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HomeMy WebLinkAbout01.12.22@600 Regular CCWednesday, January 12, 2022 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING Zoom Link: https://ssf-net.zoom.us/j/87187880584 City Council Regular Meeting Agenda January 12, 2022City Council Regular Meeting Agenda TELECONFERENCE 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 Addiego, Vice Mayor Nicolas and Mayor Nagales and essential City staff will participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Page 2 City of South San Francisco Printed on 3/16/2022 January 12, 2022City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/87187880584 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,87187880584# or +12532158782,,87187880584# 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: 871 8788 0584 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: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:00 p.m. on the meeting date. Use the eComment portal by clicking on the following link : https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 871 8788 0584. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,87187880584# or +12532158782,,87187880584# 2) Online at: https://ssf-net.zoom.us/j/87187880584 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. Page 3 City of South San Francisco Printed on 3/16/2022 January 12, 2022City 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 NAGALES, Mayor (District 2) BUENAFLOR NICOLAS, Vice Mayor (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) MARK ADDIEGO, 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 3/16/2022 January 12, 2022City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Certificate congratulating City Clerk Govea Acosta for achieving her Master Municipal Clerk designation (MMC) from the International Institute of Municipal Clerks. (Mark Nagales, Mayor) 1. Presentation by the San Mateo County Transportation Authority on the San Mateo 101 Managed Lanes Project North of I-380 (Eunejune Kim, Public Works Director/City Engineer; Joe Hurley, San Mateo County Transportation Authority Director) 2. PUBLIC COMMENTS Submitted 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 CONSENT CALENDAR Page 5 City of South San Francisco Printed on 3/16/2022 January 12, 2022City Council Regular Meeting Agenda Motion to approve the Minutes for the meeting of October 27, 2021, November 2, 2021, November 10, 2021, November 23, 2021, November 30, 2021, December 1, 2021, and December 7, 2021. 3. Report regarding a resolution authorizing submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2021-2022 revenue budget adjustment upon receipt of funds pursuant to budget amendment 22.034. (Marissa Garren, Management Analyst I) 4. Resolution authorizing submittal of an application for Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the finance director to adjust the City’s fiscal year 2021-2022 revenue budget upon receipt of funds pursuant to budget amendment 22.034 4a. Report regarding a resolution approving the acceptance of grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation, fire mitigation and planning efforts in Sign Hill Park and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.035. (Joshua Richardson, Parks Division Manager) 5. Resolution accepting grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation, fire mitigation and planning efforts in Sign Hill Park; authorizing the City Manager to execute funding agreements and supplements; and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.035. 5a. Report regarding a resolution authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the June 7, 2022 Statewide Direct Primary Election and approving Budget Amendment 22.036. (Valerie Sommer, Library Director) 6. Resolution authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the June 7, 2022 Statewide Direct Primary Election and approving Budget Amendment 22.036. 6a. Page 6 City of South San Francisco Printed on 3/16/2022 January 12, 2022City Council Regular Meeting Agenda Report regarding a resolution authorizing the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the FY2022 - 2023 Revenue Budget upon receipt of grant award. (Valerie Sommer, Library Director) 7. Resolution authorizing the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the FY2022 - 2023 Revenue Budget upon receipt of grant award. 7a. Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.037. (Valerie Sommer, Library Director) 8. Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.037. 8a. Report regarding a resolution to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) 9. Resolution of the City Council of the City of South San Francisco declaring the continuing need for the City legislative bodies to meet remotely in order to ensure the health and safety of the public and making related findings. 9a. Report regarding an ordinance amending the South San Francisco Zoning Map (RZ18-0003) to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) 10. Ordinance amending the South San Francisco Zoning Map (RZ18-0003) to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue 10a. Page 7 City of South San Francisco Printed on 3/16/2022 January 12, 2022City Council Regular Meeting Agenda PUBLIC HEARING Report regarding a Public Hearing to receive public comment and consider approval of a resolution amending the Program Year 2021-22 Annual Action Plan (Heather Ruiz, Management Analyst II) 11. Resolution approving an amendment to the City’s Community Development Block Grant (CDBG) Program Year 2021-22 Annual Action Plan (AAP) and approving Budget Amendment #22.038 to rollover $110,000 program revenue budget to PY 2021-22 and appropriate $110,000 in CDBG funds to incorporate the AAP amendment into the Program Year (PY) 2021-22 CDBG budget. 11a. Report regarding a resolution establishing maximum sewer service rates for Fiscal Years 2022-23 through 2027-28, amending the master fee schedule to include the sewer service rates. (Mike Futrell, City Manager, Janet Salisbury, Finance Director, Eunejune Kim, Public Works Director/City Engineer, and Brian Schumacker, Water Quality Control Plant Superintendent) 12. Resolution establishing sewer service rates for fiscal years 2022-23 through 2027-2028, amending the master fee schedule to include the rates. 12a. ADMINISTRATIVE BUSINESS Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21. (Janet Salisbury, Director of Finance) 13. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21. 13a. Report regarding a motion to accept the Sanitary Sewer Pump Station No. 2 Upgrade Project (Project No. ss1702) as complete per plans and specifications (Total Construction Cost $4,982,829). (Brian Schumacker, Water Quality Control Plant Superintendent/Project Manager) 14. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Consideration of appointments to the City/County Association of Governments of San Mateo County (C/CAG) committees. Appointments will be considered at the January 13, 2022 C/CAG Board meeting. (Mark Nagales, Mayor) 15. ADJOURNMENT Page 8 City of South San Francisco Printed on 3/16/2022 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-03 Agenda Date:1/12/2022 Version:1 Item #:1. Certificate congratulating City Clerk Govea Acosta for achieving her Master Municipal Clerk designation (MMC) from the International Institute of Municipal Clerks.(Mark Nagales, Mayor) City of South San Francisco Printed on 3/16/2022Page 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 #:21-834 Agenda Date:1/12/2022 Version:1 Item #:2. Presentation by the San Mateo County Transportation Authority on the San Mateo 101 Managed Lanes Project North of I-380 (Eunejune Kim, Public Works Director/City Engineer; Joe Hurley, San Mateo County Transportation Authority Director) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ 101ManagedLanes.com U.S. 101 Managed Lanes Project North of I-380 SOUTH SAN FRANCISCO CITY COUNCIL JANUARY 12, 2022 1 101ManagedLanes.com Presentation Outline 2 •Project partners •Project timeline & recent outreach •Freeway lanes overview •Project overview 101ManagedLanes.com Project Partner Roles 3 Project Co-Sponsor Project Co-Sponsor CEQA/NEPA Lead Agency, Project Oversight 101ManagedLanes.com Part of a Larger Solution 4 101ManagedLanes.com Project Timeline 5 101ManagedLanes.com Project Timeline 6 2021 2022 2023 2024 2025 2026 2027 2028 ENVIRONMENTAL STUDIES AND PRELIMINARY DESIGN DETAILED DESIGN & COORDINATION CONSTRUCTION 2021 2022 2023 2024 2025 2026 2027 2028 101ManagedLanes.com Environmental Studies and Preliminary Design 7 JUL 21 JAN 22 JUL 22 JAN 23 JUL 23 Environmental Scoping Period 7/20-9/3/2021 Public Review of Draft EIR/EA Early 2023 Previous Public Input Opportunity Next Public Input Opportunity Perform Analysis Select Preferred Alternative, Final EIR/EA, Project Approval Summer 2023 Environmental Assessment (EA) National Environmental Policy Act Environmental Impact Report (EIR) California Environmental Quality Act 101ManagedLanes.com Public Scoping Summary 8 •California CEQA Clearinghouse •Flyers mailed to 12,075 residences and businesses (English and Spanish) •San Francisco Chronicle, San Mateo Daily Journal and El Observador ads •Caltrans and SMCTA social media •South San Francisco and Brisbane neighborhood message systems •Caltrans Email blast NOTICING COMMENTS RECEIVED •28 commenters received from mail, email, and submittal on 101ManagedLanes.com •Comments from individuals, community groups, local jurisdictions/elected officials, and the following agencies: •Native American Heritage Commission •California Department of Fish and Wildlife •California State Parks Foundation •California Highway Patrol •San Francisco International Airport 101ManagedLanes.com USPS Every Door Direct Mail 9 USPS Mail Route Received Flyer Invitation to Scoping Meeting USPS Location South San Francisco South San Francisco Matched Line Matched Line 101ManagedLanes.com Freeway Lanes 10 101ManagedLanes.com Types of Existing Lanes 1 2 3 4 Mixed-Use Lanes (All Vehicles) Auxiliary Lane11 101ManagedLanes.com Types of Managed Lanes LANEXPRESHOV (Carpool) Lane Express Lane 12 101ManagedLanes.com How Express Lanes Operate 13 •HOVs (3+) always travel for free •Others can choose to pay •Electronic toll collection •Dynamic tolls (congestion pricing) keep lane free flowing 101ManagedLanes.com Project Overview 14 101ManagedLanes.com Project Location 15 101ManagedLanes.com Project Need •Significant congestion on the corridor •Limited incentive to carpool or ride a bus. •Jobs, housing, and population growths will continue. •Congestion was bad pre-pandemic and is now returning. 16 101ManagedLanes.com Project Goals •Improve mobility along the corridor •Increase carpooling and transit use •Improve travel time reliability for managed lane users •Minimize congestion in the mixed flow lanes •Provide a connection with the new express lanes south of I-380 (under construction) •Increase the number of people served by the freeway 17 101ManagedLanes.com Alternatives Under Consideration 18 1.No Build Alternative 1 2 3 4 101ManagedLanes.com Alternatives Under Consideration 19 2.Convert a Lane Alternative (HOV or Express*) *Requires legislative change 1 2 3 4 HOV 3+ IS 3 OR MORE PERSONS PER VEHICLE PotentialAuxiliaryLane 101ManagedLanes.com Alternatives Under Consideration 20 1 2 3 4 PotentialAuxiliaryLane 5 3.Add a Lane Alternative (HOV or Express) 101ManagedLanes.com How the Preferred Alternative is Selected •Who: Project Development Team of Caltrans, SMCTA, and C/CAG •When: After all comments on the Draft EIR/EA are reviewed •Factors: Benefits, Environmental impacts, Public and agency comments, Ability to meet the project goals •Notification: The Preferred Alternative will be presented in the Final EIR/EA and a notice will be sent to all commenters that provide contact information. 21 101ManagedLanes.com Thank You Follow the proposed project at: 101ManagedLanes.com 22 Agenda Item 2. 21-834 Presentation by the San Mateo County Transportation Authority on the San Mateo 101 Managed Lanes Project North of I-380 (Eunejune Kim, Public Works Director/City Engineer; Joe Hurley, San Mateo County Transportation Authority Director) Legislation Text US 101 MLP North_SSF 011223_v7 2 Public Comments Jennifer Garstang at January 12, 2022 at 3:27pm PST Neutral I support project alternative two (2) in this presentation, which creates a managed lane by converting an existing general-purpose lane. I firmly oppose project alternative three (3) in this presentation, which would involve adding an entirely new lane to the freeway through our city. There is an enormous amount of evidence that adding lanes to roads, even managed lanes, actually increases regional and local traffic. This would mean more emissions and more pollution in our most vulnerable communities. We need to stop over-investing in automobile infrastructure and instead focus on making our transit network a viable alternative to driving. To truly accomplish the goals laid out in this presentation, regional leaders will need to take a more comprehensive and holistic approach to mobility that treats all modes of transportation as part of an interconnected network. I'm glad to see that the agencies working on this project have begun to take steps in this direction, and urge them to go all in on that approach. I also urge regional leaders and the city council to endorse the Seamless Bay Area Transit Principles to make transit fast, reliable, accessible, and affordable. The only way we can effectively combat traffic is by reducing the need for cars. Roderick Bovee at January 12, 2022 at 3:17pm PST Oppose Dear Mayor and Councilmembers, Adding a lane to 101 would 1) increase VMT and greenhouse gas emissions, 2) subject nearby residents with increased particulate generation and other pollution, and 3) waste taxpayer money. I hope you will join me in opposition. Thanks! City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-42 Agenda Date:1/12/2022 Version:1 Item #: Submitted Public Comments City of South San Francisco Printed on 3/8/2022Page 1 of 1 powered by Legistar™ Agenda Item PUBLIC COMMENTS 2 Public Comments Scott Crawford at January 12, 2022 at 2:20pm PST Neutral I live in SSF, and oppose adding a new lane to the US 101 freeway. Converting an existing lane to a managed lane is an acceptable alternative. As a general principle, I support allocating further resources towards transit infrastructure, to invest in a greener more equitable future. Guest User at January 12, 2022 at 9:37am PST Neutral Parking in the downtown area is getting worse and worse. I was home yesterday-- watched the car sweeper passed by at 8:30am. Cars was following the street sweeper to park their vehicles again. For my block this started a few years ago when two duplexes where built (four houses) in an empty lot causing more cars to park in the street. More than once my drive way is partially blocked due to a car. With more and more apartment coming to downtown this issue is only going to get worse. I hate to talk about parking permits but maybe its time. See if that helps the congestion of the street. Force people to use their garage. Maybe start with a pilot project in downtown SSF. Give one permit per household for free and additional at a fee. Maybe $20 a month. Feel free to reach out to me at thebeach98@yahoo.com if I should be reaching a different department. thanks Laura City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-12 Agenda Date:1/12/2022 Version:1 Item #:3. Motion to approve the Minutes for the meeting of October 27, 2021, November 2, 2021, November 10, 2021, November 23, 2021, November 30, 2021, December 1, 2021, and December 7, 2021. City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Councilmember Nicolas, present in Council Chambers Vice Mayor Nagales, present in Council Chambers Mayor Addiego, present in Council Chambers PLEDGE OF ALLEGIANCE Mayor Addiego led the Pledge of Allegiance. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF None. PRESENTATIONS 1. Presentation of the League of California Cities’ Helen Putnam Award for Excellence in Planning and Environmental Quality to the City of South San Francisco Parks and Recreation Department for environmental conservation programs in Sign Hill Park. (Greg Mediati, Deputy Director of Parks and Recreation and Seth Miller, Peninsula Division Regional Manager of League of California Cities) Seth Miller, Peninsula Division Regional Manager of the League of California Cities, recognized the City of South San Francisco Parks and Recreation Department for the environmental MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, OCTOBER 27, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA 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. REGULAR CITY COUNCIL MEETING OCTOBER 27, 2021 MINUTES PAGE 2 conservation programs in Sign Hill Park. 2. Reimagine SamTrans Project Recommended Network Presentation and report regarding potential direction to the City Manager to send a comment letter to the San Mateo County Transit District. (Jessica Epstein, Presenter for SamTrans and Christopher Espiritu, Senior Transportation Planner) Senior Transportation Planner Espiritu presented the staff report. Jessica Epstein and Jonathan Steketee, SamTrans, presented Reimagine SamTrans: The Recommended New Network. Councilmember Flores thanked SamTrans for the presentation. He inquired about feedback from the South San Francisco Unified School District. Mr. Steketee stated they met with staff and requested outreach to the parents. Councilmember Flores asked for clarification on rider outreach. Ms. Epstein discussed efforts to gather email addresses to reach out to interested parties and the plans for outreach on significant service changes. Mr. Steketee stated SamTrans posted proposed changes at the bus stops. Vice Mayor Nagales expressed concern about last-mile connectivity and equity. He questioned the rationale behind the changes. Mr. Steketee explained the proposed changes to Routes 126 and 130, including service to Oyster Point, noting that a trip from Bart to the East of 101 was approximately 30 minutes. Vice Mayor Nagales suggested adding additional routes to the East of 101 during commute hours. Mr. Steketee discussed limited resources and partnerships with Commute.org. Vice Mayor Nagales asked the timing for the Linden Avenue bus stop. Mr. Steketee discussed the ongoing bus stop improvement study and plan to work with cities to set up bus stops. Councilmember Coleman expressed concern with decreasing service to Old Town. Mr. Steketee stated ridership and reallocation of transportation services to other areas triggered the proposed modifications. Ms. Epstein discussed the importance of service, including weekend and later night service. Councilmember Coleman questioned Route 126 and suggested a direct route from South San Francisco BART to Caltrain through Oyster Point. PUBLIC COMMENTS Members of the public were encouraged to participate by submitting a request via the Digital Comment card if attending in person or by raising their hand via Zoom. Deputy City Clerk Rodriguez indicated one written public comment was submitted via eComment: • Cory David, South San Francisco resident COUNCIL COMMENTS Councilmember Coleman suggested repaving the frontage road next to Hillside Boulevard with a bike lane. Councilmember Flores thanked public safety for its efforts during the Atmospheric Storm and recognized the Parks and Recreation Department, Mother’s Club, and Rotary Club for their service to the community. He thanked Mayor Addiego and Councilmember Nicolas for renaming the community center at Westborough Park in honor of Alice Peña Bulos. REGULAR CITY COUNCIL MEETING OCTOBER 27, 2021 MINUTES PAGE 3 Councilmember Nicolas concurred with Councilmember Flores in expressing gratitude for the recent events. She requested volunteers for food distribution on November 22 and December 20, 2021. Vice Mayor Nagales thanked Mayor Addiego and Councilmember Nicolas for their efforts and renaming the community center. He discussed his request for data on recent power outages and requested reaching out to San Mateo County to get school children vaccinated. Mayor Addiego discussed the need to maintain power poles to reduce power outages. He thanked the community for its participation in the community center renaming. He commended the Public Works Department. City Manager Futrell stated nearly 80% of the Public Works staff worked during the storm. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. Councilmember Nicolas pulled Item Nos. 6 and 7. 3. Motion to approve the Minutes for the meetings of September 8, 2021, and September 14, 2021. 4. Report regarding Resolution No. 181-2021 accepting $125,000 from the State of California, Office of Traffic Safety for the “Selective Traffic Enforcement Program” (STEP) to be used for personnel overtime, equipment, and training expenses and amend the Police Department’s Operating Budget for Fiscal Year 2021-2022 by approving Budget Amendment 22.021. (Jeff Azzopardi, Police Chief) 5. Report regarding Resolution No. 182-2021 authorizing the acceptance of $5,200 in grant funding from Pacific Library Partnership to fund the development and distribution of activity kits for adults with special needs and developmental disabilities and their caregivers through the Library Department and approving Budget Amendment 22.022 increasing the Library Department’s Fiscal Year 2021-2022 Operating Budget. (Valerie Sommer, Library Director) 8. Report regarding Resolution No. 185-2021 to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) Motion — Vice Mayor Nagales /Second – Councilmember Coleman: To approve Consent Calendar Items 3, 4, 5 and 8, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. CONSENT CALENDAR- continued The following items were pulled from the Consent Calendar for individual consideration: 6. Report regarding Resolution No. 183-2021 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) In response to Councilmember Nicolas, Deputy Director of Parks and Recreation Greg Mediati discussed removing dead trees and completing emergency work, including additional work needed to repair the trail. REGULAR CITY COUNCIL MEETING OCTOBER 27, 2021 MINUTES PAGE 4 7. Report regarding Resolution No. 184-3032 approving the City Council’s response to the San Mateo County Civil Grand Jury Report, dated July 27, 2021, entitled “Building Greater Trust between the Community & law Enforcement via the Racial and Identity Profiling Act” and authorizing the City Manager to send the response letter on behalf of the City Council. (Jeff Azzopardi, Police Chief) Councilmember Nicolas suggested including information on the work by the Commission on Racial and Social Equity on the creation of a Community Safety and Equity Advisory board. Motion — Councilmember Nicolas /Second – Councilmember Flores: To approve Consent Calendar Items 6 and 7, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. LEGISLATIVE BUSINESS 9. Report regarding an ordinance amending Chapters 8.16 and 8.28, and adding Chapter 8.27 Mandatory Organic Waste Disposal Reduction, to the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383, adoption of a resolution approving a Memorandum of Understanding with the County of San Mateo to establish an Edible Food Recovery Program consistent with California Code of Regulations, Title 14, Division 7, Chapter 12 (Short-Lived Climate Pollutants), and adoption of a resolution approving the City of South San Francisco’s Recovered Organic Waste Product Procurement Policy. (Marissa Garren, Management Analyst I) Public Works Management Analyst Marissa Garren provided an overview of the City's SB 1383 requirements and impacts. Mayor Addiego asked about the impact of not having the anaerobic digester. Management Analyst Garren stated it would be necessary to purchase more compost. Mayor Addiego noted the city's advantage for having an anaerobic digester and thanked staff for their work. Doug Button, South San Francisco Scavengers, stated the city would have to purchase 3,112 tons of compost without the digesters. Jack Johnson, County of San Mateo, commended the city on its natural gas generation. Councilmember Nicolas suggested increasing outreach to restaurants and schools. Councilmember Flores requested clarification on Tier 1 and Tier 2 generators. Management Analyst Garren provided an overview. Mr. Johnson explained the meaning of a local education agency with onsite food facilities, which did not include afterschool programs. Councilmember Flores suggested the South San Francisco Unified School District be included in the recycling program and inquired about enforcement. Management Analyst Garren indicated that enforcement would be a joint effort between South San Francisco Scavengers and the County of San Mateo. Mr. Johnson stated the County would work in partnership with the city and explained compliance efforts before issuing citations. 9a. Motion - Councilmember Nicolas / Second - Councilmember Flores: To introduce and waive further reading of an Ordinance amending Chapters 8.16 and 8.28, and adding Chapter 8.27 Mandatory Organic Waste Disposal Reduction, of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING OCTOBER 27, 2021 MINUTES PAGE 5 9b. Motion – Vice Mayor Nagales / Second - Councilmember Coleman: To approve Resolution No. 186-2021 approving a Memorandum of Understanding with the County of San Mateo to establish an Edible Food Recovery Program consistent with California Code of Regulations, Title 14, Division 7, Chapter 12 (Short-Lived Climate Pollutants), by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 9c. Motion – Vice Mayor Nagales / Second - Councilmember Flores: To approve Resolution No. 187-2021 adopting the City of South San Francisco’s Recovered Organic Waste Product Procurement Policy, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 10. Report regarding a resolution authorizing the City Manager to execute a Purchase and Sale Agreement with Ensemble Investments, LLC for the disposition of a city-owned property located at 367 Marina Boulevard (APN 015-010-970) in the amount of $1,000,000 for a hotel development. (Ernesto Lucero, Economic Development Coordinator). Economic and Community Development Coordinator Lucero presented the staff report, including a background of the property, terms, and City benefits. Michael Moskowitz, Ensemble Investment, provided an overview of the company, development, and hotel portfolio. Mark Sopp, Senior Vice President and Principal, and Scott Lee, President, SB Architects, provided an overview of the property, aerial views of the proposed project, development team, timeline, and environmental considerations. Mayor Addiego discussed the Kilroy architecture and views from the property. Councilmember Nicolas and Vice Mayor Nagales stated their support of the project. Councilmember Coleman asked about public amenities. Mr. Lee stated the public could access the restaurant, lobby, meeting facilities, connection to Bay Trail, spa and fitness as a commercial opportunity, and roof amenity. Councilmember Coleman expressed his desire for public accessibility. He discussed the land value of negative $33 million and $1 million purchase price, shared transient occupancy tax, and quality development. Councilmember Flores discussed the importance of the project to South San Francisco and the opportunity for the region. He indicated that the project provided a sustainable financial benefit to the city and schools and expressed optimism and support. He assured the community that former Councilmembers meticulously reviewed the project with direct questions ensuring due diligence. Motion – Councilmember Flores / Second - Councilmember Nicolas: To approve Resolution No. 188-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS None. REGULAR CITY COUNCIL MEETING OCTOBER 27, 2021 MINUTES PAGE 6 ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 8:11p.m. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers 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 The following individual provided in-person public comment: • Ethan Mizzi ADMINISTRATIVE BUSINESS 1. Report regarding a study session to review potential redevelopment scenarios for the Municipal Services Building property at 33 Arroyo Drive. (Mike Lappen, Economic Development Coordinator) Economic and Community Development (ECD) Deputy Director Julie Barnard presented the staff report, including subject site, redevelopment scenarios, and staff recommendations. In response to Vice Mayor Nagales, ECD Deputy Director Barnard explained the objective of the Surplus Land Act to maximize affordable units. Acting Economic and Community Development Director Selander stated the proposed development would count towards the next building cycle for Regional Housing Needs Allocation numbers. In response to Councilmember Coleman, Acting Economic and Community Development Director Selander discussed the Acts’ regulations requiring surplus land be offered to affordable developers first. Assistant City Attorney Lai explained that the Act applied to the disposition of the land. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO TUESDAY, NOVEMBER 2, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA 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 NOVEMBER 2, 2021 MINUTES PAGE 2 Councilmember Coleman discussed the proposed Article 34 Ballot measure and requested clarification on the impact on the city. Acting Economic and Community Development Director Selander explained that the Act would not apply if the city retained the land. Councilmember Coleman suggested the fourth scenario of mixed-income, city-owned, and city-operated, 50 percent affordable development. He discussed housing disparities based on economics. He also suggested partnering with the owners of the adjacent parcels to create a more impactful development. Mayor Addiego concurred with mixed-use suggestions and partnering with the adjacent property owner. Vice Mayor Nagales concurred with Councilmember Coleman’s suggestion and discussed the need for affordable housing. Councilmember Nicolas suggested directing staff to solicit affordable housing developers while considering Councilmember Coleman’s suggestion. In response to Councilmember Coleman, ECD Deputy Director Selander stated staff could have outlined an in-between option. She discussed the process for soliciting developers for the PUC site. She clarified that soliciting a developer did not mean that the city would sell the property to the developer. Mayor Addiego expressed enthusiasm with the potential to own and operate the development. He discussed the need to satisfy all the different income levels to retain residents. City Manager Futrell confirmed that staff would not issue a Request for Proposal if the Council direction were to develop, own and operate. Acting Economic and Community Development Director Selander indicated that the timeframe would be longer if the city-owned and managed the project. City Manager Futrell stated staff would put together a plan and come back to Council. 2. Report regarding a study session on new commercial and office construction reach codes. (Christina Fernandez, Chief Sustainability Officer and Melanie Jacobson, Integrated Design 360) Chief Sustainability Officer Fernandez and Melanie Jacobson, Integrated Design 360, provided an update on outreach efforts to the business community on the city's adoption of the energy reach code. Councilmember Flores questioned the anonymous survey and suggested verifying the respondents' interest. He inquired about the cost and time of the proposed capacity study. Chief Sustainability Officer Fernandez discussed the difficulty of obtaining data and determining the ability to handle the increased load. City Manager Futrell provided an overview of the city's intent to work with PG&E with an outside consultant to provide a neutral view and noted the cost but reiterated the importance of the study. Mayor Addiego inquired if the County or State would be doing a study. City Manager Futrell stated there were other regulatory efforts at the State level and the intent of the survey was for localized information. Mayor Addiego inquired about the process once the study was complete. City Manager Futrell indicated that the results would allow the city to discuss specific grid upgrades with PG&E. He stated staff was already talking with developers about the potentially insufficient grid and the need for upgrades to the electrical system as part of upcoming projects. He reiterated that when developers approached PG&E, they were told PG&E did not have funds for upgrades. SPECIAL CITY COUNCIL MEETING NOVEMBER 2, 2021 MINUTES PAGE 3 In response to Councilmember Nicolas, Chief Sustainability Officer Fernandez stated the cities of Half Moon Bay and Emeryville paused implementation of their reach codes due to impacts to business and necessary outreach. Mayor Addiego asked about efforts to build fuel cells on-site. City Manager Futrell explained that micro-generators involved gas, and the goal was to reduce the use of gas. Mayor Addiego requested more information on the use of natural gas. Chief Sustainability Officer Fernandez discussed the rapidly changing technology and the State's review of applying technology to buildings. City Manager Futrell indicated that commercial reach codes were not recommended because of the grid's insufficiency. Vice Mayor Nagales asked who regulated PG&E. Ms. Jacobson confirmed that the State regulated PG&E. Councilmember Nicolas asked if the city was reaching the Climate Action Plan goals. Chief Sustainability Officer Fernandez indicated that a draft report would be coming to the City Council for their review in January 2022. 3. Report regarding Utilization of Stationary Automatic License Plate Reader (ALPR) Cameras. (Maryjo Nuñez, Lead for America Fellow, City Manager’s Office) Maryjo Nuñez, Lead for America Fellow, and South San Francisco Police Captain Campbell provided an overview of the use and technology of Automatic License Plate Readers (ALPR), transparency of law enforcement, and potential locations. A public comment via eComment for Administrative Business Item No. 3 was submitted by Guest User and read by City Clerk Govea Acosta. Mayor Addiego inquired about the current transient occupancy tax rate. City Manager Futrell stated it was currently 14%, the highest in the County, up 4% from four years ago. Captain Campbell discussed the program's success in neighboring cities. Vice Mayor Nagales inquired about crime shifts from areas using ALPR. Captain Campbell stated most of the crime was off the highway corridors. In response to Vice Mayor Nagales, Captain Campbell discussed plate verification and provided an overview of the program. Vice Mayor Nagales inquired about the potential use on freeways and off-ramps and noted his concern with the cost. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 7:34p.m. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Councilmember Nicolas, present in Council Chambers Vice Mayor Nagales, present in Council Chambers Mayor Addiego, present in Council Chambers PLEDGE OF ALLEGIANCE South San Francisco Police Chief Jeff Azzopardi led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF Assistant City Manager and Parks and Recreation Director Sharon Ranals announced the 48th Annual Thanksgiving Fun Run on November 13, 2021 and invited the community to view the Virtual Art Exhibit hosted by the Cultural Arts Commission now through November 30, 2021. PRESENTATIONS 1. Proclamation Honoring Ruby Bridges Day on November 14, 2021. (Mark Addiego, Mayor) Deborah Carlino, South San Francisco Unified School District teacher at Martin Elementary, introduced her students who read the proclamation honoring Ruby Bridges Day. The Council commended the students and Mrs. Carlino. