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Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-782 Agenda Date:9/28/2022 Version:1 Item #:1. Proclamation celebrating October 10, 2022, as Indigenous Peoples’ Day.(Mark Nagales, Mayor) City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™9 Dated: September 28, 2022 RECOGNITION OF OCTOBER 10th AS INDIGENOUS PEOPLES’ DAY WHEREAS, Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination against Indigenous Populations in the Americas; and WHEREAS, Indigenous people in America have often suffered persecution and removal from their homelands at the hands of governing bodies and through the colonization and settlement of America; and WHEREAS, our state is home to one of the largest and most diverse populations of Indigenous peoples anywhere in the United States; and WHEREAS, in addition to the many Indigenous peoples who have lived here for a very long time, others crossed borders and oceans to get to California, and some made their home here as a result of federal policies that forced the mass relocation of Native Americans westward; and WHEREAS, the City recognizes the fact that South San Francisco is built upon the homelands and villages of the Indigenous Peoples’ of this region, without whom the building of the city would not be possible; and WHEREAS, the City of South San Francisco is committed to protecting and advocating for justice, human rights, and the dignity of all people who live, work, and visit in South San Francisco; and WHEREAS, Indigenous people contribute to the academic, economic, and cultural success and well-being of this community each and every day; and WHEREAS, recognizing Indigenous Peoples’ Day is a day to take time to celebrate Indigenous peoples and to also reflect on how their resistance and persistence has shaped our City and California for the better. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize October 10th as Indigenous Peoples’ Day, and takes this day to reflect upon the ongoing struggles of Indigenous People on this land, and to celebrate the thriving culture and value that Indigenous Peoples add to our City. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-783 Agenda Date:9/28/2022 Version:1 Item #:2. Proclamation recognizing October as Filipino American History Month.(Mark Nagales, Mayor) City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™11 Dated: September 28, 2022 RECOGNITION OF OCTOBER AS NATIONAL FILIPINO AMERICAN HISTORY MONTH WHEREAS, the Filipino American community is the second-largest Asian American group in the United States, comprising approximately 1.5% of the country’s population, and is the third-largest ethnic group in California; and WHEREAS, the earliest documented proof of Filipino presence in the continental United States was in October 18, 1587, when the first “Luzones Indios” set foot in Morro Bay, California; and WHEREAS, the month of October is an appropriate time to promote and reflect on Philippine history and culture to provide all Americans with the opportunity to learn and appreciate more the Filipino Americans and their social, intellectual, and economic contributions to the United States; and WHEREAS, preserving our Filipino communities throughout California and the United States is critical to the preservation of Filipino culture, history, traditions, and heritage and the preservation of our state and national history as well as our local, state, and national future; and WHEREAS, it is necessary to instill in our youth the importance of education, history, and ethnicity in creating eminent role models, in establishing a proud cultural identity, and producing exceptional citizens of this nation; and WHEREAS, Filipino American service members have a longstanding history of sacrifice and service towards protecting and defending this country in the Armed Forces; and WHEREAS, immigrants from the Philippines and their families truly have enriched our nation, state, and city through their work and contributions in agriculture, their service in the Armed Forces, their offerings, skills, and expertise as engineers, scientists, entrepreneurs, accountant, teachers, lawyers, nurses, and doctors, and their participation in public offices, civic affairs, and community activities; and WHEREAS, diversity represents one of our greatest strengths, and by recognizing the contributions and accomplishments of Filipino American men and women, our City celebrates the importance of inclusion to build a brighter future for all of our citizens. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize October as National Filipino American History Month, and encourages all to recognize the richness of the Filipino American experience, and honor the contributions of Filipino Americans. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 12 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-819 Agenda Date:9/28/2022 Version:1 Item #:3. Youth Commission Report to City Council. 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Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-808 Agenda Date:9/28/2022 Version:1 Item #:4. Motion to approve the Minutes for the meeting of August 09, 2022.(Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 9/29/2022Page 1 of 1 powered by Legistar™25 CALL TO ORDER Mayor Nagales called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nicolas, present Mayor Nagales, present Planning Commissioner De Paz Fernandez, present Planning Commissioner Evans, present Planning Commissioner Faria, absent Planning Commissioner Funes, present (joined at 7:15 p.m.) Planning Commissioner Murphy, present Planning Commission Vice Chair Tzang, present Planning Commission Chair Shihadeh, present AGENDA REVIEW None. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. None. ADMINISTRATIVE BUSINESS 1. Report on General Plan Update Study Session – Housing Element and Design Standards. (Tony Rozzi, Chief Planner and Bill Gross, Principal Planner) Chief Planner Rozzi and members of the consultant team presented the report on the Housing Element and Design Standards and recommended that the City Council and Planning Commission provide feedback to staff. MINUTES JOINT SPECIAL MEETING CITY COUNCIL AND PLANNING COMMISSION CITY OF SOUTH SAN FRANCISCO TUESDAY, AUGUST 9, 2022 6:00 p.m. Virtual via Zoom 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. 26 JOINT SPECIAL CITY OF THE CITY COUNCIL AND PLANNING COMMISSION AUGUST 9, 2022 MINUTES PAGE 2 The City Council and Planning Commission engaged in further conversations and requested clarification on the Housing Element. PUBLIC COMMENTS The following individuals provided public comment: x Ron Benetti x Jeremy Levine – Housing Leadership Council of San Mateo ADJOURNMENT Being no further business Mayor Nagales adjourned the meeting at 7:54 p.m. Respectfully submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Rosa Govea Acosta, MMC, CPMC Sam Shihadeh City Clerk Chair Approved by the City Council: / / Approved by the Planning Commission: / / 27 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-622 Agenda Date:9/28/2022 Version:1 Item #:5. Report regarding a motion to accept the construction improvements of the Orange Memorial Park Storm Water Capture Project (Project No. sd1801) as complete per plans and specifications. (Total Construction Cost $9,611,038.00)(Matthew Ruble, Principal Engineer). RECOMMENDATION Staff recommends that the City Council, by motion, accept the construction improvements of the Orange Memorial Park Storm Water Capture Project (Project No. sd1801) as complete per plans and specifications (Total Construction Cost $9,611,038.00); and authorize the Project Manager to file a Notice of Completion with respect to the construction work with the County of San Mateo Recorder's Office on the City's behalf. BACKGROUND/DISCUSSION On April 26, 2017, the California Department of Transportation (“Caltrans”) agreed to fund $9,500,000 to the Orange Memorial Park Storm Water Capture Project (Project) through Cooperative Implementation Agreement No. D43CIASF0001. The City subsequently entered a second Cooperative Implementation Agreement, No. D43CIASF0002 dated September 20, 2019, with Caltrans for an additional amount of $6,000,000 which allowed for expansion of the Project to increase the amount of water quality treatment provided in terms of diversion, pretreatment, and infiltration capacity. The Project now includes a water capture facility at this site with 30 cubic feet per second diversion and over 1.8 million gallons of storage, which will capture and treat approximately fifteen percent of the average annual drainage volume in Colma Creek at the Project site, which provides regional benefits to both South San Francisco and additional areas in San Mateo County. The Project consists of constructing a diversion and treatment structure to re-direct and treat stormwater runoff to remove trash, debris and sediment before storing the water in an underground, multi-chambered storage reservoir. The system will also provide water quality treatment and disinfection so that the water may eventually be used for irrigation in and around Orange Memorial Park. The City Council awarded the Orange Memorial Park Storm Water Capture project to Minerva Construction, Inc. on December 9, 2020. Post-construction, the contractor is responsible for a 12-month commissioning period for the Orange Memorial Park Stormwater Capture System (System) comprising the initial year of system operations under their current contract. Tasks included in the post-construction work include: •Training - Personnel training on operations of maintenance vehicles, confined space entry, fall protection, CPR/first aid, and OSHA Training. •Diversion Channel / Grit Chamber / Flow Splitter Inspections - Semi-annual inspections and removal of debris and trash from the diversion channel, grit chamber and flow splitter infrastructure. •Weekly Inspection - Inspection of water treatment skid, self-cleaning filter, pressure transmitters, and City of South San Francisco Printed on 9/29/2022Page 1 of 2 powered by Legistar™28 File #:22-622 Agenda Date:9/28/2022 Version:1 Item #:5. pressure gauge. Water level readings to be uploaded 12 times per year. Sluice gate will be adjusted as needed. •Chemsearch - Semi-annual calibration of hydrocarbon sensor and turbidity transmitters. Quarterly inspection/testing of level transmitter, pumps, PH transmitter, make-up water valve. Monthly inspection of flow transmitters. Replacement of UV lamps every 10,000 hours. Replacement of UV quartz sleeve as needed. Water control monitoring of supplies, sampling, and 15 transportation runs in one year. •Dysert - Water level compliance monitoring and flow monitoring. •Pneumatic Valves Check - Manual testing of pneumatic valves five (5) times per year and cleaning of self-cleaning filter annually. It should be noted that this is only the second facility of its kind in California. The above inspections and calibrations included in the commissioning period are for the purpose of verifying future inspection and maintenance frequencies before these responsibilities transfer to the city. FISCAL IMPACT This project was included in the City of South San Francisco’s fiscal year 2019-2020 Capital Improvement Program (sd1801) with sufficient funds allocated to cover the total construction contract. Projected Actual Minerva Construction Inc. $8,747,430.00 $8,747,430.00 Construction Contingency (20%) $1,749,486.00 $863,608.00 Total Project Construction Budget $10,496,916.00 $9,611,038.00 The contract is be funded through the Cooperative Implementation Agreements (D43CIASF0001 and D43CIAF0002) with Caltrans for a total of $15,500,000. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing green infrastructure and improving water quality. CONCLUSION Staff recommends that the City Council, by motion, accept the Orange Memorial Park Storm Water Capture Project (Project No. sd1801) construction improvements, as complete per plans and specifications (Total Construction Cost $9,611,038.00), and approve continuing post-construction work for a period of one (1) year. Upon acceptance, the Project Manager will file a Notice of Completion with the County of San Mateo Recorder's office. At the end of the thirty (30) day lien period, the City will release retention funds to the contractor. The Notice of Completion would close out the Project construction and release retention with respect to such work to the contractor after the statutory lien and stop payment notice periods. Post- Construction system operations will continue to be supported by the contractor for one (1) year. The City will release retention for post-construction activities once completed. Attachment: 1) Project Photos/Presentation City of South San Francisco Printed on 9/29/2022Page 2 of 2 powered by Legistar™29 OMP STORMWATERCAPTUREPROJECT(SD1801)ACCEPTANCE OF THECONSTRUCTIONIMPROVEMENTSSEPTEMBER14, 202230 OMP Stormwater Capture ProjectGrit Chamber: Before, During, and After2OMP Stormwater Capture Project31 OMP Stormwater Capture ProjectColma Creek: Before, During, and After3OMP Stormwater Capture Project32 OMP Stormwater Capture ProjectInfiltration Gallery & Cistern: Before, During, and After4OMP Stormwater Capture Project33 OMP Stormwater Capture ProjectCONSTRUCTIONCOSTThe total construction cost incurred for the project is summarized as follows:ProjectBudgetActualCostsMinerva Construction – Construction Contract$8,747,430.00$8,747,430.00Construction Contingency (20%projected versus 10% actual)$1,749,486.00$863,608.00Total Construction Budget / Costs $10,496,916.00$9,611,038.00534 OMP Stormwater Capture ProjectAWARDWINNINGPROJECT•2022 California Stormwater Quality Association (CASQA) Award•American Public Works Association (APWA) Project of the Year635 OMP Stormwater Capture ProjectQUESTIONS?736 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-774 Agenda Date:9/28/2022 Version:1 Item #:6. Report regarding a motion to accept the construction improvements of the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phases 2 and 3 (Project No.’s ss1307 and ss1901) as complete in accordance with plans and specifications (Total Construction Cost $979,255.17) (Brian Schumacker, Water Quality Control Plant Superintendent/Project Manager) RECOMMENDATION Staff recommends that the City Council, by motion, accept the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phases 2 and 3 (Project No.’s ss1307 and ss1901) as complete in accordance with plans and specifications (Total Construction Cost $979,255.17) 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 On May 26, 2021, the City Council of South San Francisco awarded the Water Quality Control Plant (WQCP) and Pump Station Coating and Corrosion Protection Project, Phases 2 and 3 (Project No.’s ss1307 and ss1901) to Murphy Industrial Coating Inc. The project provides a protective coating system for primary clarifiers and various other metal assets at the WQCP and seven sewage pump stations to improve the longevity of wastewater facilities and prolong the useful life of the system components. FUNDING This project is funded by Sewer Enterprise Funds. The project is included in the City of South San Francisco’s fiscal year 2020-2021 Capital Improvement Program (Project No. ss1307 and ss1901) with sufficient funds allocated to cover the project cost. Projected Actual Murphy Industrial Coating, Inc. Contract $ 865,537.00 $ 865,537.00 Construction Contingency (20%)$ 173,107.40 $ 113,718.17 Total Project Construction Budget $ 1,038,644.4 $ 979,255.17 RELATIONSHIP TO STRATEGIC PLAN This project contributes to the City’s Strategic Plan of improved Quality of Life and promotes public health and environmental stewardship. Proper infrastructure maintenance positively affects the quality of life for South San Francisco residents by protecting public health and safety. CONCLUSION Staff recommends acceptance of the project as complete. Upon acceptance, staff will file a Notice of Completion with the County of San Mateo Recorder’s office. At the end of the thirty-five (35) day retention period, the City will release all retention funds to the Contractor and receive a one-year warranty bond. City of South San Francisco Printed on 9/29/2022Page 1 of 2 powered by Legistar™37 File #:22-774 Agenda Date:9/28/2022 Version:1 Item #:6. Staff recommends that the City Council, by motion, accept the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phases 2 and 3 (Project No.’s ss1307 and ss1901) as complete in accordance with plans and specifications (Total Construction Cost $979,255.17). 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Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-361 Agenda Date:9/28/2022 Version:1 Item #:7. Report regarding a resolution authorizing the City Manager to execute an amendment to the Sublease Agreement with Fitness Therapy, LLC. for the commercial space located at 634 El Camino Real, Suite C, in South San Francisco for the purpose of continuing an existing commercial use.