5 of 5 powered by Legistar™ City of South San Francisco 2021 Concrete And Green Infrastructure Project Department of Public Works CIP ST2203 Engineering Division Attachment 1 – Vicinity Map - ADA Compliant Curb Ramp - Future Pavement Rehabilitation N Pavement Management Program 2021 Concrete and Green Infrastructure Project ST2203 September 8, 2021 AGENDA 2021 ADA Curb Ramp Rehab Locations Proposed Improvements Procurement Method Contractor Bids Project Budget Q & A 2 Vicinity Map 3 Curb Ramp Replacement 4 After Construction: Curb Ramps During Construction: Curb Ramps Procurement Method 5 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.) Contractor Bids 6 Contractor "Base Bid" Schedule (Contract Award Based on "Base Bid" Total)Results 1 Golden Bay Construction, Inc.$986,622.00 2 JJR Construction, Inc.$1,089,073.29 3 Bauman Landscape & Construction $1,099,762.00 4 RK Engineering, Inc.$1,122,288.00 5 Terramark General Engineering Contractors, Inc.$1,163,136.00 6 Sposeto Engineering, Inc.$1,237,787.40 7 Kerex Engineering $1,333,539.00 8 Interstate Grading & Paving, Inc $1,356,915.00 9 CF Contracting, Inc.$1,537,573.00 10 FBD Vanguard Construction, Inc.$1,839,847.00 Engineers Estimate $1,185,650.00 Project Budget 7 Construction Contract $986,622.00 Construction Contingency (25%)$245,000.00 Total Construction Contract Authority Budget $1,231,622.00 Thank you! 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-646 Agenda Date:9/8/2021 Version:1 Item #:10a. Resolution awarding a construction contract to Golden Bay Construction,Inc.of Hayward,California for the 2021 Concrete and Green Infrastructure Project (No.st2203,Bid No.2653)in an amount not to exceed $986,622,authorizing a total construction contract authority budget of $1,231,622,and authorizing the City Manager to execute the agreement on behalf of the City. WHEREAS,the 2021 Concrete and Green Infrastructure Project (“Project”)will install ADA compliant concrete curb ramps at approximately 88 locations ahead of the upcoming rubberized pavement rehabilitation project; and WHEREAS,the City issued a notice inviting bids for the project on August 12,2021,and August 17,2021,and received ten bid proposals in response; and WHEREAS,Golden Bay Construction,Inc.of Hayward,California was the lowest responsible bidder and provided competitive unit prices; and WHEREAS,staff recommends awarding the construction contract to Golden Bay Construction,Inc.of Hayward, California in an amount not to exceed $986,622, which is the total for the base bid schedule; and WHEREAS,staff also requests the City Council to authorize a construction contract budget of $986,622,with additional $245,000 contingency, totaling a construction budget of $1,231,622 for the Project; and WHEREAS,the Project is included in the City of South San Francisco’s fiscal year 2021-2022 Capital Improvement Program (Project No.st2203)with sufficient funds in fiscal year 2021-2022 to cover the total construction contract authority costs; and WHEREAS,this project is funded through the bond measure with funds allocated to this project in fiscal year 2021-2022. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto and incorporated herein as Exhibit A,for the 2021 Concrete and Green Infrastructure Project to Golden Bay Construction,Inc.of Hayward,California,in an amount not to exceed $986,622 conditioned on Golden Bay Construction,Inc.’s timely execution of the Project contract and submission of all required documents,including but not limited to, certificates of insurance and endorsement, in accordance with the Project documents. City of South San Francisco Printed on 9/9/2021Page 1 of 2 powered by Legistar™ File #:21-646 Agenda Date:9/8/2021 Version:1 Item #:10a. BE IT FURTHER RESOLVED the City Council authorizes a total construction project budget of $1,231,622 and authorizes the City Manager to utilize unspent amount of the total project budget,if necessary,towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Golden Bay Construction,Inc.of the signed contract 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 resolution. ***** City of South San Francisco Printed on 9/9/2021Page 2 of 2 powered by Legistar™ Page A-1 of 12 EXHIBIT A – DRAFT FORM OF AGREEMENT FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and GOLDEN BAY CONSTRUCTION, INC., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the 2021 CONCRETE AND GREEN INFRASTRUCTURE PROJECT; NO.ST2203; BID NO. 2653 in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Addendum 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (C) Part I – Submitted Proposal (as accepted) (D) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (E) Part II – General Conditions (G) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) dated April 19, 2019 (H) Part IV – Project Plans, approved MONTH X8, 2021 (I) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 19, 2019 All rights and obligations of City and Contractor are fully set forth and describ ed in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: the 2021 CONCRETE AND GREEN INFRASTRUCTURE PROJECT; NO.ST2203; BID NO. 2653 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of __________________________________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for Page A-3 of 9 such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after a ll just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. Page A-4 of 9 (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX- 2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contr actor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX -2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. Page A-5 of 9 (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX -7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Page A-6 of 9 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Page A-7 of 9 Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy Page A-8 of 9 includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self -insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self -insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A 9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. Page A-9 of 9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-626 Agenda Date:9/8/2021 Version:1 Item #:11. Report regarding a resolution amending the Parks and Recreation Department’s position budget for Fiscal Year 2021-22.