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, NOVEMBER 10, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA 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. REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2021 MINUTES PAGE 2 PUBLIC COMMENTS None. COUNCIL COMMENTS Councilmember Nicolas requested volunteers for food distribution on November 22 and December 20, 2021. She congratulated staff for the successful Holiday Boutique on November 6, 2021, commended the Finance Department for receiving the Certificate of Achievement for Excellence, and thanked the Fire Department for attending the ribbon-cutting for the lifeguard stations Pillar Point Harbor. Councilmember Nicolas requested the City Manager consider lifesaving stations in Oyster Point Marina. She expressed her condolences to the city's Information and Technology Director Barrera, on the recent passing of his mother and requested to adjourn the meeting in memory of Lucy Barrera. Councilmember Flores discussed the Ruby Bridges Walk to School route event and thanked the community for their participation. He invited the community to attend the Housing Authority Meet and Greet event on November 11, 2021. Councilmember Flores encouraged businesses impacted by COVID-19 to apply for small grants. He requested adjourning in memory of Wilma Chan, longtime Alameda County Supervisor. Vice Mayor Nagales looked forward to the Thanksgiving Fun Run. He stated he enjoyed the holiday boutique and recent ceremony for Ann Waters. Councilmember Coleman invited the community to participate in the Annual Thanksgiving Fun Run on November 13, 2021. Mayor Addiego acknowledged and thanked veterans and announced Veterans Day events scheduled for November 11, 2021. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 2. Motion to approve the Minutes for the meetings of September 15, 2021, September 21, 2021, and September 29, 2021. 3. Motion to cancel the Regular City Council meetings of November 24, 2021, and December 22, 2021. (Rosa Govea Acosta, City Clerk) 4. Report regarding Resolution No. 189-2021 approving the summary vacation of public sewer easement for 375 & 377 Oyster Point Boulevard. (Jason Hallare, Senior Civil Engineer) 5. Report regarding Resolution No. 190-2021 approving the summary vacation of public utility easements on the following properties: 405 Cypress Avenue, 204 Miller Avenue, 208 Miller Avenue, 214 Miller Avenue, and 216 Miller Avenue to allow for development of the properties. (Jason Hallare, Senior Civil Engineer) 6. Report regarding Resolution No. 191-2021 authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Learning Wheels Family Literacy Program and amending the Library Department’s Fiscal Year 2021 - 2022 Operating Budget via Budget Amendment 22.025. (Valerie Sommer, Library Director) REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2021 MINUTES PAGE 3 7. Report regarding Resolution No. 192-2021 authorizing the acceptance of donations, grants, and stipends from various funders totaling $48,900 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 #22.026. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Report regarding Resolution No. 193-2021 authorizing the acceptance of two grants for the South San Francisco Guaranteed Income Pilot Program, 1) a grant of $100,000 from San Mateo County Measure K Funds and 2) a grant of $100,000 from the Silicon Valley Community Foundation and approving Budget Amendment Number 22.027 appropriating $200,000 for the Pilot Program. (Nell Selander, Interim Director, Economic & Community Development Department) 9. Report regarding Ordinance 1628-2021 amending Chapters 8.16 and 8.28, and adding Chapter 8.27 Mandatory Organic Waste Disposal Reduction, to the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. (Marissa Garren, Management Analyst I) Item No. 8 – Vice Mayor Nagales thanked San Mateo County Board of Supervisors, Dave Pine, and the Silicon Valley Community Foundation for allocating the funds to the City and requested an update on the program's status. Acting Economic and Community Development Director Nell Selander indicated that 160 households would receive $500 per month for 12 months, with preliminary data expected to be presented to Council in December 2021. Motion — Vice Mayor Nagales /Second – Councilmember Coleman: To approve Consent Calendar Items 2 - 9, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. LEGISLATIVE BUSINESS 10. Report regarding Resolution No. 194-2021 approving the South San Francisco Fire Department’s annual inspections performance pursuant to the California Health and Safety Code Section 13146.4. (Ian Hardage, Fire Marshal) Fire Marshal Hardage presented the staff report. Councilmember Nicolas requested clarification about the software utilized. Fire Marshal Hardage discussed the use of Central Square for Tracking and Grand Jury reporting requirements. He explained electronic reports and the definition of “places of assembly.” Motion - Councilmember Nicolas / Second - Councilmember Flores: that this Resolution, RES 194-2021, be approved. Approved by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 11. Report regarding Resolution 195-2021 authorizing the acceptance of $2,120,000 in grant funding from the Metropolitan Transportation Commission Safe and Seamless Mobility Quick Strike Program and approving Budget Amendment #22.024 and authorizing the City Manager to execute a consulting services contract amendment with Mark Thomas & Company of Oakland, California, for an additional $66,777, for an amount not to exceed $246,532, and authorizing a total contract budget of $271,185, and to execute a consulting services REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2021 MINUTES PAGE 4 agreement with TRC Engineers, Inc. of Concord, California for construction management and inspection services in an amount not to exceed $432,959.67 and authorizing a total contract budget of $476,255 for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way (Project No. st1807) (Jeffrey Chou, Associate Engineer) Associate Engineer Chou presented the staff report. Councilmember Flores inquired about completing Phases I and II and the bus shelter without a connector. Associate Engineer Chou stated Phase III included completing the medians along the corridor and completing the bike lane, including addressing gap issues in Phase III. Councilmember Coleman expressed concern with the semi-circle at the Kaiser intersection. Associate Engineer Chou stated staff was aware of the issue and would follow up with the appropriate installation. Motion - Councilmember Flores / Second - Councilmember Coleman: To approve Resolution 195- 2021 authorizing the acceptance of $2,120,000 in grant funding from the Metropolitan Transportation Commission Safe and Seamless Mobility Quick Strike Program and approving Budget Amendment #22.024 and authorizing the City Manager to execute a consulting services contract amendment with Mark Thomas & Company of Oakland, California, for an additional $66,777, for an amount not to exceed $246,532, and authorizing a total contract budget of $271,185, and to execute a consulting services agreement with TRC Engineers, Inc. of Concord, California for construction management and inspection services in an amount not to exceed $432,959.67 and authorizing a total contract budget of $476,255 for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 12. Report regarding a resolution approving a Purchase and Sale Agreement with Firehouse Work LLC for the sale of 201a Baden Avenue for $1,025,000 and a resolution approving a Purchase and Sale Agreement with Eden Housing for the sale of 201b Baden Avenue for $1, as well as associated resolutions making conformity findings (Julie Barnard, Acting Deputy Director of Economic and Community Development). Acting Economic and Community Development Director Nell Selander presented the staff report. Dawn Merkes, Group 4, explained the proposed development of the firehouse as a community asset. Tammy Straus, Eden Housing, provided an overview of their affordable housing experience and the proposed development of 82 senior housing units. Councilmember Flores requested additional information on the selection of KFC/Taco Bell and why a drive-thru was being allowed. Acting Economic and Community Development Director Nell Selander discussed efforts to move and redevelop the site. She stated that the owner needed to sell, which required the drive-thru. Councilmember Flores reiterated the need for affordable and senior housing. Councilmember Coleman expressed enthusiasm about the potential development. Councilmember Nicolas commended staff for their efforts. Mayor Addiego commended Ms. Verkes and Group 4 on pursuing the dream. REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2021 MINUTES PAGE 5 Vice Mayor Nagales requested staff ensure that the drive-thru traffic does not affect the main streets and requested clarification on staff's recommendation for proceeds. Acting Economic and Community Development Director Selander explained the staff's recommendation to reinvest the funds for housing initiatives not fundable through the Housing Trust Funds. She described the initial development of 22 or 24 for sale market rate, with some small inclusionary units. She confirmed that the developer would lower AMIs for tax credits. Tammy Straus of Eden Housing explained that rents were set by the Tax Credit Allocation Committee and were roughly one-third of gross monthly income. 12a. Resolution No. 196-2021 making findings and approving a Purchase and Sale Agreement with Firehouse Work LLC for the disposition of the City of South San Francisco-owned property located at 201a Baden Avenue (APNs 012-335-100, and 012-335-110) for $1,025,000 and authorizing the City Manager to execute the agreement. Motion - Councilmember Nicolas / Second - Vice Mayor Nagales: To approve Resolution No. 196-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 12b. Resolution No. 197-2021 making findings and approving a Purchase and Sale Agreement with Eden Housing for the disposition of the City of South San Francisco-owned property located at 201a Baden Avenue (APNs 012-335-100, and 012-335-110) for a nominal price of $1.00 and authorizing the City Manager to execute the agreement. Motion - Councilmember Flores / Second - Councilmember Coleman: To approve Resolution No. 197-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS None. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 7:15 p.m. in memory of Lucy Barrera and Wilma Chan. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 5:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Councilmember Nicolas, present in Council Chambers Vice Mayor Nagales, present in Council Chambers Mayor Addiego, present in Council Chambers AGENDA REVIEW No changes. REMOTE PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment. The following individual provided public comment via Zoom: • Olga Perez ADMINISTRATIVE BUSINESS 1. Report regarding Boards and Commissions interviews and appointments to the Measure W Citizens’ Oversight Committee and Parks and Recreation Commission. (Rosa Govea Acosta, City Clerk). a. Interview Applicants for Measure W Citizens’ Oversight Committee: 5:05 p.m. Lee Sheldon (Zoom) 5:15 p.m. Jamie Rey (Zoom) b. Interview Applicants for Parks and Recreation Commission: 5:25 p.m. Joshua Aguirre (Zoom) 5:35 p.m. Brittany Burgo (Zoom) 5:45 p.m. Jennifer Garstang (Zoom) 5:55 p.m. Anna Koswara (In-person) 6:05 p.m. Veronika Espinoza (Zoom) Due to technical difficulties the City Council was unable to conduct interviews. Interviews will be rescheduled to a future date. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO TUESDAY, NOVEMBER 23, 2021 5:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco 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, N-63-20, N-08-21, and COVID-19 pandemic protocols SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 2021 MINUTES PAGE 2 c. Discussion and consideration of appointment of applicant to the Measure W Citizens’ Oversight Committee. Council may appoint one (1) applicant to a term expiring October 17, 2025. Applicants: Rey and Sheldon Item not heard. d. Discussion and consideration of appointment of applicants to the Parks and Recreation Commission. Council may appoint one (1) applicant to a partial term expiring December 31, 2026. Applicants: Aguirre, Burgo, Espinoza, Garstang, and Koswara. Item not heard. ADJOURNMENT Due to technical difficulties, Mayor Addiego adjourned the meeting at 5:26 p.m. Submitted by: Approved: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Councilmember Nicolas, present in Council Chambers Vice Mayor Nagales, present in Council Chambers Mayor Addiego, present in Council Chambers AGENDA REVIEW No changes. PRESENTATIONS 1. Proclamation recognizing See’s Candies 100th Anniversary. (Mark Addiego, Mayor) Councilmember Coleman read a proclamation recognizing See's Candie's 100th Anniversary into the record. Pat Eagan, CEO, See's Candies, thanked the Council for their recognition and support. PUBLIC COMMENTS – Comments are limited to items on the Special Meeting Agenda. The following individual provided a comment via Zoom for Administrative Business Item No.3: • Aristel De la Cruz CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 2. Report regarding Resolution No. 198-2021 authorizing the acceptance of $10,000 in grant funding from Genentech to support the project South San Francisco: Connecting Then and Now, a history partnership program with the Historical Society of South San Francisco through the Library Department and approving Budget Amendment 22.028. (Valerie Sommer, Library Director) MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO TUESDAY, NOVEMBER 23, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA 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, N-63-20, and N-08-21 and COVID- 19 pandemic protocols. SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 2021 MINUTES PAGE 2 3. Report regarding Resolution No. 199-2021 approving the Third Amendment to the Professional Services Agreement with Liebert Cassidy Whitmore in a Total Amount Not to Exceed $200,000 for Labor Relations Consulting Services (Leah Lockhart, Human Resources Director) 4. Report regarding Resolution No. 200-2021 approving a five-year purchasing agreement for body-worn cameras (BWC), mobile audio and video (MAV) equipment, video software, and cloud storage services with Axon Enterprise Inc. in an amount not to exceed $710,660; and authorizing the City Manager to execute the purchasing agreement. (Tony Barrera, IT Director) 5. Report regarding Resolution No. 201-2021 authorizing the acceptance of donations consisting of three concrete benches donated by Summer Hill Apartment Communities valued at $7,320 and a baseball scoreboard donated by the International Brotherhood of Electrical Workers Local 617 with an estimated value of $5,000. (Greg Mediati, Deputy Director of Parks and Recreation) Item No. 2 – Councilmember Flores acknowledged the generous contribution from Genentech to the Historical Society and inquired about the outreach efforts in the Oldtown community. Adam Elsholz, Assistant Library Director, provided an overview of their outreach efforts. Item No. 4 – Councilmember Flores requested clarification on the vendor background. Tony Barrera, Information Technology Director, provided an overview of the proposed agreement. Kevin Watson from Axon Enterprise indicated that the agreement includes equipment replacement. Item No. 5 – Councilmember Flores discussed mental health awareness and acknowledged organizations that have installed bright yellow benches to assist those struggling with mental health. He expressed his desire to establish a similar program to raise mental health awareness and remove its stigma. Greg Mediati, Deputy Director of Parks and Recreation indicated that the benches had not been installed and consideration would be given to a possible location. The following individuals submitted eComments for Consent Calendar Item No. 4: • Sara Matlin – ACLU (North Peninsula Chapter) • Sue Carmichael – ACLU (North Peninsula Chapter) The following individual provided a comment via Zoom for Consent Calendar Item No. 4: • Cesar Rodriguez • Eddy Motion — Councilmember Nicolas /Second – Vice Mayor Nagales: To approve Consent Calendar Items 2- 5, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. PUBLIC HEARING Public hearing opened: 6:32p.m. 6. Report regarding consideration of applications for a General Plan Amendment, Downtown Station Area Specific Plan Amendment, Rezoning Map to Create a Planned Development District, Design Review, Transportation Demand Management Plan, and Affordable Housing Agreement proposal to allow a multi-family residential development consisting of 480 units on 124 Airport Boulevard and 100 Produce Avenue, and associated California Environmental Quality Act Analysis. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 2021 MINUTES PAGE 3 Chief Planner Tony Rozzi presented the report. Zach Anderson, Hanover Company, provided an overview of the proposed project and presentations timeline. Senior Planner Espiritu provided an overview of the project and indicated that the project site is bordered on the east by Airport Boulevard/Produce Avenue, on the south and west by Colma Creek, and on the north by the Caltrain railroad tracks. Councilmember Flores inquired about the proposed 60-unit mix. Zach Anderson indicated that the 60 affordable units would mix 12 studios, 29 1-bedroom units, 17 2-bedroom units, and two 3- bedroom units. He inquired about bike lanes for the development, given its proximity to BART. Chief Planner Rozzi provided an overview and explained the challenges with multimodal and funding. Councilmember Nicolas expressed her satisfaction with the proposed project and inquired about the 60-unit affordable housing. Zach Anderson provided an overview of the project. Vice Mayor Nagales inquired about the parking requirements due to the project's proximity to the Caltrain station. Chief Planner Rozzi provided an overview of the parking requirements, and Zach Anderson addressed parking challenges for the project. The following individuals provided public comments: • Juan Espinoza • Edward Evans The following individuals provided virtual (Zoom) public comments: • Dashiell Leeds • Eddy • Cesar Rodriguez • Javi • Sean Armstrong • Amy Felix – Conco Concrete Company Councilmember Coleman expressed his concern with the project and the concerns posed by the local union. He indicated that he would like to have the developer discuss with labor unions their concerns and work collaboratively before the Council takes action. Vice Mayor Nagales acknowledged the labor union concerns and expressed his desire to delay the project until parties could meet and discuss further. He inquired about the impact of delays with the postponement of the project. City Manager Futrell indicated that the item could be brought back to Council for consideration at the December 8, 2021, meeting. Vice Mayor Nagales discussed SB35 and requested clarification of the project. City Attorney Woodruff indicated that the project was not protected and provided an overview. He noted that the project did not qualify for SB 330 protections, limiting the number of public hearings a city can hold. The project is not subject to the limitation of the permit streamlining act because of the General Plan amendment and zoning changes. SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 2021 MINUTES PAGE 4 Councilmember Flores inquired about the status of public hearings for this project and expressed his desire for the consultant and labor unions to further discuss before Council action. City Attorney Woodruff indicated that the City Council would be conducting the first public hearing. Councilmember Nicolas expressed her support of the project and supported postponing action. Mayor Addiego concurred with Councilmembers Flores and Nicolas for the consultant to discuss labor union concerns. The following individual submitted eComment for Public Hearing Item No. 6 • John Baker Motion — Councilmember Flores /Second – Vice Mayor Nagales: To postpone and continue the item to the December 8, 2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 6a. Resolution adopting the Sustainable Communities Environmental Assessment consistent with the 2040 Plan Bay Area Environmental Impact Report in accordance with Section 21155.2 of the California Public Resources Code. This item was not heard. 6b. Ordinance amending the South San Francisco Zoning Map (RZ18-0003) to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue This item was not heard. 6c. Resolution approving a General Plan Amendment, Downtown Station Area Specific Plan Amendment, Rezoning Map to create a Planned Development District, Design Review, Transportation Demand Management Plan, and Affordable Housing Agreement proposal to allow a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue This item was not heard. Meeting recessed: 8:28 p.m. Meeting resumed: 8:38 p.m. ADMINISTRATIVE BUSINESS 7. Report regarding consideration of an updated Memorandum of Understanding (MOU) between the City of South San Francisco and the South San Francisco Unified School District concerning the use and duties of School Liaison Officers (SLOs) (Amy Ferguson, Management Fellow) Management Fellow Amy Ferguson presented the report and provided an overview of the updates done to the MOU by the South San Francisco Unified School District Board of Trustees. Vice Mayor Nagales requested clarification on the independent investigation by the district regarding SOL performance and review. Police Chief Azzopardi indicated that the district incorporated the language. City Attorney Woodruff clarified the district’s right to investigate a complaint and indicated that the district did not have the authority to investigate city staff. SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 2021 MINUTES PAGE 5 Councilmember Nicolas requested clarification on the city's SLO program evaluation and assessment meetings. City Manager Futrell indicated that the parties for the city would be the City Manager or designee. City Attorney Woodruff stated that evaluation of the program is a staff-level communication between the City Manager and District Superintendent with final performance review by the Council and the School Board. Councilmember Flores expressed his concern with title inconsistencies and requested a clause indicating that no changes could be incorporated without approval from their respective boards. City Manager Futrell indicated that the district included the language in question by Councilmember Flores and noted the city's request for a copy of the survey data the district was collecting. Councilmember Coleman clarified the necessity of an MOU based on CA Education Code 902 and Penal Code 245. He noted that an officer must respond to calls for emergency assistance regardless of a formal MOU. He requested that the MOU clarify roles and responsibilities for both parties. The following individual submitted eComment for Administrative Business Item No. 7 • Elizabeth Mathiasen • John Baker The following individuals provided virtual (Zoom) public comments: • Eddy • Cesar Rodriguez • Javi • Samantha Avila • Olga Perez Motion — Councilmember Nicolas /Second – Vice Mayor Nagales: To approve by motion, an updated Memorandum of Understanding (MOU) between the City of South San Francisco and the South San Francisco Unified School District concerning the use and duties of School Liaison Officers (SLOs), with minor changes discussed by the Council, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 9:45 p.m. in memory of Antoinette (Toni) Fraschieri. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 7:00 p.m. ROLL CALL Councilmember Coleman, present Councilmember Flores, present Councilmember Nicolas, present Vice Mayor Nagales, present Mayor Addiego, present AGENDA REVIEW No changes. PUBLIC COMMENTS – Comments are limited to items on the Special Meeting Agenda. No public comments. CLOSED SESSION Entered into Closed Session: 07:04 p.m. 1. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code section 54956.9(d)(2)) Significant Exposure to Litigation: One Potential Case (Jon Goetz, Special Counsel and Mike Futrell, City Manager) 2. Closed Session: Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)) Name of Case: Kenneth Wilkerson v. City of South San Francisco Workers’ Compensation Appeals Board Case Numbers: ADJ11890701, ADJ11889178 3. Conference With Legal Counsel-Existing Litigation (Pursuant to Government Code of Section 54956.9(d)(1)) City of South San Francisco v. San Mateo Health Plan (San Mateo Superior Court, Case No. 21-CIV-04614) Resumed from Closed Session: 08:40 p.m. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO TUESDAY, NOVEMBER 30, 2021 7:00 p.m. Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council conducted this meeting in-person in accordance with California Governor Newsom’s Executive Orders N-29-20, N-63-20, and N-08-21 and COVID-19 pandemic protocols. SPECIAL CITY COUNCIL MEETING NOVEMBER 30, 2021 MINUTES PAGE 2 Report out of Closed Session by Mayor Addiego: Direction given. No reportable action. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 8:41 p.m. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Coleman, present via Zoom Councilmember Flores, present via Zoom Councilmember Nicolas, present via Zoom Vice Mayor Nagales, present via Zoom Mayor Addiego, present via Zoom AGENDA REVIEW No changes. COMMUNITY INFORMATION SESSION: 1. Report regarding a second public hearing to receive input from the community regarding the redrawing of election district boundaries. (Rosa Govea Acosta, City Clerk and Douglas Yoakam, National Demographics Corporation) Mayor Addiego informed the community that due to the city's 5th Annual Menorah Lighting event at City Hall, the City Council would participate virtually from City Hall and thanked the participants in attendance at the Municipal Services Building. Douglas Yoakam from National Demographics Corporation (NDC) provided an overview of the Redistricting process that the city was currently undertaking. He provided an overview of the mapping tools and indicated that given the 2020 Census demographic data results, all current districts comply with equal population and are balanced. He reiterated that the city was not required to change its districts to comply with equal population requirements. Mr. Yoakam informed the Council and the community that three maps were submitted for consideration and were posted to the city’s website. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, DECEMBER 1, 2021 6:30 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA 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, N-63-20, and N-08-21 and COVID- 19 pandemic protocols. SPECIAL CITY COUNCIL MEETING DECEMBER 1, 2021 MINUTES PAGE 2 PUBLIC COMMENTS The following individual provided a public comment in person: • Michael Wisper The following individuals provided comments via Zoom: • Leslie Fong • Fernando Hurtado Douglas Yoakam from NDC provided an overview of the census demographic data process and indicated that all state and local jurisdictions were required to review and use that data to determine the need to redistrict their respective agency in 2021. In response to the community's concern about the accuracy of the 2020 Census Demographic data, City Manager Futrell provided an overview of the city's efforts to count all residents of the city. He indicated that the city hired residents to survey the community, including the homeless population. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 6:54 p.m. COMMUNITY INFORMATION SESSION: City Clerk Govea Acosta informed community members in attendance at the Municipal Services Building that paper maps were available for the public to complete. Douglas Yoakam of NDC provided an overview of the process. Community session ended at 7:30 p.m. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / Call to Order. Mayor Addiego called the meeting to order at 6:10 p.m. Roll Call. Councilmember Coleman, present Councilmember Flores, present Councilmember Nicolas, present Vice Mayor Nagales, present Mayor Addiego, present Post Colors. Colors were honorably and duly posted by members of the South San Francisco Police Explorers Program. Pledge of Allegiance. Led by Police Chief Jeff Azzopardi. Introduction of Elected Officials in attendance. Mayor Addiego introduced the elected officials and/or their representatives that were in attendance and via Zoom. Mayor declares the purpose of the meeting. Mayor Addiego declared the purpose of the meeting which is the reorganization of the City Council. Proclamations recognizing the retirement of Police Chief Jeff Azzopardi. Senator Scott Wiener presented a recognition certificate from the California State Senate. Mayor Addiego read and presented a proclamation and Key of the City plaque from the City of South San Francisco. Police Chief Azzopardi delivered his outgoing remarks. 1. Reorganization of the City Council: MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, DECEMBER 7, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Social Hall 33 Arroyo Drive, South San Francisco, CA 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, N-63-20, and N-08-21 and COVID- 19 pandemic protocols. SPECIAL CITY COUNCIL MEETING DECEMBER 7, 2021 MINUTES PAGE 2 a. Remarks of Outgoing Mayor. Mayor Addiego delivered outgoing remarks. b. Nominations for Mayor; close of nominations; appointment. Motion – Councilmember Nicolas/Second – Mayor Addiego: to nominate and appoint Honorable Mark Nagales to serve as Mayor of the City of South San Francisco by roll call vote: AYES: Councilmembers Nicolas, Coleman, Flores, Vice Mayor Nagales, and Mayor Addiego; NAYS: None; ABSENT: None, ABSTAIN: None. d. Oath of Office Administered to incoming Mayor. Councilmember Addiego deviated from the agenda to allow Congresswoman Jackie Speier to give the Oath of Office to newly appointed Mayor Nagales remotely. f. Incoming Mayor’s Remarks. Mayor Nagales delivered incoming remarks. c. Nominations for Vice Mayor; close of nominations; appointment. Motion – Councilmember Coleman/Second – Councilmember Flores: to nominate and appointment Honorable Buenaflor Nicolas to serve as Vice Mayor of the City of South San Francisco by roll call vote: AYES: Councilmembers Nicolas, Coleman, Flores, Addeigo, and Mayor Nagales; NAYS: None; ABSENT: None, ABSTAIN: None. d. Oath of Office Administered to incoming Vice Mayor. Commissioner Ethan Mizzi administered the Oath of Office to newly appointed Vice Mayor Nicolas. e. Incoming Vice Mayor’s Remarks. Vice Mayor Nicolas delivered incoming remarks. 2. Presentation to Outgoing Mayor. Brian Perkins, District Director for Congresswoman Jackie Speier presented the outgoing Mayor with a certificate of recognition. Mayor Nagales, Vice Mayor Nicolas, Councilmembers Coleman, and Flores each read a portion of a proclamation for the outgoing Mayor. Vice Mayor Nicolas introduced the Parangal Dance Company to perform a Philippine traditional dance. Adjournment. SPECIAL CITY COUNCIL MEETING DECEMBER 7, 2021 MINUTES PAGE 3 Being no further business Mayor Nagales adjourned the meeting at 7:27 p.m. Submitted by: Approved by: Gabriel Rodriguez Mark Nagales Deputy City Clerk Mayor Approved by the City Council: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-905 Agenda Date:1/12/2022 Version:1 Item #:4. Report regarding a resolution authorizing submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2021-2022 revenue budget adjustment upon receipt of funds pursuant to budget amendment 22.034.(Marissa Garren, Management Analyst I) RECOMMENDATION It is recommended that the City council adopt a resolution authorizing the submittal of an application for the Department of Resources Recycling and Recovery (CalRecycle)funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2021-2022 revenue budget adjustment upon receipt of funds, pursuant to budget amendment 22.034. BACKGROUND/DISCUSSION The Department of Resources Recycling and Recovery (CalRecycle)offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC)Section 14581(a)(3)(A)of the California Beverage Container Recycling and Litter Reduction Act.CalRecycle is distributing $10.5 million in fiscal year (FY)2021-22 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers -aluminum,glass,plastic,and bi- metal.Projects implemented by cities and counties will assist in reaching and maintaining this goal.The allocation amount per jurisdiction is based upon the population in the incorporated areas of a city as of January 1,2021 (Department of Finance E-1 Population Estimates for Cities,Counties and the State with Annual Percent Change -January 1,2020 and 2021.Sacramento,California,May 2021).The application deadline to receive the funding,which is a non-competitive payment program as opposed to a competitive grant program, is January 18,2021.A requirement of the application is a resolution adopted by City Council authorizing the project funding application. Since 2005-06,the City of South San Francisco has taken advantage of this funding source to enhance its support of recycling programs,such as the purchase of multi-stream waste receptacles for city parks and facilities.The City of South San Francisco’s allocation for 2021-22 is $16,899 and the proposed application is towards the installation of ten (10)additional Bigbelly dual-stream waste and recycling units in the downtown area.These units include solar-powered compaction,are sensor-equipped,and communicate real-time status to collection crews to enable efficiencies.Cleanliness issues and safety issues,such as overflowing bins,litter,and pests will also be improved while improving the quality of life in a public space -the South San Francisco downtown. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-905 Agenda Date:1/12/2022 Version:1 Item #:4. FISCAL IMPACT Funding received from CalRecycle’s Beverage Container Recycling City/County Payment Program will be applied towards the installation of ten (10)additional Bigbelly units.No match funding or increase to the Public Works operating budget is required.Adoption of this resolution will authorize the City’s Finance Department to amend the City’s revenue budget for fiscal year 2021-22 upon receipt of funds,which will be distributed in June/July 2022. RELATIONSHIP TO STRATEGIC PLAN The CalRecycle funds support Strategic Plan Priority #2:Quality of Life to build and maintain a sustainable city. This effort also contributes toward the City’s robust environmental and sustainability programs. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2021-22 revenue budget adjustment upon receipt of funds pursuant to budget amendment 22.034. City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-906 Agenda Date:1/12/2022 Version:1 Item #:4a. ..Title Resolution authorizing submittal of an application for Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the finance director to adjust the City’s fiscal year 2021-2022 revenue budget upon receipt of funds pursuant to budget amendment 22.034 WHEREAS,pursuant to Public Resources Code sections 48000 et seq.,14581,and 42023.1(g),the Department of Resources Recycling and Recovery (CalRecycle)has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS,pursuant to Public Resources Code section 14581(a)(3)(A)of the California Beverage Container Recycling and Litter Reduction Act,CalRecycle is distributing $10,500,000 in fiscal year (FY)2021-2022 to eligible cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS,the purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers -aluminum,glass,plastic,and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal; and WHEREAS,in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS,CalRecycle’s procedures for administering payment programs require,among other things,an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS,since 2005-06,the City of South San Francisco has utilized the CalRecycle funding source to enhance its support of recycling programs,such as the purchase of multi-stream waste receptacles for city parks and facilities; and WHEREAS,funding received from CalRecycle’s Beverage Container Recycling City/County Payment Program is expected to be applied towards the installation of ten (10)additional dual stream waste and recycling units in the City’s downtown area that would enhance compaction,collection efficiency and capacity for the City’s waste collection program and improve the quality of life and downtown character in South San Francisco. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-906 Agenda Date:1/12/2022 Version:1 Item #:4a. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the submission of an application to CalRecycle for any and all payment programs offered to support beverage container recycling programs in South San Francisco; and BE IT FURTHER RESOLVED that the City Manager,or his/her designee,is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and BE IT FURTHER RESOLVED that the City Council authorizes the Finance Director,or his/her designee,to adjust the City’s fiscal year 2021-2022 revenue budget upon receipt of funds pursuant to budget amendment 22.034. BE IT FURTHER RESOLVED that this authorization is effective upon adoption unless and until rescinded by the City Council. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-919 Agenda Date:1/12/2022 Version:1 Item #:5. Report regarding a resolution approving the acceptance of grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation,fire mitigation and planning efforts in Sign Hill Park and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.035.(Joshua Richardson, Parks Division Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation,fire mitigation and planning efforts in Sign Hill Park and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to Budget Amendment #22.035. BACKGROUND/DISCUSSION Sign Hill Park,South San Francisco’s 65-acre open space park,and home to the historic “South San Francisco the Industrial City”sign,serves as habitat to the endangered mission blue butterfly as well as other rare and special status plants and animals.Sign Hill Park is an important recreational area for the residents of South San Francisco,with two miles of trails,scenic views of the city and greater Bay Area,and is South San Francisco’s largest natural open space area. In 2017 and 2018,a biological assessment of the 44.5 acres of then City-owned park land was conducted by the City of South San Francisco.In 2018,the City purchased the Liberty Parcel consisting of 20.1 acres of privately owned land.Additionally,in 2019 the Parks and Recreation Department launched the Sign Hill Stewards program,whereby staff and volunteers have been monitoring and mapping plants and animals on Sign Hill,expanding upon the initial biological assessment to keep a current and accurate inventory of species on Sign Hill.Staff and volunteers have also been tasked with invasive weed eradication programs,conservation efforts, and native planting projects to enhance the quality of habitat. In 2019,staff submitted a letter of interest to the Metropolitan Transportation Commission (MTC)to secure Priority Conservation Area (PCA)grant funding for conservation and trail improvements on Sign Hill.This grant program is focused on supporting open space preservation in Priority Conservation Areas,which Sign Hill is part of as it is geographically and ecologically connected to the San Bruno Mountain PCA.It should be noted that fortunately City staff collaborated proactively with County Parks and San Bruno Mountain Watch back in 2015 to ensure that Sign Hill was included in the San Bruno Mountain PCA designation,and thus eligible for PCA grants.In July of 2020,MTC staff approved the letter of interest and invited the City to submit a full grant application.In October 2021,the Department was awarded grant funding for a total amount not to exceed $135,100.The grant does require 2:1 matching funds;however,such funds have already been identified and allocated to the Sign Hill Stewards program and on-going fuel load reduction work. The popularity of Sign Hill for recreational use and the sensitive nature of the habitat presents potential conflict City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-919 Agenda Date:1/12/2022 Version:1 Item #:5. The popularity of Sign Hill for recreational use and the sensitive nature of the habitat presents potential conflict if public use and resource management is not carefully thought out.In this spirit,this grant will fund the following deliverables: 1.Continued natural habitat conservation efforts,natural resources programs,fuel load reduction and volunteer and interpretive programs; 2.Expanding upon the 2017/2018 biological assessment of the 44.5 acres of previously owned park land to include the more recently purchased 20 acres of the Liberty Parcel; and 3.A master plan and trail assessment,which will explore trail realignment options to make the park more accessible for visitors with limited mobility,study strategies to enhance eradication efforts for invasive species, and creating defensible space for properties adjacent to the park. The intent of this master plan is to allow for well-planned use of the land while balancing recreational enjoyment,interpretive/educational opportunities,and conservation of the sensitive native habitats that exist on Sign Hill.South San Francisco is a highly urbanized setting with little open space,so managing this resource is vital to its continued existence as a viable habitat for wildlife as well as maintaining the future safety and enjoyment of all park users. FISCAL IMPACT Funding in the amount of $135,100 was awarded by the Metropolitan Transportation Commission to fund this project.This grant is a reimbursement grant and an initial cost of $135,100 may be incurred by the General Fund. Repayment will occur as grant deliverables are completed. RELATIONSHIP TO STRATEGIC PLAN Accepting this grant funding supports the strategic plan goal “Priority #2:Quality of Life”by promoting active recreation areas and planning for more accessible trails and open space.This funding also supports conserving sensitive habitats and species and sustaining and increasing the biodiversity found on Sign Hill. CONCLUSION It is recommended that the City Council adopt a resolution approving the acceptance of grant funds from the Metropolitan Transportation Commission in the amount of $135,100 and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.035 to allow for the successful completion of these planning, fire mitigation and conservation efforts. City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-920 Agenda Date:1/12/2022 Version:1 Item #:5a. Resolution accepting grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation,fire mitigation and planning efforts in Sign Hill Park;authorizing the City Manager to execute funding agreements and supplements;and amending the Parks and Recreation Department’s Fiscal Year 2021- 22 Operating Budget pursuant to budget amendment #22.035. WHEREAS,Sign Hill Park,South San Francisco’s 65-acre open space park,and home to the historic “South San Francisco the Industrial City”sign,serves as habitat to the endangered mission blue butterfly as well as other rare plants and animals; and WHEREAS,Sign Hill Park serves as an important recreational area to the residents of South San Francisco, boasting two miles of trails,scenic views of the city and greater Bay Area,and is South San Francisco’s largest open space area; and WHEREAS,Sign Hill is a habitat for numerous endangered and ecologically critical species of botanical life, including several species of endangered butterflies,that have been threatened by the spread of invasive plant species; and WHEREAS,the popularity of Sign Hill for recreational use and the sensitive nature of the habitat on the hill presents potential conflict if public use and resource management is not carefully planned; and WHEREAS,staff submitted a grant application to the Metropolitan Transportation Commission (MTC)to secure Priority Conservation Area (PCA)grant funding for conservation,resource management and planning work on Sign Hill; and WHEREAS,in October 2021,the City was awarded the grant in an amount not to exceed $135,100 by MTC; and WHEREAS,this program is a reimbursement grant and an initial cost of $135,100 may be expended through the general fund with repayment occurring as grant deliverables are met; and WHEREAS,this project will fund the creation of a Sign Hill conservation and trail master plan,fund on-going restoration and conservation efforts,and support continued management and reduction of potential fuel load on Sign Hill. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby accepts the grant funds from the Metropolitan Transportation Commission in the amount of $135,100 and amends the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-920 Agenda Date:1/12/2022 Version:1 Item #:5a. amendment #22.035. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the project funding agreement in substantially the same form as Exhibit A,attached hereto and incorporated herein,and any other necessary documents on behalf of the City,consistent with the intent of this resolution and subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ SUPPLEMENT NO. 2 TO MASTER FUNDING AGREEMENT Between the METROPOLITAN TRANSPORTATION COMMISSION And CITY OF SOUTH SAN FRANCISCO FOR SIGN HILL MASTER PLANNING PROJECT This Supplement No. 2 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this 1st day of March, 2021, by and between the Metropolitan Transportation Commission (hereafter “MTC”) and City of South San Francisco (hereafter “AGENCY”) and supplements the Master Funding Agreement, dated July 1, 2018, by and between MTC and AGENCY. Pursuant to this Supplement, MTC agrees to reimburse Agency for its actual eligible costs incurred for completed Supplement Project milestones or deliverables in an amount not to exceed one hundred thirty-five thousand, one hundred dollars ($135,100) in MTC exchange funds to fund the Sign Hill Master Planning process (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto. The Supplement Project work will commence March 1, 2021 and be completed no later than November 30, 2023. The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder: X Exhibit B-1, Additional Terms and Conditions (General), Paragraph A X Exhibit B-1, Additional Terms and Conditions (General), Paragraph B  Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses)  Exhibit B-3, Additional Terms and Conditions (State Required Clauses) X Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)  Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)  Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)  Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ) Funding is contingent on AGENCY complying with the California Environmental Quality Act (“CEQA”). The MTC Project Manager for the Supplement Project is Vijaylaxsmi Kesavan, 415 778 5257, vkesavan@bayareametro.gov. The AGENCY Project Manager for the Supplement Project Joshua Richardson, 650 829 3833, joshua.richardson@ssf.net. MTC/ City of South San Francisco Master Funding Agreement Supplement No. 2 - Sign Hill Master Planning Project Page 2 This Supplement is supplemental to the Master Funding Agreement and is incorporated by reference thereto. Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement. METROPOLITAN TRANSPORTATION COMMISSION CITY OF SOUTH SAN FRANCISCO Therese W. McMillan, Executive Director Mike Futrell, City Manager Approved as to Form: By: City Council By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. MTC/ City of South San Francisco Master Funding Agreement Supplement No. 2 - Sign Hill Master Planning Project Page 3 Annex I Project Description and Scope of Work Sign Hill Master Planning Project This proposed project is a planning project to create a conservation and trail master plan for the 65-acre Sign Hill site to protect sensitive natural resources while balancing the needs of recreational users to use the site responsibly. The project would take into account natural habitat conservation, incorporating a 2017/2018 biological assessment of the 44.5 acres of previously owned park land that was conducted by the City of South San Francisco, as well as biological surveys conducted as part of the “Sign Hill Stewards” project. This would include studying potential eradication of invasive species, creating defensible space for homes abutting the project area by removing potential ladder fuels, and protecting natural habitats and residents from potential wildfires. The project will also help fund the ongoing conservation and public education/interpretation efforts of protected and endangered species located on Sign Hill. The intent of the project is to allow for well-planned use of the land while taking into account recreational enjoyment, interpretive educational opportunities, and conservation of the sensitive native habitats that exist on Sign Hill. South San Francisco is a highly urbanized setting with little open space. In addition to master planning efforts, the project will also fund maintenance of trails and conservation efforts led by the Natural Resources Specialist, Aide, and volunteers. The specific tasks involved with creating the master plan will be to execute a Request for Proposals (RFP) to choose a qualified company with appropriate sub-contractors to help develop signage standards, conservation efforts, trail alignment standards, and surveying. There is potential for environmental review depending on the suggested realignment of the trails and the scope of work involved to accomplish these tasks. In addition to the Master Plan, this project will fund continued conservation work for key and protected species and invasive removal, public education and interpretation programs, and trail maintenance of existing facilities. Figure 1 South San Francisco, Sign Hill Parcel Map MTC/ City of South San Francisco Master Funding Agreement Supplement No. 2 - Sign Hill Master Planning Project Page 4 Detailed Description of Work Agency shall perform the following tasks: Task 1: Ongoing conservation and interpretive efforts This work will include eradication of invasive species, purchase and planting of native species beneficial to sensitive fauna, volunteer events focusing on the previously listed activities, as well as creation and installation of educational interpretive signage. This work will also include monitoring survival rates of plantings, educating volunteers in the field, educational outreach via social media, and monitoring endangered species population changes. Deliverables for Task 1: Deliverable 1. Report summarizing all metrics from plantings including planted vs. survived based on individual species, number of mission blue butterflies found, volunteer hours, and staff hours. This deliverable will bolstered by pictures and invoices from volunteer events and field work including before and after photos, plant and material purchase invoices, timesheets for staff, as well as examples of interpretive signs that are created. Task 2: Master Planning Process Publish RFP and contract with qualified environmental and design company to create a Sign Hill Master Plan, addressing conservation efforts as well as trail re-alignment recommendations. This master plan will serve as the guiding document for South San Francisco for any related activities on the hill. Deliverables for Task 2: Deliverable 2: Finalized version of the Sign Hill Master Plan that has been adopted by City Council. With this Master Plan, all invoices for relevant expenditures associated with the process shall be submitted. Task 3: Fuel Reduction and Trail Maintenance Reduction of fuel load across City-owned parcels on Sign Hill. This work will thin trees and remove hazardous trees that can lead to increased fuel load. All work will be based on CalFire code, clearing trees within 100’ of homes as well as thinning large stands of dense trees. This work will also be aligned with the biological survey that the City conducted in 2017-2018. Trail maintenance will include repairs to stepped areas, erosion mitigation, as well as delineation of trails to prevent “trail-braiding” through sensitive areas. This will also include enhanced trail markers and signage to help prevent people from straying off trail. Deliverables for Task 3: Deliverable 3: This deliverable will consist of invoices from tree removals paired with maps of areas for planned removal. There will also be invoices for trail work performed and supplies. Additionally, images of the trails and forested areas will be presented in a before and after format. Included in this deliverable will be the map from the biological survey that was conducted for comparison to the areas where fuel reduction is occurring. MTC/ City of South San Francisco Master Funding Agreement Supplement No. 2 - Sign Hill Master Planning Project Page 5 Annex II Project Schedule, Budget and Payment Payment Terms: Reimbursement basis MTC will reimburse AGENCY for all expenses deemed reasonable and necessary by MTC incurred by AGENCY in the performance of this Agreement. Such reimbursement shall include travel and personal expenses incurred by employees or agents of AGENCY in accordance with 48 Code of Federal Regulations Part 31 or 2 CFR Part 200, as applicable. AGENCY shall submit invoices for services rendered on a monthly basis covering fees and expenses for a single calendar month. All deliverables shall be accompanied by a cover memorandum summarizing the deliverable for reimbursement purposes and identifying the work for which payment is requested; the hours worked; any authorized expenses, together with receipts for such expenses; the amount requested; and the cumulative amount billed and paid under this Agreement. Table 1 below indicates the estimated budget per Task and Deliverable. Where applicable, funding reimbursements may amount to the total estimated budget in increments matching task milestones. Project sponsor may go under or exceed budgeted amount for specific tasks and deliverables. Funds may be rolled over to other items as long as it does not exceed the total not-to-exceed budget. Project sponsor must seek approval from MTC PM prior to re-allocating budget between tasks. Table 1: PCA grant-funded tasks, budget and schedule Task Milestone/ Deliverable Budget Payment Terms Expected Completion 1 Ongoing conservation and interpretive efforts Report regarding activities performed with photos and invoices for staff time, plant material, and supplies as well as volunteer hours $19,550 Payment upon deliverable receipt 6/1/2022 2 Master Planning Process Finalized Master Plan with corresponding invoices. $57,950 3/31/2023 3 Fuel reduction & trail maintenance (risk management) Report of activities including photos, invoices, and summary of work $57,600 3/31/2022 Subtotal $135,100 TOTAL NOT TO EXCEED $135,100 Table 2 below identifies the current estimated funding for the project from all fund sources. MTC/ City of South San Francisco Master Funding Agreement Supplement No. 2 - Sign Hill Master Planning Project Page 6 Table 2: All Funding Sources for Sign Hill Master Planning Project City General Fund (Parcel Acquisition) CONFIRMED $82,500 City General Fund (Fuel reduction & trail maintenance) CONFIRMED $153,000 City General Fund (Sign Hill Conservation Program) FUTURE $37,800 City General Fund (Sign Hill Conservation Program) PENDING $75,600 Developer Fund Dedicated to Sign Hill (CONFIRMED) $45,000 MTC $135,100 Total $529,000 MASTER FUNDING AGREEMENT BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION AND THE CITY OF SOUTH SAN FRANCISCO PLANNING, PROGRAMMING, TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS FOR FISCAL YEAR 2018-19 through FISCAL YEAR 2027-28 TABLE OF CONTENTS ARTICLE PAGE 1.0 GENERAL 4 2.0 INTERAGENCY AGREEMENT ADMINISTRATION 5 3.0 FUNDING 5 4.0 TERM 6 5.0 PAYMENT 6 6.0 DELAYS AND FAILURE TO PERFORM 6 7.0 AMENDMENTS 6 8.0 TERMINATION 7 9.0 USE OF THIRD PARTY CONTRACTS 7 10.0 INDEMNIFICATION 7 11.0 LAWS AND REGULATIONS 7 12.0 RECORDS 8 13.0 AUDITS 8 14.0 SUBCONTRACTS 8 15.0 PROHIBITED INTERESTS 9 16.0 ORGANIZATIONAL CONFLICTS OF INTEREST 9 17.0 CHOICE OF LAW 10 18.0 PARTIAL INVALIDITY 10 19.0 NO THIRD PARTY BENEFICIARIES 10 20.0 ORDER OF PRECEDENCE 11 EXHIBIT A, FORM OF SUPPLEMENT 12 EXHIBIT B-2, ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED CLAUSES) 15 CERTIFICATION OF RESTRICTIONS ON LOBBYING 23 EXHIBIT B-3, ADDITIONAL TERMS AND CONDITIONS (STATE REQUIRED CLAUSES) 24 EXHIBIT B-4, ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RA TES, APPRENTICESHIPS, AND PAYROLL RECORDS, NON FEDERALLY FUNDED AGREEMENTS) 37 EXHIBIT B-5, ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RA TES, APPRENTICESHIPS, AND PAYROLL RECORDS, FEDERALLY FUNDED AGREEMENTS) 38 EXHIBIT B-6, ADDITIONAL TERMS AND CONDITIONS (RMl, RM2, AB 1171) 42 EXHIBIT B-7, ADDITIONAL TERMS AND CONDITIONS (STP) 49 EXHIBIT C, FORM 10-C 53 MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 4 MASTER FUNDING AGREEMENT Between METROPOLITAN TRANSPORT ATI ON COMMISSION And THE CITY OF SOUTH SAN FRANCISCO For PLANNING, PROGRAMMING, TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS This Master Funding Agreement, effective as of July 1, 2018 (this "Master Funding Agreement" or "Agreement"), is entered into by and between the Metropolitan Transportation Commission (hereafter "MTC"), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., and the City of South San Francisco (hereafter "AGENCY"). MTC and AGENCY are collectively referred to herein as "the Parties." WITNESS ETH WHEREAS, MTC has been designated as the Metropolitan Planning Organization (MPO - federal) and the Regional Transportation Planning Agency ("RTPA" - state) for the San Francisco Bay Region; and WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or otherwise to AGENCY; and WHEREAS, it is expected that these funds will be used for planning, programming, transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the "Project" or "Projects"); and WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from time to time provide funding to AGENCY for the period from July l, 2017 to June 30, 2028;and WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter into at least one Supplement to this Master Funding Agreement, which must be in substantially the form attached hereto as Exhibit A (each, a "Supplement") to establish the terms and conditions applicable to AGENCY when receiving funds for the Project; NOW, THEREFORE, the Parties hereto agree as follows: 1.0 GENERAL This Master Funding Agreement shall have no force and effect with respect to a Project or any portion thereof unless and until a Supplement has been fully executed by both MTC and MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 5 AGENCY governing the relevant Project. Exhibit A, Form of Supplement, is attached hereto and incorporated herein. Each Supplement shall include the following information: a. A description of the applicable Project scope of work; b. A maximum payment amount for the applicable Project scope of work; c. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7 shall apply to AGENCY's implementation of the applicable Project scope of work; d. Any additional covenants, conditions, restrictions or reporting requirements that apply to the applicable Project scope of work or funding source MTC is providing to AGENCY; e. Identification of the MTC and AGENCY project managers for the applicable Project scope of work; f. The estimated budget and payment milestones for the applicable Project scope of work; and g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY. Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the responsibility for implementing the applicable Project scope of work, and MTC will administer funding to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents incorporated by reference into such Supplement. 2.0 INTERAGENCY AGREEMENT ADMINISTRATION The administration of this Agreement will be conducted by MTC staff. Day-to-day management of individual projects required under this Agreement is assigned to the appropriate Project Manager at AGENCY and Project Manager at MTC, as set forth in the applicable Supplement. 3.0 FUNDING A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of the amounts of compensation payable to AGENCY as set forth in each Supplement. B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of the Project in such a way that prevents costs from exceeding the estimated budget set forth in the applicable Supplement. C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-representative employees) MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 6 4.0 TERM This Agreement is in effect from July 1, 2018 to June 30, 2028. This Agreement term may be extended by mutual written agreement. 5.0 PAYMENT Contingent upon AGENCY's satisfactory completion of work products or milestones, as applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that portion of the funds available to AGENCY that have been expended. This invoice will be in the format and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all supporting documentation must accompany expenditures included on AGENCY invoices. Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of MTC's Project Manager or a designated representative. Approval of an invoice shall not be unreasonably withheld. AGENCY should submit invoices electronically via email to MTC at acctpay@mtc.ca.gov or deliver or mail invoices to MTC, as follows: Attention: Accounting Section Metropolitan Transportation Commission Bay Area Metro Center 375 Beale Street, Suite 800 San Francisco, CA, 94105 6.0 DELAYS AND FAILURE TO PERFORM Whenever AGENCY encounters any difficulty that will delay timely performance of work, AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually satisfactory course of action. If MTC determines that (a) AGENCY's failure to complete a product on a timely basis is due to causes solely within AGENCY's control; and/or (b) AGENCY has failed to consider MTC recommendations aimed at facilitating progress toward that product, MTC may impose such sanctions as it may determine appropriate. Sanctions may include withholding of commensurate payment due under this Agreement until compliance is achieved. 7.0 AMENDMENTS This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 7 adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of MTC and AGENCY and specifically identified as amendments to the Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an amendment. 8.0 TERMINATION Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90) days' written notice. In this event, AGENCY shall submit a requisition to MTC for an amount representing the actual cost of services performed up to the effective date of termination for which AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. Upon payment of the amount found due, MTC shall be under no further obligation to AGENCY, monetarily or otherwise. 9.0 USE OF THIRD PARTY CONTRACTS AGENCY may subcontract or subvene funds to local agencies, consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the applicable Supplement hereto, and applicable federal and state requirements. 10.0 INDEMNIFICATION AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement. 11.0 LAWS AND REGULATIONS AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state and/or a local government, and of any agency thereof, including but not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures Manual, as they exist at the time of execution of the Agreement and as they may be amended in the future, which relate to or in any manner affect the performance of this Agreement and any Supplements. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 8 12.0 RECORDS AGENCY agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (e) until completion of any litigation, claim or audit, whichever is longest. 13.0 AUDITS AGENCY shall permit MTC and MTC's authorized representatives to have access to AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. Such permission shall extend to books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement of the AGENCY's contractors and subcontractors, if any. If applicable, should MTC request access to the construction site and related field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access as it deems reasonable and safe, subject to the rights of the property owner if such owner is not AGENCY. AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subconsultant agrees that MTC or any of MTC's duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subconsultant for the term specified above. "Subconsultant" is defined in Article 14.0 Subcontracts, below. 14.0 SUBCONTRACTS A. For purposes of this Agreement, "subconsultant" shall mean any consultant or contractor under contract with the AGENCY to perform Project work. Any subconsultants must be engaged under written contract with AGENCY with provisions allowing AGENCY to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of AGENCY. MTC's Project Manager shall be notified in writing of any substitution or addition of subconsultants. For any Project funded by FTA, FHWA or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Cal trans from time to time, the current version of which is attached hereto as MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 9 Exhibit C, Form 10-C, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC's Project Manager. MTC shall not process payment of any invoice under the applicable Supplement relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with respect to its contract with such subconsultant. B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's obligation to pay its subconsultants is an independent obligation from MTC's obligation to make payments to AGENCY. C. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement in excess of $25,000 entered into under of this Agreement. 15.0 PROHIBITED INTERESTS No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members, domestic partners, and their employers or prospective employers. Accordingly, AGENCY further covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer, agent or employee of MTC ( or an immediate family member, domestic partner or employer or prospective employer of such member, officer, agent or employee) presently has, or will have in the Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC. 16.0 ORGANIZATIONAL CONFLICTS OF INTEREST AGENCY shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed by subconsultants or subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC or AGENCY; a firm or person's objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 10 competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other Agreement. AGENCY shall not engage the services of any subconsultant or subcontractor on any work related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or subcontractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Agreement. If at any time during the term of this Agreement AGENCY becomes aware of an organizational conflict of interest in connection with the work performed by a subconsultant or subcontractor hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances giving rise to this organizational conflict of interest. AGENCY's written notice will also describe alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and any alternatives proposed and meet with AGENCY to determine an appropriate course of action. MTC's determination as to the manner in which to address the conflict shall be final. Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by such subconsultant or subcontractor, or to termination of this Agreement for breach. 17.0 CHOICE OF LAW All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State. 18.0 PARTIAL INVALIDITY If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect. 19.0 NO THIRD PARTY BENEFICIARIES This Agreement is not for the benefit of any person or entity other than the parties. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 11 20.0 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits incorporated into such Supplement, then this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above. METROPOLITAN TRANSPORTATION COMMISSION CITY OF SOUTH SAN FRANCISCO J:\CONTRAClìContracts-New\CON 17-18\Funding Agreements\lDEA Program\Cat !\draft finals\South San Francisco\South San Francisco Master Funding Agreement - IDEA Cat I (Transfer) - Final.docx Approved as to form: ~~t:e: 'OO~ City t ney MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 12 EXHIBIT A FORM OF SUPPLEMENT SUPPLEMENT 1 TO MASTER FUNDING AGREEMENT This Supplement No. __ to Master Funding Agreement ("Supplement or "Agreement") is entered into this__,_ 2018, by and between the Metropolitan Transportation Commission (hereafter "MTC") and the City of South San Francisco (hereafter "AGENCY") and supplements the Master Funding Agreement, dated , 2018, by and between MTC and AGENCY. Pursuant to this Supplement, MTC agrees to provide an amount not to exceed [ dollar amount in written form] dollars ($), consisting of$ [funding type] funds and $ matching funds [if applicable], to AGENCY to fund the deployment of the Innovative Deployments to Enhance Arterials (IDEA) Category I Project (as more fully described in Annex I hereto, the "Supplement Project"). The estimated budget for the Supplement Project scope of work is attached as Annex Il hereto. The AGREEMENT is funded in whole, or in part, by [funding source] Funds allocated to MTC by the [Funding Agency], funds from which have been awarded to AGENCY by MTC. MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex Il hereto. The Supplement Project work will commence , and be completed no later than The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY's performance of the applicable Supplement Project scope of work hereunder: D Exhibit B-1, Additional Terms and Conditions (General), Paragraph A D Exhibit B-1, Additional Terms and Conditions (General), Paragraph B D Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) D Exhibit B-3, Additional Terms and Conditions (State Required Clauses) D Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements) D Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements) D Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RMI, RM2, and AB 1171) D Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ) [Insert any additional covenants, conditions, restrictions or reporting requirements that apply to the Supplement Project scope of work or funding source MTC is providing to AGENCY.] MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 13 [Describe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.] The MTC Project Manager for the Supplement Project is [name, telephone, email]. The AGENCY Project Manager for the Supplement Project is [name, telephone, email]. This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby. Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement. METROPOLITAN TRANSPORTATION COMMISSION CITY OF SOUTH SAN FRANCISCO Steve Heminger, Executive Director Mike Futrell, City Manager MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 14 EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL) A. INSURANCE REQUIREMENTS AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under such Supplement, and in effect at all times for the duration of such Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best's Rating of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance requirements herein utilizing self-insurance providing equivalent coverage. B. CLAIMS OR DISPUTES Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee ("DRC") be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC. Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 15 EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS FEDERALLY REQUIRED CLAUSES 1. EQUAL EMPLOYMENT OPPORTUNITY In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FT A-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment. 2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY lt is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's procurement and professional services activities. AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of the applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate. 3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the current FT A Circular 4 702.1 A, "Nondiscrimination Guidelines for FTA Recipients," the U .S. DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons. MTC/City of South San Francisco Funding Agreement for FY 20 I 7- I 8 to FY 2026-27 Page 16 4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 531 O(f); and their implementing regulations. 5. STATE ENERGY CONSERVATION PLAN AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321). 6. ALLOW ABILITY OF COSTS AGENCY shall comply with the cost principles (as applicable) in Office of Management and Budget (0MB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter l Part 31, or 49 Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as applicable. ln addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part 200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply with 48 Code of Federal Regulations, Chapter 1, Part 31. 7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES FTA/FHW A reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or AGENCY purchases ownership under the applicable Supplement. 8. IDENTIFICATION OF DOCUMENTS All reports and other documents completed as part of the applicable Supplement shall can-y the following notation on the front cover or title page: "The preparation of this report has been financed in part by grants from the: [select appropriate agency] Federal Transit Administration/Federal Highway Administration, U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 17 9. AUDITS AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives access to AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. If, as a result of any audit, it is determined by the auditor that reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that represented and relied upon during price negotiations or represented as a basis for payment, AGENCY agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC. AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subrecipient for the term specified above. 1 O. FL Y AMERICA REQUIREMENTS. AGENCY agrees to comply with 49 U.S.C. 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 1 O, which provide that recipients and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. AGENCY agrees to include the requirements of this Section in all subcontracts that may involve international air transportation. 11. PROGRAM FRAUD AND FALSE OR FRAUDULENT ST A TEMENTS AND RELATED ACTS. A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 18 "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA assisted project for which work is being performed under the applicable Supplement. In addition to other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on AGENCY to the extent the Federal Government deems appropriate. B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l) on AGENCY, to the extent the Federal Government deems appropriate. C. AGENCY agrees to include the above two clauses in each subcontract financed in whole or in part with Fed eral assistance provided by FT A. lt is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions. 12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the applicable Supplement or this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement. 13. DEBARMENT This Article is only applicable if the applicable Supplement exceeds $25,000. AGENCY certifies that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 19 14. CLEAN AIR AND WA TER POLLUTION ACTS This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 15. LOBBYING This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code § 1352 and 49 C.F.R. Part 20. Attachments: Attachment A - Federally Required Certifications (AGENCY shall either provide these certifications to MTC or shall provide copies of such certifications AGENCY has independently made to the Federal Government.) MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 20 EXHIBIT B-2 Attachment A Federally Required Certifications CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Instructions for Certification: I. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MTC may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [ 49 CFR Part 29]. Y ou may contact MTC for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 21 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 22 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION (I) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. Section 29.105(p )] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. Date ~. Mille- F~ err¡ Mf'rNAC:>d_ (type/print name and titi~ Approved as to form: Date: Q2jl ! 'l By: 0A City t rney MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 23 CERTIFICATION OF RESTRICTIONS ON LOBBYING I, Ml jll? ~) CAr/ w;(L hereby certify on behalf of ~lr'I tJr SS¡;:. (name and title of grantee (name of grantee) official) that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Joan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U .S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of ---- (title of authorized official) Approved as to form: Date: lo y <t By: _~_,;,...i.--i,:;._..-- Cit MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 24 EXHIBIT B-3 ADDITIONAL TERMS AND CONDITIONS STATE REQUIRED CLAUSES 1) Attachment A- Fair Employment Practices Addendum 2) Attachment B - Nondiscrimination Assurances a. Appendix A - Clauses to be inserted in every agreement subject to the ACT, as defined in Attachment Bof this Exhibit and REGULA TI ONS, also as defined in Attachment B. b. Appendix B -To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein c. Appendix C-To be included for subsequent transfer of real property acquired or improved under federal-aid Program d. Appendix D - To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program 3) Attachment C- State Department of Transportation Requirements MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 25 EXHIBIT B-3 ATTACHMENT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of family care leave. AGENCY shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STA TE setting forth the provisions of this Fair Employment section. 2. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full. Each of the AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate. 3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the applicable Supplement. 4. AGENCY shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by ST A TE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by ST A TE, for the purposes of investigation to ascertain compliance with the Fair Employment section of the applicable Supplement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 26 (b) For willful violation of this Fair Employment Provision, STA TE shall have the right to terminate the funding for the applicable Supplement either in whole or in part, and any loss or damage sustained by ST A TE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STA TE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY's breach of the applicable Supplement. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 27 EXHIBIT B-3 ATTACHMENT B NONDISCRIMINATION ASSURANCES AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the ST A TE, acting for the U .S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of I 964" (hereinafter referred to as the REGULA TI ONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULA TI ONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULA TI ONS. More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program: 1. That AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULA TI ONS. 2. That AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULA TI ONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULA TI ONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 28 5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program. 8. That this assurance obligates AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;or (b) the period during which AGENCY retains ownership or possession of the property. 9. That AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub-grantees, applicants, sub- applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULA TI ONS, this Assurance and the Agreement. 1 O. That AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULA TI ONS, and this Assurance. I 1. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any ST A TE assisted contract or in the MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 29 administration on its DBE Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STA TE assisted contracts. The California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the Implementation Agreement, ST A TE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC I 00 I and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub- applicants, transferees, successors in interest and other participants in the federal-aid Highway Program. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 30 APPENDIX A TO ATTACHMENT B (Clauses to be inserted in every agreement subject to ACT and REGULA TI ONS) During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows: (1) Compliance with Regulations: AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of the applicable Supplement. (2) Nondiscrimination: AGENCY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULA TI ONS, including employment practices when the agreement covers a program set forth in Appendix Bof the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by AGENCY of the AGENCY's obligations under the applicable Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STA TE or FHWA to be pertinent to ascertain compliance with such REGULA TI ONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STA TE or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of AGENCY's noncompliance with the nondiscrimination provisions of the applicable Supplement, ST A TE shall impose such agreement sanctions as it or the FHW A may determine to be appropriate, including, but not limited to: (a) withholding of payments to AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (I) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULA TI ONS, or directives issued pursuant thereto. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 31 AGENCY shall take such action with respect to any sub-agreement or procurement as STA TE or FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, AGENCY may request ST A TE enter into such litigation to protect the interests of ST A TE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 32 APPENDIX B TO ATTACHMENT B To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein) The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U .S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors arid assigns. AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed(;) (and)* (2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 33 the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 34 APPENDIX C TO ATTACHMENT BTo be included for subsequent transfer of real property acquired or improved under federal-aid Program) The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment 1-2. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add 'as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 35 APPENDIX DTO ATTACHMENT B Appendix D-(To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal- aid Program) The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment I-2. The grantee (licensee, Jessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (I) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, Jessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 36 EXHIBIT B-3, ATTACHMENT C STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS Caltrans Non - Discrimination A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, and shall affirmatively require that its contractors shall not, unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of family care leave. B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that its contractors and subcontractors and/or subrecipients shall comply, with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full. C. Each of AGENCY's contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. AGENCY shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under the applicable Supplement. D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the applicable Supplement by this reference. Wherever the term "Contractor" appears therein, it shall mean AGENCY. E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by STA TE to investigate compliance with these non-discrimination provisions. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 37 EXHIBIT B-4 ADDITIONAL TERMS AND CONDITIONS PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS NON FEDERALLY FUNDED AGREEMENTS AGENCY's contractor(s) and all subcontractors shall comply with applicable sections of the California Labor Code and regulations promulgated thereunder (including without limitation, Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to work performed and/or funded under this Agreement. In particular, AGENCY's attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). AGENCY's contractor(s) and all subcontractors, to the extent the work of such contractor(s) and subcontractors under this Agreement are subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the Labor Commissioner through the internet portal of the Division of Labor Standards Enforcement. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 38 EXIDBITB-5 ADDITIONAL TERMS AND CONDITIONS PREVAILING WAGE RA TES, APPRENTICESHIPS, AND PAYROLL RECORDS FEDERALLY FUNDED AGREEMENTS The Additional Federal Clauses Applicable to Public Works included in Attachment A, attached hereto and incorporated herein by this reference, and the Davis-Bacon prevailing wages apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll Reporting Form, as found at https://www.dol.gov/whd/forms/wh347.pdf, shall be prepared or collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records. MTC may withhold payment if the certified payrolls to be submitted by AGENCY pursuant to this Exhibit B-5, Prevailing Wage Rates, Apprenticeships, and Payroll Records, are not current. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 39 EXHIBIT B-5 ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS l. Buy America 2. Davis-Bacon Act 3. Contract Work Hours and Safety Standards Act 4. Copeland Anti-Kickback Act 5. Prompt Payment of Funds Withheld to Subcontractors MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 40 l. Buy America Requirements Buy America -Attention is directed to the "Buy America" requirements of the surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance shall be furnished for steel and iron materials. The certificates shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed on AGENCY by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The AGENCY or its contractor(s) shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporation the materials into the work. Certification requirement for procurement of steel, iron, or manufactured products. The AGENCY hereby certifies that all manufacturing process for steel and iron materials occurred in the United States, except for the abov Signature: Name and Title: Company Name: Date: Approved as to form: Date: ~~ By: ~ Cit rney MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 41 2. DA VIS-BACON ACT For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland "Anti-Kickback" Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction." In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contract Work Hours and Safety Standards Act - (i) The AGENCY's contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U .S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the AGENCY's contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The AGENCY's contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 42 4. COPELAND ANTI-KICKBACK ACT Compliance with Copeland Act requirements - The AGENCY's contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY's prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating AGENCY's prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 43 EXHIBIT B-6 ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS INCLUDING RMI, RM2, AND AB 1171) Recitals WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority ("BA TA") which is a public instrumentality governed by the same board as that governing MTC; and WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BAT A for funding projects consistent with SHC Sections 30913 and 30914; and WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and WHEREAS, on November 8, 1988, voters approved Regional Measure I ("RM l "), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and WHEREAS, on March 2, 2004, voters approved Regional Measure 2 ("RM2"), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914( e) and ( d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and WHEREAS, AGENCY submitted one or more allocation requests for RM2, AB 1171, and/or RM 1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY's resolution(s) approving the allocation request(s) are MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 44 attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment A as Attachment C, MTC Resolution(s) Approving Project Request, MTC approved AGENCY's request(s) for the applicable funds for the applicable Project. I. AGENCY AGREES A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attaclunent A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request. B. AGENCY shall provide MTC with annual progress reports on or before each July 31 throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636. C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RMI, RM2 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RMI, RM2 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC. D. AGENCY agrees to spend RMI, RM2 and/or AB I I 71 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment E, Reimbursement Schedule. E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM 1, RM2 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised, as well as the provisions of MTC's RM2 Policy Guidance contained in Attachment D, MTC Resolution No. 3636, relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 from time to time. The AGENCY agrees to comply with the most current Resolution that is approved at any given time. F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report, as it may be updated from time to time. Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 45 G. AGENCY certifies that: • The Project is consistent with the Regional Transportation Plan ("RTP"). • All environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment. • The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement. • AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A. • If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised. • If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c). • If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 3101 O(b). • The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Sections 15000 et seq.), and if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder. • There is no legal impediment to AGENCY making allocation requests for RMI, RM2 and/or AB 1171 funds, as applicable. • There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project. H. In addition to AGENCY's commitment under Article 1 O, INDEMNIFICATION, of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RMI, RM2 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages. I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC's percentage participation in the Project. MTC's percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 46 Attachment E, Reimbursement Schedule, as updated from time to time, as such amount may be adjusted to reflect total project costs. J. Project assets purchased by AGENCY with RMI, RM2 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC's option) based on MTC's share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM I, RM2 and/or AB 1171 funds, as applicable, were originally used. K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two signs visible to the public stating that the Project is funded with RM I, RM2 and/or AB 1171 funds, as applicable. L. AGENCY's City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies. M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised, and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request. II. MTC AGREES A. MTC agrees to provide AGENCY with RMI, RM2 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A. The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY's allocation request from the State according to the Allocation Request Schedule provided in Attachment F to the applicable Supplement. In the event AGENCY does not use all RMJ, RM2 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement. MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 47 III. IT IS MUTUALLY AGREED A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY's performance hereunder; or (ii) disrupts MTC' s ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owes to the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement. B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by serving a sixty (60) day advance written notice of termination on AGENCY, setting forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC's satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default. C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RMI, RM2 and/or AB 1171 funds, as applicable, expended that exceed MTC's proportionate share of eligible costs for the Project. D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred. E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised, or on the termination date, if any, set forth in the Supplement, whichever is sooner. F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein. Attachment A - Updated Initial Project Report (Allocation Request) Attachment B -AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C - MTC Resolution(s) Approving Project Request(s) Attachment D - MTC Resolution No. 3636, Revised Attachment E - Reimbursement Schedule Attachment F -Allocation Request Schedule MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 48 MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 49 EXHIBIT B-7 ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ) 1. TERMINATION Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (1 O) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable. If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product. 2. RETENTION OF RECORDS AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close. 3. AUDITS Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U .S. Department of Transportation, FHW A, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY's books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4. AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term "contract" as used in this clause excludes agreements not exceeding $25,000. MTC/City of South San Francisco Funding Agreement for FY 20 I 7-18 to FY 2026-27 Page 50 4. LICENSE TO WORK PRODUCTS AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data, and products ("Work Products") developed, prepared, or assembled by AGENCY or AGENCY's consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a third party, without the approval of AGENCY or AGENCY's consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY's consultant(s) or subconsultants purchase ownership under this Agreement. 5. EQUAL EMPLOYMENT OPPORTUNITY In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FT A-funded projects, AGENCY agrees that it shall not, on the grounds ofrace, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment. 6. DISADVANTAGED BUSINESS ENTERPRISES (DBE) lt is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's procurement and professional services activities. AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate. 7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of I 964 ( 4 7 U .S.C. § 2000( d)) and the regulations of the Department of Transportation issued thereunder ( 49 CFR Part 21 ). 8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 531 O(f); and their implementing regulations. 9. ST A TE ENERGY CONSER V A TI ON PLAN MTC/City of South San Francisco Funding Agreement for FY 20 I 7-18 to FY 2026-27 Page 51 AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321). 10. DEBARMENT AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department. 11. CLEAN AIR AND WA TER POLLUTION ACTS AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR Part 15). 12. LOBBYING AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code§ 1352 and 49 C.F.R. Part 20. 13. INDEMNIFICATION Notwithstanding Article IO.O, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. 14. COMPLIANCE WITH LA WS AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"), and are herein incorporated by this reference and made a part hereof. AGENCY contractors shall agree to comply with all 48 CFR, Chapter I, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section I 5000 et MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 52 seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder. 15. IDENTIFICATION OF DOCUMENTS AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page: "The preparation of this report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." MTC/City of South San Francisco Funding Agreement for FY 2017-18 to FY 2026-27 Page 53 EXHIBIT C FORM 10-C City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 152-2018 FIie Number: 18-773 Enactment Number: RES 152-2018 RESOLUTION APPROVING THE MASTER FUNDING AGREEMENT WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR FISCAL YEAR 2017-18 THROUGH FISCAL YEAR 2026-27 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. WHEREAS, staff recommends approval of the Master Funding Agreement with the Metropolitan Transportation Commission ("MTC") for Fiscal Year 2017-18 through Fiscal Year 2026-2027; and WHEREAS, the City of South San Francisco's ("City'') administration of state and federally funded local transportation projects is carried out under a Master Administrating Agreement with the MTC; and WHEREAS, in a Master Funding Agreement, the local agency agrees to comply with all Federal and State laws, regulations, policies and procedures relative to the design, right-of-way acquisition, environmental compliance and construction; and WHEREAS, each individual grant-funded project requires an execution of a Funding Agreement ("Agreement") for local match contribution which defines the funding information and other covenants governing reimbursement of the City's costs; and WHEREAS, the Agreement will allow the City to seek reimbursement at the maximum of $565,330 of eligible design and construction phase costs for the Innovative Deployments to Enhance Arterials ("IDEA") Category I Project; and WHEREAS, on February 7, 2018, the City of South San Francisco was notified via a letter that the City's Category 1 Project grant application was selected for an award amount of $565,330; and WHEREAS, the core goals of the IDEA Program are to improve travel time and travel time reliability along arterials for automobiles and transit vehicles, improve safety for all users, decrease emissions and fuel consumption and improve knowledge of and proficiency in the use of advanced technologies for arterial operations; and WHEREAS, the Agreement will specifically allow the City to use funds to improve arterial operation and incident management by deploying automated traffic signal performance measures on several corridors and implementing variable lane assignment operational strategy at one of the City's major signalized intersections; and City of South San Francisco Page1 MTC/City of South San Francisco Master Funding Agreement for FY 2017-18 through FY 2026-27 Supplement No.1 – IDEA Program CAT 1 Page 1 SUPPLEMENT 1 TO MASTER FUNDING AGREEMENT This Supplement No. _1__ to Master Funding Agreement (“Supplement or “Agreement”) is entered into this First day of July , 2018, by and between the Metropolitan Transportation Commission (hereafter “MTC”) and the City of South San Francisco (hereafter “AGENCY”) and supplements the Master Funding Agreement, dated ____July 01___, 2018, by and between MTC and AGENCY. Pursuant to this Supplement, MTC agrees to provide an amount not to exceed five hundred and sixty five thousand, three hundred and thirty dollars ($565,330), consisting of $469,566 Surface Transportation Program (STP) funds and $95,764 matching funds, to AGENCY to fund the deployment of the Innovative Deployments to Enhance Arterials (IDEA) Category 1 Project (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget for the Supplement Project scope of work is attached as Annex II hereto. The AGREEMENT is funded in whole, or in part, by STP Funds allocated to MTC by the Federal Highway Administration (FHWA), funds from which have been awarded to AGENCY by MTC. MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex II hereto. The Supplement Project work will commence July 01, 2018, and be completed no later than _June 30, 2021. The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder: X Exhibit B-1, Additional Terms and Conditions (General), Paragraph A X Exhibit B-1, Additional Terms and Conditions (General), Paragraph B X Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) Exhibit B-3, Additional Terms and Conditions (State Required Clauses) Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements) X Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements) Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171) X Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ) AGENCY shall provide the following information in its cost reimbursement request to MTC: Page 1 of 5 MTC/City of South San Francisco Master Funding Agreement for FY 2017-18 through FY 2026-27 Supplement No.1 – IDEA Program CAT 1 Page 2 a. Total costs expended for the PROJECT during the reporting period b. Dollar amount requested for reimbursement c. Total costs expended for Project activities to-date d. Total amount paid by MTC under this Agreement to-date e. Total amount of local cash match expended for project activities to-date f. Total amount of in-kind match expended for project activities to-date The MTC Project Manager for the Supplement Project is Lulu Mao, (415)778-6634, lmao@bayareametro.gov. The AGENCY Project Manager for the Supplement Project is Richard Cho, (650)829-6663, Richard.Cho@ssf.net. This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby. Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement. METROPOLITAN TRANSPORTATION COMMISSION CITY OF SOUTH SAN FRANCISCO Steve Heminger, Executive Director Mike Futrell, City Manager J:\CONTRACT\Contracts-New\CON 17-18\Funding Agreements\IDEA Program\Cat 1\draft finals\South San Francisco\South San Francisco Master Funding Agreement - IDEA Cat 1 Supplement 1.docx Page 2 of 5 MTC/City of South San Francisco Master Funding Agreement for FY 2017-18 through FY 2026-27 Supplement No.1 – IDEA Program CAT 1 Page 3 Annex I SCOPE OF WORK AGENCY received a grant under MTC’s Innovative Deployments to Enhance Arterials (IDEA) Program – an initiative that is designed to support cities, counties and transit agencies in the implementation of either mature, commercially-available technologies (Category 1) or new, higher-risk connected and automated vehicle technologies (Category 2). The IDEA Program aims to: 1. Improve travel time and travel time reliability along arterials for autos and transit vehicles; 2. Improve safety of motorists, transit riders, bicyclists, and pedestrians; 3. Decreasing motor vehicle emissions and fuel consumption; and 4. Improve knowledge of and proficiency in the use of advanced technologies for arterial operations. Specifically, AGENCY received a grant for a Category 1 project (Figure 1) to improve arterial operation and incident management: 1. Deploy Automated Traffic Signal Performance Measures (ATSPM) on several corridors throughout the City. 2. Implement variable lane assignment operational strategy at one of the four intersections. Where appropriate and applicable, AGENCY shall lead the procurement to engage vendor(s), contractor(s), and/or consultant(s) to perform the work necessary to successfully complete the project. Such procurements could include, but are not be limited to, the following: - Capital (e.g., systems, software/hardware/firmware, equipment, etc.) - Design services - System integration services - Project construction services - Construction management/support services Some of the procurements for technical assistance services could be led and managed by MTC. During the course of the project, MTC Project Manager and AGENCY Project Manager shall work collectively to determine which agency will lead which procurement, based on what would be the most efficient and expeditious approach to meeting the project delivery schedule. AGENCY shall participate in regularly-scheduled calls to ensure project delivery goals are met. AGENCY shall provide an appropriate level of staff support and administration required for the successful completion of the project. AGENCY shall agree to share data collected as part of the project, if requested by MTC. MTC and AGENCY shall mutually agree upon what specific data can be shared. Page 3 of 5 MTC/City of South San Francisco Master Funding Agreement for FY 2017-18 through FY 2026-27 Supplement No.1 – IDEA Program CAT 1 Page 4 Figure 1 Project Area Page 4 of 5 MTC/City of South San Francisco Master Funding Agreement for FY 2017-18 through FY 2026-27 Supplement No.1 – IDEA Program CAT 1 Page 5 Annex II PROJECT BUDGET The following table provides the total estimated project budget, broken down by MTC’s share and AGENCY’s share (cash and in-kind match) of the total project cost. To meet the Agency’s cash match requirement, AGENCY shall contribute the agreed-upon amount of $106,825, of which $11,061 shall be forwarded to MTC to cover the cash match for the MTC-led work. MTC-led Work SOUTH SAN FRANCISCO -led Work Total Project Cost MTC Share $62,434 $469,566 $532,000 SOUTH SAN FRANCISCO Share (cash match) $11,061 $95,764 $106,825 SUBTOTAL $73,495  $565,330 $638,825 SOUTH SAN FRANCISCO Share (in-kind match) n/a $71,000 $71,000 TOTAL $73,495 $636,330 $709,825 EXHIBIT A Page 5 of 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-921 Agenda Date:1/12/2022 Version:1 Item #:6. Report regarding a resolution authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the June 7,2022 Statewide Direct Primary Election and approving Budget Amendment 22.036.