(Katie Donner, Management Analyst I) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an amendment to the Sublease Agreement with Fitness Therapy, LLC. for the commercial space located at 634 El Camino Real, Suite C, in South San Francisco for the purpose of continuing an existing commercial use. BACKGROUND 634 El Camino Real is a mixed-use affordable housing development constructed by Mid-Peninsula Housing Coalition (Mid-Pen) and sponsored by the former Redevelopment Agency of the City of San Francisco (RDA). To assist with making the project affordable to lower income households, the RDA contributed land and a $9.9 million loan to Mid-Pen. These were RDA assets until redevelopment was abolished by the State of California. Pursuant to the dissolution statutes, the California Department of Finance (DOF) authorized the transfer of the land and Mid-Pen’s $9.9 million load to the city as housing successor. Mid-Pen, as the developer, owns the building improvements. Based on the Master Lease Agreement between Mid-Pen and the City, the City subsequently entered into sub-lease agreements and completed tenant improvements in the three commercial spaces. In January 2019, the City Council adopted a resolution authorizing the City Manager to execute a Sublease Agreement with Fitness Therapy at 634 El Camino Real, Suite C (the “Property”). Fitness Therapy is a health and wellness company that began in Daly City and has provided group fitness classes in the Bay Area for nearly 11 years. The company works with and trains individuals to provide customized training programs and a high level of care. From sports-specific training to weight loss and metabolic conditioning as well as geriatrics and preventative care, the company has the talent to provide services to a variety of populations. The company also works with non-profit sports organizations, local companies, and governments in which the company provides both personal training services and group classes. Group fitness classes are designed to accommodate 10-12 people and the classes are typically 45 to 60 minutes long. The business owner, Ryan Dantes, is a South San Francisco resident who earned a bachelor’s degree in Kinesiology at San Francisco State University and a Masters in Kinesiology from A.T. Still University in Arizona. On February 15, 2019, the City and Fitness Therapy entered into the Sublease Agreement, included as Attachment 1 to this staff report. In a letter dated February 8, 2021 (“Letter”), included as Attachment 2 to this staff report, the City and Fitness Therapy agreed to amend the Sublease, including an amendment to the Rent Schedule, extension of the Sublease Term until January 31, 2026, and permission for Fitness Therapy to extend the Sublease Term for an additional six (6) months, as long as Fitness Therapy is not in default at the end of the initial Term. City of South San Francisco Printed on 9/23/2022Page 1 of 3 powered by Legistar™47 File #:22-361 Agenda Date:9/28/2022 Version:1 Item #:7. DISCUSSION The City Council approved the Sublease with Fitness Therapy believing that the company would provide an essential service to the community. Prior to approval of the Sublease, the community lost a major gym facility at the Safeway Shopping Center located at 180 El Camino Real. It was understood that Fitness Therapy, unlike a large gym, would operate small classes with a physical training emphasis. Additionally, the Council was interested in supporting a local resident and El Camino High School graduate expand a startup business. Fitness Therapy began tenant improvements in late 2019 and did not finish the work until August 2020, in the midst of the COVID-19 pandemic. Mr. Dantes indicates that he invested over $200,000 in tenant improvement work during this period. Fitness Therapy began classes in late summer 2020. However, a resident tenant located above the business complained about noise and building vibrations from the training sessions. City staff worked with Mid-Pen, Mr. Dantes and the residential tenant to mitigate the causes of the complaint. The mitigation included constructing ceiling panels to muffle the noise and reducing class sizes to reduce the building vibration. Throughout this process, Mr. Dantes expressed his willingness to be a good neighbor and initiated all mitigation measures. Mr. Dantes has not been able to achieve the revenues he originally anticipated. At this time, Fitness Therapy is losing revenue due to both pandemic-driven economic hardships and the mitigation measures imposed on his business related to neighbor complaints. Therefore, Mr. Dantes is requesting a modification to the rent structure of the Sublease Agreement which, he has stated, will allow him to operate a smaller training program and keep Fitness Therapy afloat. Staff is recommending that City Council approve an amendment to the Sublease to reduce the Base Rent because commercial rents have gone down, Fitness Therapy is unable to operate at full capacity, and because of the economic hardships caused by the COVID-19 pandemic since March 2020. In October 2021, the City also approved a rent reduction for Milk Tea in Suite A, from $3,800/month to $3,500/month because commercial rents have gone down due to pandemic-driven economic hardships since March 2020. Staff recommend the proposed Amendment to the Sublease Agreement, attached as Attachment 3, which includes the negotiated terms with Fitness Therapy, including a retroactive reduction in the Base Rent from $5,300/month to $3,000/month for December 1, 2021 to January 31, 2022; from $5,459/month to $3,000/month for February 1, 2022 to September 30, 2022. Moving forward, the Base Rent would be reduced from $5,459/month to $3,000/month for October 1, 2022 to September 30, 2023. As of October 1, 2023, the monthly Base Rent would resume to the original monthly Base Rent schedule, as amended by the Letter, which would be a Base Rent consistent with the existing market rate for commercial space in South San Francisco. Other minor amendments have been included in the Sublease Agreement as well. FISCAL IMPACT The Total Rent would be reduced from $341,676 to $286,584 at the end of a five-year and sixth-month term, with a difference of $55,092. RELATIONSHIP TO STRATEGIC PLAN Amending the sublease agreement to Fitness Therapy meets the City’s priority of economic vitality to help create a foundation for a sustainable community and retaining businesses. CONCLUSION Fitness Therapy adds a service that is needed in the community. Fitness Therapy has not been able to achieve City of South San Francisco Printed on 9/23/2022Page 2 of 3 powered by Legistar™48 File #:22-361 Agenda Date:9/28/2022 Version:1 Item #:7. the revenues originally anticipated. At this time, Fitness Therapy is losing revenue due to both pandemic-driven economic hardships and the mitigation measures imposed on the business related to neighbor complaints. Given the current climate in the commercial real estate market, where vacancies are rising and retail businesses are closing, the City would find it difficult to find a replacement business quickly. Fitness Therapy has stated that the business would be able to continue operating under the amendments to the Sublease Agreement, as proposed. It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an Amendment to the Sublease Agreement with Fitness Therapy, LLC. for the commercial space located at 634 El Camino Real, Suite C, in South San Francisco for the purpose of continuing an existing commercial use. Attachments: 1. Sublease Agreement 2. February 8, 2021 Letter 3. Amendment to Sublease Agreement City of South San Francisco Printed on 9/23/2022Page 3 of 3 powered by Legistar™49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Certificate Of Completion Envelope Id: 3DD9EE34E3DC4C189785B0125E21C13A Status: Completed Subject: Please DocuSign: signed letter 634 ECR Fitness Therapy Ltr 2.16.21.pdf Source Envelope: Document Pages: 4 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Ines Isassi Mendez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 329 Miller Ave South San Francisco, CA 94080 ines.mendez@ssf.net IP Address: 199.181.122.2 Record Tracking Status: Original 2/16/2021 12:15:27 PM Holder: Ines Isassi Mendez ines.mendez@ssf.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp Sky Woodruff Sky.Woodruff@ssf.net City Attorney Signing Group: City Attorney Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.169.145.130 Sent: 2/16/2021 12:18:10 PM Viewed: 2/16/2021 2:11:31 PM Signed: 2/16/2021 2:12:02 PM Electronic Record and Signature Disclosure: Accepted: 2/16/2021 2:11:31 PM ID: a6a245bd-27a8-4b28-a2b5-c29f2c5acc60 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Ines Mendez ines.mendez@ssf.net EDH - Administrative Assistant I City of South San Francisco Security Level: Email, Account Authentication (None) Sent: 2/16/2021 12:18:10 PM Resent: 2/16/2021 2:12:04 PM Viewed: 2/17/2021 8:10:15 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/16/2021 12:18:10 PM 90 Envelope Summary Events Status Timestamps Certified Delivered Security Checked 2/16/2021 2:11:31 PM Signing Complete Security Checked 2/16/2021 2:12:02 PM Completed Security Checked 2/16/2021 2:12:02 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 91 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO City of South San Francisco (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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This Amendment to Sublease Agreement for 634 El Camino Real (this "Amendment") is made effective as of September 30, 2022 (“Effective Date”)by and between the City of South San Francisco, a California municipal corporation (“Landlord”) and Ryan Dantes, owner of Fitness Therapy, LLC.(“Tenant.”) Landlord and Tenant are sometimes collectively referred to herein as the “Parties.”Any capitalized terms not defined herein shall have the meaning ascribed to them in the Sublease Agreement (“Sublease”) attached hereto as Exhibit A. RECITALS A.Landlord is the Master Lease holder of the commercial space located at 634 El Camino Real, Suite C, South San Francisco, CA 94080, owned by Mid-Peninsula Housing Coalition (the “Property.”) B.On February 15, 2019, Landlord and Tenant entered into the Sublease Agreement for the property located at 634 El Camino Real, South San Francisco, CA 94080. C.In a Letter dated February 8, 2021, attached hereto as Exhibit B, Landlord and Tenant agreed to amend the Sublease, extend the Sublease Term until January 31, 2026, and amended the Rent Schedule. D.On September 28, 2022, the City Council adopted Resolution ____________, authorizing the City Manager to execute this Amendment to the Sublease with Ryan Dantes, owner of Fitness Therapy, LLC., for the Property. E.The City now desires to enter into this Amendment to reduce the Base Rent, retroactive to December 1, 2021, and make other minor amendments to the Sublease. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating all of the above as though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties hereby agree as follows, with deletions in strikethrough and additions in double underline: 1. Section 1.2 (Landlord’s Contact) is amended as follows: 1.2 Landlord’s contact:Alex Greenwood Nell Selander, Director of Economic and Community Development 95 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. Telephone: (650) 829-6620 2.Section 1.3 (Tenant’s Address) is hereby amended as follows: 1.3 Tenant’s Address: 538 Sea Spray Court, Pacifica, CA 94044 3.Section 1.4 (Tenant’s Contact) is hereby amended as follows: 1.4 Tenant’s contact: Ryan Dantes, 650-270-4573 4. Section 1.11 (Base Rent) is hereby amended as follows: 1.11 Base Rent: Period Monthly Annual Base Rent Per (Month) Period (Month)Monthly Base Rent Annual Rent 2/1/2021- 7/31/2021 Abated $0 8/1/2021- 1/31/2022 11/30/2021 $5,300.00 $31,800.00$21,200.00 2/1/2022- 1/31/2023 12/1/2021- 9/30/2023 $5,459.00$3,000.00 $65,508.00$66,000.00 2/1/2023- 10/1/2023- 1/31/2024 $5,623.00 $67,476.00$22,492.00 2/1/2024- 1/31/2025 $5,792.00 $69,504.00 2/1/2025- 1/31/2026 $5,966.00 $71,592.00 2/1/2026- 7/31/2026 $5,966.00 $35,796.00 Total Rent:$341,676.00 $286,584.00 See Section 4.3 regarding Triple Net Expenses in addition to Base Rent and Section 4.1 regarding annual increases beginning as of the thirteenth (13th) month,. 5. 1.14 (Permitted Uses) is hereby amended as follows: 1.14 Permitted Uses: Fitness gym for small group and individual personal training 96 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. 6. 4.1 (Monthly Rent) is hereby amended as follows: 4.1 Monthly Rent. From and after the Rent Commencement Date, Tenant shall pay to Landlord for each calendar month of the Term, the monthly Base Rent set forth in Section 1.11, as the same may be adjusted upon Tenant's exercise of the Extension Option as provided in Section 3.5.2. Each monthly installment of Base Rent shall be due and payable to Landlord in lawful money of the United States, in advance, on the first (1st) day of each calendar month during the Term or Extension Term, without abatement, deduction, claim or offset, and without prior notice, invoice or demand, at Landlord's address set forth in Section 1.1 or such other place as Landlord may designate from time to time. Tenant's payment of Base Rent for the first month of the Term shall be delivered to Landlord concurrently with Tenant's execution of this Sublease. Beginning as of the thirteenth (13th) month, and continuing throughout the initial Term of this Sublease, annual Base Rent shall be increased by three percent (3%) of the Rent paid in the prior year as shown in Section 1.11. 7. 5.4 (Rules and Regulations) is hereby amended as follows: 5.4 Rules and Regulations. Tenant shall comply with the rules attached hereto as Exhibit B and any amendments or additions thereto promulgated by Landlord from time to time for the safety, care and cleanliness of the Premises, Building and Real Property (the "Rules and Regulations"). Tenant shall not use or permit any person to use the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants of the Building or the occupants of buildings adjacent to the Building. These Rules and Regulations include, but are not limited to, the requirement that Tenant comply with the City of South San Francisco’s noise ordinance, as codified in Chapter 8.32 of the South San Francisco Municipal Code, including maximum permissible noise level standards as established in Section 8.32.030. The established noise level standards for the Property are as follows: R-3 and D-C zones or any multiple-family residential or mixed residential/commercial in any specific plan district 10 p.m.—7 a.m.55 7 a.m.—10 p.m.60 Landlord shall not be responsible to Tenant for the nonperformance or noncompliance by any other tenant or occupant of the Building of or with any of the Rules and Regulations. In the event of any conflict between the provisions of this Sublease and the provisions of the Rules and Regulations, the provisions of this Sublease shall control. 97 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. 8.Notwithstanding any terms in the Sublease Agreement, Tenant shall not be penalized for early termination of the Sublease Agreement, following 30 day written notice to Landlord to terminate the Sublease. 9. General Provisions. a. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Amendment and the meaning of the provisions hereof. The provisions of this Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source ofthe language in question. b. Except as expresslyamended pursuant to this Amendment, the terms and provisions of the Sublease shall remain unmodified and shall continue in full force and effect, and Tenant and Landlord hereby ratify and affirm all their respective rights and obligations under the Sublease. In the event of any conflict between this Amendment and the Sublease, the Sublease shall govern unless specifically modified by this Amendment. c. The terms and provisions of this Amendment, together with the Sublease, and Letter Dated February 8, 2021 (attached as Exhibit B), shall constitute all of the terms and provisions to which Tenant and Landlord have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Sublease and/or the Property other than as set forth in the Sublease as modified by this Amendment. d. The provisions of this Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. 10. Counterparts.This Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for allpurposes. SIGNATURES ON FOLLOWING PAGE 98 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. LANDLORD: CITY OF SOUTH SAN FRANCISCO By: Mike Futrell City Manager ATTEST: By: Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: City Attorney RYAN DANTES, FITNESS THERAPY, LLC. By: Title: 5193719.1 99 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-362 Agenda Date:9/28/2022 Version:1 Item #:7a. Resolution authorizing the City Manager to execute an Amendment to the Sublease Agreement with Fitness Therapy, LLC. for the commercial space located at 634 El Camino Real, Suite C, in South San Francisco for the purpose of continuing an existing commercial use. WHEREAS, the City of South San Francisco (“City”) is the Master Lease holder of the commercial space located at 634 El Camino Real, Suite C, South San Francisco, CA 94080, owned by Mid-Peninsula Housing Coalition (“Property”); and WHEREAS, in January 2019, the City Council adopted a resolution authorizing the City Manager to execute a Sublease Agreement with Fitness Therapy, LLC. (“Fitness Therapy”) at 634 El Camino Real, Suite C; and WHEREAS, on February 15, 2019, the City and Fitness Therapy entered into a Sublease Agreement for the property located at 634 El Camino Real, South San Francisco, CA 94080; and WHEREAS, Fitness Therapy works with and trains individuals to provide customized training programs and a high level of care, from sports-specific training to weight loss and metabolic conditioning as well as geriatrics and preventative care; and WHEREAS, in a letter dated February 8, 2021 (“Letter”), the City and Fitness Therapy agreed to amend the Sublease, including an amendment to the Rent Schedule, extension of the Sublease Term until January 31, 2026, and permission for Fitness Therapy to extend the Sublease Term for an additional six (6) months, as long as Fitness Therapy is not in default at the end of the initial Term; and WHEREAS, Fitness Therapy wishes to continue operating at 634 El Camino Real at a reduced rent due to both pandemic-driven economic hardships since March 2020 and noise and vibration mitigation measures imposed on Fitness Therapy; and WHEREAS, the City Council desires to reduce the Base Rent because commercial rents have gone down, the tenant is unable to operate at full capacity due to mitigation measures, and because of the economic hardships caused by the COVID-19 pandemic since March 2020; and WHEREAS, the City Council now desires to amend the Sublease Agreement to reduce the Base Rent, retroactive to December 1, 2021, and make other minor amendments to the Sublease; and WHEREAS, the proposed Amendment to the Sublease Agreement includes a retroactive reduction in the Base Rent from $5,300/month to $3,000/month for December 1, 2021 to January 31, 2022; from $5,459/month to $3,000/month for February 1, 2022 to September 30, 2022; and WHEREAS, moving forward, the Base Rent will be reduced from $5,459/month to $3,000/month for October 1, 2022 to September 30, 2023; and City of South San Francisco Printed on 9/29/2022Page 1 of 2 powered by Legistar™100 File #:22-362 Agenda Date:9/28/2022 Version:1 Item #:7a. WHEREAS, as of October 1, 2023, the monthly Base Rent would resume to the original monthly Base Rent schedule, as amended by the Letter, which would be consistent with the existing market rate for commercial space in South San Francisco. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager, or his designee, to execute an Amendment to the Sublease Agreement substantially in the form as the Amendment attached to this Resolution, and as a result of completed negotiations, to make any revisions, amendments, or modifications, deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City's obligations thereunder, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that this resolution shall take effect immediately. ***** City of South San Francisco Printed on 9/29/2022Page 2 of 2 powered by Legistar™101 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. This Amendment to Sublease Agreement for 634 El Camino Real (this "Amendment") is made effective as of September 30, 2022 (“Effective Date”)by and between the City of South San Francisco, a California municipal corporation (“Landlord”) and Ryan Dantes, owner of Fitness Therapy, LLC.(“Tenant.”) Landlord and Tenant are sometimes collectively referred to herein as the “Parties.”Any capitalized terms not defined herein shall have the meaning ascribed to them in the Sublease Agreement (“Sublease”) attached hereto as Exhibit A. RECITALS A.Landlord is the Master Lease holder of the commercial space located at 634 El Camino Real, Suite C, South San Francisco, CA 94080, owned by Mid-Peninsula Housing Coalition (the “Property.”) B.On February 15, 2019, Landlord and Tenant entered into the Sublease Agreement for the property located at 634 El Camino Real, South San Francisco, CA 94080. C.In a Letter dated February 8, 2021, attached hereto as Exhibit B, Landlord and Tenant agreed to amend the Sublease, extend the Sublease Term until January 31, 2026, and amended the Rent Schedule. D.On September 28, 2022, the City Council adopted Resolution ____________, authorizing the City Manager to execute this Amendment to the Sublease with Ryan Dantes, owner of Fitness Therapy, LLC., for the Property. E.The City now desires to enter into this Amendment to reduce the Base Rent, retroactive to December 1, 2021, and make other minor amendments to the Sublease. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating all of the above as though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties hereby agree as follows, with deletions in strikethrough and additions in double underline: 1. Section 1.2 (Landlord’s Contact) is amended as follows: 1.2 Landlord’s contact:Alex Greenwood Nell Selander, Director of Economic and Community Development 102 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. Telephone: (650) 829-6620 2.Section 1.3 (Tenant’s Address) is hereby amended as follows: 1.3 Tenant’s Address: 538 Sea Spray Court, Pacifica, CA 94044 3.Section 1.4 (Tenant’s Contact) is hereby amended as follows: 1.4 Tenant’s contact: Ryan Dantes, 650-270-4573 4. Section 1.11 (Base Rent) is hereby amended as follows: 1.11 Base Rent: Period Monthly Annual Base Rent Per (Month) Period (Month)Monthly Base Rent Annual Rent 2/1/2021- 7/31/2021 Abated $0 8/1/2021- 1/31/2022 11/30/2021 $5,300.00 $31,800.00$21,200.00 2/1/2022- 1/31/2023 12/1/2021- 9/30/2023 $5,459.00$3,000.00 $65,508.00$66,000.00 2/1/2023- 10/1/2023- 1/31/2024 $5,623.00 $67,476.00$22,492.00 2/1/2024- 1/31/2025 $5,792.00 $69,504.00 2/1/2025- 1/31/2026 $5,966.00 $71,592.00 2/1/2026- 7/31/2026 $5,966.00 $35,796.00 Total Rent:$341,676.00 $286,584.00 See Section 4.3 regarding Triple Net Expenses in addition to Base Rent and Section 4.1 regarding annual increases beginning as of the thirteenth (13th) month,. 5. 1.14 (Permitted Uses) is hereby amended as follows: 1.14 Permitted Uses: Fitness gym for small group and individual personal training 103 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. 6. 4.1 (Monthly Rent) is hereby amended as follows: 4.1 Monthly Rent. From and after the Rent Commencement Date, Tenant shall pay to Landlord for each calendar month of the Term, the monthly Base Rent set forth in Section 1.11, as the same may be adjusted upon Tenant's exercise of the Extension Option as provided in Section 3.5.2. Each monthly installment of Base Rent shall be due and payable to Landlord in lawful money of the United States, in advance, on the first (1st) day of each calendar month during the Term or Extension Term, without abatement, deduction, claim or offset, and without prior notice, invoice or demand, at Landlord's address set forth in Section 1.1 or such other place as Landlord may designate from time to time. Tenant's payment of Base Rent for the first month of the Term shall be delivered to Landlord concurrently with Tenant's execution of this Sublease. Beginning as of the thirteenth (13th) month, and continuing throughout the initial Term of this Sublease, annual Base Rent shall be increased by three percent (3%) of the Rent paid in the prior year as shown in Section 1.11. 7. 5.4 (Rules and Regulations) is hereby amended as follows: 5.4 Rules and Regulations. Tenant shall comply with the rules attached hereto as Exhibit B and any amendments or additions thereto promulgated by Landlord from time to time for the safety, care and cleanliness of the Premises, Building and Real Property (the "Rules and Regulations"). Tenant shall not use or permit any person to use the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants of the Building or the occupants of buildings adjacent to the Building. These Rules and Regulations include, but are not limited to, the requirement that Tenant comply with the City of South San Francisco’s noise ordinance, as codified in Chapter 8.32 of the South San Francisco Municipal Code, including maximum permissible noise level standards as established in Section 8.32.030. The established noise level standards for the Property are as follows: R-3 and D-C zones or any multiple-family residential or mixed residential/commercial in any specific plan district 10 p.m.—7 a.m.55 7 a.m.—10 p.m.60 Landlord shall not be responsible to Tenant for the nonperformance or noncompliance by any other tenant or occupant of the Building of or with any of the Rules and Regulations. In the event of any conflict between the provisions of this Sublease and the provisions of the Rules and Regulations, the provisions of this Sublease shall control. 104 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. 8.Notwithstanding any terms in the Sublease Agreement, Tenant shall not be penalized for early termination of the Sublease Agreement, following 30 day written notice to Landlord to terminate the Sublease. 9. General Provisions. a. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Amendment and the meaning of the provisions hereof. The provisions of this Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source ofthe language in question. b. Except as expresslyamended pursuant to this Amendment, the terms and provisions of the Sublease shall remain unmodified and shall continue in full force and effect, and Tenant and Landlord hereby ratify and affirm all their respective rights and obligations under the Sublease. In the event of any conflict between this Amendment and the Sublease, the Sublease shall govern unless specifically modified by this Amendment. c. The terms and provisions of this Amendment, together with the Sublease, and Letter Dated February 8, 2021 (attached as Exhibit B), shall constitute all of the terms and provisions to which Tenant and Landlord have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Sublease and/or the Property other than as set forth in the Sublease as modified by this Amendment. d. The provisions of this Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. 10. Counterparts.This Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for allpurposes. SIGNATURES ON FOLLOWING PAGE 105 AMENDMENT TO SUBLEASE AGREEMENT FOR 634 EL CAMINO REAL BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RYAN DANTES, FITNESS THERAPY, LLC. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. LANDLORD: CITY OF SOUTH SAN FRANCISCO By: Mike Futrell City Manager ATTEST: By: Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: City Attorney RYAN DANTES, FITNESS THERAPY, LLC. By: Title: 5193719.1 106 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-802 Agenda Date:9/28/2022 Version:1 Item #:8. Report regarding a second reading and adoption of an ordinance amending Chapter 20.280 (“Downtown Station Area Specific Plan District”) of the South San Francisco Municipal Code.(Billy Gross, Principal Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an ordinance amending Chapter 20.280 (“Downtown Station Area Specific Plan District”) of the South San Francisco Municipal Code to allow the development at 121 E. Grand Avenue. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance. The ordinance is ready for adoption. Ordinance amending Chapter 20.280 (“Downtown Station Area Specific Plan District”) of the South San Francisco Municipal Code. (Ordinance Introduced on September 14, 2022, Vote 5-0) CONCLUSION The ordinance is ready for adoption. ASSOCIATIONS 1. Final Ordinance (22-803) City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™107 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-803 Agenda Date:9/28/2022 Version:1 Item #:8a. Ordinance amending Chapter 20.280 (“Downtown Station Area Specific Plan District”) of the South San Francisco Municipal Code. WHEREAS, the applicant has proposed to construct one Office/R&D building totaling approximately 943,965 square feet, atop a two-story podium parking structure with publicly accessible plazas and landscape areas, and other on- and off-site improvements on a 3.2 acre site at 121 E Grand Ave (“121 E Grand Ave R&D Project”); and WHEREAS, the proposed Project is located within the Transit Office/ Research and Development Core (TO/RD) Zoning District; and WHEREAS, the applicant has proposed amendments to the City’s Zoning Ordinance (“Ordinance”), to amend Chapter 20.280, “Downtown Station Area Specific Plan District”, to modify the development standards to allow additional density in order to implement the Project; and WHEREAS, the applicant also seeks approval of a General Plan Amendment (GPA20-0002), Conditional Use Permit (UP20-0008), Design Review (DR20-0027), Transportation Demand Management Plan (TDM20-0010), and Tentative Parcel Map (PM22-0003), for the Project; and WHEREAS, approval of the applicant’s proposal is considered a “project” for purposes of the California Environmental Quality Act (Public Resources Code §21000, et seq.) (“CEQA”); and WHEREAS, on behalf of the City, Knapp Consulting prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project analyzing the potential environmental effects of the Project, which was submitted to the State Clearinghouse (SCH # 2022060734) and the San Mateo County Clerk and was circulated for a 30- day public review period, beginning on July 1, 2022, and ending on August 1, 2022; and WHEREAS, the City received four comment letters on the IS/MND during the applicable comment period, and as set forth in the accompanying staff report and the record below, the City determined that the comments submitted do not result in new significant impacts or mitigation measures, or changed impact conclusions; the City determined that responses to comments and corrections to the IS/MND do not require recirculation of the IS/MND or preparation of an environmental impact report under sections 15073.5 and 15074.1 of the CEQA Guidelines; and WHEREAS, the IS/MND concluded that, although the Project could have a potentially significant effect on the environment, there will not be a significant effect in this case because the IS/MND identifies measures that will be incorporated into the Project and to which the Project Sponsor has agreed to implement, which will either avoid or mitigate to a level of insignificance all potentially significant or significant effects of the Project; and the City serving as the Lead Agency finds that on the whole of the record before it that there is no substantial City of South San Francisco Printed on 9/29/2022Page 1 of 4 powered by Legistar™108 File #:22-803 Agenda Date:9/28/2022 Version:1 Item #:8a. evidence the project will have a significant on the environment; and the IS/MND reflects the City’s independent judgement and analysis; and, WHEREAS, the San Mateo County Airport Land Use Commission reviewed the proposed legislative enactments associated with the 121 E Grand Ave R&D Project on June 23, 2022 and found them consistent with the Airport Land Use Compatibility Plan; and WHEREAS, on August 18, 2022 the Planning Commission conducted a properly noticed public hearing to consider the project environmental analysis and requested entitlements, and recommended that the City Council adopt the IS/MND and approve the 121 E Grand Ave R&D Project Entitlements, including Zoning Ordinance Amendments; and WHEREAS, the City Council held a duly noticed public hearing on September 14, 2022 to consider the 121 E Grand Ave R&D Project IS/MND and the environmental analysis contained therein, and the requested entitlements, including the Zoning Ordinance Amendments, and take public testimony. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan, and General Plan Environmental Impact Report; the South San Francisco Municipal Code; 2022 Initial Study/ Mitigated Negative Declaration, and associated Mitigation Monitoring and Reporting Program; the Project applications; the 121 E Grand Ave R&D Project Plans, as prepared by SOM, dated May 2, 2022; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed August 18, 2022 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed September 14, 2022 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: 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, the documents referenced above, and all reports, minutes, submittals and public testimony submitted as part of the Planning Commission’s duly noticed August 18, 2022 meeting and the meetings at which the City Council considered this Ordinance, and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. By Resolution No. 151-2022, the City Council, exercising its independent judgment and analysis, has City of South San Francisco Printed on 9/29/2022Page 2 of 4 powered by Legistar™109 File #:22-803 Agenda Date:9/28/2022 Version:1 Item #:8a. found that an Initial Study/Mitigated Negative Declaration (ND21-0001), in accordance with Section 21151 of the California Public Resources Code was prepared for the Project, which 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 IS/MND is the appropriate environmental document for the Project and no further environmental review is required, subject to future approval of a General Plan Amendment. 4. 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 Chief Planner. B. Zoning Ordinance Amendment Findings 1. The Zoning Text Amendment allows an increase in allowable Floor Area Ratio in the TO/RD Zone District and is consistent with the General Plan, as proposed for amendment. 2. The purpose of the TO/RD Zone District is to provide a location for the highest intensity office or R&D uses in immediate proximity to the Caltrain Station. The Zoning Text Amendment is only increasing the allowable Floor Area Ratio in the TO/RD zone district and is not changing the allowed uses or other development standards. Therefore, the subject property is suitable for the uses permitted in the TO/RD zone in terms of access, size of parcel, relationship to similar uses, or any other relevant considerations. 