(Greg Mediati, Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council approve a resolution amending the Parks and Recreation Department’s position budget for Fiscal Year 2021-22. BACKGROUND/DISCUSSION The Parks and Recreation Department is comprised of 150.74 full-time equivalent staff positions,including 79 full time staffers and over 400 hourly employees that serve the community through high-quality enrichment and recreational offerings and maintenance operations.As the Department is largely tasked with direct customer service,76%of the Department’s $16.7 million operating budget is dedicated to payroll;program delivery without this corps of dedicated staff members would be infeasible. The Department’s current organizational structure includes an Administrative Division,consisting of business services and departmental leadership;a Recreation Division consisting of several discrete program areas (Cultural Arts,Facility Rentals,Sports,Childcare,Senior Services,Classes,Special Events,and Aquatics),and the Parks Division and the Facility Maintenance Division,each responsible for the safe and sustainable operation of over 300 acres of parks and open space areas and over 500,000 square feet of occupied civic buildings. In March 2020,due to the anticipated economic downturn resulting from the COVID-19 pandemic,the City established a temporary hiring freeze for all vacant positions within the City.Following direction from City Council,vacant positions were authorized to fill on a case-by-case basis,where it was determined necessary in order to continue essential operations and respond to emergency needs related to the COVID-19 pandemic. This strategy allowed the City to retain current staff while implementing a temporary reduction in payroll expenditures by leaving vacant positions unfilled.Within the Department,there currently are the following frozen positions: ·Parks and Recreation Director (Sharon Ranals is dual hatted as Assistant City Manager and Parks and Recreation Director, but paid only as the Assistant City Manager) ·Business Manager ·Administrative Assistant II ·Building Maintenance Custodian ·Arborist Technician Fortunately,due to rebounding tax revenues and funds projected to be gained through the Oyster Point Community Facility District (CFD),Parks and Recreation staff,in coordination with the City Manager have studied existing and projected operational changes and prioritized several positions for restoration and creation. The following positions will be administratively unfrozen and do not require City Council action as they are City of South San Francisco Printed on 9/3/2021Page 1 of 3 powered by Legistar™ File #:21-626 Agenda Date:9/8/2021 Version:1 Item #:11. currently within the Department’s position budget. ·Parks and Recreation Director (in anticipation of potentially filling this position sometime this fiscal year). ·Business Manager ·Building Maintenance Custodian General Fund Position Budget Requests The additional positions identified below have been prioritized and do require City Council authorization to be added to the position budget.Estimated expenses for these positions for the fiscal year assume the staffer will be on-boarded mid-year, however these will be adjusted based on actual conditions. Position Estimated cost for FY21/22 Cost FY 22/23 Building Maintenance Stationary Engineer $ 97,522 $195,044 Recreation Supervisor - Childcare $ 84,117 $168,234 Total $181,639 $363,278 The Building Maintenance Stationary Engineer is a new position anticipated to be a management level employee responsible for the care and management of complex mechanical and building systems,and will serve as the commissioning agent for the new Police Headquarters,Library /Parks and Recreation Center, Carter Park Preschool,and all new facility development projects.It is envisioned that the creation of this position will also establish a supervisor level employee to oversee skilled craftswork and carpentry and contractual building systems support (i.e.HVAC and other complex building systems preventative maintenance and repairs),allowing the existing Building Maintenance Supervisor tasked with this to focus more on custodial maintenance for the growing inventory of municipal building areas. The additional Recreation and Community Services Supervisor will allow for the division of the current Childcare program area into two distinct programs:a Preschool Program and a School-Aged Youth Services Program (i.e.after school learning and enrichment programs and summer camp).In the past 10 years,the Childcare Program has grown significantly -with an operating budget growing from $1.7 million in 2011,to over $3.8 million in 2021 -more than double.In this same time,the program has grown from 800 children served to over 1,400,prior to public health and safety enrollment limitations driven by COVID-19.The program currently has 150 staff under one Recreation Supervisor, a far reaching span of control. Oyster Point Community Facility District Position Budget Requests Understanding the critical need to maintain the new park at Oyster Point at a high level,which will become a City maintenance obligation at the terminus of construction in early 2022,several Park Maintenance Worker positions are being requested. Position Estimated cost for FY21/22 Cost FY 22/23 Lead Park Maintenance Worker $ 69,583 $139,166 Senior Park Maintenance Worker $ 64,246 $128,492 Park Maintenance Worker $ 61,030 $122,060 Total $194,859 $389,718 The Lead Park Maintenance Worker will be responsible for skilled maintenance and repair