(Valerie Sommer,Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division (SMCo Elections)to support a 30- Day Vote Center at the Main Library for the June 7,2022 Statewide Direct Primary Election and approving Budget Amendment 22.036. BACKGROUND/DISCUSSION From May 9,2022 through June 7,2022,South San Francisco Main Library will serve as a Vote Center for the upcoming June 7,2022 Statewide Direct Primary Election.Although San Mateo County has gone to an all- mailed ballot election,Vote Centers are still needed to assist those residents with ballot issues or to complete the voting process.Traditional polling places have been replaced by Vote Centers,which are open for voting for an extended period,and which offer expanded voter services,including voter registration,multilingual assistance,and disabled access voting options.This will be the eighth election for which the Library,partnering with the City Clerk,has provided Vote Center services.Establishment of accessible Vote Centers is an important factor in securing successful voter turnout.Funding will support library staff scheduled on site around regular library hours and Peninsula Library System Network setup costs. FISCAL IMPACT Funds received from SMCo Elections will be used to amend the Library Department’s current FY 2021-2022 Operating Budget per Budget Amendment 22.036.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #6:Community Connections, by providing a local vote site as a convenient option to the mail-in ballot. CONCLUSION Receipt of these funds will support the 30-Day Early Vote Center at the Main Library for the June 7,2022 Statewide Direct Primary Election.It is recommended that the City Council accept $4,345 in funding from SMCo for this purpose. City of South San Francisco Printed on 3/16/2022Page 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 #:21-922 Agenda Date:1/12/2022 Version:1 Item #:6a. Resolution authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the June 7,2022 Statewide Direct Primary Election and approving Budget Amendment 22.036. WHEREAS,the City of South San Francisco (“City”)Library Department’s Five Year Strategic Plan includes a goal of creating community connections; and WHEREAS,the South San Francisco Main Library will serve as a 30-Day Early Vote Center for the upcoming June 7, 2022 Statewide Direct Primary Election; and WHEREAS,the San Mateo County Registration and Elections Division has awarded the City $4,345 in funding to support the 30-Day Early Vote Center at the South San Francisco Main Library; and WHEREAS,the Vote Center will be available to assist residents with ballot issues and will provide expanded voter services, including voter registration, multilingual assistance, and disabled access to voting options; and WHEREAS,this will be the eighth election for which the Library,partnered with the City Clerk,has provided early voter services to help encourage a successful voter turnout; and WHEREAS,Library staff recommends to accept funding in the amount of $4,345 from the San Mateo County Registration and Elections Division to support a 30-Day Early Vote Center; and WHEREAS,funds will be used to amend Fiscal Year (FY)2021-2022 Operating Budget of the Library Department via Budget Amendment 22.036. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $4,345 in funding from the San Mateo County Registration and Elections Division and approve Budget Amendment 22.036 to amend the Library Department’s FY 2021-2022 Operating Budget in order to reflect an increase of $4,345. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:21-923 Agenda Date:1/12/2022 Version:1 Item #:7. Report regarding a resolution authorizing the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the FY2022 -2023 Revenue Budget upon receipt of grant award.(Valerie Sommer,Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application for Community Development Block Grant (CDBG)funds allocated through the City of Daly City for FY 2022-2023 in the amount of $20,000 to support Project Read and authorize the Finance Director to adjust the 2022-2023 revenue budget upon receipt of a grant award letter. BACKGROUND/DISCUSSION It is recommended that City Council adopt a resolution authorizing the filing of a grant application for CDBG funds allocated through the City of Daly City.Last year Project Read received $20,000 from this program to support 40 adult literacy students living in Daly City.Staff anticipate receiving the same amount as FY 20-21. The City has received Daly City CDBG funds for over fifteen years. Adult learners receive free services that include 1)a literacy assessment,2)free one-on-one tutoring or small group tutoring,3)free workbooks and dictionaries,and 4)use of library computers.Adult literacy services target adults with low level English reading and writing skills and focus on basic skill development.Over the 2020-2021 fiscal year,33%of the adult learners were from Daly City,while 59%were from South San Francisco and 8% were from San Bruno and Colma. In 1985,when Project Read was established,the City was encouraged by the California State Library to serve North San Mateo County,thus increasing the number of people served.Part of our funding structure is reliant on matching funds from California Library Literacy Services (CLLS).Matching funds are based on the amount expended on literacy services and the number of adult literacy students served.Even through the pandemic, last year,CLLS supported our program with $66,969 in funding.By serving students in Daly City,San Bruno and Colma,we increase the amount received in matching funds.In addition,expanding our geographic area has proven successful when applying for grants to support enhanced programming for low-income,low-literacy participants.In the current fiscal year,some of our programs include the Volunteer Income Tax Assistance program (VITA) and a financial literacy training component which has resulted in grants amounting to $43,800. Most Project Read participants are SSF residents and benefit from our core adult literacy services.Additional SSF community support from grant-funded programs includes visits from Learning Wheels,Families for Literacy programs,and workshops on digital literacy.Prior to COVID-19,annual core user participation reached over 450 SSF residents regularly participating in at least one of these enhanced programs. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-923 Agenda Date:1/12/2022 Version:1 Item #:7. FISCAL IMPACT Grant funds received from the CDBG program for FY 2022-2023 will offset general fund expenses;there will be no need to increase the Library Department’s budget for expenditures.Receipt of these funds does not commit the City to ongoing or matching funding.Adopting this resolution will authorize the Finance Director to amend the 2022-2023 revenue budget upon receipt of a grant award letter. RELATIONSHIP TO STRATEGIC PLAN Support of Project Read’s Adult Literacy services will provide enhanced literacy programming for low literate adults within the City and surrounding communities.The strengthening of learning programs is an action item in the City Strategic Plan under Priority #3: Quality of Life. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application for Community Development Block Grant (CDBG)funds allocated through the City of Daly City for FY 2022- 2023 in the amount of $20,000 to support Project Read and authorize the Finance Director to amend the revenue budget upon receipt of a grant award letter in any amount of CDBG funding awarded by the City of Daly City in response to this grant application.Receipt of these funds will enable Project Read to continue adult literacy services for Daly City residents. City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-924 Agenda Date:1/12/2022 Version:1 Item #:7a. Resolution authorizing the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the FY2022 - 2023 Revenue Budget upon receipt of grant award. WHEREAS,the City of South San Francisco (“City”)Library Department established Project Read to assist adults and their families in reaching literacy goals; and WHEREAS,in addition to the services provided within the City,Project Read provides adult literacy services to approximately 40 individuals in Daly City; and WHEREAS,these services have been supported in previous years by Community Development Block Grant (CDBG) funding administered through the City of Daly City; and WHEREAS,staff recommends authorizing Project Read to apply for CDBG funding in the amount of $20,000 for Fiscal Year 2022-2023 to support adult literacy services in Daly City; and WHEREAS,staff further recommends authorizing the Director of Finance to adjust the FY2022-2023 revenue budget upon receipt of a grant award letter of any amount of CDBG funding awarded by the City of Daly City as a result of this grant application. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City for Fiscal Year 2022-2023. BE IT FURTHER RESOLVED that City Council of the City of South San Francisco hereby authorizes the Director of Finance to adjust the FY 2022-23 revenue budget upon receipt of notification that Daly City CDBG grant funds have been awarded to Project Read. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to execute any necessary documents for the grant application and/or receipt of grant funds,and designates the City Manager of the City of South San Francisco as the signatory for CDBG funding. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-924 Agenda Date:1/12/2022 Version:1 Item #:7a. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-06 Agenda Date:1/12/2022 Version:1 Item #:8. Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.037.(Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funding in the amount of $25,000 from the Woodlawn Foundation to support Community Learning Center’s (CLC)after-school homework program,and amending the Library Department’s Fiscal Year 2021-2022 (FY21-22) Operating Budget via Budget Amendment 22.037. BACKGROUND/DISCUSSION On December 30,2021,the Woodlawn Foundation awarded $25,000 in grant funding to support the Community Learning Center’s (CLC)after-school homework program.CLC offers free after-school academic support for children attending school or living in South San Francisco.Many program children come from households where parents work multiple jobs and/or have language or literacy issues.The after-school program consists of the Homework Club for children in 3rd to 5th grade.The program aims to promote the successful completion of homework,a critical need identified by both teachers and parents.CLC meets with parents and hosts family education workshops focusing on math,reading,and healthy living to support learning at home. In addition to homework assistance,the program offers dynamic learning clubs featuring enrichment activities such as Reader’s Theater and Mileage Running Club.Science,Technology,Engineering,and Math (STEM) activities are also provided throughout the school year. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current fiscal year 2021-2022 Operating Budget via Budget Amendment 22.037.Funds not expended in fiscal year 2021-2022 will be carried over into fiscal year 2022-2023. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant will contribute to the City’s Strategic Plan under Priority #6:Community Connections, by strengthening the Community Learning Center’s after-school homework support and enriched STEAM learning programs for South San Francisco students. CONCLUSION Receipt of these funds will support the Community Learning Center’s after-school homework program for children attending school or living in South San Francisco.It is recommended that the City Council accept $25,000 in grant funding and amend the Library Department’s FY21-22 Operating Budget via Budget Amendment 22.037. City of South San Francisco Printed on 3/16/2022Page 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 #:22-07 Agenda Date:1/12/2022 Version:1 Item #:8a. Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.037. WHEREAS,the City of South San Francisco (“City”)Library Department established the Community Learning Center (CLC) to assist adults and their families in reaching educational goals; and WHEREAS,acceptance of the grant contributes to the City’s Strategic Plan under Priority #6:Community Connections,by strengthening CLC’s after-school homework support and enriched STEAM learning programs for South San Francisco students; and WHEREAS,the Woodlawn Foundation awarded a grant to the City in the amount of $25,000 to fund after- school homework programs at the Community Learning Center; and WHEREAS,the homework programs promote the successful completion of homework,host family education workshops, and provide art, music, science, technology, engineering and math activities; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $25,000 from the Woodlawn Foundation to support the Community Learning Center after-school homework programs; and WHEREAS,the foregoing grant funds will be used to amend the Library Department’s Fiscal Year 2021-2022 operating budget through Budget Amendment 22.037. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $25,000 in grant funding from the Woodlawn Foundation and approves Budget Amendment 22.037. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:22-17 Agenda Date:1/12/2022 Version:1 Item #:9. Report regarding a resolution to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) RECOMMENDATION Staff recommends that the City Council adopt a resolution to continue allowing the City Council and advisory bodies to conduct meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). BACKGROUND/DISCUSSION Adopted and signed into law on September 16,2021,Assembly Bill 361 (AB 361)permits local legislative bodies to meet remotely during a declared state of emergency by complying with certain statutory requirements and making certain findings relating to the ability to meet safely in person.After an initial remote meeting utilizing the provisions of AB 361,the City Council will be required to reconsider the circumstances of the emergency every 30 days that the City’s legislative bodies need to be able to continue to meet remotely in order to ensure the health and safety of the public. On September 21 and October 27,2021,the City Council adopted Resolutions Nos.166-2021 and 185-2021 making findings and declaring the need for the Council and advisory bodies to continue meeting remotely in order to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e).Since the adoption of those resolutions,the City Council has utilized a hybrid in-person/teleconference meeting model.During this time,the Delta and Omicron variants have surged to be a significant risk and causing case spikes throughout the state.The San Mateo County Health Department has maintained a Health Order requiring masks indoors in public places,regardless of vaccination status,and the state has similarly issued an indoor mask mandate on December 15,2021.Other state and federal agencies continue to require face coverings and recommend social distancing.The Centers for Disease Control and Prevention (“CDC”)continues to recommend physical distancing of at least six feet (6’)from others outside of the household. The Council is being asked to review the prior AB 361 findings to continue teleconference meetings under AB 361 for the City’s legislative bodies.Staff recommends that the City Council adopt a resolution to declare these findings remain true so that these bodies can continue to meet remotely. FISCAL IMPACT There is no fiscal impact. CONCLUSION Staff recommends that the City Council adopt a resolution to continue conducting the City’s legislative body meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). City of South San Francisco Printed on 3/16/2022Page 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 #:22-18 Agenda Date:1/12/2022 Version:1 Item #:9a. Resolution of the City Council of the City of South San Francisco declaring the continuing need for the City legislative bodies to meet remotely in order to ensure the health and safety of the public and making related findings. WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; WHEREAS, on March 11, 2020, the City Council adopted Resolution No. 35-2020 declaring a local emergency due to COVID-19; and WHEREAS, on May 13, 2020, the City Council adopted Resolution No. 57-2020 amending and updating a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS,as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council and legislative body meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID -19 cases throughout the state; and WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB 361) (2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including that the City Council makes specified findings; and WHEREAS,since the passage of AB 361, the Omicron variant has spread across the Bay Area, the state and nationwide, causing an additional spike in COVID-19 cases and creating significantly higher risks of infection and hospitalization; City of South San Francisco Printed on 3/16/2022Page 1 of 3 powered by Legistar™ File #:22-18 Agenda Date:1/12/2022 Version:1 Item #:9a. WHEREAS, in response to the fast-spreading Omicron variant, the California Department of Public Health issued an order on December 15, 2021 requiring everyone in the state to wear masks in indoor public spaces and workplaces, which order was extended on January 5, 2022; and WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers, and advisory body members in their respective meeting locations; and WHEREAS, because of the rise in cases due to the Delta and Omicron variants, the City is concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings; and WHEREAS, on September 21 and October 27, 2021, the City Council adopted Resolutions Nos. 166-2021 and 185-2021 making findings and declaring the need for the Council and advisory bodies to continue meeting remotely in order to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e); and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and WHEREAS, the State and the Health Officer of the County of San Mateo continue to require all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the circumstances described under Resolutions Nos. 166-2021 and 185-2021 continue to exist and the City continues to be concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings; and WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO RESOLVES AS FOLLOWS: 1.The above recitals are true and correct, and incorporated into this Resolution. 2.In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings: a)The City Council has reconsidered the circumstances of the state of emergency; and b)The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s advisory bodies, as well as staff and members of the public, from meeting safely in person; City of South San Francisco Printed on 3/16/2022Page 2 of 3 powered by Legistar™ File #:22-18 Agenda Date:1/12/2022 Version:1 Item #:9a. c)The State and the Health Officer of the County of San Mateo continue to require all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces, and the CDC continues to recommend physical distancing of at least six feet (6’) from others outside of the household; however the City cannot maintain social distancing requirements for the Councilmembers, advisory bodies, staff and public in the meeting spaces; and d)The City Council and advisory bodies continue to need to be able to meet remotely due to present imminent risks to the health or safety of attendees. 3.City Council and City’s legislative body meetings may continue to be conducted remotely in compliance with AB 361, in order to better ensure the health and safety of the public. 4.The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:22-10 Agenda Date:1/12/2022 Version:1 Item #:10. Report regarding an ordinance amending the South San Francisco Zoning Map (RZ18-0003)to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue.(Christopher Espiritu,Senior Planner and Tony Rozzi, Chief Planner) RECOMMENDATION It is recommended that the City Council waive a second reading and adopt an Ordinance amending the Zoning Map (RZ18-0003)to rezone two parcels at 124 Airport Boulevard and 100 Produce Avenue as a Planned Development. BACKGROUND/DISCUSSION On December 8,2021,the City Council of South San Francisco held a public hearing to solicit public comment and introduced an ordinance amending the Zoning Map to revise the zoning district designation from Business Commercial (BC) to a Planned Development for 124 Airport Boulevard and 100 Produce Avenue. The City Council found that the proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district,and will achieve superior community design, environmental preservation and/or substantial public benefit. The City Council considered the amendment to the South San Francisco Zoning Map,as shown in the accompanying Ordinance Exhibit A,to reflect the proposed Zoning Map Amendment.All other areas of the Zoning Map that are not amended by this Zoning Map Amendment are not included in the accompanying Ordinance Exhibit A, and shall remain in full force and effect. The City Council voted to introduce this ordinance, as amended, which now requires a second reading. (Introduced 12/8/21; Vote 4-1) CONCLUSION The ordinance is now ready for adoption. City of South San Francisco Printed on 3/16/2022Page 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 #:22-11 Agenda Date:1/12/2022 Version:1 Item #:10a. Ordinance amending the South San Francisco Zoning Map (RZ18-0003)to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue WHEREAS, the applicant has proposed construction of a high-density mixed-use residential development, consisting of 480 rental units, and 560 parking spaces (“Project”) over two parcels consisting of 124 Airport Boulevard (APN 015-113-180 and approximately 2.56 acres) and 100 Produce Avenue (APN 015-113-380 and approximately 1.56 acres) collectively referred to as “Project Site” in the City; and, WHEREAS, the proposed Project is located partially within the southwestern portion of the Downtown Station Areas Specific Plan (“DSASP”) area; and WHEREAS, the applicant seeks approval of a General Plan Amendment (GPA18-0004), Downtown Station Area Specific Plan Amendment (SP21-0003), Rezoning Map (RZ18-0003) to create a Planned Development District, Design Review (DR18-0038), Transportation Demand Management Plan (TDM21-0008), and Affordable Housing Agreement (AHA21-0001) for the Project; and WHEREAS, approval of the applicant’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and, WHEREAS, on November 4, 2021, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing, solicited public comment, considered the Sustainable Communities Environmental Assessment (“SCEA”)(EIR18-0005) and the proposed entitlements, and took public testimony on the Project; and, WHEREAS, on November 4, 2021, the Planning Commission reviewed and carefully considered the information in the SCEA (EIR18-0005), and by resolution recommended the City Council adopt the SCEA (EIR18-0005), as an objective and accurate document that reflects the independent judgment and analysis of the City in relation to the Project’s environmental impacts, and find that the SCEA satisfies the requirements of the California Environmental Quality Act and no further environmental review is necessary; and WHEREAS, on November 4, 2021, the Planning Commission reviewed and carefully considered the General Plan Amendment (GPA18-0004), Downtown Station Area Specific Plan Amendment (SP21-0003), Rezoning Map (RZ18-0003) to create a Planned Development District, Design Review (DR18-0038), Transportation Demand Management Plan (TDM21-0008), and Affordable Housing Agreement (AHA21-0001) for the Project and recommended by resolution that the City Council approve the foregoing entitlement requests, including City of South San Francisco Printed on 3/16/2022Page 1 of 4 powered by Legistar™ File #:22-11 Agenda Date:1/12/2022 Version:1 Item #:10a. adoption of an ordinance amending the Zoning Map (RZ18-0003) to create a Planned Development District; and WHEREAS, on December 8, 2021 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the SCEA (EIR18-0005), and the General Plan Amendment (GPA18-0004), Downtown Station Area Specific Plan Amendment (SP21-0003), Ordinance for the Rezoning Map (RZ18-0003) to create a Planned Development District, Design Review (DR18-0038), Transportation Demand Management Plan (TDM21-0008), and Affordable Housing Agreement (AHA21-0001) for the Project. NOW, THEREFORE, BE IT RESOLVED 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 1 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,Federal and State law;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 Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR;the South San Francisco Municipal Code;the Project applications;the Project Plans,as prepared by TCA Architects,dated December 1, 2020;the Sustainable Communities Environmental Assessment,as prepared by Raney Planning & Management,Inc.,dated June 2021;all site plans,and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed November 4,2021 meeting;all reports, minutes,and public testimony submitted as part of the City Council’s duly noticed December 8,2021 meeting;and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2). 3.The Draft Zoning Map Amendment attached as Exhibit A to this Ordinance is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. 4.By Resolution No.211-2021,the City Council,exercising its independent judgment and analysis,has found that a Sustainable Communities Environmental Assessment (EIR18-0005),consistent with the 2040 Plan Bay Area Environmental Impact Report,in accordance with Section 21155.2 of the California Public Resources Code was prepared for the Project,which SCEA adequately discloses and analyzes the proposed Project’s potentially significant environmental impacts.For those impacts that could potentially exceed CEQA thresholds of significance,the City has identified and imposed mitigation measures that avoid or reduce the impact to a level of less-than-significant.Accordingly, the City Council has concluded that the SCEA is the appropriate environmental document for the Project and no further environmental review is required. 5.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. City of South San Francisco Printed on 3/16/2022Page 2 of 4 powered by Legistar™ File #:22-11 Agenda Date:1/12/2022 Version:1 Item #:10a. B.Zoning Map Amendment Findings 1.The Zoning Map will be amended to revise the zoning district designation from Business Commercial (BC) to a Planned Development for 124 Airport Boulevard and 100 Produce Avenue. 2.The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply; 3.The subject property is physically suitable for the type and intensity of the land use being proposed; 4. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare; 5.The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; 6. The development generally complies with applicable adopted design guidelines; and 7.The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the City Council considered the following factors: (a)Appropriateness of the use(s) at the proposed location. (b)The mix of uses, housing types, and housing price levels. (c)Provision of units affordable to persons and families of low and moderate income or to lower income households. (d)Provision of infrastructure improvements. (e)Provision of open space. (f)Compatibility of uses within the development area. (g)Quality of design, and adequacy of light and air to the interior spaces of the buildings. (h)Overall contribution to the enhancement of neighborhood character and the environment of South San Francisco in the long term. (i)Creativity in design and use of land. SECTION 2 AMENDMENTS. The City Council hereby amends the South San Francisco Zoning Map,as shown in Exhibit A to reflect the proposed Zoning Map Amendment.All other areas of the Zoning Map that are not amended by this Zoning Map Amendment are not included in Exhibit A, and shall remain in full force and effect. SECTION 3. SEVERABILITY. City of South San Francisco Printed on 3/16/2022Page 3 of 4 powered by Legistar™ File #:22-11 Agenda Date:1/12/2022 Version:1 Item #:10a. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end, provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared 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. Attachments: Exhibit A - Rezone Map Introduced at a regular meeting of the City Council of the City of South San Francisco held the 08 th day of December 2021. ***** City of South San Francisco Printed on 3/16/2022Page 4 of 4 powered by Legistar™ Zoning Map Amendments 124 Airport Blvd 100 Produce Ave BTP Busi ne ss Te ch. Park S SchoolMIMixed Industrrial PR Parks and Re cre ati onPQPPublic / Quasi Publi c OS Ope n SpaceFCFreeway Commercial TO/RD Transi t Office / R&D CoreBCBusiness Commercial PD PD Zoni ng City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-866 Agenda Date:1/12/2022 Version:1 Item #:11. Report regarding a Public Hearing to receive public comment and consider approval of a resolution amending the Program Year 2021-22 Annual Action Plan (Heather Ruiz, Management Analyst II) RECOMMENDATION Staff recommends that the City Council: 1.Hold a Public Hearing to receive public testimony and comments pertaining to an amendment to the City’s Program Year 2021-22 Annual Action Plan 2.Adopt a resolution approving the Annual Action Plan amendment and approving Budget Amendment #22.038 to rollover $110,000 program revenue budget to Program Year 2021-22 and appropriate $110,000 in CDBG funds BACKGROUND/DISCUSSION The City of South San Francisco adopted its Program Year (PY)2021-22 Annual Action Plan (AAP)for the use of federal Community Development Block Grant (CDBG)funds on April 28,2021.The AAP was subsequently approved by the Department of Housing and Urban Development (HUD). In the 2021-22 Annual Action Plan,the City budgeted its award of $508,064 CDBG funding allocation.This budget approval included administration expenses,public services (grantees),minor home repair programs,and City sponsored programs (including capital and public improvements).However,the City also has approximately $110,000 of program income and rollover entitlement funds from previous years that must be programmed.Staff typically do not know precisely how much program income or rollover funding will be received in a Program Year and therefore drafts the Annual Action Plans with conservatively estimated funds. Usually by time the City submits the year-end Consolidated Annual Performance and Evaluation Report (CAPER)for the Program Year to HUD (usually in September),staff will learn of the additional funds available to the City.The CAPER summarized PY 2021-22 accomplishments and illustrated how effectively the City used its CDBG funding.It also outlined the activities that were funded,the people that were served,and provided a comprehensive accounting of all CDBG funds allocated,expended,and reprogrammed during PY 2020-21. The CAPER was approved for submittal to HUD on September 21, 2021. Staff recommends the Council consider a budget amendment to incorporate these additional $110,000 in CDBG funds into the PY 2021-22 budget.Since the budget change is more than $50,000,the City must also amend the 2021-22 AAP. According to the City’s Citizen Participation Plan (CPP),the City must amend its Annual Action Plan anytime there is a change of CDBG funding of more than $50,000 from one eligible activity to another.The CPP stipulates that the public must be notified whenever there is a substantial amendment and a Public Hearing held to gather any public input regarding the proposed changes.The Public Hearing was noticed on December 10, 2021 to comply with the CPP 30-day noticing requirement. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-866 Agenda Date:1/12/2022 Version:1 Item #:11. DISCUSSION The substantial amendment to the 2021-22 AAP would provide $110,000 of program income and rollover entitlement funds from previous years to the Downtown Breezeway Improvement Project (Project). The Project site,located at 356 Grand Avenue,is known as the Breezeway and is within the eligible area for CDBG investments.A portion of The Breezeway serves as a walkway between the Miller Parking Garage and Grand Avenue whilst the other portion (±4,000 square feet)is currently vacant and fenced.It is this fenced section of the Breezeway that is intended for commercial utilization.It has been a vacant and unimproved public property for several years.The City had issued a RFP in 2019 in attempt to program the space to provide additional amenities and promote economic development but did not receive any suitable responses. This Project will serve the low-to moderate-income area of the City and will activate the area by encouraging additional foot traffic and further revitalizing the downtown core.The Project scope includes grading the area to comply with ADA standards,paving,and installing three steps with a handrail at the Grand Avenue entrance. The work should be completed within three to four weeks of the AAP amendment being approved by Council. The use of CDBG funding for the Project will benefit the City by saving money from the General Fund and will benefit the low-to moderate-income area,address accessibility issues,and improve the “heart of downtown”. The Downtown Breezeway Improvements Project will provide an opportunity to activate this space for public benefit, such as food truck and small business events, public gatherings, or programmable recreation space. FISCAL IMPACT The AAP amendment will program funds from CDBG program income and rollover entitlement funds into the PY 2021-22 CDBG account for the Downtown Breezeway Improvements Project.The Budget Amendment (#22.038)will add $110,000 to the revenue budget for the rolled over entitlement funds and appropriate $110,000 in CDBG funds to allow these funds to be spent.There will be no net impact to the CDBG fund. There is no impact to the General Fund. RELATIONSHIP TO STRATEGIC PLAN The CDBG Program addresses the following Strategic Plan areas: ·Strategic Plan Priority 2 - Quality of Life ·Priority Area 3 - Financial Stability ·Priority Area 6 - Community Connections CONCLUSION Staff recommends that the City Council hold a Public Hearing to receive public testimony and comments pertaining to the amendment to the City’s PY 2021-22 Annual Action Plan,adopt a resolution approving the amendment,and approving Budget Amendment 22.038 to incorporate $110,000 into the PY 2021-22 CDBG budget. Attachments: 1.Presentation City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ January 12, 2022 Attachment 1 Substantial Amendment to Program Year 2021-22 Annual Action Plan Purpose of Annual Action Plan •To identify and assess the City’s housing and economic development needs, goals and strategies •Stipulate how the funds will be spent 2 Amendment Action Plan Change of CDBG funding of more than $50,000 ▫To make a change in allocations or method of distribution ▫To change purpose, scope, location, or beneficiaries of an activity 3 Funding to be Programmed •$110,000 of PY 2021-22 Program Income and Rollover Entitlement Funds Downtown Breezeway Improvements Project $110,000 •Benefit the low-to moderate-income area •Address accessibility issues •Improve the “heart of downtown” Recommended Project Project Location 4th Lane Grand Avenue Breezeway Conclusion •Hold a Public Hearing to hear public testimony and comments pertaining to the amendment to the City’s PY 2021-22 Annual Action Plan •Adopt a resolution approving the AAP amendment and budget amendment #22.038 to rollover $110,000 program revenue budget to PY 2021-22 and appropriate $100,00 in CDBG funds. 