3. The Zoning Text Amendment will not be detrimental to use of land in any adjacent zone as it does not impact any additional uses or alter additional development standards in the TO/RD zone. 4. Based on the record presented, the Zoning Text Amendment meets the criteria of Municipal Code section 20.550.008. SECTION 2.AMENDMENTS The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect. A. Amend Table 20.280.004-1 to modify the maximum density allowed in the Transit Office / Research and Development Zoning District, as follows: City of South San Francisco Printed on 9/29/2022Page 3 of 4 powered by Legistar™110 File #:22-803 Agenda Date:9/28/2022 Version:1 Item #:8a. 20.280.004-1 Lot, Density and FAR Standards - Downtown Station Area Specific Plan Sub-Districts Standard DTC GAC DRC TO/RD LCC LNC Additional Standards Minimum Lot Size (sq. ft.)5,000 5,000 5,000 10,000 5,000 5,000 Minimum Lot Width (sq. ft.) 50 50 50 50 50 50 Minimum Lot Depth (sq. ft.) n/a n/a 80 n/a 80 n/a Floor Area Ratio (FAR) Minimum FAR 2.0 1.5 n/a 1.5 n/a 2.0 Maximum FAR 6.0 3.0 3.0 2.5 n/a 3.0 Exclusive of structured parking Maximum FAR with Incentive Program 8.0 4.0 3.25 (1)8.0 n/a n/a Exclusive of structured parking SECTION 3.SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4.PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco held the 14th day of September, 2022. City of South San Francisco Printed on 9/29/2022Page 4 of 4 powered by Legistar™111 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-586 Agenda Date:9/28/2022 Version:1 Item #:9. Report regarding a resolution approving the First Amendment to the service agreement with Du-All Safety for safety program consultant services for an additional $75,000 for a total contract amount not to exceed $175,000. (Leah Lockhart, HR Director) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the First Amendment to the existing service agreement with Du-All Safety for ongoing safety program consulting services for an additional $75,000 for July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $175,000. BACKGROUND/DISCUSSION Since 2016, Du-All Safety has continued to work collaboratively with the City-wide safety committee to implement a variety of both mandatory and voluntary safety programs and procedures such as continuous updates to the City’s Injury and Illness Prevention Plan, including significant changes brought on by COVID- 19 pandemic related impacts; specific written plans on mandatory environmental health, safety, and prevention topics; development and maintenance of City-wide and site-specific Emergency Action Plans; periodic site assessments; and evaluation of accident reports, trends and benchmarks. Du-All Safety also provides ongoing in-person OSHA-approved training on a variety of safety topics on an annual or as-needed basis, which is an essential component of the City’s safety program. Among the compliance related safety training completed in the first half of 2022 are CPR/First Aid, Traffic Control/Work Zone Safety, Elevated Work Platforms, Confined Space Rescue, Respirable Silica and Bloodborne Pathogens. Upcoming hands-on trainings include Excavation, Fall Protection, Forklift Use, Electrical Safety and Line Clearance, and Heavy Equipment Operation. Additionally, Du-All has created an online safety learning portal with access to pre-recorded webinars for on-demand access. The City-wide central safety committee, comprised of employees and managers in all departments, meets with Du-All Safety on a bi-monthly basis to review safety program goals and outcomes, as well as training or program needs in each department. The City desires to extend this service agreement for a period of one year for the July 1, 2022 through June 30, 2023 term in order to ensure successful continuation of safety monitoring, inspection, and education. FISCAL IMPACT The fiscal impact for fiscal year 2022-2023 is $75,000 for additional services performing during the 12-month extension of the contract term. Funding has been included in the City’s 2022-2023 operating budget. RELATIONSHIP TO STRATEGIC PLAN The safety program supports the City Council’s strategic priorities of Workforce Development, by City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™112 File #:22-586 Agenda Date:9/28/2022 Version:1 Item #:9. demonstrating a commitment to facilitating a safe and healthy work environment for employees and in turn creating and maintaining a culture of safety City-wide, and Fiscal Sustainability, by reducing costs associated with workplace injuries and illnesses while increasing systemic efficiencies and productivity. CONCLUSION Staff recommends the approval of a one-year extension of the City’s contract with Du-All safety in order to provide ongoing safety consulting and training services for fiscal year 2022-2023. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™113 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-587 Agenda Date:9/28/2022 Version:1 Item #:9a. Resolution approving a First Amendment to the service agreement with Du-All Safety to provide ongoing safety program consultant services, for an additional $75,000, for a total contract amount not to exceed $175,000 for July 1, 2022 through June 30, 2023. WHEREAS, the City of South San Francisco has contracted with Du-All Safety for safety program consultant services since 2016, in order to maintain a workplace safety program that provides for worker protection and minimizes safety risks and establishes compliance with both federal and state OSHA standards; and WHEREAS, the current service agreement is in effect for the period of July 1, 2021 through July 1, 2022, attached hereto and incorporated as Exhibit A; and WHEREAS, the City desires to extend the existing service agreement with Du-All for safety program consultant services for an additional $75,000 for fiscal year 2022-2023. NOW, THEREFORE BE IT RESOLVED, that the City Council of South San Francisco hereby approves the First Amendment to the service agreement with Du-All Safety for safety program consultant services providing for an additional $75,000 and a total contract amount not to exceed $175,000, for July 1, 2022 through June 30, 2023. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute the First Amendment to the service agreement with Du-All Safety, attached hereto and incorporated as Exhibit B. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to make any revisions, amendments, corrections or modifications to the First Amendment to the service agreement, subject to the approval as to form by the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; and to take any related action reasonably necessary to carry out the intent of this Resolution. ***** City of South San Francisco Printed on 9/29/2022Page 1 of 1 powered by Legistar™114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DU-ALL SAFETY THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of July 1, 2022 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”),a municipal corporation, and DU-ALL SAFETY (“Contractor”), (sometimes referred together as the “Parties”)who agree as follows: RECITALS A. On July 1, 2021, City and Contractor entered that certain Consulting Services Agreement (“Agreement”)whereby Contractor agreed to provide safety consulting services and training for the City. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1. The July 1, 2022 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with June 30, 2023. 3. Section 2. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $175,000, with the understanding that $99,669 has already been paid to the Contractor. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. 4. Section 2. Section 2 of the Agreement shall be amended such that the updated fee schedule reflecting current compensation rates is attached as Exhibit B. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. Dated: ____________________________________ 142 CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: CityManager Du-All Safety DU-ALL SAFETY Approved as to Form: ATTEST: By: ____________________________ __________________________ CITY CLERK CityAttorney 143 ([KLELW$ 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 45950 HOTCHKISS ST. xx FREMONT, CA 94539 x TEL: (510) 651-8289 x FAX: (510) 651-8937 http://www.du-all.com x E-mail: safety@du-all.com Rev. 9.22.20 Service Price List Monthly EH&S Maintenance Service Pricing Levels Ȃ͸ͲΪǦ̈́ͳͷͷȀ ȋȗ ͈ͷ͹ͶȀͼͶή Ȍ ȂͶͲǦ̈́ͳ͸ͷȀ ȂʹͶǦ̈́ͳͺͲȀ ȂͺʹͶǦ̈́ͳͻͷȀ Support Clients are not charged for copies, certificates, mileage, postage, labels, postings, cards, etc. The above pricing levels are based on an annual service agreement with minimum time required each month.À la Carte Project Rates for Non-Maintenance Service Client: ̈́ͳǡͻ͹ͷ Ǧ ̈́ͳǡͲ͹ͷǦ Webcast Recording and Web Hosting Fees ̈́ʹͲͲȗƬ ̈́͵ͲͲȗǦƬ ȗ Online Course Fees: ̈́ʹͳƬ ̈́͵ͳǦƬ ̈́͹ͷͳͲǦ ̈́ͳͶͷ͵ͲǦ COVID-19 Support Service Prices: ̈́͸ͷͲǦǦ ȋǦǡǡ ȌǡȋȌǤ Equipment ǦǤǤ ([KLELW% 171 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-629 Agenda Date:9/28/2022 Version:1 Item #:10. Report regarding a resolution 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) RECOMMENDATION It is recommended that City Council adopt a resolution approving the South San Francisco Fire Department’s annual inspections performance pursuant to the California Health and Safety Code section 13146.4. BACKGROUND/DISCUSSION The California Health and Safety Code 13146.4 requires fire departments or districts that are providing fire protection services to annually inspect buildings that are being used as public or private schools, hotels, motels, lodging houses, and apartment houses. Additionally, fire departments are required to report to their City Council annually, demonstrating their compliance with the mandatory annual inspections and that they acknowledge receipt of the information by resolution. The South San Francisco Fire Department maintains a comprehensive inspection program, working to ensure that all occupancies within the City be inspected for fire and life safety code compliance on an annual or biennial basis. The frequency of inspections is dependent upon the risks within a building. This allows staff to provide enhanced fire safety behaviors throughout the community through interactive, risk-based inspections and fire safety education to every business within the City. While California state law requires only the reporting of public or private schools, hotels, motels, lodging houses, and apartment houses, the South San Francisco Fire Department has elected to include data on additional occupancies within the City that pose a risk. These occupancies include the following: places of assembly, gas stations, auto repair facilities, laboratories, care facilities, hospitals and fire protection systems. The report details occupancy types, number of occupancies, inspections conducted, and percentage completed. With the continued effects of the COVID-19 pandemic 2021/2022 reporting period was again a challenging year for businesses, schools and our overall community. Some facilities were forced to close or go dormant, while others took the opportunity to renovate or adjust their business models. Overall, the Fire Prevention division did see a reduction in the number of existing non-mandated businesses and facilities we were able to inspect in the reporting period. However, our City continues to develop at a rapid pace placing a large demand on the fire prevention division to also conduct construction inspections. Despite these challenges, all mandated inspections were completed by the end of the 2021/2022 fiscal year. FISCAL IMPACT There is no additional fiscal impact associated with adoption of this resolution. The resolution seeks to communicate and acknowledge compliance with inspections previously mandated by state law. RELATIONSHIP TO STRATEGIC PLAN This action supports priority area four regarding Public Safety. City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™172 File #:22-629 Agenda Date:9/28/2022 Version:1 Item #:10. CONCLUSION California state law requires fire departments to review and report on annual state mandated occupancy inspections within their jurisdictions. This allows the City Council an opportunity to evaluate Fire Prevention performance. Adoption of the resolution ensures compliance with California Health and Safety Code Section 13146.4 and demonstrates the City’s commitment to improving public safety. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™173 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-630 Agenda Date:9/28/2022 Version:1 Item #:10a. A Resolution approving the South San Francisco Fire Department’s annual inspections performance pursuant to the California Health and Safety Code section 13146.4. WHEREAS, the California Health and Safety Code 13146.4 requires Fire Departments providing fire protection services to annually inspect and report to City Council inspection status of buildings that are being used as public or private schools, hotels, motels, lodging houses, and apartment houses; and WHEREAS, the South San Francisco Fire Department maintains a comprehensive inspection program, working to ensure that all occupancies within the City are inspected for fire and life safety on an annual or biennial basis; and WHEREAS, California Health and Safety Code 13146.4 requires only the reporting of public or private schools, hotels, motels, lodging houses, and apartment houses, the South San Francisco Fire Department has elected to include data on additional occupancies within the City that pose a risk, including places of assembly, gas stations, auto repair facilities, laboratories, care facilities, hospitals and fire protection systems; and WHEREAS, the purpose of state law requires fire departments to review and report on annual state mandated occupancy inspections within their jurisdictions, which allows the City Council an opportunity to evaluate Fire Prevention performance; and WHEREAS, the Fire Department Inspection Compliance Report, hereto attached as Exhibit A, ensures compliance with California Health and Safety Code Section 13146.4 and demonstrates the City’s commitment to improving public safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve the South San Francisco Fire Department’s annual inspections performance pursuant to the California Health and Safety Code section 13146.4. City of South San Francisco Printed on 9/29/2022Page 1 of 1 powered by Legistar™174 EXHIBIT A DATE: September 2022 SUBJECT: Annual Inspection Compliance Report to Fulfill California Health and Safety Code Section 13146.4. Occupancy Type Total # of Occupancies Completed in 2021 % Complete Group E (Schools, public & private)20 20 100% Group R-1 (Hotels & Motels)35 30 86% Group R-2 (Apartment & Condominiums)477 466 98% Total E & R Occ. (Reportable)532 516 97% Group A (Restaurants, Places of Warship)108 71 66% Group B (Office, Professional Services)543 183 34% Group F (Industrial, Factory)237 23 10% Group H (Hazardous material)1 1 100% Group I (Hospitals, Day Care Facilities)4 4 100% Group L ( Labs, Bio-Tech, R&D)165 63 38% Group M (Stores, Markets)79 9 11% Group R-3.1 (Residential Care Facilities)94 5 5% Group S ( Auto Repair, Warehouses)337 45 13% Total Occupancy Inspections 1568 404 26% Re-inspection Varies 807 Fire Protection Systems Inspections Varies 1163 Misc Varies 85 Total Inspections SOUTH SAN FRANCISCO FIRE DEPARTMENT Inspection Compliance Report South San Francisco Fire Department Annual Inspection Compliance Report 2975 HIBIT A 175 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-684 Agenda Date:9/28/2022 Version:1 Item #:11. Staff report regarding adoption of a resolution accepting a California Department of Transportation Clean California Local Grant Program (CCLGP) in the amount of $2,418,478 for improvements of Centennial Trail and approval of Budget Amendment # 23.015.(Philip Vitale, Deputy Director of Capital Projects and Greg Mediati, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a Clean California Local Grant Program grant from the California Department of Transportation in the amount of $2,418,478 for improvement of Centennial Trail. BACKGROUND/DISCUSSION The Clean California Local Grant Program (CCLGP) is administered through the California Department of Transportation with the aim to significantly reduce litter along state highways, local roads, tribal land, parks, pathways, and transit centers and to beautify the state’s transportation network through art and litter clean-up projects in underserved, rural and urban communities. Over a billion dollars has been dedicated to this statewide effort. As part of a robust community engagement effort that began in 2021, the community informed the development of the Centennial Trail Master Plan which identified desired improvements for the full stretch of the trail from the South San Francisco BART station to the San Bruno Station. While the master plan was in a final draft form, not yet having been adopted by City Council, staff was made aware of a funding opportunity through the Clean California Local Grant Program that could potentially partially fund improvements to a segment of the trail. Utilizing the conceptual design from the master plan, staff worked closely with the Institute for Local Governments through the BOOST initiative to develop a grant application to fund the improvements to the segment of Centennial Trail. Improvements to the trail segment between Spruce Avenue and Huntington Way will transform an undeveloped fallow patch of land into a community recreation and education space that will advance equity, health, and education outcomes for one of South San Francisco’s most underserved neighborhoods. The Project will benefit students from the nearby Boys and Girls Club, South San Francisco High School, Los Cerritos Elementary School, which is a Title 1 School, as well as the broader community, providing easy access to a trail, outdoor education area, skate park and fitness amenities, which will support underserved youth and encourage outdoor activity and environmental stewardship. The Project will also include trash receptacles, a pet waste station, bike racks, a shade structure, picnic tables, interpretive panels, enhanced lighting and landscaping, including roughly 130 trees and 5,900 drought-tolerant shrubs that will help beautify the area and provide habitat learning experiences for residents and school age children along with important climate benefits. A temporary pathway and hydroseeded planted area will be installed in the location of the future bike pump-track. Six community events and a social media campaign with emphasis on litter abatement awareness will reach more than 26,000 residents. The project schedule anticipates community engagement through the Fall of 2022, going out to bid Summer City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™176 File #:22-684 Agenda Date:9/28/2022 Version:1 Item #:11. 2023 and completing construction Spring 2024. FISCAL IMPACT The grant requires a 50% match of $2,418,478 which was allocated from Park Impact Fees in the FY22/23 CIP Budget. RELATIONSHIP TO STRATEGIC PLAN This item before the City Council supports the City’s Quality of Life strategic goal by providing additional funding for improved park amenities for residents. CONCLUSION It is recommended that the City Council adopt a resolution accepting grant funds from for the California Department of Transportation Clean California Local Grant Program (CCLGP) in the amount of $2,418,478 for improvements of Centennial Trail between Spruce Avenue and Huntington Way. Doing so will allow for additional funding for parks projects in South San Francisco. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™177 CleanCA Local Grant ProgramCentennial Way TrailCity Council MeetingSeptember 28, 2022178 Overview•Administered through the California Department of Transportation.•Aim to reduce litter along state highways, local roads, parks, pathways, and transit centers and to beautify the state’s transportation network.•Over a billion dollars has been dedicated to this statewide effort.179 Overview•City awarded $2,418,478 for improvements of Centennial Trail.•Improvements to the trail segment between Spruce and Huntington.