work at Oyster Point,which consists of nearly 30 acres of new parks and right-of-way areas,including commissioning, maintenance and repairs of irrigation systems,park furnishings,trails,and plant material.The Lead Maintenance Worker will provide field supervision for a Senior Park Maintenance Worker,who will be tasked City of South San Francisco Printed on 9/3/2021Page 2 of 3 powered by Legistar™ File #:21-626 Agenda Date:9/8/2021 Version:1 Item #:11. Maintenance Worker will provide field supervision for a Senior Park Maintenance Worker,who will be tasked with progressively more skilled maintenance activities,and one entry-level Park Maintenance Worker who will perform more basic maintenance functions. Additional budget will be needed for maintenance material costs,fleet,specialized services such as environmental monitoring,utilities,and Public Works Maintenance staff.These costs are still being evaluated and may be added at mid-year or in FY22-23 once true costs are better known. Oyster Point CFD Cash Flow Projections The following table illustrates the projected cash flow by fiscal year for the newly established Oyster Point CFD.The full revenue potential of the CFD is not expected to be realized until FY27-28.The projected annual shortfall in expenses will be absorbed by the General Fund or reserves,which will be more closely evaluated at mid-year. OPD CFD Cash flow Fiscal Year Total Phase I 22-23 $231,000 Phase II 24-25 $564,000 Phase III 26-27 $721,000 Phase IV 27-28 $896,000 Over the next several months,staff will continue studying current and projected staffing needs for both General Fund and CFD areas of responsibility,and may present additional position requests and restorations of frozen positions before the City Council as revenues allow. FISCAL IMPACT The estimated total cost for this staffing proposal is estimated to be $376,500 for the balance of the fiscal year. The Department’s Operating Budget presently has ample funding to absorb this expense until additional budget is authorized at the mid-year budget adjustment period in early 2022. RELATIONSHIP TO STRATEGIC PLAN This action supports City Council’s strategic priority of “Workforce Development”by attracting and retaining a high performance workforce and ensuring that positions are allocated to the appropriate classification in order to hire employees with the skills and experience necessary for successful performance of duties,and “Quality of Life” as it supports the City’s mission to provide high quality parks and recreation programs for residents. CONCLUSION Staff recommends the City Council authorize amending the Parks and Recreation Department’s position budget in order to ensure appropriate staffing as detailed above with the inclusion of an additional Building Maintenance Stationary Engineer,Recreation and Community Services Supervisor,Lead Park Maintenance Worker, Senior Park Maintenance Worker, and Park Maintenance Worker. City of South San Francisco Printed on 9/3/2021Page 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 #:21-627 Agenda Date:9/8/2021 Version:1 Item #:11a. Resolution amending the Parks and Recreation Department’s position budget for Fiscal Year 2021-22. WHEREAS,the Parks and Recreation Department is comprised of 150.74 full-time equivalent staff positions, including 79 full time staff and over 400 hourly employees that serve the community through high-quality enrichment and recreational offerings and maintenance operations; and WHEREAS,the Department’s current organizational structure includes an Administrative Division,consisting of business services and departmental leadership;a Recreation Division consisting of several discrete program areas (Cultural Arts,Facility Rentals,Sports,Childcare,Senior Services,Classes,Special Events,and Aquatics),and the Parks Division and the Facility Maintenance Division,each responsible for the safe and sustainable operation of over 300 acres of parks and open space areas and over 500,000 square feet of occupied civic buildings; and WHEREAS within the Department,there currently are the following frozen positions:Business Manager, Administrative Assistant II, Building Maintenance Custodian and Arborist Technician; and WHEREAS,the following positions will be administratively unfrozen and do not require City Council action as they are currently within the Department’s position budget:Parks and Recreation Director,Business Manager, and Building Maintenance Custodian; and WHEREAS,a Building Maintenance Stationary Engineer,Recreation and Community Services Supervisor, Lead Park Maintenance Worker,Senior Park Maintenance Worker,and Park Maintenance Worker have been prioritized and do require City Council authorization to be added to the position budget; and WHEREAS,operating budget for the aforementioned positions will be assessed and evaluated for inclusion in the Department’s Operating Budget at mid-year or in the 2022-23 Fiscal Year. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby authorizes the amendment of the Parks and Recreation Department’s position budget to add a Building Maintenance Stationary Engineer,Recreation and Community Services Supervisor,Lead Park Maintenance Worker, Senior Park Maintenance Worker, and Park Maintenance Worker. ***** City of South San Francisco Printed on 9/9/2021Page 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 #:21-639 Agenda Date:9/8/2021 Version:1 Item #:12. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(4)) Initiation of Litigation: One potential case (Sky Woodruff, City Attorney and Christina Fernandez, Assistant to the City Manager) City of South San Francisco Printed on 9/3/2021Page 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 #:21-699 Agenda Date:9/8/2021 Version:1 Item #:13. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case (Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human Resources Director) City of South San Francisco Printed on 9/3/2021Page 1 of 1 powered by Legistar™