9 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-867 Agenda Date:1/12/2022 Version:1 Item #:11a. Resolution approving an amendment to the City’s Community Development Block Grant (CDBG) Program Year 2021-22 Annual Action Plan (AAP) and approving Budget Amendment #22.038 to rollover $110,000 program revenue budget to PY 2021-22 and appropriate $110,000 in CDBG funds to incorporate the AAP amendment into the Program Year (PY)2021-22 CDBG budget. WHEREAS,on April 28,2021,the City adopted its PY 2021-22 Annual Action Plan,which was subsequently approved by the Department of Housing and Urban Development (HUD); and WHEREAS,in the 2021-22 Annual Action Plan,the City was awarded and budgeted $508,064 for its 2021-22 CDBG funding allocation.However,the City also has approximately $110,000 of program income and rollover entitlement funds from previous years that must be programmed; and WHEREAS,since the City will be introducing funds of more than $50,000 to its program,the City must amend the PY 2021-22 AAP by adopting a “Substantial Amendment” as shown in Exhibit A to this resolution ; and WHEREAS,the substantial amendment to the PY 2021-22 AAP will program $110,000 of program income and rollover entitlement funds from previous years to the Downtown Breezeway Improvements Project (Project)thereby requiring a Budget Amendment (#22.038)to add funding budget and request appropriation of said funds; and WHEREAS,the Project is located at 356 Grand Avenue and is within the eligible area for CDBG investments. The Project will serve the low-to moderate-income area of the City and the scope includes grading the area to comply with ADA standards; and WHEREAS,the City Council held a duly noticed public hearing on January 12,2022 to receive public testimony and comments pertaining to amending the Annual Action Plan to reprogram funds to the Downtown Breezeway Improvements Project. NOW, THEREFORE, BE IT RESOVED by the City Council of the City of South San Francisco that the City Council hereby: 1.Approves the amendment to the City’s PY 2021-22 Annual Action Plan attached to this Resolution as Exhibit A and incorporated herein. 2.Authorizes Budget Amendment #22.038 to rollover $110,000 program revenue budget to PY 2021- 22 and appropriate $110,000 in CDBG funds to incorporate the AAP amendment into the PY 2021- City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-867 Agenda Date:1/12/2022 Version:1 Item #:11a. 22 CDBG budget. Exhibit A: PY 2021-22 Draft Amendment ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ FY 2021-2022 AAP Substantial Amendment 1 CITY OF SOUTH SAN FRANCISCO 2021-2022 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT I. Introduction Each year the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of South San Francisco, specifically Community Development Block Grant (CDBG) funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The purpose of the Consolidated Plan is to identify South San Francisco’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the period of the Consolidated Plan. The Annual Action plan provides the yearly goals and framework for achieving the stated plans in the Consolidated Plan. As stated in the City’s Citizen Participation plan, the City shall amend the Annual Action Plan anytime there is a change of CDBG funding of more than $50,000 from one eligible activity to another or to fund a new activity not previously identified in the Annual Action Plan or Consolidated Plan. The public will be notified whenever there is a substantial amendment. A substantial amendment is classified as follows: • To make a change in its allocation priorities or a change in the method of distribution of funds; • To change the purpose, scope, location, or beneficiaries of an activity. To implement these programs and to comply with HUD requirements for distribution and use of funds, the City must make substantial amendments to existing plans: • 2021-22 Annual Action Plan II. Proposed Amendment to the 2021 – 2022 Annual Action Plan The City of South San Francisco proposes to amend the 2021-22 budget as indicated in Table 1. In compliance with HUD and the City’s CPP, the City shall amend the Annual Action Plan anytime there is a change of CDBG funding of more than $50,000 from one eligible activity to another or to fund a new activity not previously identified in the Annual Action Plan or Consolidated Plan. The substantial amendment to the 2021-2022 Annual Action Plan would provide $110,000 of program income and rollover entitlement funds from previous years to Public FY 2021-2022 AAP Substantial Amendment 2 Facility Improvement Projects. The funds would be used toward the Downtown Breezeway Improvements Project. Table 1 – Proposed 2021-2022 Annual Action Plan Proposed Substantial Amendment CAPITAL IMPROVEMENTS/PUBLIC FACILITIES Proposed Public Facility Improvements Projects (Downtown Breezeway Improvements Project) $110,000 Public Comments The City will incorporate any comments received during the public comment period. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-864 Agenda Date:1/12/2022 Version:1 Item #:12. Report regarding a resolution establishing maximum sewer service rates for Fiscal Years 2022-23 through 2027 -28,amending the master fee schedule to include the sewer service rates.(Mike Futrell,City Manager,Janet Salisbury,Finance Director,Eunejune Kim,Public Works Director/City Engineer,and Brian Schumacker, Water Quality Control Plant Superintendent) RECOMMENDATION Staff recommends that the City Council conduct a public hearing,tabulate formal written protests and if less than half of parcel owners protest,adopt a resolution establishing maximum sewer rates for fiscal year’s 2022- 23 through 2027-28. SUMMARY §Sewer rates finance ongoing operation and maintenance and capital improvement projects required to collect and treat wastewater. §The City of South San Francisco's sewer rate is approximately 37%below the San Mateo County average. o Since fiscal year (FY)2011-12,South San Francisco has only increased sewer fees by 3.5 % each year (on average) while meeting mandates and infrastructure maintenance needs. o The City has reduced or waived previously-adopted annual rate increases in two of the past five years. §The City of South San Francisco shares some of these costs with partner agencies. §Bartle Wells Associates (BWA)completed a comprehensive Sewer Rate Plan Study in 2021 and developed the following five-year rate projections. Maximum Recommended Increases: 2022-23 2023-24 2024-25 2025-26 2026-27 2% 3% 3% 3% 3% §The maximum recommended increases per year provides the following benefits: o Generates an additional $4 million in sewer fund revenues over the next five years,providing additional funding for capital needs while minimizing impacts to existing fund balance; and o The compounding effect of the marginal increases over five years lends itself to continued low rate increases in future years. §The most recent Annual Comprehensive Financial Report (ACFR)report shows a sewer fund balance of approximately $25 million.The five-year funding scenario assumes a partial drawdown of fund City of South San Francisco Printed on 3/16/2022Page 1 of 5 powered by Legistar™ File #:21-864 Agenda Date:1/12/2022 Version:1 Item #:12. balances for capital project funding needed in upcoming years. o The recommended five-year rate plan draws down approximately $5.5 million. §South San Francisco's residential rates will remain among the lowest in San Mateo County. §Based on the BWA Sewer Rate Plan Study and the benefits mentioned above,staff recommends the proposed five-year rate plan. BACKGROUND/DISCUSSION Section One - Sewer Fund Overview The City accounts for all sewer operation transactions in a dedicated fund -the Sewer Enterprise Fund (Sewer Fund).All aspects of the City's sewer operations,including collection,conveyance,and treatment of residential and commercial wastewater,are all tracked within the Sewer Fund.Some of the operating revenues and costs are attributable to partner agencies that use the City's sewer system. The City Collects sewer revenues to fund various expenditures, including: §The Federal Pretreatment Program; §The operation, maintenance, and repair of the sewer collection system; §The construction of new sewer collection systems; §Construction of new treatment systems at the WQCP; §Debt service payments; and §The operation,maintenance,and repair of all sewer facilities include sanitary sewer pump stations and the South San Francisco-San Bruno Water Quality Control Plant (WQCP). Fund Revenues Typical Annual Revenues South San Francisco $23,000,000 San Bruno $3,375,109 Colma $860,000 Daly City $260,000 TOTAL $27,495,109 Section Two - Background of the Current Five-Year Rate Plan The sewer rate plan prepared by BWA in 2017 (2017 BWA Rate Study)proposed maximum rate increases in years one through five of 15%,10%,5%,5%,5%,respectively.At the public hearing in 2017,City staff recommended reducing the rate increases to help keep sewer rates as affordable as possible.As a result,the adopted rates included annual adjustments of 13%,10%,2%,2%,2%-roughly 14%lower than the rates initially suggested in the 2017 BWA Rate Study. The City annually reviews maximum adopted sewer rates and reduces or waives increases when fiscally prudent.The City lowered the rate increase adopted for FY 2018-19 from 10%to 9%and waived the 2%rate increase previously adopted for FY 2020-21 due to: 1.Staff successfully secured low-interest Clean Water State Revolving Funding (CWSRF),resulting in City of South San Francisco Printed on 3/16/2022Page 2 of 5 powered by Legistar™ File #:21-864 Agenda Date:1/12/2022 Version:1 Item #:12. a lower interest rate on debt service; and 2.The CWSRF Green Project Reserve approved 4 million dollars in principal forgiveness. The CWSRF targets critical green infrastructure,energy efficiency improvements,and other environmentally innovative projects.Several of the WQCP's projects qualified,for instance,the new high solids digester technology, solar, and high-efficiency sludge mixing systems. While the City's reduction of prior-year rate increases has helped keep the City's sewer charges as affordable as possible,the declines have also resulted in lower annual revenues in FY 2021-22 than previously forecasted. Current projections indicate a temporary sewer rate revenue shortfall in FY 2021-22.The temporary revenue decrease is because South San Francisco bases commercial sewer billing on water use from the previous calendar year.Because many businesses used significantly less water due to the COVID-19 pandemic and the accompanying shelter-in-place order,staff anticipates that sewer revenues will be lower than expected.These commercial rate revenue shortfalls will phase out over the next few years as business activities return to pre- COVID levels. Lastly,although this report focuses on the sewer fund,another vital contributor are sewer impact fees. Developers pay sewer impact and capacity fees.During the City's last five-year rate cycle,staff reinvested sewer impact fees directly into the wastewater infrastructure,offsetting the need to increase sewer rates by approximately $16 million.Developers pay their fair share to upgrade and maintain the wastewater infrastructure. Section Three - New Capital Improvement Projects Driving the New Sewer Rate Plan Staff forecasts approximately $50.5 million worth of capital project costs over the next five-year rate plan cycle.San Bruno and other system users will fund roughly $8.1 million,resulting in $42.4 million in capital funding needs for South San Francisco.The following are the estimated project infrastructure investments over the next five years: §Sanitary sewer rehabilitation ($12.6 million) §Other sanitary sewer system capital improvements ($5.2 million) §WQCP Wet Weather and Digester Project ($4.1 million of remaining funding needs) §WQCP Solar Photovoltaic System ($1.2 million) §WQCP equipment replacement and process efficiency projects ($1.1 million) §Completion of Secondary Clarifiers No. 1 and 2 Rehabilitation Project ($3.8 million) §Plant-wide painting and industrial equipment coating ($10.6 million) §Joint project with the Army Corp of Engineers to protect the WQCP infrastructure against sea-level rise ($8.3 million) §Dissolved Air Floatation Thickener (DAFT) System Rehabilitation ($2.5 million) §Other sewer systems projects including,master planning,design,and process control improvements ($1.1 million) Section Four - Projected Five-Year Sewer Rate Increases The City contracted with BWA,an independent utility consulting firm that the City has previously worked with, to develop the sewer rate projections for the next five years.BWA based the rate projections on updated City of South San Francisco Printed on 3/16/2022Page 3 of 5 powered by Legistar™ File #:21-864 Agenda Date:1/12/2022 Version:1 Item #:12. financial projections designed to evaluate future funding needs. The recommended five-year rate plan includes financial forecasts for: §The City's current fiscal year budget with 4% annual cost escalation for financial planning purposes; §The sewer enterprise's projected share of yearly payments for CALPERS Unfunded Accrued Liabilities (UAL),the total current and expected future pension obligations,vs.the actuarial value of assets and the present value of future pension costs. The City expects these costs to increase over the next ten years; §Phase-in of an additional $1 million over the next five years for wet weather cost recovery; §Debt service funding requirements, including the new Clean Water State Revolving Fund Loan; and §Anticipated capital improvement projects assuming all capital improvement project funding on a pay-as -you-go basis using available fund balances and rate revenues,without need for additional debt financing. The recommended five-year rate plan provides additional revenue to offset losses from the COVID-19 pandemic and support the ongoing funding for capital improvement needs.The most recent ACFR report shows a sewer cash balance of approximately $25 million.Of the $25 million cash balance,conditions require roughly half ($12 million)need to stay in reserve for two reasons-first,statutory minimum reserve requirements related to sewer debt.Second,to satisfy the City's policy of remaining a twenty percent fund operating reserve. Projections show that under the maximum increase scenario,the sewer fund cash assets will decrease by only $5.5 million over the next five years. Staff wants to emphasize that,once the City Council formally approves the proposed five-year rate plan amounts,those amounts represent the maximum annual increases the City may charge.If financial conditions become more favorable,staff may recommend,and Council may adopt,lower rates in subsequent years during the five-year rate cycle. Impact on the Rate Payer The recommended five-year rate plan results in a monthly increase of $9.25 per month over the next five years. Additionally,the City offers financial assistance to ratepayers who qualify for the low-income sewer rebate program. The low-income sewer rebate program currently provides a $76 annual rebate to qualifying residents. Section Five - Sewer Rate Comparison to Other San Mateo County Agencies and Next Steps Staff compared the City's sewer rates to other agencies in San Mateo County.The City's current rate for a single -unit residence (single-family home)is $62.75 per month.The City's current sewer rates are among the lowest rates in San Mateo County,approximately 37%below the regional average.South San Francisco's rates will remain among the lowest in San Mateo County (see Attachment 1). RELATIONSHIP TO THE STRATEGIC PLAN The City of South San Francisco promotes public health and environmental stewardship.Continuing to fund wastewater infrastructure systems positively affects the quality of life for South San Francisco residents by protecting public health and safety. FISCAL IMPACT Sewer fees fund the collection,conveyance,and treatment of residential and commercial wastewater.The recommended five-year rate plan keeps revenues aligned with the service cost and achieves balanced budgets City of South San Francisco Printed on 3/16/2022Page 4 of 5 powered by Legistar™ File #:21-864 Agenda Date:1/12/2022 Version:1 Item #:12. while maintaining adequate fund reserves. CONCLUSION Staff recommends a five-year sewer rate plan with the recommended maximum annual increases in years one through five, respectively, and seeks City Council approval of the five-year rate plan. Attachments: 1.2021 Bartle Wells Associates South San Francisco Sewer Rate Study 2.Staff Presentation City of South San Francisco Printed on 3/16/2022Page 5 of 5 powered by Legistar™ Sewer Rate Study Revised Tables 9/1/21 City of South San Francisco 10.4250.0024.5019.7434.4462.75 76.8385.4445.9733.570.3397.34 47.3432.27102.00106.9383.8091.8815.37 132.08145.17295.2527.5025.9034.5522.7346.1661.5626.3750.9968.0436.4134.4637.92 50.00 50.40 54.29 57.17 62.75 76.83 85.44 92.13 95.06 96.71 97.34 98.33 100.31 102.00 106.93 120.21 126.34 130.42 132.08 145.17 $0$25$50$75$100$125$150$175Sewer Usage ChargesFixed or Minimum ChargesSingle Family Residential Monthly Sewer RatesBased on flat rate or 5.5 hcf of monthly winter water useRates effective April 2021FY2021/222% Increase 51.9257.1374.5370.2889.6568.7457.1358.4157.1374.4870.6376.4281.4157.1397.1987.4089.65133.95104.5654.2962.7550.0057.1750.4085.4498.3397.34106.9392.13102.0096.71100.31132.0895.06120.21145.17126.34295.25106.21 119.88 124.53 127.44 140.05 154.18 155.45 155.75 164.06 166.61 172.63 173.13 181.72 189.21 192.25 207.61 234.82 260.28 $0$50$100$150$200$250$300$350 Sewer Charges: Flat rate or 5.5 hcf monthly winter use Water Charges: Base meter size with 6 hcf monthly useCombined Monthly Water & Sewer Bill SurveySingle Family ResidenceRates effective January 2021399.81 Table 1Note: City adopted reduced rates that were lower than proposed and then further reduced rates implementedSouth San FranciscoCurrent rates are 12.4% below original proposed ratesHistorical Sewer RatesSewer rate increases have averaged 3.6% per year over the period shownBasis of Calculation 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22Rate Increase %: Proposed15% 10% 5% 5% 5%Rate Increase %: Adopted 0% 0% 4% 4% 2% 13% 10% 2% 2% 2%Rate Increase %: Implemented 0%0%4%4%2%13%9%2%0%2%reduced cancelledRESIDENTIALFixed annual charge per residential dwelling unit.Single Unit Residential Dwelling Unit $532 $532 $532 $553 $575 $588 $664 $724 $739 $739 $753Multi‐Unit Residential Dwelling Unit 532 532 532 516 516 527 596 650 663 663 676Trailer Unit Residential Dwelling Unit 477 477 477 496 516 527 596 650 663 663 676COMMERCIAL / INSTITUTIONALVolumetric charges per ccf of inflow or effluent, subject to a minimum annual charge.Light Strength Commercial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 7.0478 7.0478 7.0478 7.4028 7.40287.5508 8.5324 9.30039.4863 9.4863 9.6761or Effluent 7.8336 7.8336 7.8336 8.2253 8.2253 8.3898 9.4805 10.333710.5404 10.5404 10.7512Moderate Strength Commercial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 11.0325 11.0325 11.0325 11.5849 11.584911.8166 13.3528 14.554514.8456 14.8456 15.1425or Effluent 12.2591 12.2591 12.2591 12.8721 12.8721 13.1295 14.8363 16.171616.4950 16.4950 16.8249Restaurants Minimum Charge 532 532 532 553 575 588 664 724 739 739 754Hundred Cubic Feet Inflow 16.1205 16.1205 16.1205 16.9261 16.926117.2646 19.5090 21.264821.6901 21.6901 22.1239or Effluent 17.9112 17.9112 17.9112 18.8068 18.8068 19.1829 21.6767 23.627624.1001 24.1001 24.5821Institutions Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 5.6881 5.6881 5.6881 5.9711 5.97116.0906 6.8824 7.50187.6518 7.6518 7.8049or Effluent 6.3187 6.3187 6.3187 6.6346 6.6346 6.7673 7.6470 8.33538.5020 8.5020 8.6720Septage Haulers Charge per Gallon 0.3007 0.3007 0.3007 0.3157 0.31570.3220 0.3639 0.39660.4045 0.4045 0.4126INDUSTRIALVolumetric charges per ccf of inflow or effluent plus charges per pound for wastewater strength loadings of COD and TSS, subject to a minimum annual charge.Industrial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 4.2231 4.2231 4.2231 4.4348 4.43484.5235 5.1116 5.57165.6830 5.6830 5.7967or Effluent 4.6929 4.6929 4.6929 4.9275 4.9275 5.0261 5.6795 6.19066.3145 6.3145 6.4408Chemical Oxygen Demand Pounds 0.4379 0.4379 0.4379 0.4598 0.4598 0.46900.5300 0.5777 0.5892 0.5892 0.6010Total Suspended Solids Pounds 1.4178 1.4178 1.4178 1.4887 1.4887 1.51851.7159 1.8703 1.9077 1.9077 1.9459One hundred cubic feet (ccf) equals approximately 748 gallons.Commercial sewer charges are based on annual water consumption from the prior calendar year.City offers a $76 discount pursuant to a Low‐Income Sewer Service Rebate Program based on income eligibility and participation in CalWater's Low Income Rate Assistance (LIRA) Program. 44.29 44.29 44.29 46.07 47.92 49.00 55.38 60.37 61.58 61.58 62.75 $20$30$40$50$60$70$802011/122012/132013/142014/152015/162016/172017/182018/192019/202020/212021/22Fiscal YearHistory of Sewer Rates per Single Family HomeFY2011/12 rate + 3.5% escalationMonthly Sewer Charge Table 2 South San Francisco Long Term Historical Rates per EDU Fiscal Annual Multi‐Year Year Rate/EDU Adopted Implemented Rate Increases 1999/00 $179 6.5% 6.5% 5‐Year Rate Plan 2000/01 188 5.0% 5.0% 2001/02 197 5.0% 5.0% 2002/03 207 5.0% 5.0% 2003/04 217 5.0% 5.0% 2004/05 272 25.0% 25.0% 5‐Year Rate Plan 2005/06 296 9.0% 9.0% 2006/07 323 9.0% 9.0% 2007/08 352 9.0% 9.0% 2008/09 383 9.0% 9.0% 2009/10 460 20.0% 20.0% 5‐Year Rate Plan 2010/11 506 10.0% 10.0% 2011/12 532 5.0% 5.0% 2012/13 532 0.0% 0.0% 2013/14 532 0.0% 0.0% 2014/15 553 4.0% 4.0% 3‐Year Rate Plan 2015/16 575 4.0% 4.0% 2016/17 588 2.0% 2.0% 2017/18 664 13.0% 13.0% 5‐Year Rate Plan 2018/19 724 10.0% 9.0% 2019/20 739 2.0% 2.0% 2020/21 739 2.0% 0.0% 2021/22 753 2.0% 2.0% Rate Increase % Table 3 South San Francisco Sewer Customers by Class 2017/18 2018/19 2019/20 2020/21 2021/22 Residential Single Unit 10,809 10,787 10,785 10,760 10,734 Multi Unit 1,750 1,768 1,773 1,788 1,803 Trailers 11111________________________________________   Subtotal 12,560 12,556 12,559 12,549 12,538 Commercial/Institutional/Industrial Light Strength Comm'l (LTE) 1,204 1,203 1,201 1,204 1,196 Moderate Strength Comm'l (MOD) 182 191 193 194 194 Restaurant (RES) 109 116 117 119 125 Industrial (IND) 3333323231 Institutional (INS) 3432333333________________________________________   Subtotal 1,562 1,575 1,576 1,582 1,579 Other (Direct Billers, Septage Haulers)140 140 140 140 140 Total 14,262 14,271 14,275 14,271 14,257 Estimated Residential Dwelling Units Single Unit 10,809 10,787 10,785 10,760 10,734 Multi Unit 5,322 5,322 5,306 5,683 6,176 Trailers 356 355 353 355 355________________________________________   Subtotal 16,486 16,464 16,444 16,798 17,265 Table 4 South San Francisco Sewer Enterprise Fund 710 Cash Balances 2018 2019 2020 2021 Preliminary Est. Cash & Investments $20,364,113 $20,652,375 $21,442,247 $25,992,912 Source:  Comprehensive Annual Financial Reports and City estimates for June 30, 2021. As of June 30 Table 5 South San Francisco Outstanding Sewer Debt  Fiscal Year 1999 2004 2005 2008 2018 Ending SRF Loan SRF Loan Bonds SRF Loan SRF Loan Total Loan Amount $44,000,000 $21,258,529 $6,000,000 $9,164,505 $53,403,000 Princ Forgiveness ($4,000,000) Interest Rate 2.60% 2.50% 2.75% ‐ 5.00% 2.40% 1.80% Repayment Term 20 Years 20 Years 20 Years 20 Years 20 Years Reserve Req't $2,978,763 $1,382,335 $460,368 $432,998 $2,960,534 2021 $2,978,763 $1,382,335 $450,593 $432,998 ‐$5,244,689 2022 2,978,763 1,382,335 451,331 432,998 ‐5,245,427 2023 ‐1,382,335 450,000 432,998 ‐2,265,333 2024 ‐1,382,335 446,625 432,998 2,960,534 5,222,492 2025 ‐1,382,335 447,375 432,998 2,960,534 5,223,242 2026 ‐1,382,335 447,125 432,998 2,960,534 5,222,992 2027 ‐‐445,875 432,998 2,960,534 3,839,407 2028 ‐‐‐432,998 2,960,534 3,393,532 2029 ‐‐‐432,998 2,960,534 3,393,532 2030 ‐‐‐‐2,960,534 2,960,534 2031 ‐‐‐‐2,960,534 2,960,534 2032 ‐‐‐‐2,960,534 2,960,534 2033 ‐‐‐‐2,960,534 2,960,534 2034 ‐‐‐‐2,960,534 2,960,534 2035 ‐‐‐‐2,960,534 2,960,534 2036 ‐‐‐‐2,960,534 2,960,534 2037 ‐‐‐‐2,960,534 2,960,534 2038 ‐‐‐‐2,960,534 2,960,534 2039 ‐‐‐‐2,960,534 2,960,534 2040 ‐‐‐‐2,960,534 2,960,534 2041 ‐‐‐‐2,960,534 2,960,534 2042 ‐‐‐‐2,960,534 2,960,534 2043 ‐‐‐‐2,960,534 2,960,534 2044 ‐‐‐‐‐0 Final payment for 2005 Bonds can be funded by the Reserve Fund held by the Trustee. Table 6 South San Francisco San Bruno Share of Outstanding Sewer Debt  Fiscal Year 1999 2004 2005 2008 2018 Ending SRF Loan SRF Loan Bonds SRF Loan SRF Loan Total San Bruno Share Fixed Pymts 32.7% None None 26.92% 2021 $589,551 $452,024 ‐‐‐$1,041,575 2022 589,551 452,024 ‐‐‐1,041,575 2023 ‐452,024 ‐‐‐452,024 2024 ‐452,024 ‐‐796,976 1,248,999 2025 ‐452,024 ‐‐796,976 1,248,999 2026 ‐452,024 ‐‐796,976 1,248,999 2027 ‐‐‐‐796,976 796,976 2028 ‐‐‐‐796,976 796,976 2029 ‐‐‐‐796,976 796,976 2030 ‐‐‐‐796,976 796,976 2031 ‐‐‐‐796,976 796,976 2032 ‐‐‐‐796,976 796,976 2033 ‐‐‐‐796,976 796,976 2034 ‐‐‐‐796,976 796,976 2035 ‐‐‐‐796,976 796,976 2036 ‐‐‐‐796,976 796,976 2037 ‐‐‐‐796,976 796,976 2038 ‐‐‐‐796,976 796,976 2039 ‐‐‐‐796,976 796,976 2040 ‐‐‐‐796,976 796,976 2041 ‐‐‐‐796,976 796,976 2042 ‐‐‐‐796,976 796,976 2043 ‐‐‐‐796,976 796,976 2044 ‐‐‐‐‐0 Table 7South San FranciscoCapital Improvement Program Project No.Parent ProjectNotes 2021/22 2022/23 2023/24 2024/25 2025/26 5‐Yr TotalSewer Collection System Improvementsss2001 Sanitary Sewer Rehabilitation 499,973            1,575,000        3,500,000        3,500,000        3,500,000        12,574,973      ss1901Coating Program1,050,000        1,200,000        2,250,000        ss1902Pump Station #14 UpgradeTo be determined$4,300,000  Need has yet to be determined; to be funded by Impact Fees if needed TBD/Excludedss2201 Country Club Park Sewer Master Plan 210,000            210,000            ss2202 Oyster Point Pump StationSuccessor Agency No Sewer FundingTBD/Excludedss1502 Pump Station #4 Force Main Under Utah AveTiming unknown$8,000,000  Hoping for federal funds or may need to be debt financed; not yet included in CIP TBD/Excludedss1702 Pump Station #2 Upgrade$2,200,000 to be funded by Capacity Fee & Impact Fee FundsExcludedss1801 Sewer Master Plan Phase 2 272,632            272,632            tbd Forcemain Location and Mapping 750,000            750,000            1,500,000        tbd ERP Financial System (Sewer Est. Share) 500,000            500,000            1,000,000        Subtotal: Sewer Collection System 2,032,605        3,275,000        4,750,000        4,250,000        3,500,000        17,807,605      Water Quality Control Plant Improvementsss1205WQCP Solar Photovoltaic System 1,190,965        1,190,965        ss1301WQCP Wet Weather and Digester Project 4,087,287        4,087,287           San Bruno ShareCash portion paid‐                     ss1307Plant‐Wide Industrial Re‐Coating Program 4,890,546        1,750,000        2,000,000        2,000,000        10,640,546         San Bruno Share26.49%(1,295,506)       (463,575)          (529,800)          (529,800)          (2,818,681)          NBSU Share3.66%(178,994)          (64,050)             (73,200)             (73,200)             (389,444)          ss1601Sodium Hypochlorite Storage Tank ReplFunded in FY21‐                     ss1802Sea Level Rise Study & Planning at WQCP 138,000            3,855,000        2,170,000        2,170,000        8,333,000           San Bruno Share29.79%(41,112)             (1,148,449)       (646,468)          (646,468)          (2,482,498)       ss1703WQCP Secondary Clarifiers No. 1 & 2 Reconstr 3,000,000        800,000            3,800,000           San Bruno Share26.90%(807,000)          (215,200)          (1,022,200)       ss1705WQCP Switchgear & Cogen Controls UpgradeFunded in FY21‐                     tbd DAFT System Rehabilitation 2,500,000        2,500,000           San Bruno Share26.90%(672,500)          (672,500)          tbd Belt Filter Press Efficiency Improvement 1,100,000        1,100,000           San Bruno Share36.68%(403,500)          (403,500)          tbd WQCP Unplanned Project Funding1,000,000        1,000,000          Est. Other Agency Share26.90%(269,000)          (269,000)          WQCP Total Project Costs 15,715,833      6,405,000        5,360,965        4,170,000        1,000,000        32,651,798      San Bruno/NBSU Share (3,398,611)       (1,891,274)       (1,249,468)       (1,249,468)       (269,000)          (8,057,823)       Subtotal:  City Share of WQCP Projects 12,317,222      4,513,726        4,111,497        2,920,532        731,000            24,593,975      Total Capital Project Costs 17,748,438      9,680,000        10,110,965      8,420,000        4,500,000        50,459,403      Total City Funding Requirement (Excluding San Bruno/NBSU Share)14,349,827      7,788,726        8,861,497        7,170,532        4,231,000        42,401,580      City 5‐Year Average Annual CIP Funding Requirement8,480,316       Source:  CIP Project Funding Worksheets and input from City. 12.34.54.12.90.73.41.91.21.20.32.03.34.84.33.517.79.710.18.44.5$0$5$10$15$20 2021/22 2022/23 2023/24 2024/25 2025/26 Sewer Collection System WQCP: Other Agency Share WQCP: City ShareSouth San Francisco5‐Year Wastewater Capital Improvement Plan ($ millions)Total 5‐Year CIP = $50.5 MillionSan Bruno/NBSU Share = $8.1 MillionSouth San Franciso Share = $42.4 Million Table 8012345678910Esc.2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2029/30Effective Date of Rate Increase Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Sewer Rate Increase % 0%2.0%2.0%3.0%3.0%3.0%3.0%2.0%2.0%2.5%2.5%Projected Annual Single Family Charge $739 $754 $769 $792 $816 $840 $865 $882 $900 $923 $946Interest Earnings Rate 0.5% 0.5% 0.8% 1.0% 1.0%1.0% 1.0% 1.0% 1.0% 1.0% 1.0%Est Revenue Loss Due to Covid (Lagged)‐ $2,000,000 $1,500,000 $1,000,000‐                          ‐                          ‐                          ‐                          ‐                          ‐                          ‐                         Beginning Sewer Fund Cash Balancesest $21,442,000 $26,993,000 $26,372,000 $24,872,000 $20,515,000 $18,634,000 $19,544,000 $20,324,000 $20,721,000 $20,693,000 $20,796,000REVENUESEstimated ProjectedSewer Service Charges 24,600,000 23,092,000 24,094,000 25,362,000 27,153,000 27,968,000 28,807,000 29,383,000 29,971,000 30,720,000 31,488,000Colma & NSMCSD Service Charges 1,357,000 1,363,000 1,390,000 1,421,000 1,463,000 1,508,000 1,552,000 1,595,000 1,626,000 1,661,000 1,704,000San Bruno & Other Agency O&M 4.0% 3,825,000 3,774,000 3,925,000 4,082,000 4,245,000 4,415,000 4,592,000 4,776,000 4,967,000 5,166,000 5,373,000San Bruno Share of Debt Service 1,042,000 1,042,000 452,000 1,249,000 1,249,000 1,249,000 797,000 797,000 797,000 797,000 797,000Interest Earnings 110,000 135,000 198,000 249,000 205,000 186,000 195,000 203,000 207,000 207,000 208,000Sewer Impact & Capacity Charges 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000Other Revenues 15,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000______________________________________________________________________________________________________________Total Revenues 31,149,000 29,626,000 30,279,000 32,583,000 34,535,000 35,546,000 36,163,000 36,974,000 37,788,000 38,771,000 39,790,000SRF Reimbursement 9,916,000EXPENSESOperating & MaintenanceSalaries & Benefits 4.0% 9,837,000 8,421,000 8,758,000 9,108,000 9,472,000 9,851,000 10,245,000 10,655,000 11,081,000 11,524,000 11,985,000PERS UAL Contributions incl above 1,640,000 1,789,000 1,882,000 1,980,000 2,038,000 2,092,000 2,148,000 2,205,000 2,264,000 2,324,000Supplies & Services 4.0% 8,023,000 8,619,000 8,964,000 9,323,000 9,696,000 10,084,000 10,487,000 10,906,000 11,342,000 11,796,000 12,268,000Interdepartment Charges 4.0% 1,246,000 1,638,000 1,704,000 1,772,000 1,843,000 1,917,000 1,994,000 2,074,000 2,157,000 2,243,000 2,333,000Addl Wet Weather Cost Recovery 4.0% 0 0 250,000 500,000 750,000 1,000,000 1,040,000 1,082,000 1,125,000 1,170,000 1,217,000O&M for New Equipment/Facilities 4.0% 0250,000 260,000 270,000 281,000 292,000 304,000 316,000 329,000 342,000 356,000______________________________________________________________________________________________________________  Subtotal 19,106,000 20,568,000 21,725,000 22,855,000 24,022,000 25,182,000 26,162,000 27,181,000 28,239,000 29,339,000 30,483,000Debt Service1999 SRF Loan 2,979,000 2,979,000‐  ‐  ‐  ‐  ‐  ‐  ‐  ‐ ‐2004 SRF Loan 1,382,000 1,382,000 1,382,000 1,382,000 1,382,000 1,382,000‐  ‐  ‐  ‐ ‐2005 Bonds 451,000 451,000 450,000 447,000 447,000 447,000‐  ‐  ‐  ‐ ‐2008 SRF Loan 433,000 433,000 433,000 433,000 433,000 433,000 433,000 433,000 433,000‐‐2018 SRF Loan‐  ‐  ‐ 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000______________________________________________________________________________________________________________  Subtotal 5,245,000 5,245,000 2,265,000 5,223,000 5,223,000 5,223,000 3,394,000 3,394,000 3,394,000 2,961,000 2,961,000Capital ImprovementsBudgetSewer Collection System Projects 3.0% 2,350,000 2,033,000 3,275,000 4,750,000 4,250,000 3,500,000 4,000,000 4,120,000 4,244,000 4,371,000 4,502,000WQCP Projects 3.0% 1,750,000 15,716,000 6,405,000 5,361,000 4,170,000 1,000,000 2,500,000 2,575,000 2,652,000 2,732,000 2,814,000Less Other Agency Contribs for WQCP 0 (3,399,000) (1,891,000) (1,249,000) (1,249,000) (269,000) (673,000) (693,000) (713,000) (735,000) (757,000)______________________________________________________________________________________________________________  Subtotal 4,100,000 14,350,000 7,789,000 8,862,000 7,171,000 4,231,000 5,827,000 6,002,000 6,183,000 6,368,000 6,559,000Total Expenses28,451,000 40,163,000 31,779,000 36,940,000 36,416,000 34,636,000 35,383,000 36,577,000 37,816,000 38,668,000 40,003,000Revenues Less Expenses2,698,000 (621,000) (1,500,000) (4,357,000) (1,881,000) 910,000 780,000 397,000 (28,000) 103,000 (213,000)Ending