•Requires a 50% match of $2,418,478.180 CENTENNIAL TRAIL IMPROVEMENTS 181 CENTENNIAL TRAIL IMPROVEMENTS 182 CENTENNIAL TRAIL IMPROVEMENTS 183 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-685 Agenda Date:9/28/2022 Version:1 Item #:11a. Resolution accepting a California Department of Transportation Clean California Grant in the amount of $2,418,478 for improvements of Centennial Trail between Spruce Avenue and Huntington Avenue and approval of Budget Amendment # 23.015. WHEREAS, the City Council of the City of South San Francisco is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of South San Francisco wishes to delegate authorization to execute these agreements and any amendments thereto; and WHEREAS, the City Council of the City of South San Francisco desires to accept grant funding in the amount of $2,418,478 from the California Department of Transportation Clean California Local Grant Program for improvements of Centennial Trail; and WHEREAS, the grant funds will be used to amend Fiscal Year (FY) 2022-2023 CIP Operating Budget via Budget Amendment # 23.015; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $2,418,478 in grant funding from the California Department of Transportation Clean California Local Grant Program for improvements of Centennial Trail. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, including but not limited to executing all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 9/29/2022Page 1 of 1 powered by Legistar™184 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-735 Agenda Date:9/28/2022 Version:1 Item #:12. Report regarding the Conceptual Design of the Orange Memorial Park Aquatic Center (Project No. pk2310). (Philip Vitale, Deputy Director of Capital Projects) RECOMMENDATION It is recommended that the City Council receive a report regarding the Conceptual Design of the Orange Memorial Park Aquatic Center Project (Project No. pk2310). BACKGROUND/DISCUSSION Orange Pool is South San Francisco’s only indoor municipal swimming pool. Opened in 1970, it continues to serve as a community-wide destination for residents of all ages. Despite the City’s attentive custodianship of the building, overall, the building’s age and heavy use have resulted in very worn condition of the shell and interior. The facility is well beyond the point of meriting replacement. In April 2021, staff presented to the City Council Budget Standing Committee the Wong and Logan Feasibility Study with recommendation of the construction of a new two-pool facility. In May 2021, staff engaged Group4 Architects from the City’s on-call architecture firm list to explore alternative Aquatic Center locations within Orange Memorial Park and validate construction costs. Working from the two-pool facility approach identified in the Wong and Logan study, Group4 refined the program to include an 8-lane 25-meter pool, separate teaching pool, swimmer’s lounge, rentable multi- use/party room, staff and pool director offices, locker rooms and support spaces for mechanical equipment within a 28,500 square-foot single-story facility. In February 2022, City Council authorized the execution of a professional services agreement with ELS Architecture and Urban Design for design, construction documentation and construction administration for the project. In April 2022, City Council authorized the execution of a consulting services agreement with Swinerton Management and Consulting for project and construction management services for the project. Community engagement for the Aquatic Center commenced in April 2022, with three workshops and online surveys. Conceptual Design of the project has been ongoing since then, with completion of the Conceptual Design documents in September 2022. Budget and Schedule: The project is tracking to the following budget: • Soft Costs (design, permits, and fees)$ 9,000,000 • Hard Costs (construction) $40,000,000 • Total Budget $49,000,000 The project is tracking to the following schedule: • Programming and Planning Summer 2021 - Fall 2022 City of South San Francisco Printed on 9/23/2022Page 1 of 5 powered by Legistar™185 File #:22-735 Agenda Date:9/28/2022 Version:1 Item #:12. • Design Documents Complete Early 2023 • Construction Start Summer 2023 • Opening Winter 2025 While the current schedule reflects construction starting approximately 5 months later than anticipated, mostly due to extra time spent on community engagement and design, the project team believes construction will take less than an initially projected, resulting in approximately three-month overall delay compared to the schedule shared in Fall 2021. Community Engagement City staff and the project design team, led by ELS, conducted a robust community engagement program from April through September 2022. Outreach to the community about workshops, focus groups, and project surveys were conducted through the Mayor’s weekly updates, citywide newsletters, and email newsletters from the Parks and Recreation Department, and to an e-mail list created for the project. A project website was also created and updated regularly:www.ssf.net/newpool <http://www.ssf.net/newpool>. Surveys:Three surveys were conducted by the design team, asking the community for opinions and preferences for a wide variety of Aquatic Center features. Over 200 responses were received from the community, informing the design team about: • Pool speed, temperature, and size • Locker rooms and pool deck • Swim lessons, and competition/sports • Senior and wellness programs • ADA/special needs programs • Connection to Orange Memorial Park • Sustainability (LEED/Cal Green) • Pool operations Focus Groups:City staff and the design team held focus group meetings with a variety of community groups, including the South San Francisco Aquatics Club, seniors, the Youth Commission, and a special focus group regarding a possible therapy pool. A separate veterans stakeholder group has been established to study the thoughtful and respectful relocation of the veteran’s memorial. Community Workshops: Three public Community Workshops were held and were well attended by a diversity of community members. These workshops included smaller breakout groups led by a member of the design team, and a general discussion of design concepts. These workshops were held on: • Workshop #1 - Saturday, April 9 • Workshop #2 - Saturday, April 30 • Workshop #3 - Saturday, June 25 Community Events:An update on the Aquatic Center progress, including displays on community engagement and design progress were included in community events including an Old Town event on May 21, Movie Night on July 15, and Swim Team Picnic on August 21. City of South San Francisco Printed on 9/23/2022Page 2 of 5 powered by Legistar™186 File #:22-735 Agenda Date:9/28/2022 Version:1 Item #:12. Project Reviews and Presentations:City Staff and the design team conducted review sessions with individual Parks and Recreation Commissioners and City Council Members to provide updates on the project. A project update was given to the Parks and Recreation Commission on August 16. Conceptual Design Process The existing Orange Pool has six swimming lanes in a traditional indoor pool. The community engagement process identified significant issues with the existing facility, which were closely examined by the design team during Conceptual Design: • Water temperature (too high, too low) • Program demand • Too small for competitions • Crowded locker rooms • COVID closure shut down all swimming • Does not attract/serve outdoor swimmers Schemes with indoor pools, outdoor pools, and both types of pools were explored. As the cost per lane for an indoor pool is $1.6 million, and $300,000 per lane for an outdoor pool, the design team found that the pool size could be maximized for the project budget by including both an indoor and outdoor pool. Further, the outdoor pool, while having a significant footprint, is estimated to be only 5% of the total project budget, due to the much lower per square foot construction costs associated with the unconditioned outdoor setting. For the same cost, if all indoors, the project team estimates only one to two additional indoor lanes could be added in lieu of the 10-lane outdoor option within the available budget. This concept also addressed the significant community concerns regarding pool temperature, by providing generously sized pools with two different temperatures. The indoor pool will be heated to 80-84 degrees and the outdoor pool heated to 78-80 degrees. Temperatures can be adjusted in the future to meet participant needs. Maximizing the total amount of pool size will also allow the City to double the amount of people who can be served by the new facility, including twice the number of participants in the learn-to-swim program. The current learn-to-swim program has a waiting list of over 600 individuals. Locker room facilities planned are well over twice the size of those in the existing Orange Pool and much more efficiently designed in order to better serve users. Community members and Parks and Recreation Commissioners raised concerns about an outdoor pool in the South San Francisco climate. The design team engaged a wind consultant, CPP, with significant experience in South San Francisco, to examine the project and historic wind conditions. CPP’s work also include sophisticated wind tunnel testing of a model of the new facility. The study found that the design of the new facility, which includes a glass and wood windscreen, greatly mitigates wind conditions, and will create a comfortable environment for use of the outdoor pool while also addressing security concerns shared by City Council. The Conceptual Design of the new Aquatic Center includes the following program: • Indoor pool with 6 (25-yard) lap lanes and beach entry • Outdoor pool with 10 (25-yard x 25-meter) lap lanes • Two sets of locker rooms for each pool • Three individual family locker rooms City of South San Francisco Printed on 9/23/2022Page 3 of 5 powered by Legistar™187 File #:22-735 Agenda Date:9/28/2022 Version:1 Item #:12. • Activity room (26’ x 32’) • Pool equipment storage • Mechanical equipment rooms • Lobby and circulation space • Drop-off and ADA parking • Landscaping integrated with Orange Memorial Park • Relocation of the veteran’s memorial While a multi-purpose room and an all-electric mechanical system are not within the current project budget, they will be designed and included as add alternates when the project goes out to bid. Environmental Review As the entity responsible for carrying out the proposed project, the City is also responsible for examining the environmental effects of the proposed project and determining the environmental analysis required for the project to evaluate any impacts. In reviewing the current circumstances and proposed work, City staff anticipates that the proposed project would be categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15302, as a Class 2 “Replacement or Reconstruction” project. The exemption under Section 15302 applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. In this case, the project is proposing to replace the existing Orange Pool with an indoor and outdoor pool, both of which will continue to serve as community swim facilities at the park. The new pools will also have associated parking lot, locker rooms, activity room and administrative facilities substantially similar to the facilities associated with the existing pool, where the new pools and facilities will be located on the same park site as the existing pool and its facilities. While the new pools do increase capacity by providing additional swim lanes and activity room to accommodate more community users, this increase is intended to address overcrowding and unmet demands issues for the existing pool facilities. With the construction of the new pools, a portion of the existing soccer field at the park site will also be demolished and thereby balancing the number of overall facilities users at the park location. Additionally, since the proposed location for the new pools are currently already being used as sports facilities (pool and soccer field), the proposed construction is not anticipated to produce additional or different impacts from those of the existing facilities. As the proposed project moves forward with final design, City staff will continue to evaluate issues such as noise, traffic, lighting and reflective sources, and other environmental factors to determine whether the project would result in significant environmental impacts. Such evaluation would allow the City to confirm whether the proposed project would be categorically exempt under CEQA, or whether additional environmental analysis would be required. If the approach and amenities presented in this report meet with City Council approval, the design team will move into the schematic design phase. Cost estimates will be refined, and the team will endeavor to maximize pool features wherever possible. Staff will keep City Council apprised as design refinements are made. FISCAL IMPACT This project is included in the City of South San Francisco’s Fiscal Year 2022-23 Capital Improvement Program with $49 million from bond sales (fund 524). City of South San Francisco Printed on 9/23/2022Page 4 of 5 powered by Legistar™188 File #:22-735 Agenda Date:9/28/2022 Version:1 Item #:12. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan. It aligns with Priority #2, which is focused on enhancing quality of life by building and maintaining a sustainable city, making the city a great place to live, learn and play. CONCLUSION Staff recommends that the City Council review the Conceptual Design of the Orange Memorial Park Aquatic Center Project (Project No. pk2310), and authorize staff to move forward with schematic design. City of South San Francisco Printed on 9/23/2022Page 5 of 5 powered by Legistar™189 OrangeMemorialParkAquaticCenterCityCouncilMeetingSeptember28,2022ConceptDesignPresentation190 2CURRENTORANGEPOOLChallenges•WaterTemperature•ProgramDemand•TooSmallforCompetitions•CrowdedLockerRooms•COVIDClosures•DoesNoteAttract/ServeOutdoorSwimmers191 2017FEASIBILITYSTUDY192 4P2021 SITEOPTIONSTUDY193 •Construct a new 26,000 sf facility•Twopools•CoolͲwater lap pool•WarmͲwaterteaching/recreationpool•ActivityRoom•Swimmer'sLounge•Maintainoperationofexisting poolthroughoutconstruction of the new pool facilityPROJECTSCOPE(PRESENTEDIN2021)194 6COMMUNITYENGAGEMENT195 196 PREFERREDCONCEPT–SITEPLANREFINEDAUGUST8,2022197 OrangePoolTodayWaterArea=3,150sf6LanesTheNewOrangeAquaticCenterWaterArea=11,825sf17lanes10LanesHeated78–80Degrees7LanesHeated80–84Degrees6Lanes198 LEARNTOSWIMPROGRAMPARTICIPANTSSERVED 1280PARTICIPANTCOUNT 656MOREINCREASEOVEREXISTINGPOOL%INCREASEOVEREXISTINGPOOL 105% 199 PREFERREDCONCEPT–SITEPLANREFINED200 MODELINTHEWINDTUNNEL12’–0”201 WINDSCREENWITHSOLIDBASE+POROUSTOP(WITHMPR)NEWAQUATICCENTERFERNEKESBUILDING202 203 204 205 206 207 208 209 210 211 212 xCommunityWorkshop1April9,2022 CompletedGalleryWalkxCommunityWorkshop#2 April30,2022 Completed3InitialProgrammingAlternativesandConceptsxCommunityWorkshop#3 June25,2022 CompletedPreferredProgrammingandConceptDirectionxSouthSanFranciscoParkandRecreationCommission August16,2022 CompletedxSouthSanFranciscoCityCouncilPresentation` September28,2022xDesignDocumentsComplete Spring2023xConstructionStart Summer2023xSPLASH Winter2025The New Orange Pool213 Thankyou!214 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-807 Agenda Date:9/28/2022 Version:1 Item #:13. Report regarding adoption of a resolution supporting the reopening of the Mack E. Mickelson warm water therapy pool.(Christina Fernandez, Assistant to the City Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution supporting the reopening of the Mack E. Mickelson warm water therapy pool. BACKGROUND/DISCUSSION Warm water therapy pools are not recreational pools and are specifically designed for disabled individuals to exercise safely. Therapeutic warm water temperatures are between 92 and 95 degrees and are compliant with the American with Disabilities Act (ADA). Therapy pools require many amenities, many of which distinguish them from recreational pools: Several spacious unisex dressing rooms, to allow caregivers to aid in dressing and undressing patrons with disabilities. Non-skid floor surfaces are prevalent in dressing rooms, restrooms, showers, and therapy pool deck areas. Therapy pool access via steps with handrails, ramp with handrail and/or pool chair lift/Hoyer lift for safe entry and exit. Square bottom or nearly square bottom edge where the floor meets the therapy pool side walls to allow for proper balance while performing supported standing exercises. Grab rails along the therapy pool edge at or just below water level for safety and balance in entry and shallow areas, as well as on all ramps and stairs into the pool. Appropriate depths for prescribed needs, ranging from 3.5 to 6 feet. Licensed therapy pool operator/manager with the appropriate credentials as designated by the state or national codes. Very warm air temperature maintained for patrons. Numerous easily accessible showers for rinsing off prior to entering the therapy pool. Decking immediately around the therapy pool wide enough for walker/wheelchair bound users or those on crutches to pass each other safely. Poolside seating available for the use of caregivers. Certified and specially trained lifeguards on duty at the therapy pool. City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™215 File #:22-807 Agenda Date:9/28/2022 Version:1 Item #:13. Convenient facility parking near the therapy pool area with a path wide enough for walker/wheelchair -bound clients or any person with special needs to easily access the facility. Mack E. Mickelson Therapy Pool The Mack E. Mickelson therapy pool is located in the Mack E. Mickelson Arthritis and Rehabilitation Center at Mills Health Center in San Mateo. It is the only warm water therapy pool on the Peninsula outside of San Francisco, and patrons come from all over San Mateo County. The therapy pool served as a resource for chronic pain management and rehabilitation for seniors, disable individuals, patients recovering from surgeries, children with special needs, and pregnant women. Physical therapists with specialized aquatics training worked with insurance backed patients two or three afternoons each week, including a pediatric program. There are no other fully accessible ADA compliant rehabilitation pools on the Peninsula with the same amenities. In March of 2020, the Mickelson therapy pool was closed because of the San Mateo COVID-19 shelter-in-place county directive. The pool remains closed. There has been growing support within the San Mateo County Community advocating and recognizing the importance in calling for the pool's reopening. Over 4,300 patients, caregivers, and community members have signed a petition to reopen Mickelson in order to increase the health, independence, and dignity of residents who rely upon it. Legislature at the County level has also supported the initiative with Speaker Pro Tempore Kevin Mullin and Senator Josh Becker having written letters to Sutter Health asking for their commitment to find a solution. The San Mateo County Board of Supervisors and the Sequoia Healthcare District have both passed resolutions calling for the pool's reopening. The cities of Belmont, Burlingame, Colma, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica and San Mateo have passed resolutions in support of reopening the Mickelson therapy pool. The Mack E. Mickelson therapy pool is the only one of its kind in San Mateo County. Given the critical importance of providing rehabilitation and chronic pain management to our most vulnerable residents, staff recommends City Council support of the reopening of the pool. FISCAL IMPACT There is no known fiscal impact to supporting this resolution. RELATIONSHIP TO STRATEGIC PLAN Support of this resolution meets the city’s strategic goals of providing a high quality of life for all residents. CONCLUSION It is recommended that the City Council adopt a resolution supporting the reopening of the Mack E. Mickelson warm water therapy pool. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™216 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-816 Agenda Date:9/28/2022 Version:1 Item #:13a. Resolution supporting the reopening of the Mack E. Michelson Arthritis and Rehabilitation Center Therapy Pool at the Mills Health Center in San Mateo WHEREAS,the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool is an Americans With Disabilities Act- -accessible warm water therapy pool operated by Sutter Health and located at the Mills Health Center, in San Mateo, California; and WHEREAS,the Mickelson Therapy Pool has been used for over 25 years by thousands of residents of San Mateo County who suffer from a broad range of health issues, including permanent disabilities, debilitating injuries, autoimmune disorders, and mobility impairments, to rehabilitate those health issues and mitigate physical decline; and WHEREAS,Mickelson Therapy Pool has historically provided both preventative and interventionist therapies to residents of San Mateo County suffering from health issues; and WHEREAS,Mickelson Therapy Pool is the only pool of its kind in San Mateo County, and there are no comparable warm water therapy pools that can adequately accommodate the residents of San Mateo County who previously relied upon Mickelson Therapy Pool and who are now suffering from acute and chronic physical pain and mental anguish without it; and WHEREAS, in spite of the critical need for the facility, in June 2021, Sutter Health announced that it would permanently close the Mickelson Therapy Pool to independent use by patrons and closing Mickelson removes a valuable healthcare resource for people to assist them in daily activities; and WHEREAS,over 4,300 patients, caregivers, and community members have signed a petition to reopen City of South San Francisco Printed on 9/29/2022Page 1 of 2 powered by Legistar™217 File #:22-816 Agenda Date:9/28/2022 Version:1 Item #:13a. the Mickelson Therapy Pool in order to increase the health, independence, and dignity of residents who rely upon it; and WHEREAS, Sutter Health, its subsidiaries and affiliated entities receive significant financial benefits from their operations in San Mateo County and this City Council is aware that warm water therapy pools in the region are able to operate profitably and safely, including under COVID-19 protocols; and WHEREAS, in light of the foregoing, this City Council believes that Sutter Health should be called upon to reopen the Mickelson Therapy Pool and to maintain the same open access hours that were in place prior to January 2020. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of South San Francisco recognizes that promptly reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use would preserve and improve the health of residents in San Mateo County who have historically relied upon it or who could benefit from warm water therapy to maintain their health, independence, and dignity. * * * * * City of South San Francisco Printed on 9/29/2022Page 2 of 2 powered by Legistar™218 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-817 Agenda Date:9/28/2022 Version:1 Item #:14. Report requesting authorization to accept one full-time Climate Corps AmeriCorps Fellow to support the Every Kid Deserves a Bike Program (EKDAB).(Tamiko Huey, Management Analyst II) RECOMMENDATION It is recommended that the City Council authorize the acceptance of one full-time Climate Corps AmeriCorps Fellow shared with the San Mateo County Office of Education, Safe Routes to School Program through the Bay Area Community Resources (BACR) to support the Every Kid Deserves a Bike Program (EKDAB) and other related transportation safety projects. BACKGROUND/DISCUSSION The Climate Corps AmeriCorps (“CCAC”) program is a specialized track in the Climate Corps Fellowship program that uses AmeriCorps funding to serve environmentally and economically underserved communities across California. This program provides municipalities and nonprofits with cost-effective, high-quality Fellows that advance sustainability programs relating to resource reduction, K-12 education, and community outreach. The fellowship is a program of Bay Area Community Resources in collaboration with Strategic Energy Innovations. On June 13, 2022, the South San Francisco City Manager’s Office and San Mateo County Office of Education Safe Routes to School team submitted a joint application to BACR to hire one full-time position split between the two agencies to support transportation safety in South San Francisco. The City and County are responsible for covering the cost for this position, amounting to $14,000 each respectively. The Fellow’s term is one-year spanning from October 2022 until August 31, 2023. The Fellow’s primary goal is to support the Every Kid Deserves a Bike (EKDAB) program. However, the Fellow’s scope of work also includes, but not limited to, educational outreach, organizing encouragement events such as Bike Month, serving as a liaison between the City and South San Francisco elementary schools and after-school programs, and other administrative duties as needed. EKDAB was piloted in May 2022 and provided 150 bicycles, helmets, and locks to fourth graders at Spruce Elementary School and fifth graders at Martin Elementary School. In addition to receiving a brand-new bike, they were readjusted on-site for their height through the BikeMobile. Students also received a helmet fitted to each student’s head size by San Mateo County’s Safe Routes to school staff and South San Francisco CERT volunteers. Following the helmet fitting, students registered their bikes on-site through the South San Francisco Police Department. Lastly, the students each received a bike lock from the City, and the County’s “Bike Rodeo" administered bicycle safety classes and training. This program was awarded the Program of the Year Award from the Silicon Valley Bike Coalition on August 18, 2022. Given the success of the program, EKDAB will be expanded in 2023. This program’s expansion requires additional planning and staff support which will be accomplished through the acceptance of this Fellow. City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™219 File #:22-817 Agenda Date:9/28/2022 Version:1 Item #:14. The fellow will work 20 hours in South San Francisco and 20 hours with the County and will be located at 235 Grand Ave, South San Francisco. FISCAL IMPACT The cost for one-full time AmeriCorps Fellow shared between the City and San Mateo County is $28,000, with the City responsible for the amount of $14,000 and San Mateo County responsible for the remaining $14,000. The amount of $14,000 from the City will be covered by the City Manager’s office. RELATIONSHIP TO STRATEGIC PLAN Strengthening programs that support health, education, and social services outreach through a racial and social equity lens is embedded in the City’s Strategic Plan under #3 Quality of Life and #6 Community Connections. CONCLUSION Approval of these resources will enable the City Manager’s Office to continue to support, strengthen, and expand the Every Kid Deserves a Bike Program. It is recommended that the City Council authorize the acceptance of one full-time Climate Corps AmeriCorps Fellow shared with the San Mateo County Office of Education, Safe Routes to School Program through the Bay Area Community Resources (BACR) to support the Every Kid Deserves a Bike Program (EKDAB) and other related transportation safety projects. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™220 Memorandum of Understandingbetween Bay Area Community Resources and City of South San Francisco Regarding Climate Corps AmeriCorps September 1, 2022 –August 31, 2023 This MEMORANDUM OF UNDERSTANDING (“Agreement”)is hereby made and entered into by and between Bay Area Community Resources (“BACR”)and City of South San Francisco (“City”),collectively the “Parties.” ARTICLE I –OVERVIEW BACR is collaborating with public and nonprofit organizations across the state of California to recruit, train, and place Climate Corps AmeriCorps Fellows (“Fellows”)at public and nonprofit organizations, where they will support greenhouse gas reduction programs or other sustainability projects, such as implementing programs that save energy, water, or waste; educating students in classrooms or online; developing Greenhouse Gas Inventories, Climate Action Plans, and other capacity-building documents; and outreach to raise community engagement. Fellows will ideally devote an average minimum of 24 hours per week to directly working on emissions, water, waste, or energy reduction projects. The Climate Corps AmeriCorps (“CCAC”) program is a specialized track in the Climate Corps Fellowship program that uses AmeriCorps funding to serve environmentally and economically underserved communities across California. This program provides municipalities and nonprofits with cost-effective, high-quality Fellows that advance sustainability programs relating to resource reduction, K-12 education,and community outreach. The fellowship is a program of Bay Area Community Resources in collaboration with Strategic Energy Innovations. ARTICLE II –PROJECT OBJECTIVES The objectives of the program are as follows: x City will report measurable reductions in greenhouse gas emissions (“GHGs”), increased efficiency of energy usage, increases in conservation of water, and/or reductions in waste by the end of this placement. x Climate Corps AmeriCorps Fellows (“Fellows”)may support the City through efforts in community outreach, capacity building climate resiliency projects, and K-12 youth education. x Fellows will be able to develop a practical skill set and expertise in the realm of climate change management at the community level. x City communities will be able to increase community participation towards further GHG reductions through volunteer opportunities that are created and/or increased through the participation of the Fellow. 221 x The Parties will work together to promote the partnership, and its benefits to the Projects and community at large. ARTICLE III –TERM OF AGREEMENT This Agreement will become effective as soon as September 1, 2022, but no later than October 3, 2022 (“Effective Date”) and shall continue in full force and effect through August 31, 2023 unless terminated earlier pursuant to Article VII of this Agreement. The Fellows’ term of service with the City is for a period of eleven (11) months. While working for the City, the Fellow(s) will complete a minimum of 1,700 hours total to receive an end-of- program Segal Education Award of $6,495.00 and a California for All Education Award of $3,505.00. Fellow(s) will devote 80-90% of their time (1,360-1,530 hours) to “Service” (projects agreed upon with the City and detailed in the scope of work) and 10-20% of their time (170-340 hours) to “Training” (structured and independent professional development opportunities including mandatory Climate Corps AmeriCorps events). No more than 20% of time will be spend on “Training”. If a Fellow is unable to complete the expected number of hours by the end date in the Fello ws’ contract (i.e., Member Service Agreement) due to any unforeseen circumstances during their term, they may, at the discretion of BACR and the City, be allowed time to complete their hours at the City, or at another approved host agency where there are service opportunities available. The last day Fellows are eligible to earn hours for the 2022-2023 program year will be A ugust 31, 2023. ARTICLE IV –CCAC FELLOWS ARE NOT EMPLOYEES CCAC Fellows are not employees of BACR, the City or the federal government because they qualify for special treatment under the National and Community Service Act of 1990 (“NCSA”).1 As such, BACR and City mutually agree that they, neither individually nor collectively, intend to create an employment relationship with Fellow, and each agrees not to make statements or otherwise act in a way that suggests such a relationship exists. BACR understands that Fellow shall not be entitled to any benefits made available to City’s employees, including, but not limited to: group health insurance (including dental, vision, and any other enhancements from time to time), disability insurance, group term life in surance, workers’ compensation, or participation in any retirement plan for City’s employees.This provision shall survive the expiration or other termination of this Agreement. 1 The definition of “participant” in the National and Community Service Act of 1990 as amended applies to AmeriCorps members: “participant shall not be considered to be an employee of the organization receiving assistance under the national service laws through which the participant is engaging in service” (42 U.S.C. § 12511(30)(B)). However, for the limited purposes of the Family and Medical Leave Act of 1993, the member may be considered an eligible employee of the project sponsor (45 CFR 2540.220(b)). 222 ARTICLE V –ROLES & RESPONSIBILITIES A. Bay Area Community Resources agrees to: 1. Be the official employer-of-record for the Climate Corps AmeriCorps Fellow. 2. Pay the Fellow a living stipend of $2,636.00 per monthand provide coverage options for healthcare, childcare, and student loan deferment. 3. Recruit, screen, and select a Climate Corps AmeriCorps Fellow for a commitment of 1,700 hours over a period of eleven (11) months. City will assist in the recruitment and selection of the Fellow, including, without limitation, developing a position description, conducting interviews, and participating in the final selection of the Fellow. The Fellow must be a permanent resident of California by the time required background checks are conducted before the start of the Fellowship. 4. Train and support theFellow with a comprehensive training program that includes a training manual, a week-long orientation led by an array of experts, monthly trainings, a mid-year retreat, supervision meetings, and two performance reviews. 5. Assign a Regional Supervisor to the Citywhose main function is to support both the City and the Fellow during the term of service through monthly check-in meetings, email support, professional development resources, and conflict resolution, if necessary. 6. Work with the City to develop a specific scope of work plan for the Fellow that aligns with the GHG reduction initiatives provided by City within the first month of service. 7. Define and develop metrics for the Fellow to measure and track the progress of resource waste reduction, K-12 education, capacity building, and/or community outreach throughout the placement. 8.Define and implement corrections to the Fellow’s plan determined to be necessary based on feedback collected from the Fellow and the City. B. The City agrees to: 1. Assist in the recruitment and selection of Fellow, including developing a position description, conducting interviews, and participating in the final selection. 2. Provide at least one specific GHG reduction initiative that the Fellow can work on during their term of service. Initiatives must be well-defined, approved by the City for implementation, and include specific emissions, water, waste, or energy reduction, and/or education, community outreach, or capacity-building targets, or have the potential to have specifically defined reduct ion targets in place by the end of the Fellow’s term of service . The City will work with BACR to finalize a mutually agreed-upon scope of work no later than one (1) month after the Fellow begins work. 3. Assign a Site Supervisor who will be available to devote at least four (4) hours per month of one-on-one time with the Fellow. The Site Supervisor will be available to support the Fellow and provide specific guidance and tasks as they complete their projects. 4. Complete monthly reporting to BACR in Regional Supervisor check-in meetings, indicating whether progress is being made on the initiatives. 5.Provide feedback on program’s effectiveness two times a year,including submission of an evaluation form providing feedback on the Fellow ’s workperformance and data on specific resource or GHG reduction metrics. 223 6. Attend or send a representative to the Partner Orientation and Mid-Year Call (via webinar). 7. Allow BACR to share results from this program through grant reporting and other means as BACR deems appropriate, provided that BACR first shares the results with the City before releasing the results to any third parties. 