Sewer Fund Cash Balances24,140,000 26,372,000 24,872,000 20,515,000 18,634,000 19,544,000 20,324,000 20,721,000 20,693,000 20,796,000 20,583,000SRF Reserve Requirement4,794,000 4,776,000 4,776,000 4,776,000 4,776,000 3,394,000 3,394,000 3,394,000 3,394,000 2,961,000 2,961,000Debt Service Coverage (Min>1.15x)2.30 1.73 3.78 1.86 2.01 1.98 2.95 2.89 2.81 3.19 3.14       South San Francisco Sewer Cash Flow Projections 9.810.110.511.011.511.912.312.813.313.89.310.511.211.912.613.313.814.415.015.65.25.22.35.25.25.23.43.43.43.04.114.47.88.97.24.25.86.06.26.4$0$10$20$30$40$50 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30Annual Expenses ($ Millions) Capital Improvement Projects Debt Service Other Operating Expenses Salaries & Benefits RevenuesSouth San FranciscoSewer Enterprise Projected Revenues & ExpensesElevated Levels of Capital Funding Resultin a Partial Draw Down of Fund Reserves Over the Next 4 YearsHowever, Small Annual Rate Adjustments Support Balanced Budgets in Future Years Table 9South San FranciscoProjected Sewer RatesCurrentBasis of Calculation Rates 2022/23 2023/24 2024/25 2025/26 2026/27Projected Rate Increases 2%3%3%3%3%RESIDENTIALFixed annual charge per residential dwelling unit.Single Unit Residential Dwelling Unit $753 $768 $791 $815 $839 $864Multi‐Unit Residential Dwelling Unit 676 691 712 734 755 778Trailer Unit Residential Dwelling Unit 676 691 712 734 755 778COMMERCIAL / INSTITUTIONALVolumetric charges per ccf of inflow or effluent, subject to a minimum annual charge.Light Strength Minimum Charge 753 768 791 815 839 864Commercial Hundred Cubic Feet Inflow 9.6761 9.87 10.17 10.48 10.79 11.11or Effluent 10.7512 10.97 11.30 11.64 11.99 12.34Moderate Strength Minimum Charge 753 768 791 815 839 864Commercial Hundred Cubic Feet Inflow 15.1425 15.45 15.91 16.39 16.88 17.39or Effluent 16.8249 17.17 17.68 18.21 18.76 19.32Restaurants Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 22.1239 22.57 23.25 23.95 24.67 25.41or Effluent 24.5821 25.08 25.83 26.61 27.41 28.23Institutions Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 7.8049 7.96 8.20 8.45 8.70 8.96or Effluent 8.6720 8.84 9.11 9.39 9.67 9.96Septage Haulers Charge per Gallon 0.4126 0.42 0.43 0.44 0.45 0.46INDUSTRIALVolumetric charges per ccf of inflow or effluent plus charges per pound for wastewater strength loadings of COD and TSS, subject to a minimum annual charge.Industrial Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 5.7967 5.91 6.09 6.27 6.46 6.65or Effluent 6.4408 6.57 6.77 6.97 7.18 7.39Chemical Oxygen Demand Pounds 0.6010 0.6130 0.6314 0.6503 0.6698 0.6899Total Suspended Solids Pounds 1.9459 1.9848 2.0443 2.1056 2.1688 2.2339One hundred cubic feet (ccf) equals approximately 748 gallons.Commercial sewer charges are based on annual water consumption from the prior calendar year.City offers a discount pursuant to a Low‐Income Sewer Service Rebate Program based on income eligibility and participation inCalWater's Customer Assistance Program (previously named the Low Income Rate Assistance (LIRA) Program).Projected Rates Effective per Fiscal Year Five-YearSewer Rate Plan Conceptual Approval 1 2• Sewer Fund Overview• Current Sewer Rate Plan• Ten Year Sewer Rate History•Infrastructure Investments• Five-Year Rate Plan RecommendationPresentation Overview FY 2017-18FY 2018-19FY 2019-20FY 2020-21FY 2021-22Single Unit Residential$664.00 per EDU(13% Increase)$724.00 per EDU(9% Increase)$739.00 per EDU(2% Increase)$739.00 per EDU(0% Increase)$754.00 per EDU(2% Increase)Multi-Unit/Trailer Residential $596.00 per EDU(13% Increase)$650.00 per EDU(9% Increase)$663.00 per EDU(2% Increase)$663.00 per EDU(0% Increase)$676.00 per EDU(2% Increase)Commercial*(13% Increase)(9% Increase)(2% Increase)(0% Increase)(2% Increase)3*Minimum commercial rate is tied to Single Unit Residential 4Low-interest CWSRF fundingresulting in a lower interest rate on debtservice; and4 million dollars in principal forgivenessThe CWSRF targets critical green infrastructure, energy efficiencyimprovements, and other environmentally innovative projects.Impact Fee offsetImpact fees paid by Developers offset rates by $16.5 million 5The City’s residential sewer rates will remain among the lowest in San Mateo County 6 7 8 Staff will return to the City Council in June of 2022 to recommend rates for FY 2022-23 After City Council Approval Staff will Work with The San Mateo County Assessor's Office to Place Sewer Service Charges on the Tax RollsStaff will Return Each June During the Five-Year Rate to Affirm Needed Rates9 10 Government Code Section 54957.5 SB 343 Agenda: 1/12/2022 Reg CC Item #12 Five-YearSewer Rate Plan Conceptual Approval 1 2• Sewer Fund Overview• Current Sewer Rate Plan• Ten Year Sewer Rate History•Infrastructure Investments• Five-Year Rate PlanRecommendationPresentationGovernment Code Section 54957.5SB 343Agenda: 1/12/2022 Reg CCItem #12 FY 2017-18FY 2018-19FY 2019-20FY 2020-21FY 2021-22Single Unit Residential$664.00 per EDU(13% Increase)$724.00 per EDU(9% Increase)$739.00 per EDU(2% Increase)$739.00 per EDU(0% Increase)$754.00 per EDU(2% Increase)Multi-Unit/Trailer Residential $596.00 per EDU(13% Increase)$650.00 per EDU(9% Increase)$663.00 per EDU(2% Increase)$663.00 per EDU(0% Increase)$676.00 per EDU(2% Increase)Commercial*(13% Increase)(9% Increase)(2% Increase)(0% Increase)(2% Increase)3*Minimum commercial rate is tied to Single Unit Residential 4Low-interest CWSRF fundingresulting in a lower interest rate on debtservice; and4 million dollars in principal forgivenessThe CWSRF targets critical green infrastructure, energy efficiencyimprovements, and other environmentally innovative projects.Impact Fee offsetImpact fees paid by Developers offset rates by $16.5 million 5The City’s residential sewer rates will remain among the lowest in San Mateo County 6 7 8 Staff will return to the City Council in June of 2022 to recommend rates for FY 2022-23 After City Council Approval Staff will Work with The San Mateo County Assessor's Office to Place Sewer Service Charges on the Tax RollsStaff will Return Each June During the Five-Year Rate to Affirm Needed Rates9 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-865 Agenda Date:1/12/2022 Version:1 Item #:12a. Resolution establishing sewer service rates for fiscal years 2022-23 through 2027-2028,amending the master fee schedule to include the rates. WHEREAS,by Chapter 14.12 of the South San Francisco Municipal Code,the City Council is authorized to establish sewer rates by resolution; and WHEREAS,on September 21,2021,the City Council reviewed and conceptually approved the five-year rate plan; and WHEREAS,the rate plan developed by Bartle Wells Associates and reviewed by finance staff distributes costs fairly to all customer classes based on their proportionate share of the Sewer Fund’s fixed and variable costs, and WHEREAS,on November 16,2021,in accordance with the requirements of Proposition 218,the City notified the owners of property within South San Francisco of the proposed rate adjustment,and notice of the proposed adjustment and the public hearing was published in a newspaper of general circulation; and WHEREAS,on December 2,2021,City staff held an informational meeting with the public to discuss the Sewer Plant’s capital improvement needs,State regulatory changes,the proposed rate increase and the structure of the rate changes; and WHEREAS,the City Council,on January 12,2022,held a duly noticed public hearing as required by law on the proposed sewer rates; and WHEREAS,after a properly noticed public hearing on January 12,2022,at which there was not a majority protest,the City Council approved the sewer rate increase to finance improvements to the City’s sewer collection, pumping and treatment facilities. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby approves the schedule of rates set forth in Exhibit A,attached hereto and incorporated herein,which implements the previously approved financing plan,and hereby amends the City’s Master Fee Schedule of sewer rates. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-865 Agenda Date:1/12/2022 Version:1 Item #:12a. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ EXHIBIT A City of South San Francisco How Sewer Rates Are Calculated Residential Rates: Rates for residential properties are calculated by multiplying the number of dwelling units on each property by the annual rate per unit. Commercial and Institutional Rates: Restaurant, Institutional and Commercial Rates are calculated based on: A) The volume of annual water use at each property multiplied by the Inflow Rate; or B) The volume of annual sewer flow from each property multiplied by the Effluent Rate. Industrial Rates: Industrial Rates are calculated based on the annual amount of flow, chemical oxygen demand and total suspended solids from each property. Separate charges are calculated for wastewater flow, Chemical Oxygen Demand and Suspended Solids, and then are added together to determine the total sewer charge for each property. Annual measurement and testing are performed at each property to confirm the flow and loadings. Septage Hauler Rates: Septage rates are calculated by multiplying the gallons of flow discharged from the septic pumper by the septage rate. Sewer Rates User Group Basis of CalculationFY2022‐23 FY2023‐24 FY2024‐25 FY2025‐26 FY2026‐27$/Unit/Year $/Unit/Year $/Unit/Year $/Unit/Year $/Unit/YearSingle Unit Residential Dwelling Unit 768 791 815 839 864Multi‐Unit Residential Dwelling Unit 691 712 734 755 778Trailer Unit Residential Dwelling Unit 691 712 734 755 778Light Strength Commercial Minimum Charge 768 791 815 839 864Hundred Cubic Feet Inflow 9.87 10.17 10.48 10.79 11.11or Hundred Cubic Feet Effluent 10.97 11.30 11.64 11.99 12.34Moderate Strength Commercial Minimum Charge 768 791 815 839 864Hundred Cubic Feet Inflow 15.45 15.91 16.39 16.88 17.39or Hundred Cubic Feet Effluent 17.17 17.68 18.21 18.76 19.32Restaurants Minimum Charge 768 791 815 839 864Hundred Cubic Feet Inflow 22.57 23.25 23.95 24.67 25.41or Hundred Cubic Feet Effluent 25.08 25.83 26.61 27.41 28.23Institutions Minimum Charge 768 791 815 839 864Hundred Cubic Feet Inflow 7.96 8.20 8.45 8.70 8.96or Hundred Cubic Feet Effluent 8.84 9.11 9.39 9.67 9.96Industrial Minimum Charge 768 791 815 839 864Hundred Cubic Feet Inflow 5.91 6.09 6.27 6.46 6.65or Hundred Cubic Feet Effluent 6.57 6.77 6.97 7.18 7.39Chemical Oxygen Demand Pounds 0.6130 0.6314 0.6503 0.6698 0.6899Total Suspended Solids Pounds 1.9848 2.0443 2.1056 2.1688 2.2339Septage Haulers Charge per Gallon 0.42 0.43 0.44 0.45 0.46Maximum Rates City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-08 Agenda Date:1/12/2022 Version:1 Item #:13. Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21.(Janet Salisbury, Director of Finance) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21 and making findings as required by the Mitigation Fee Act. BACKGROUND/DISCUSSION Under state law (Government Code Section 66000 et seq.),the City is authorized to collect fees from new development to fund necessary improvements to public facilities to mitigate the impacts of that new development.In Fiscal Year (FY)2020-21,the City administered 13 distinct impact fee and in-lieu fee programs along with one (1)sewer capacity charge.These programs support the new development’s share of certain capital infrastructure projects.The impact fees charged are based upon a pro-rata share of estimated costs for necessary public improvements.The sewer capacity charge is a cost recovery charge based on the proportional benefit to the person or property being charged.It is associated with providing collection and treatment capacity through the existing infrastructure available and future capital projects. Government Code Section 66000 et seq.requires the City to review the status of collected impact fees and sewer capacity charges annually.The impact fee and sewer capacity charge report for fiscal year ending June 30,2021 (“AB 1600 Report”)is provided as Exhibit A to the resolution associated with this staff report.The table below is a summary of each fund’s ending balances as of June 30, 2021: Fees and Charges Area Ending Balance Bicycle and Pedestrian Impact Fee (1) City wide $116,81 3 Childcare Impact Fee City wide 6,788,327 Commercial Linkage Impact Fee (Affordable Housing) City wide 10,211,626 Library Impact Fee (2 ) City wide 0 Park Construction Fee City wide 5,344,782 Park Land Acquisition Fee City wide 1,603,773 Public Arts In -Lieu Fee (2) City wide 0 Public Safety Impact Fee City wide 1,499,387 Citywide Transportation Impact Fee (2) City wide 1,962,343 Oyster Point Interchange Impact Fee (3 ) Oyst er Point 38,709 Park In -Lieu Fee Plan Area 3,850,903 Sewer Impact Fee Plan Area 4,144,279 Traffic Impact Fee (1 )(4 ) East of 101 22,527,967 Sewer Capacity Charges Plan Area 7,726,129 Total $6 5,815 ,038 City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:22-08 Agenda Date:1/12/2022 Version:1 Item #:13. (1)As of October 2020, the City no longer collects these fees. The remaining balances shown will be used to fund projects that have a nexus with the projects identified when those impact fees were established. (2)Adopted in October 2020, these are newly established impact and in-lieu fees. (3)The ending balance includes a loan of $3,635,152 from the former Redevelopment Agency (RDA), which is now the Successor Agency, for dollars advanced by the former RDA to complete the interchange before all impact fees had been collected. (4)For FY 2020-21, Traffic Impact fees are only used to fund new development’s share for new and expanded roadway and intersection improvements in the East of 101 plan area. Aside from fund balances,under the requirements of AB 1600,the Report also needs to show the planned projects for the upcoming fiscal year (FY 2021-22)using the various impact and in-lieu fees or sewer capacity charges. This information can also be found in Exhibit A. FISCAL IMPACT This informational report is used to satisfy the annual reporting requirements.There is no financial impact related to this report. RELATIONSHIP TO STRATEGIC PLAN Adoption of the resolution supports the City’s strategy on financial stability. CONCLUSION Adopting of the resolution will meet the reporting requirements of Government Code Section 66000 et seq. City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-09 Agenda Date:1/12/2022 Version:1 Item #:13a. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21. WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.), the City is required to annually report certain information regarding the collection of development impact fees; and WHEREAS, under the Mitigation Fee Act, the City is also required to make certain findings every five (5) years regarding unexpended impact fees and summarize those findings in the annual report (“Report”); and WHEREAS, the Report for Fiscal Year 2020-21 identifies unexpended impact fee programs for which findings are required; and WHEREAS, pursuant to Government Code section 66013, the City is also required to annually report certain information in connection with the collection of Sewer Capacity Charges; and WHEREAS, the Report for Fiscal Year 2020-21, attached hereto and incorporated herein as Exhibit A, contains both the annual reporting information for the City’s development impact fee programs and also contains a section with the necessary annual information for Sewer Capacity Charges; and WHEREAS, on January 12, 2022, the City Council reviewed the Report during its regularly scheduled and duly public meeting pursuant to the requirements of Government Code section 66006; and WHEREAS, the Report has been available at City Hall for at least fifteen (15) days prior to the January 12, 2022 Council meeting and was distributed to all Councilmembers in advance of said meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the Report for Fiscal Year 2020-21. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings outlined in the Report for Fiscal Year 2020-21, attached hereto and incorporated herein as Exhibit A, as required by Government Code Sections 66006. ***** City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ 1 Annual Impact Fee Report For the City of South San Francisco For Fiscal Year 2020-21 This report contains information on the City of South San Francisco’s development impact fees for the Fiscal Year 2020-21. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. The report does not intend to represent a full picture of currently planned projects. It only reports project information, revenues, and expenditures for the Fiscal Year 2020-21 Government Code Section 66006 requires agencies to outline the status of development impact fees. Government Code Section 66001 requires local agencies to submit five-year financial reports. The annual report is available to the public within 180 days after the last day of the fiscal year. The report is presented to the public agency (the City Council) at least 15 days after it is made available to the public. This report summarizes each of the development impact fee programs. Requirements under Government Code Section 66006 are: 1. A brief description of the fee program. 2. The amount of the fee. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected, interest earned, and transfers/loans. 5. An identification of each public improvement. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees. 6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement. 7.The estimated date when projects will begin if enough revenues are available to construct the project. 8. The number of refunds made to property owners. This report also summarizes five-year reporting information for the Oyster Point Interchange Impact Fee program as required under Government Code Section 66001: 1. The purpose of the fee expenditure. 2. The reasonable relationship between the fee and the purpose used. EXHIBIT A 2 3. All sources and amounts of funding anticipated to complete financing in incomplete improvements. 4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund. This report also contains information on the City of South San Francisco’s sewer capacity charges. Government Code Section 66013 requires agencies to submit annual reports on the status of sewer capacity charges. The public must have access to the report within 180 days after the last day of each fiscal year. This report summarizes the following information for the sewer capacity charges: 1. A description of the charges deposited in the fund. 2. The beginning and ending balance of the fund and the interest earned from investment in the fund. 3. The amount collected in that fiscal year. 4. An identification of all the following: a. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. b. Each public improvement on which charges were expended that was completed during that fiscal year. c. Each public improvement that is anticipated to be undertaken in the following fiscal year. 5. A description of each interfund transfer or loan from the capital facilities fund, the date the loan will be repaid, and the rate of interest. In the case of an interfund transfer, the report identifies the public improvements on which the money is or will be expended. More detailed information on the various fee programs is available. Nexus studies, master plans, capital improvement programs, and budgets are all made public on the City's website. The City does not earmark impact fees for any specific project as revenues come in. Nexus studies outline capital improvement projects. Nexus studies examples may include future sewer infrastructure, transportation infrastructure, and other capital facilities. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action. 3 TABLE OF CONTENTS Citywide Impact Fee Program Bicycle and Pedestrian Impact Fee Fund (Fund 822) Overview and Required Findings ............................................................................5 Financial Reporting ..................................................................................................6 Childcare Impact Fee Fund (Fund 830) Overview and Required Findings ............................................................................7 Financial Reporting ..................................................................................................8 Commercial Linkage Impact Fee (Fund 823) Overview and Required Findings ............................................................................9 Financial Reporting ................................................................................................10 Library Impact Fee (Fund 824) Overview and Required Findings ..........................................................................11 Financial Reporting ................................................................................................12 Park Construction Fee (Fund 806) Overview and Required Findings ..........................................................................13 Financial Reporting ................................................................................................14 Park Land Acquisition Fee (Fund 805) Overview and Required Findings ..........................................................................15 Financial Reporting ................................................................................................16 Public Arts (Fund 827) Overview and Required Findings ..........................................................................17 Financial Reporting ................................................................................................18 Public Safety Impact Fee Fund (Fund 821) Overview and Required Findings ..........................................................................19 Financial Reporting ................................................................................................20 Transportation Impact Fee (Fund 825) Overview and Required Findings ..........................................................................21 Financial Reporting ................................................................................................22 4 Plan Area Impact Fee Programs Oyster Point Interchange Impact Fee Fund (Fund 840) Overview and Required Findings ..........................................................................23 Financial Reporting ................................................................................................25 Park In-Lieu Fee (Funds 206 – 209) Overview and Required Findings ..........................................................................26 Financial Reporting ................................................................................................27 Sewer Impact Fee Fund (Fund 810) Overview and Required Findings ..........................................................................28 Financial Reporting ................................................................................................29 Traffic Impact Fee Fund (Fund 820) Overview and Required Findings ..........................................................................30 Financial Reporting ................................................................................................31 Other Reportable Citywide Charges Sewer Capacity Charge Fund (Fund 730) Overview and Required Findings ..........................................................................32 Financial Reporting ................................................................................................33 Fee Schedules........................................................................................................................34 5 Bicycle and Pedestrian Impact Fee Program The City Council adopted this nexus study for the citywide impact fee program in 2017. The study identified the need to support the Bicycle Master Plan adopted by the City in February 2011 by Resolution 23-2011. The General Plan establishes that maintaining bicycle and pedestrian infrastructure requires funding sources. The Bicycle Master Plan recommends the completion of the City’s existing network of bicycle paths, lanes, and routes. Annual Reporting Information: 1. The purpose of the Bicycle and Pedestrian Impact Fee Program is to establish funding for completion of the City’s existing network of bicycle paths. Additional daily trips due to development projects place more demands on bicycle and pedestrian infrastructures in the city. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the Bicycle and Pedestrian Impact Fee. 3. Refer to page 6 of this report for the beginning and ending balance of the account for the Bicycle and Pedestrian Impact Fee. 4. See page 6 of this report for Bicycle and Pedestrian Impact Fees collected, and interest earned. 5. There were no projects worked on during the Fiscal Year 2020-21 using the Bicycle and Pedestrian Impact Fee funding. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There were no potential refunds to property owners. 6 Bicycle and Pedestrian Impact Fee Program (Fund 822) This citywide development impact fee program funds bicycle and pedestrian improvements. Development projects generate additional daily trips that place more demands on bicycle and pedestrian infrastructures in the city. Beginning balance, July 1, 2020 $65,912 Additions Bicycle and pedestrian impact fees collected $50,727 Interest earned 174 Total additions 50,901 Disbursements % Fee Funded Total disbursements 0 Remaining balance as of June 30, 2021 $116,813 Planned projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22. 0 Remaining balance after planned projects $116,813 7 Childcare Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2001. The study identified the need for new and expanded childcare facilities in the City. Updates since 2001 to this fee program have included a periodic inflation change. The fee program includes a 5% administrative fee. The estimated cost of the new and expanded facilities included in the nexus study totaled $43.9 million. The nexus study identified new development’s share of the cost as 24.6% of the total new and expanded facilities cost. Development impact fee revenue was estimated at $11.3 million, which includes administrative costs of 5% of total fee revenue. Existing development’s share of the cost is $33.1 million (75.4% of new facilities) which must be funded with other funding sources. Other funding sources may include the City’s General Fund, grants, developer contributions, and Community Development Block Grants. Annual Reporting Information: 1. The purpose of the Childcare Impact Fee Program is to provide new development’s share of funding for new and expanded childcare facilities required at build-out of the City. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the Childcare Impact Fee. 3. Refer to page 8 of this report for the beginning and ending balance of the account for the Childcare Impact Fee. 4. See page 8 of this report for the Childcare Impact Fees that have been collected, and interest earned. 5. There was one project worked on during Fiscal Year 2020-21 using the Childcare Impact Fee funding. 6. The approximate date for funding and constructing future facilities will be determined, at the discretion of the City Council, when adequate additional funds for facility construction have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 8 Childcare Impact Fee (Fund 830) This citywide development impact fee program funds new development’s fair share of new and expanded childcare facilities to serve the City. Beginning balance, July 1, 2020 $6,185,209 Additions Childcare impact fees collected $629,882 Interest earned 12,236 Total additions 642,118 Disbursements % Fee Funded City administration 1,850 100% Projects for Fiscal Year 2020-21 Design and Construction of New Preschool Facility (pf2101) 37,150 100% Total disbursements (39,000) Remaining balance as of June 30, 2021 $6,788,327 Planned projects for Fiscal Year 2021-22 % Fee Funded Additional funding for new preschool facility design and construction (pf2101) 250,000 100% Total Planned Projects (250,000) Projects appropriated from prior Fiscal Years: (5,462,850) Remaining balance after planned projects $1,075,477 9 Commercial Linkage Fee Program The nexus study for this citywide impact fee program was adopted by the City Council in 2018 by Resolution 123-2018. The study justified the need to provide sufficient funding for affordable housing, and established a nexus between the need for affordable housing and the impacts of commercial development within the City. The impact fee program supports the City of South San Francisco’s adopted 2015-2023 Housing Element, which includes the goal of promoting the provision of housing by both the private and public sectors for all income groups in the community. Annual Reporting Information: 1. The purpose of the Commercial Linkage Impact Fee program is to provide funding for affordable housing for employees who work in the City as a result of new commercial development. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the Commercial Linkage Impact Fee. 3. Refer to page 10 of this report for the beginning and ending balance of the account for the Commercial Linkage Impact Fee. 4. See page 10 of this report for the Commercial Linkage Impact Fees that have been collected and interest earned. 5. There were no projects worked on during the Fiscal Year 2020-21 using the Commercial Linkage Impact Fee funding. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There were no potential refunds to property owners. 10 Commercial Linkage Impact Fee Program (Fund 823) The Commercial Linkage Fee (CLF) Ordinance (No. 1560-2018) was adopted by the City Council on August 22, 2018, establishing a fee on certain commercial development to generate local funding for affordable housing. Beginning balance, July 1, 2020 $4,957,462 Additions Commercial linkage impact fees collected $5,365,449 Interest earned 10,425 Total additions $5,375,874 Disbursements % Fee Funded Payroll and Supplies and Services $121,710 100% Total disbursements ($121,710) Remaining balance as of June 30, 2021 $10,211,626 Planned projects for Fiscal Year 2020-21 % Fee Funded 428-432 Baden (Baden Station) 4,050,000 100% Predevelopment Loan to Bridge Housing for 158 BMR Units at the PUC Site 2,000,000 100% Total planned projects (6,050,000) Remaining balance after planned projects $4,161,626 11 Library Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1608-2020 amended the Municipal Code to include Chapter 8.74 establishing the library impact fee. Based upon the City’s projected population increase and current per capita usage of facilities and collections materials, the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard. The study identified the need to better implement the goals of maintaining adequate service standards in the face of the increase in library service demands. The study estimates that the total projected cost associated with future residential and non-residential development through 2040 would be approximately $7.8 million. Annual Reporting Information: 1. The Library Impact Fee is collected to provide new development’s share of funding for additional library space and materials to maintain current library service standard. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 12 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 12 of this report for the Library Impact fees collected and interested earned. 5. There were no projects worked on during the Fiscal Year 2020-21 using the Library Impact Fee. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 12 Library Impact Fee (Fund 824) This citywide development impact fee program funds new development’s fair share for additional library space and materials to maintain current library service standard. Library impact fees for non-residential developments went into effect on November 23, 2020. Library impact fees for residential development will go into effect on January 1, 2022. No library impact fees were collected in fiscal year 2020-21. Beginning balance, July 1, 2020 $0 Additions Library impact fees collected $0 Interest earned 0 Total additions 0 Disbursements % Fee Funded Total disbursements 0 Remaining balance as of June 30, 2021 $0 Planned projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22 0 Total planned projects 0 Remaining balance after planned projects $0 13 Park Construction Fee The nexus study for this impact fee program was adopted by the City Council in 2017. Ordinance 1520-2016 amended the Municipal Code to include Chapter 8.67 adopting the parkland acquisition fee and park construction fee. The purpose of the Park Construction Fee is to provide funding for the construction of park facilities and improvements. The General Plan, the Parks & Recreation Master Plan, and the East of 101 Area Plan call for 3 acres of parkland and facilities per 1,000 new residents and ½ an acre of parkland and facilities per 1,000 new employees. The City incurs the costs of administering the fee program and preparing analyses and reports related to it. Annual Reporting Information: 1. The purpose of the Park Construction Fee fund is to provide new development’s share of funding developing new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 14 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 14 of this report for the Park Construction fees collected and interest earned. 5. There were no projects worked on during the Fiscal Year 2020-21 using the Park Construction Fee. 6. The approximate date for further funding and developing park land and recreation facilities will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 14 Park Construction Fee (Fund 806) This citywide development impact fee program funds new development’s fair share for developing new park and recreation spaces. Beginning balance, July 1, 2020 $2,275,065 Additions Park construction fees collected $3,063,248 Interest earned 6,469 Total additions 3,069,717 Disbursements % Fee Funded Total disbursements 0 Remaining balance as of June 30, 2021 $5,344,782 Planned projects for Fiscal Year 2021-22 % Fee Funded Orange Park Sports Field Renovation (pk1402) 1,000,000 46.50% Total Planned projects (1,000,000) Projects appropriated from prior fiscal years: (98,178) Remaining balance after planned projects $4,246,604 15 Park Land Acquisition Fee The City Council adopted the nexus study for this impact fee program in 2017. Ordinance 1520- 2016 amended the Municipal Code to include Chapter 8.67, adopting the parkland acquisition fee and park construction fee to generate funding for parks in South San Francisco. The General Plan, the Parks + Recreation Master Plan, and the East of 101 Area Plan each lay out specific park requirements. The current need is three acres of park land per one thousand future residents and one half of an acre per one thousand new employees is the current need. This fee differs from the City’s Quimby Act fee in Section 19.24.040 et seq of the Municipal Code. The Quimby Act allows for the imposition of land dedication requirements and in-lieu fees for residential subdivisions. The Act does not apply to other types of residential development projects or commercial development projects. The Park Land Acquisition Fee is applied to residential and non-residential development projects to support the demands for parks and recreation spaces generated by new residents of residential development projects and new employees of non-residential development projects. The nexus study calculated the fee for park land acquisition based on the number of residents generated by each new type of residential unit and the number of employees per 1,000 square feet in non- residential development projects. The City adopted the Park Land Acquisition Fee under the authority of the Mitigation Fee Act. Annual Reporting Information: 1. The purpose of the Park Land Acquisition Fee fund is to provide new development’s share of funding for acquiring new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 16 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 16 of this report for the amount of fees collected and interest earned. 5. One project utilized the Park Land Acquisition Fee fund in FY 2020-21. Refer to page 16 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. The approximate date for funding and acquiring park land will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 16 Park Land Acquisition Fee (Fund 805) This citywide development impact fee program funds new development’s fair share for acquiring new park and recreation spaces. Beginning balance, July 1, 2020 $868,732 Additions Park land acquisition fees collected $769,296 Interest earned 1,918 Total additions 771,214 Disbursements % Fee Funded Transit Village Park (pk2101) 36,173 100% Total disbursements (36,173) Remaining balance as of June 30, 2021 $1,603,773 Planned projects for Fiscal Year 2021-22: % Fee Funded There are no planned projects for Fiscal Year 2021/22 0 Projects appropriated from prior fiscal years: (23,827) Remaining balance after planned projects $1,579,946 17 Public Arts In-Lieu Fee In October 2020, the City Council passed ordinance number 1613-2020 creating the public art requirement. The City is dedicated to improving infrastructure, economic development and cultural diversity through acquisition and exhibition of public art. The public art requirement applies to any new non-residential development project and that it requires such projects to contribute public art with a value of at least one percent (1%) the amount of construction costs. In lieu of contributing public art, the public art requirement will allow for the payment of an in-lieu fee into a public art fund at the value of half of one percent (0.5%) of the amount of construction costs. Annual Reporting Information: 1. The Public Arts In-Lieu Fee is collected to provide cultural and artistic art to enhance the quality of life for individuals living in, working in, and visiting the City. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 18 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 18 of this report for the amount of fees collected and interested earned. 5. There were no projects worked on during the Fiscal Year 2020-21 using the Public Arts In-Lieu Fee. 6. The approximate date for further funding will be determined at the direction of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 18 Public Arts In-Lieu Fee (Fund 827) This citywide in-lieu fee funds the cultural diversity through acquisition and exhibition of public art in the City. Beginning balance, July 1, 2020 $0 Additions In-lieu fees collected $0 Interest earned 0 Total additions 0 Disbursements % Fee Funded Total disbursements 0 Remaining balance as of June 30, 2021 $0 Planned projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22 0 Total planned projects 0 Remaining balance after planned projects $0 19 Public Safety Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2012. The study identified the need for new and expanded public safety capital facility and equipment to support new development projects. This fee program also includes an annual inflation adjustment. The fee program includes a 2% administrative fee. The estimated cost of the new and expanded public safety equipment and facilities included in the nexus study totaled $40.4 million. The nexus study identified new development’s share of the cost at $10.4 million (25.6% of the total new and expanded equipment and facilities cost). Existing development’s share of the cost is $30.0 million (74.4% of new equipment and facilities) which must be funded with other funding sources such as the City’s General Fund, grants, or developer contributions. Annual Reporting Information: 1. The Public Safety Impact Fee is collected to provide new development’s share of funding for new and expanded public safety capital facility and equipment required at build out of the City. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 20 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 20 of this report for fees collected and interested earned. 5. One project utilized Public Safety Impact fee fund in FY 2020-21. Refer to page 20 of this report for identification of public improvement on which fees were expended. 6. The approximate date for further funding and constructing facilities and procuring future equipment identified in the nexus study will be determined when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 20 Public Safety Impact Fee (Fund 821) This citywide development impact fee program funds new development’s fair share of new and expanded capital facility and equipment to serve the City. Beginning balance, July 1, 2020 $1,396,672 Additions Public Safety impact fees collected – Fire $171,335 Public Safety impact fees collected – Police 72,552 Interest earned 2,580 Total additions 246,467 Disbursements % Fee Funded Purchase of self-contained breathing apparatus and small diameter hose 123,593 100% Transfer out to general fund 17,152 100% Fire Station 64 dorm and bathroom remodel (pf1805) 3,007 24.8% Total disbursements (143,752) Remaining balance as of June 30, 2021 $1,499,387 % Fee Funded Planned projects for Fiscal Year 2021-22 Police OPS & Dispatch Center (pf2208) 1,000,000 100% Lucas Device 29,200 23% CAD Portable tablet 12,400 23% Planned projects for Fiscal Year 2021-22 (1,041,600) Projects appropriated from prior fiscal years: (28,897) Remaining balance after planned projects $428,890 ` 21 Transportation Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1607-2020 amended the Municipal Code to include Chapter 8.68 establishing the transportation impact fee. The nexus study identified the need for transportation improvements and facilities needed to serve the growth, and the estimated costs of those improvements and facilities. The nexus study has identified $160.8 million in transportation infrastructure improvements such as roads, sidewalks, traffic lights, bicycle lanes and pathways, curbs and gutters, and medians caused by new developments throughout the City. The City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with the new development by providing for the payment of the citywide Transportation Impact fee. Annual Reporting Information: 1. The Transportation Impact Fee is collected to provide new development’s share of funding for new and expanded transportation capital facility and equipment required at build out of the City. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 22 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 22 of this report for the Transportation Impact fees collected and interested earned. 5. There were no projects work on during the Fiscal Year 2020-21 using the Transportation Impact Fee. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds to property owners. 22 Transportation Impact Fee (Fund 825) This citywide development impact fee program funds new development’s fair share for transportation improvements and facilities needed to serve the City. Transportation impact fees for non-residential developments went into effect on November 23, 2020. Transportation impact fees for residential development will go into effect on January 1, 2022. Approximately $1.96 million of transportation impact fees were collected in fiscal year 2020-21. Beginning balance, July 1, 2020 $0 Additions Transportation impact fees collected $1,962,094 Interest earned 249 Total additions 1,962,343 Disbursements % Fee Funded Total disbursements 0 Remaining balance as of June 30, 2021 $1,962,343 Planned projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22 0 Total planned projects 0 Remaining balance after planned projects $1,962,343 23 Oyster Point Interchange Impact Fee Program The City Council adopted this plan area fee program on May 23, 1984, using a February 1983 Feasibility Study prepared by Nolte and Associates in conjunction with Resolution No. 71-84 which created the “Oyster Point Contribution Formula.” The 1983 Feasibility Study identified the need for the Oyster Point Interchange project, which was, at that time, referred to as the grade separation project. Updates to the fee program since 1984 include the following: 1. An ongoing inflation adjustment. 2. June 26, 1996, fee program changes via Resolution No. 102-96 included adjustments for: a. the inflationary index that reduced the fee by approximately 22%, b. the project description which increased the scope of the project to include the Terrabay hook ramps and the southbound off-ramp flyover, and the use of more current trip generation rates. 3. October 9, 1996 fee program change via Resolution No. 152-96 that added additional land uses with their associated trip generation rates. The Feasibility Study identified new development’s share of the grade separation project cost at 64.8% and existing development’s share of the cost at 35.2%. The grade separation was completed and funded in 1995 and is not part of this annual report. The increased scope portion of the project, added in 1996, was identified as being 100% the responsibility of new development. Of this additional scope, the flyover, estimated to cost $6.4 million, was completed in 2005, and the hook ramps, estimated to cost $15 million, were completed in October 2006. Additional work relating to property transfers and gaining final Caltrans project acceptance is ongoing. Required 5-Year Findings for Unexpended Funds/Annual Reporting Requirements 1. The purpose of the Oyster Point Interchange Impact Fee Program is to provide new development’s share of funding for this project required at build-out of the plan area. 2. Refer to page 25 of this report for the beginning and ending balance of the account for this fee. 3. Refer to page 25 of this report for fees collected and interest earned. 4. The reasonable relationship between the Oyster Point interchange impact fee and the purpose for which it is charged is demonstrated in the 1983 Feasibility Study by Nolte and Associates, and in the fee program updates in Resolution No. 102-96 and Resolution No. 152-96. As of June 30, 2021, there continues to be a need for Oyster Point Interchange Impact fees due to further developments in that area of South San Francisco. 24 5. The sources and amounts of funding anticipated for Oyster Point Interchange projects can be found in the updates adopted via Resolution No. 102-96 and Resolution No. 152-96. Additional working relating to property transfers and gaining final Caltrans project acceptance is ongoing. 6. Buildout in the Oyster Point Interchange area is ongoing due to further developments in South San Francisco. The City’s buildout is assumed to occur over a 20-year period, which is consistent with the General Plan. 7. There are currently no planned projects for Oyster Point Interchange impact fees. 8. The fund has one loan from the former Redevelopment Agency. Please refer to page 23 of this report. The amount owed as of June 30, 2021, is approximately $3.6 million. Since the dissolution of the Redevelopment Agency in 2012, the interest rate charged by the Successor Agency is 0%. The loan is repaid as new impact fee revenue is received. Given that the amount of future impact fee revenue is unknown, the repayment date is unknown. There were no other interfund transfers or loans. 9. There are no potential refunds of Oyster Point Interchange Impact Fees to property owners. 10. Refer to page 34 of this report for the fee schedule outlining the amount of the Oyster Point Interchange Impact Fee. 25 Oyster Point Interchange Impact Fee (Fund 840) This plan area development impact fee program funds new development’s fair share of the Oyster Point Interchange project. Beginning balance, July 1, 2020 $78,634 Additions Fees collected $75 Interest earned 0 Total additions 75 Disbursements % Fee Funded Repayment of RDA Loan 40,000 100% Total disbursements (40,000) Remaining balance as of June 30, 2021 $38,709 Planned Projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22. 0 Remaining Balance After Planned Projects $38,709 Loans to Oyster Point Interchange Fee Fund from Successor Agency to RDA Due Date and Interest Rate Balance, July 1, 2020 3,635,152 None & 0% Less payment during fiscal year 40,000 Balance, June 30, 2021 (3,595,152) Fees available (future fees required) for current and completed projects ($3,556,443) 26 Park In-Lieu Fee City of South San Francisco Municipal Code, Title 19 Subdivisions, Chapter 19.24 Improvements requires every subdivider who subdivides land to dedicate a portion of such land, pay a fee, or do both, for the purpose of providing park and recreational facilities to serve future residents of such subdivision. The in-lieu fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure X Average Residents per Unit X 0.003 (3 acres per 1,000 Residents) X Average Fair Market Value per acre = in-lieu fee]. Fees shall be adjusted annually in accordance with the All Urban Consumers, San Francisco-Oakland-San Jose (AUC-CPI); such annual adjustment shall be approved by resolution of the City Council. In addition, the City may collect reasonable administrative fee to cover the cost of administering the program. Annual Reporting Information 1. The purpose of the Park in-lieu fee is to acquire land and develop new parks and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 27 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 27 of this report for fees collected, and interest earned. 5. There were two projects worked on in FY 2020-21 using the Park In-Lieu Fee. 6. The approximate date for further funding will be determined at the direction of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds of Park In-Lieu Fees to property owners. 27 Park In-Lieu Fee (Funds 206 – 209) The Park In-Lieu fee may only be used for acquiring land and developing new park and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. Beginning balance, July 1, 2020 $4,838,734 Additions Fees collected $0 Interest earned 8,479 Total additions 8,479 Disbursements % Fee Funded Special Program Expenditure 500,000 43% Orange Park Sports Field Renovation (pk1402) 323,481 53% Orange Park Aquatic Center (pf1806) 172,829 100% Total Disbursements (996,310) Remaining balance as of June 30,2021 $3,850,903 Planned Projects for Fiscal Year 2021/22 % Fee Funded There are no planned projects for Fiscal Year 2021/22 0 0 Projects appropriated from prior fiscal years (836,469) Remaining Balance After Planned Projects $3,014,434 28 Sewer Impact Fee Program The 2002 nexus study for this fee was adopted by the City Council in 2002. The study identified the need for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City of South San Francisco. This fee program also includes an annual inflation adjustment. The estimated cost of the 20 new and expanded sewer projects included in the study totaled $21.4 million. The study identified new development’s share of the cost of the required facilities at $15.5 million (72.4% of the total new and expanded facilities cost) while existing development’s share of the cost (existing deficiency) is $5.9 million (27.6% of new facilities). New development’s share of the cost, $15.5 million, was increased to include some master planning costs ($425,000) and some CEQA reviewing costs ($600,000) for a total cost to new development of $16,425,000. Of that amount, $12,429,000 was to be sewer impact fee funded and $4,066,000 was to be funded directly by developer contributions. Of the twenty total projects listed in the nexus study, eleven projects are either fully or partially funded with the sewer impact fee funds, four are existing development’s responsibility, four are to be funded by developer contributions, and one is to be funded with a combination of developer contributions and revenues from existing development. Existing development’s share will be funded with the sewer charges appearing on property tax bills as a direct levy. Annual Reporting Information 1. The purpose of the Sewer Impact Fee Program is to provide new development’s share of funding for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 at build-out of the plan area. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 29 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 29 of this report for the fees collected, and interest earned. 5. There was one project worked on in FY 2020-21 using the Sewer Impact Fee. 6. The approximate date for further funding will be determined at the direction of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There are no potential refunds of Sewer Impact Fees to property owners. 29 Sewer Impact Fee (Fund 810) This plan area development impact fee program funds new development's fair share of new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City. Beginning balance, July 1, 2020 $5,407,840 Additions Fees collected $443,483 Interest earned 8,886 Total additions 452,369 Disbursements % Fee Funded City administration 1,850 100% Pump Station #2 Upgrade (ss1702) 1,714,080 42% Total Disbursements (1,715,930) Remaining balance as of June 30, 2021 $4,144,279 Planned Projects for Fiscal Year 2021/22 % Fee Funded There are no planned projects for Fiscal Year 2021/22 0 0 Projects appropriated from prior fiscal years (4,972,390) Remaining Balance After Planned Projects ($828,111) 30 Traffic Impact Fee Program The 2001 nexus study for this plan area fee was adopted by the City Council in 2002. The study identified the need for new and expanded roadway and intersection improvements to serve the area located east of US 101 in the City of South San Francisco. The study was updated on May 6, 2005, and on July 19, 2007. This fee program includes an annual inflation adjustment and a 2.5% administrative fee. The estimated cost of the new and expanded facilities included in the 2007 study totaled $38.5 million ($32.4 million in net cost after accounting for fees already received). There are 26 road improvements listed in the 2007 study and two studies for a total of 28 projects. The study determined that new development would be responsible for 100% of the cost of the 28 projects. Annual Reporting Information 1. The purpose of the Traffic Impact Fee Program is to provide new development’s share of funding for new and expanded roadway and intersection improvements to serve the area located east of US 101 at build-out of the plan area. 2. See page 34 of this report for the fee schedule outlining the amount of the fee. 3. See page 31 of this report for beginning and ending balance of the account for this fee. 4. See page 31 of this report for the fees collected and interest earned. 5 There were multiple projects that were either partially or wholly funded in FY 2020-21. 6 The approximate date for further funding will be determined at the direction of the City Council, when adequate additional funds have accumulated. 7 There were no interfund transfers or loans. 8 There are no potential refunds of Traffic Impact Fees to property owners. 31 Traffic Impact Fee (Fund 820) This plan area development impact fee program funds new development's fair share of new and expanded roadway and intersection improvements east of US 101 to serve the City of South San Francisco. Beginning balance, July 1, 2020 $25,015,746 Additions: Fees Collected $ - Interest Earned 44,230 Total additions 44,230 Disbursements % Fee Funded City administration 1,850 100% Caltrain Station to E. Grand Bike Gap Closure (st2003) 52,880 80% South Airport Blvd. Improvements (st2004) 120,849 100% Traffic Impact Fees Study (tr1013) 16,440 100% E. Grand, Gateway & Forbes Intersection (tr1602) 191,834 100% Grand Avenue Streetscape (st1801) 32,290 92% Adaptive Traffic Control System (tr1901) 406,252 100% E.101 Traffic Signal IDEA Grant (tr1902) 38,996 24% Hillside and Lincoln Traffic Signal (tr1906) 129,126 95% Utah & Harbor Intersection Improvement (tr2101) 72,372 100% DNA Way & Allerton Avenue at East Grand signal (tr2102) 15,093 100% South Airport Blvd Bridge Replacement (st1301) 1,500,000 14% N. Access Rd. Bike + Ped Improvements (st1806) (45,973) 4% Total disbursements (2,532,009) Remaining Balance as of June 30, 2021 $22,527,967 Planned Projects for Fiscal Year 2021/22 % Fee Funded Colma Creek Oak Ave Ped Bridge (sd2202) 250,000 100% E of 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 55,056 100% Traffic Impact Fee Study (tr1013) (245,243) 76% Station to East Grand Bike Gap Closure (st2003) 300,000 80% South Airport Blvd Improvement (st2004) 538,000 100% US-101 Produce Ave Interchange (tr1404) 3,250,000 46% Oyster Pt & E Grand Corridor Improvement (tr1602) (5,100,00) 100% E of 101 Traffic Model Update (tr1702) (116,888) 100% DNA Way & Allerton Avenue at East Grand signal (tr2102) 350,000 100% Total planned projects (719,075) Total projects appropriated from prior fiscal years: (20,498,436) Remaining balance after planned projects $1,310,456 32 Sewer Capacity Charge Program The original analysis was adopted by the City Council in 2000 and annual updates included a preset adjustment to the charges based on borrowing costs. The most current Sewer Capacity Charge Analysis by Bartle Wells & Associates is dated August 26, 2009 and was adopted by the City Council in April of 2010 to be effective in Fiscal Year 2010-11. This analysis identifies the need for sewer collection and treatment capacity in the City of South San Francisco. There are two components to the Sewer Capacity Charge: the capital assets valuation charge and the capital improvements charge. The capital assets charge accounts for the existing value of the sewer collection and treatment system which is calculated using the depreciated replacement cost of the system’s assets. The capital assets charge (also called a “buy-in” fee) assigns a value to the benefit that new development receives from the availability of sewer capacity (which existing development has maintained over the years through the sewer rates). The total depreciated replacement value is $161.6 million, of which 37.2 percent is new development’s fair-share, or $60.1 million. The second component is the charge for future improvements to the system identified in the City’s Capital Improvement Program. The total cost of these future improvements is $84.6 million, the fair-share allocation to new development is 37.2 percent of that amount, or $29.8 million. The total fair-share is $90 million. These funds may be used for capital improvements to maintain capacity in the system. Annual Reporting Information: 1. Refer to page 33 of this report for the beginning and ending balance of the account for the sewer capacity fund, the amount of charges collected, and the interest earned from investment of moneys in the fund. 2. There is one project that was worked on in FY 2020-21 using the sewer capacity charge program. Refer to page 33 of this report for an identification of the public improvement on which charges were expended, the amount of the expenditures on each improvement. 3. Refer to page 33 of this report for an identification of public improvements anticipated to be undertaken in the next fiscal year. 4. The sewer capacity charges do not exceed the estimated reasonable costs of providing the facilities for which the fee is charged (see Cal. Gov. Code § 66013, subd. (a)). 5. The sewer capacity charge’s accounting and reporting requirements are being met, i.e., the revenues are kept in a separate fund and the City provides annual reports on the use of the funds collected (see Cal. Gov. Code §§ 66013, subds. (c) and (d)). 6. There were not any interfund transfers or loans. 33 Sewer Capacity Charges (Fund 730) This fee program funds the cost associated with providing collection and treatment capacity to new development, both through the existing infrastructure provided, and through future capital projects not funded by other sources. Beginning balance, July 1, 2020 $8,149,748 Additions Fees collected $1,900,697 Interest earned 15,653 Total additions 1,916,350 Disbursements % Fee Funded City administration 1,850 100% Pump Station #2 upgrades (ss1702) 2,338,119 42% Total disbursements (2,339,969) Remaining Balance as of June 30, 2021 $7,726,129 Planned Projects for Fiscal Year 2021-22 % Fee Funded There are no planned projects for Fiscal Year 2021-22 0 0 Projects appropriated from previous Fiscal Years (1,456,664) Remaining balance after planned projects $6,269,465 34 Bicycle and Pedestrian Impact Fee for Fiscal Year 2020-21 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $243 per unit Multi-Family $170 per unit Mobile Home $127 per unit Commercial/Industrial Commercial / Retail $.36 per SQFT Hotel / Visitor Services $.24 / visitor SF Office / R&D $.09 per SQFT Industrial $.12 per SQFT Commercial Linkage Impact Fee Rates for Fiscal Year 2020-21 Gross Square Feet Commercial Floor Area Minus Existing Floor Area × Current Fee Amount for Applicable Land use Category where the Land Use Fee is: $5.26 per sf for hotel $2.63 per sf for restaurant and retail $15.77 per sf for office and R&D Library Impact Fee Rates for Fiscal Year 2020-21 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Commercial/Industrial Commercial / Retail $.07 per SQFT Hotel / Visitor Services $.03 / visitor SF Office / R&D $.12 per SQFT Industrial $.04 per SQFT Childcare Impact Fee Rates for Fiscal Year 2020-21 Land Use per Unit or per Gross Sq. Ft. (GSF) Residential Low Density $1,979 per unit Medium Density $1,858 per unit High Density $1,851 per unit Other Residential $1.28 per GSF Commercial/Industrial Commercial / Retail $0.68 per GSF Hotel / Visitor Services $0.18 per GSF Office / R&D $0.57 per GSF Other Non-Residential $0.54 per GSF 35 Park In-Lieu Fee for Fiscal Year 2020-21 The Park In-Lieu Fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure X Average Residents per Unit X 0.003 (3 acres per 1,000 Residents) X Average Fair Market Value per acre = in-lieu fee] Park Land Acquisition Fee for Fiscal Year 2020-21 Land Use per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $2,976 per unit Duplex to Four-plex $2,571 per unit 5 to 19 $2,183 per unit 20 to 49 $1,759 per unit 50+ $1,535 per unit Mobile Home $2,286 per unit Commercial/Industrial Commercial / Retail $938 per 1,000 SQFT Hotel / Visitor Services $893 per 1,000 SQFT Office / R&D $833 per 1,000 SQFT Industrial $394 per 1,000 SQFT Park Construction Fee for Fiscal Year 2020-21 Land Use per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $26,148 per unit Duplex to Four-plex $22,586 per unit 5 to 19 $19,175 per unit 20 to 49 $15,462 per unit 50+ $13,491 per unit Mobile Home $20,085 per unit Commercial/Industrial Commercial / Retail $3,158per 1,000 SQFT Hotel / Visitor Services $3,006per 1,000 SQFT Office / R&D $2,957 per 1,000 SQFT Industrial $1,398 per 1,000 SQFT Public Arts In-Lieu Fees Fiscal Year 2020-21 Every non-residential development project shall provide qualifying public art with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the development site. A non-residential development project may elect to make a public art contribution payment in an amount not less than 0.5% of construction costs into the public art fund, in lieu of acquisition and installation of public art on the development project site. 36 Public Safety Impact Fee Rates for Fiscal Year 2020-21 Land Use per Unit or per Square Foot (SF) Residential Low Density $1,387 per unit Medium Density $1,214 per unit High Density $1,033 per unit Commercial/Industrial Commercial / Retail $0.44 per SF Hotel / Visitor $0.26 per SF Office / R&D $1.10 per SF Industrial $0.40 per SF Transportation Impact Fee for Fiscal Year 2020-21 Land Use per Unit or 1,000 Square Feet (SQFT) Commercial/Industrial Commercial / Retail Office/ R&D Industrial $25.42/ SQFT $29.15. SQFT $13.15/ SQFT Hotel $2,450/ room Oyster Point Interchange Impact Fee Rates for Fiscal Year 2020-21 The impact fee is calculated by multiplying the number of vehicle trips by $154 and by the percentage increase in the Construction Cost Index (CCI) as published in the Engineering News- Record (ENR) from the date of adoption, when the CCI was 6,552.16, to the current effective CCI. Vehicle Trips are based on average daily traffic (ADT). The rates shown below are based on 1,000 gross square feet of land use. The ENR CCI published in April is used to calculate monthly increases. The CCI for April 2018 and 2019 were 12,014.72 and 12,322.23, respectively, resulting in a percentage increase of 2.56%. Land Use ADT Trip Rate per 1,000 GSF General Industrial 5.46 Manufacturing 3.99 Warehousing 4.50 Hotel 10.50 General Office Building 12.30 Research & Development (R&D) 5.30 Restaurant (Dinner House/High Turn-over) 56.30 / 164.40 General Commercial 48.00 OPI Impact Fee: = (Development Area, SF /1000 SF) X ($154.00) X (Monthly ENR-CCI) / (6,552.16) 37 Sewer Impact Fee Rates for Fiscal Year 2020-21 The generation rate for all land use is 400 gallons per day per 1,000 square feet of building area. New Sewer Impact Fee = ($5.05/Gallon) X (1.0402) = ($5.26/Gallon) Traffic Impact Fee Rates for Fiscal Year 2020-21 Area of Building x Land Use Fee where the Land Use Fee is: R&D/office = $6.46 per building sq. ft. Hotel = $1,501.28 per room Commercial/retail = $26.75 per building sq. ft. Sewer Capacity Charge for Fiscal Year 2020-21 The fee is updated each calendar year. The fee is currently $5,088.64 per EDU. An EDU, or Equivalent Dwelling Unit, is the amount and strength of sewage equivalent to that discharged by a single-family residence. EDU = (0.00347 x Q) + (0.362 x BOD) + (0.589 x TSS). Q = gallons per day of sewage to be discharged; BOD = pounds per day of biochemical oxygen demand to be discharged; TSS = pounds per day of total suspended solids to be discharged. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-914 Agenda Date:1/12/2022 Version:1 Item #:14. Report regarding a motion to accept the Sanitary Sewer Pump Station No.2 Upgrade Project (Project No. ss1702)as complete per plans and specifications (Total Construction Cost $4,982,829).(Brian Schumacker, Water Quality Control Plant Superintendent/Project Manager) RECOMMENDATION Staff recommends that the City Council,by motion,accept the construction improvements of the Sanitary Sewer Pump Station No.2 Upgrade Project (Project No.ss1702)as complete per plans and specifications (Total Construction Cost $4,982,829)and authorize the Project Manager to file a Notice of Completion with the County of San Mateo Recorder's Office on the City's behalf. BACKGROUND/DISCUSSION The City of South San Francisco operates sanitary sewer pump stations that convey wastewater to the Water Quality Control Plant (WQCP)for treatment.Pump Station No.2 is located at 955 Gateway Boulevard on the west side of the street near Oyster Point Boulevard.This pump station is an essential part of the City's infrastructure system,receiving sewage from the Oyster Point area and transmitting it to the WQCP.With the completion of the upgrade project,the new pump station has increased the pumping capacity to accommodate the new developments in the Oyster Point area. On November 13,2019,the City Council awarded a construction contract to JMB Construction,Inc.for the Pump Station No.2 Upgrade Project.The project's scope included replacing the aging pumps,motors,control systems,standby generator and upsizing the station's storage and pumping capacity to accommodate the growth in the service area. The improvements included: -Increase the pump station capacity, operational control, and reliability -Bring the pump station up to current technological standards, such as remote monitoring -Revamp the exterior of the pump station building with new steel cladding for a modern look -Installing a motorized gate to provide additional infrastructure security The City’s engineering and building divisions inspected the project.The project is complete and complies with all contract documents. FISCAL IMPACT The project is included in the City of South San Francisco's fiscal year 2019-2020 Capital Improvement Program and funded by the East of 101 Sewer Impact Fees and the 2019-2020 Sewer Capacity Charge Fund. The total construction cost incurred for the project is summarized as follows: Projected Actual JMB Construction, Inc.$ 4,505,000 $ 4,505,000 Construction Contingency $ 1,395,000 $ 477,829 Total Construction Budget $ 5,900,000 $ 4,982,829 City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-914 Agenda Date:1/12/2022 Version:1 Item #:14. Projected Actual JMB Construction, Inc.$ 4,505,000 $ 4,505,000 Construction Contingency $ 1,395,000 $ 477,829 Total Construction Budget $ 5,900,000 $ 4,982,829 Contractors used some contingency for unanticipated disposal of contaminated soil,design changes during construction, subsurface utility conflicts, additional generator rental, and other minor construction changes. CONCLUSION Staff recommends acceptance of the project as complete.Staff also recommends the Council authorize the Project Manager to file a Notice of Completion with the County of San Mateo Recorder's Office on the City's behalf.At the end of the thirty-five-day retention period,the City will release all retention funds to the Contractor and receive a one-year warranty bond. Attachments: 1)Powerpoint - Project vicinity map and progress (before and after photos) City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ WATER QUALITY CONTROL PLANT DIVISIONSANITARYSEWERPUMPSTATIONNO. 2 UPGRADEPROJECT(PROJECTNO. SS1702) ACCEPTANCEJANUARY12, 2022 CONTENTS•Project Overview•Before and After Photos •Cost Summary PROJECTOVERVIEW•Increase the pump station capacity, operational control, and reliability•Bring the pump station up to current technological standards, such as remote monitoring•Revamp the exterior of the pump station building with new steel cladding for a modern look •Install a motorized gate to provide additional infrastructure security •System start-up, testing and staff training BEFORE AFTER CONSTRUCTIONCOSTThe total construction cost incurred :Projected ActualJMB Construction Inc. Contract $4,505,000 $4,505,000Construction Contingency $1,395,000 $477,829Total Project Budget $5,900,000 $4,982,829 WATER QUALITY CONTROL PLANT DIVISIONSANITARYSEWERPUMPSTATIONNO. 2 UPGRADEPROJECT(PROJECTNO. SS1702) ACCEPTANCEJANUARY12, 2022Government Code Section 54957.5SB 343Agenda: 1/12/2022 Reg CCItem #14 PRESENTATION•Project Overview•Before and After Photos•Station Improvements •Cost Summary •Questions, Discussion PROJECTOVERVIEW BEFORE AFTER STATION IMPROVEMENTS STATION IMPROVEMENTS STATION IMPROVEMENTS CONSTRUCTIONCOSTThe total construction cost incurred :Projected ActualJMB Construction Inc. Contract $4,505,000 $4,505,000Construction Contingency $1,395,000 $477,829Total Project Budget $5,900,000 $4,982,829 QUESTIONS, DISCUSSION AND MOTION TO ACCEPT City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-02 Agenda Date:1/12/2022 Version:1 Item #:15. Consideration of appointments to the City/County Association of Governments of San Mateo County (C/CAG) committees. Appointments will be considered at the January 13, 2022 C/CAG Board meeting.(Mark Nagales, Mayor) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™