8. Ensure that Fellows do not do the following while charging time to the CCAC Program, accumulating service or training hours, or otherwise performing activities supported by the CCAC Program: a. Engage in any activity that is illegal under local, state or federal law; b. Engage in activities that pose a significant safety risk to others; c. Engage in any of the Prohibited Activities outlined in the Policies & Procedures handbook, including, but not limited to: Attempting to influence legislation; Organizing or engaging in protests, petitions, boycotts, or strikes; Assisting, promoting, or deterring union organizing; Impairing existing contracts for services or collective bargaining agreements; Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; Providing a direct benefit to a business organized for profit; a labor union; a partisan political organization; or a nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging advocacy activities undertaken at their own initiative; and An organization engaged in the religious activities described in paragraph (g) of this section, unless AmeriCorps assistance is not used to support those religious activities; Conducting a voter registration drive or using AmeriCorps-funded time to conduct a voter registration drive; Providing abortion services or referrals for receipt of such services; and Such other activities as the AmeriCorps may prohibit. d. AmeriCorps members may support fundraising and resource-gathering for direct support of their program's service activities, but with restrictions: Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: 224 Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; Support research and writing of a grant proposal to a foundation to secure resources to support the training of volunteers; Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization; Seeking donations from alumni of the program for specific service projects being performed by current members. AmeriCorps members may not: Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; Write a grant application to the Corporation or to any other Federal agency. Spend more than 10% of their term of service performing fundraising activities. e. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non- AmeriCorps funds. 9. Support and encourage the promotion of National Service through the following: a. Posting AmeriCorps and National Service information at all service sites b. Posting a list of the above Prohibited Activities at all service sites c. HoldingFellows accountable for wearing appropriate uniforms or AmeriCorps pin as required by BACR d. Authorizing Fellows to leave the program site to participate in pre-arranged National Service identity activities and monthly training days. e. Authorizing Fellows to spend up to a maximum of 20% of their total hours on thematic professional development activities (including regular monthly programmatic training days). 10. Consider providing program-wide support by either a. Facilitating at least one (1) all-day training event for all Fellows or, b. Speaking during a session at one (1) all-day training event for all Fellows ARTICLE VI –PAYMENT The City will provide BACR with fourteen t housand dollars and no cents ($14,000) per Fellow, and requests one (1) Fellow for the 2022-2023 program year for a total payment amount of $14,000 to support the implementation of the program. The Citywill receive invoices one month prior to the scheduled payment date. This payment will be made according to the following schedule: x Payment 1: o Due: November 30, 2022 o Amount: $7,000 225 x Payment 2: o Due: January 31, 2023 o Amount: $3,500 x Payment 3: o Due: March 31, 2023 o Amount: $3,500 ARTICLE VII –FELLOW RECRUITMENT, HIRING, AND TERMINATION It is mutually agreed upon by all Parties to this Agreement that: x If the City ultimately fails to select a Fellow, City will pay BACR a $2,500 fee (included in the total cost) for the recruiting effort promptly following receipt of an invoice from BACR. x The Parties will explore reasonable next steps for recruitment in the event that BACR is unable to place a qualified Fellow at the City by the final possible start date. Next steps include a shorter term of service with corresponding lower payment amount (dependent on availability), post ponement to future term of service, or whatever solution is deemed most beneficial to the Parties. x Inthe event that a Fellow is hired to begin after the start of the program, the full match will still be required. All full-time Fellows receive the same benefits and are expected to finish the term of service regardless of their start date so the cost remains the same. x City agrees to not hire the Fellow as a full-time employee until and unless the Fellow completes their entire term of service described in this Agreement. If the City hires the Fellow before the end of the program year, Cityis subject to a $2,500 fine for the time and resources spent on recruiting, training, and supporting the Fellow. BACR agrees to recruit another Fellow to complete the term of service if the City desires, in which case the City must still pay BACR for the services described in this Agreement and according to the payment schedule outlined in Section VI (Payment). In the event that the Citydoes not desire a replacement Fellow, effectively ending the term of service, the City is subject to a $2,500 fine for exiting the contract before the agreed upon end date and a $2,500 fine for the time and resources spent on recruiting and training the Fellow, amounting to a total fine of $5,000. The Citywill not be reimbursed for payments already made to BACR. x In the event that a Fellow leaves the program for any reason aside from being hired as a full-time employee of the City, prior to the end date in the Fellow’s contract (i.e. Member Service Agreement), a pro-rated amount will be issued for match funds up until April 30, 2023. Pro-rated amounts are determined by the following equation: Total partner match divided by number of total stipend payments planned for the Fellow multiplied by actual number of stipend payments distributed. The match is used throughout the year for Fellow stipends, benefits, training, and programmatic costs; all Agency match funds will have been absorbed by the program by the April 30, 2023 deadline so no pro-rated amount will be issued after that date. If the Fellow has f ound new employment outside of the Fellowship after leaving the program prior to April 30, 2023, the pro-rated match funds amount will be adjusted to be issued up until the Fellow’s start date at their new employer. 226 ARTICLE VIII –MODIFICATION It is mutually agreed by all Parties to this Agreement that: x The Parties will review the effectiveness of the Agreement after each participating year and evaluate potential modifications that more adequately address the purpose of this Agreement. x In the event that a Party no longer approves implementation of any of the provisions referenced in this Agreement, the individual Parties agree to promptly confer to determine what, if any, modifications to this Agreement should be made to address the issue(s) of concern. x In the event that a Party no longer desires to be a part of this Agreement or any modification(s), then the individual Party in their sole discretion may terminate their relationship within this Agreement. Written notice must be provided by the Party desiring to withdraw from the Agreement at least thirty (30) days prior to termination. x In the event that a Party no longer approves implementation of any of the provisions referenced in this Agreement, the individual Parties agree to promptly confer to determine what, if any, modifications to this Agreement should be made to address the issue(s) of concern. This Agreement may be amended by mutual agreement of the parties. Such amendments shall only be effective if incorporated in written amendments to this Agreement and executed by duly authorized representatives of the Parties. ARTICLE IX –LIABILITY Each Party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other Party and the results thereof. Each Party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operation of its agents or employees under this Agreement. The City’s liability shall be governed by the provisions of the California Government Claims Act, which applies to public entities such as state, county, and local government agencies or departments, as well as to government employees.2 ARTICLE X –INDEMNIFICATION BACR shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City of South San Francisco and its officials, commissioners, officers, employees, agents, and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of BACR. BACR shall bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such claims, whether directly or indirectly (“Liabilities”). BACR shall also to the fullest extent allowed by 2 Cal. Gov’t Code §§ 810 –996.6 (1963). 227 law, indemnify and defend the City from all liabilities resulting from a determination by CalPERS that the Fellow is an employee of the City and required to be enrolled in the retirement system. Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City. ARTICLE XI –INSURANCE BACR agrees to procure and maintain for the duration of this Agreement insurance against claims for which BACR has indemnified the City pursuant to Article X of this Agreement: BACR shall maintain: (1) commercial general liability insurance with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury and property damage which may arise from or in connection with the performance of BACR’s Services hereunder or from or out of any act or omission of BACR, its officers, directors, agents, subcontractors or employees; (2) worker’s compensation insurance as required by law; and (3) hired and non-owned auto insurance with minimum limits of $1,000,000 for each accident. Each insurance policy shall name the City as an additional insured and it shall be endorsed to state that: (1) coverage shall not be suspended, voided, or cancelled by either party, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to City; and (2) for any covered claims, the BACR’s insurance coverage shall be primary insurance as respects the City and any insurance or self- insurance maintained by the City shall be in excess of the BACR’s insurance and shall not contribute with it. The insurance required to be provided herein, shall be procured by an insurance company approved by City, which approval shall not be unreasonably withheld. If requested, BACR shall provide a certificate of said insurance and an additional insured endorsement to the City within ten (10) days of the execution of this Agreement. ARTICLE XII –KEY OFFICIALS The individuals listed below are identified as key personnel considered essential to the project being performed under this Agreement: For BACR: Job Title: Director of National Service Name: Adolfo Rivera Address: 11175 San Pablo Ave, El Cerrito, CA 94530 Phone Contact: (510) 559-5550 Email Contact: arivera@bayac.org For City: Job Title: Management Analyst II Name: Tamiko Huey Address: 400 Grand Ave, South San Francisco, CA 94080 Phone Number: 650-515-9792 Email Contact: tamiko.huey@ssf.net 228 No change in key officials will be made by either BACR or the City wit hout written notification in advance of the proposed change, which include an explanation with sufficient detail to permit assessment of the impact on the Fellow’s scope of work. ARTICLE XIII –APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Agreement. ARTICLE XIV –COUNTERPARTS This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 229 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. BAY AREA COMMUNITY RESOURCES By:___________________________________ Adolfo Rivera Date Director of National Service CITY OF SOUTH SAN FRANCISCO By:___________________________________ ______________________ Mike Futrell Date City Manager APPROVED AS TO FORM By:___________________________________ ______________________ Sky Woodruff Date City Attorney ATTEST By: ___________________________________ _______________________ Rosa Govea Acosta Date City Clerk 5147724.2 _________________ 230 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-798 Agenda Date:9/28/2022 Version:1 Item #:15. Report regarding a resolution to approve a successor Memorandum of Understanding between the City and International Association of Firefighters (IAFF) Local 1507 and approving budget amendment number 23.018, and a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City and International Union of Operating Engineers (IUOE) Local 39, and approving budget amendment number 23.019 (Leah Lockhart, Human Resources Director) RECOMMENDATION 1. Adopt a resolution approving a successor Memorandum of Understanding between the City and International Association of Firefighters (IAFF) Local 1507 for the term of July 1, 2022 - June 30, 2025 and approving budget amendment number 23.018, 2. Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City and International Union of Operating Engineers (IUOE) Local 39 for July 1, 2022 - June 30, 2025 and approving budget amendment number 23.019. BACKGROUND/DISCUSSION The City’s regular full-time workforce is organized into six (6) represented bargaining units, as well as the unrepresented Public Safety Managers Unit and Executive Management Unit. In accordance with the Meyers- Milias-Brown Act (MMBA), the City negotiates agreements with each unit over wages, hours, and other terms and conditions of employment, and such agreements are memorialized in a Memorandum of Understanding (MOU) over a specified term. In January, 2022, City Council authorized staff to begin negotiations with each employee bargaining unit for successor MOUs, as the current MOUs were scheduled to expire as of June 30, 2022. Successor MOU for International Association of Firefighters (IAFF) Local 1507 IAFF Local 1507 represents approximately seventy-two (72) sworn fire department personnel, including Paramedic Firefighters, Fire Apparatus Engineers, Fire Captains and Fire Safety Inspectors. The City’s negotiation team met with representatives of IAFF and held several meetings over a period of approximately six months, reaching a tentative agreement on September 1, 2022. The tentative agreement was subsequently ratified by IAFF membership on September 16, 2022. The proposed successor MOU would be effective for a three-year term, from July 1, 2022 to June 30, 2025, and contains the following provisions for compensation and other employment terms: Wage Adjustments Effective the first full pay period following Council approval of the Agreement, an across-the-board increase of six percent (6%). Effective the first full pay period of July, 2023, an across-the-board increase of four percent (4%). Effective the first full pay period of July, 2024, an across-the-board increase of three percent (3%). City of South San Francisco Printed on 9/23/2022Page 1 of 3 powered by Legistar™231 File #:22-798 Agenda Date:9/28/2022 Version:1 Item #:15. Market Equity Adjustments Staff conducted a City-wide total compensation study for the purposes of ensuring that the City’s compensation package remains competitive with respect to other Bay Area cities of similar size and with comparable services. As a result of this study, the MOU includes market equity adjustments for classifications falling below the sixtieth (60 th) percentile of the market, based on nine (9) benchmark cities. Based on the results of this study, the classification of Fire Captain will receive a market equity adjustment of two percent (2%). One-time payment The wage provisions of the MOU do not apply retroactively. Instead, the MOU provides for one-time payment equivalent to six percent (6%) of wages for the period of July 8, 2022 through September 29, 2022. This payment will be made no later than December 1, 2022. Holiday Pay The MOU adds Juneteenth (June 19) to the list of recognized City holidays starting 2023, subject to Council resolution declaring a City holiday. Fire personnel who work continuous schedules without regard to holidays will receive additional pay in the amount of 5.5% of the employee’s base hourly rate in lieu of holiday time off. Technical Rescue Pay and SCBA Technician Pay Currently, Fire personnel who are State-certified in rescue systems and meet departmental training requirements are assigned to the Fire Department’s technical rescue team. Currently, employees receive fifty dollars ($50) per two-week pay period when assigned to the technical rescue team. The MOU increases this amount two to two percent (2%) of the employee’s base hourly rate. In addition, personnel who are certified and assigned as SCBA (Self-Contained Breathing Apparatus) technicians for the department will receive two percent (2%) in additional compensation for this assignment, due to the time, skill, training, and level of responsibility involved. Education Reimbursement The MOU increases the maximum education reimbursement amount from $2,000 annually to $5,000 annually. The City pays fifty percent (50%) of tuition and related costs, up to the annual maximum. Uniform Allowance Uniform allowance is increased from $1,100 annually to $1,200 to account for cost increases. Side-Letter Agreement with International Union of Operating Engineers (IUOE) Local 39 In June 2022, the City reached agreement with IUOE Local 39 for a successor MOU. This agreement was approved by Council on June 22, 2022. Shortly thereafter, based on recent reports of further rising inflation and upon review of the City’s current financial condition, City Council authorized staff to negotiate an across-the- board increase of up to six percent (6%) in 2022 and four percent (4%) for 2023 with the City’s employee bargaining units. However, as negotiations with IUOE had already closed, the approved MOU did not include these increased across-the-board adjustments. With Council authorization, staff offered to reopen negotiations on the limited subject of wages in order to bring the wage adjustments for in line with other units. The side letter provides for those amendments to the MOU, as well as a one-time payment in lieu of retroactive wage adjustments. In addition, in order to resolve a disagreement over minor differences in calculation methods, the side letter agreement adjusts the market equity adjustments by rounding to the nearest one-half percent (0.5%), as had been agreed to with some other groups. The market equity adjustment for the classifications of Laboratory Chemist and Senior Laboratory Chemist is increased from 3.75% to 4%, and Plant Electrician I/II City of South San Francisco Printed on 9/23/2022Page 2 of 3 powered by Legistar™232 File #:22-798 Agenda Date:9/28/2022 Version:1 Item #:15. from 0.9% to 1%. FISCAL IMPACT The Fiscal Year 2022-2023 Operating Budget includes anticipated wage adjustments for positions represented by IAFF Local 1507. However, with higher-than-expected cost of living increases and market survey results, additional funds are required to cover the total cost of the salary and benefit package. The estimated total additional cost is $266,200 for fiscal year 2022-2023. Additional cost-of-living adjustment enhancements for IUOE Local 39 result in additional costs of $44,200 for fiscal year 2022-2023. Budget amendments 23.018 and 23.019 are included in the resolutions to adjust for these additional costs. RELATIONSHIP TO STRATEGIC PLAN This item supports the strategic initiative of Workforce Development and Fiscal Sustainability, ensuring that the City’s compensation plan remains competitive to attract and retain a high-quality workforce while ensuring that financial commitments are within the City’s means. CONCLUSION Staff recommends that City Council adopt a resolution to approve a successor MOU for IAFF Local 1507, providing for adjustments to wages and other terms and conditions for the period of July 1, 2022 - June 30, 2025 and to approve budget amendment number 23.018. Staff further recommends that City Council Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City and International Union of Operating Engineers (IUOE) Local 39 for July 1, 2022 - June 30, 2025 and approving budget amendment number 23.019. City of South San Francisco Printed on 9/23/2022Page 3 of 3 powered by Legistar™233 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-799 Agenda Date:9/28/2022 Version:1 Item #:15a. Resolution to Approve a Successor Memorandum of Understanding between the City of South San Francisco and IAFF Local 1507 for July 1, 2022 - June 30, 2025 and Approving Budget Amendment number 23.018. WHEREAS, under direction of the City Council, appointed negotiators met and conferred with representatives of International Firefighters Association local 1507 (IAFF), and have reached tentative agreement over compensation and other terms and conditions of employment; and WHEREAS, the tentative agreement on compensation and other terms are memorialized in proposed Memorandum of Understanding (MOU) for the term of July 1, 2022-June 30, 2025; and WHEREAS, the MOU provides for a six percent (6%) across-the-board wage adjustment for all covered positions in the first year of the agreement, four percent (4%) wage adjustment in the second year of the agreement, three percent (3%) wage adjustment in the third year of the agreement and, additional market equity adjustments of two percent (2%) based on the results of a total compensation survey; and WHEREAS, the MOU provides for the inclusion of the Juneteenth as a City holiday, as well as enhancements to pay for special assignments, education reimbursement, and uniform allowance; and WHEREAS, staff recommends approval of the MOUs in order to provide wage adjustments to account for cost- of-living increases and labor market data of comparable positions in the San Francisco Bay area. NOW, THEREFORE, be it resolved by the City Council of the City of South San Francisco that the City Council hereby: 1. Approves the MOU between the City of South San Francisco and IAFF Local 1507 for July 1, 2022-June 30, 2025, attached hereto as Exhibit A; and 2. Authorizes the City Manager to execute the MOUs between the City and, and to make any minor revisions, amendments, or modifications deemed necessary to carry out the intent of this resolution and of the Agreement by the parties, which do not materially alter or increase the City’s obligations thereunder, and approved as to form by the City Attorney; and 3. Approves budget amendment 23.018 to adjust the Fiscal Year 2022-2023 Operating Budget to include $266,200 in additional employee costs. ***** City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™234 The City of SS o u t h San Francisco Memorandum of Understanding between the International Association of Firefighters, Local 1507 and the City of South San Francisco July 1, 2022 through June 30, 2025 235 Memorandum of Understanding between the International Association of Firefighters and the City of South San Francisco July 1, 2022 through June 30, 2025 Table of Contents (This index will be updated after final approval) Article Title Page 1 Preamble...............................................................................................................1 2 Union Rights........................................................................................................1 2.1 Recognition.................................................................................................1 2.2 Payroll Deduction........................................................................................1 2.3 Authorized Representatives ........................................................................1 2.3.1 Access ................................................................................................1 2.3.2 Union Business Time.........................................................................2 2.3.3 Release Time......................................................................................2 2.4 Use of City Facilities, Equipment, and Records.........................................2 2.4.1 Meeting Facilities...............................................................................2 2.4.1.1 Exceptions..............................................................................2 2.4.1.2 Denial and Prohibitions..........................................................2 2.4.2 Bulletin Boards ..................................................................................2 2.4.3 Union Reading Files...........................................................................2 2.4.4 Use of Department Equipment, Supplies, and Services.....................2 2.4.5 Access to City Records ......................................................................3 2.4.6 Access to Personnel Files...................................................................3 2.5 Copies of Memorandum of Understanding ................................................3 3 Non-discrimination ..............................................................................................3 4 Wages and Compensation....................................................................................3 4.1 Definitions...................................................................................................3 4.1.1 Base Pay.............................................................................................3 4.1.2 Enhanced Pay.....................................................................................3 4.2 Wages..........................................................................................................3 4.3 Classification and Compensation Study .....................................................4 4.4 Payment of Compensation..........................................................................4 4.4.1 Continuous Paid Regular Service ......................................................4 4.5 Time-in-Step ...............................................................................................4 4.6 Off-Salary-Schedule Incentive Payment.....................................................4 5 Special Compensation..........................................................................................5 5.1 Temporary Fire Captain Compensation......................................................5 236 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 3 Article Title Page 5.2 Temporary Battalion Chief Compensation .................................................5 5.3 Temporary Engineer Compensation ...........................................................5 5.4 Temporary Safety Inspector Assignment....................................................5 5.5 Emergency Medical Technician I Fire Service (EMT I FS) Instructor Assignment Compensation .........................................................................5 5.6 Emergency Medical Technician (EMT) Certification ................................5 5.6.1 Mandatory EMT Certification............................................................5 5.7 Paramedic Preceptor Compensation ...........................................................5 5.8 Technical Rescue Incentive Pay..................................................................6 5.9 Promotion to Captain..................................................................................6 5.10 Fire Apparatus Engineer Compensation .....................................................6 5.10.1 Promotion to Fire Apparatus Engineer...........................................6 5.10.1.1 Six-month Probationary Period ..........................................6 5.10.1.2 Twelve-month Probationary Period....................................6 5.10.2 Fire Apparatus Engineer Seniority.................................................6 5.10.3 “Y-rating” of Fire Apparatus Engineer Base Pay ...........................6 5.11 Service Incentive Pay..................................................................................6 5.12 Education Incentive Pay..............................................................................7 5.12.1 Associate’s or Bachelor’s Degree ...................................................7 5.12.2 Accredited Units..............................................................................7 5.13 Education Expense Reimbursement Program.............................................7 5.13.1 Qualifying for the Program.............................................................7 5.13.1.1 Deputy Chief Review and Department Head Approval......7 5.13.1.2 Reimbursement Request......................................................7 5.14 Bilingual Incentive Rate..............................................................................7 5.14.1 Testing and Compensation..............................................................7 5.14.2 Eligibility ........................................................................................7 5.14.3 Language Determination.................................................................8 5.14.4 Current Languages in Effect ...........................................................8 6 Assignments and 40-hour Classifications............................................................8 6.1 Assignment and Classifications..................................................................8 6.2 Salary...........................................................................................................8 6.3 Assignment Positions Shift Overtime.........................................................8 6.4 Leave Accrual .............................................................................................8 6.5 Leave Accrued and Taken...........................................................................8 6.5.1 Holidays .............................................................................................8 6.5.2 Bereavement Leave............................................................................8 6.5.3 Medical Appointment Leave..............................................................8 6.5.4 Sick Leave..........................................................................................8 6.5.5 Compensatory Time...........................................................................8 6.5.5.1 Taking Compensatory Time................................................9 6.5.6 Flexible Work Schedules...................................................................9 237 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 4 July 1, 2022 through June 30, 2025 Article Title Page 6.5.7 Vacation Leave...................................................................................9 6.6 Qualified Fire Investigator Standby Pay 9 6.6.1 Assignment 9 6.6.2 Amount 9 6.6.3 Standby employee Responsibility 9 6.6.4 Standby and Sick Leave 9 6.6.5 Standby and Call-in Pay 9 6.6.6 Standby Day 9 6.7 Qualified Fire Investigator Call-in Pay 9 6.7.1 Rate of Pay 9 6.7.2 Reporting pay Minimum 10 6.8 Safety Inspection Overtime Minimum 10 7 Uniforms ..............................................................................................................10 7.1 Uniform Allowance.....................................................................................10 7.1.1 Uniform Allowance Eligibility ..........................................................10 7.1.2 Uniform Allowance Amount .............................................................10 7.1.3 Uniform Allowance Distribution.......................................................10 7.3 Leather Helmet............................................................................................10 8 Benefits ................................................................................................................10 8.1 Insurance Benefits.......................................................................................10 8.1.1 Medical Insurance..............................................................................10 8.1.1.1 Available Plans.......................................................................10 8.1.1.2 Payment of Premium Costs....................................................10 8.1.1.2.1 Employee HMO Medical Premium Cost................11 8.1.1.2.2 Employee Non-HMO Medical Premium Cost........11 8.1.1.3 Effective Dates of Coverage ..................................................11 8.1.1.4 Medical Plan Advisory Committee........................................11 8.1.2 Dental Insurance.................................................................................11 8.1.2.1 Effective Dates of Coverage ..................................................11 8.1.2.2 Employees Hired Before October 27, 2012...........................11 8.1.2.2.1 Enhanced Dental Plan.............................................11 8.1.2.3 Employees Hired On or After October 27, 2012 ..................11 8.1.2.3.1 Core Dental Plan.....................................................11 8.1.2.3.2 Buy-up Dental Plan.................................................12 8.1.3 Vision Insurance.................................................................................12 8.1.3.1 Effective Dates of Coverage ..................................................12 8.1.3.2 Plan.........................................................................................12 8.2 Discretionary Benefit Option......................................................................12 8.2.1 Proof of Alternate Insurance..............................................................12 8.2.2 Exercising the Option.........................................................................12 8.3 Long-term Disability Insurance ..................................................................12 8.3.1 City Notification ................................................................................12 238 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 5 Article Title Page 8.3.2 Effective Date.....................................................................................12 8.3.3 Plan Payment......................................................................................12 8.4 Section 125 Plan..........................................................................................13 8.4.1 Premium Contribution Plan................................................................13 8.4.2 Dependent Care Plan..........................................................................13 8.4.3 Unreimbursed Medical Expense Plan................................................13 8.5 Deferred Compensation ..............................................................................13 8.6 Retirement Benefits.....................................................................................13 8.6.1 Retirement Plan..................................................................................13 8.6.2 Retirement Formula ...........................................................................13 8.6.2.1 3% at Age 50.........................................................................13 8.6.2.2 3% at Age 55.........................................................................13 8.6.2.3 2.7% at Age 57......................................................................13 8.6.3 Optional Provisions Added................................................................13 8.6.3.1 The 1959 Survivor Allowance...............................................13 8.6.3.2 Half Continuance ...................................................................13 8.6.3.3 Sick Leave Service Credit......................................................13 8.6.3.4 Military Service Credit...........................................................13 8.6.3.5 Pre-Retirement Optional Settlement 2 Death Benefit............13 8.6.4 City Contribution to Retirement System............................................13 8.6.5 Employee Contribution to Retirement System ..................................14 8.6.6 Fire Safety Classic Members PERS cost-sharing contribution 14 8.7 Sick Leave at Separation.............................................................................14 8.7.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85 .............................................................................................14 8.7.2 Sick Leave Cap ..................................................................................14 8.7.3 PERS Service Credit..........................................................................15 8.8 Retired Employee Health Benefits..............................................................15 8.8.1 Group Medical Insurance for Qualifying Retirees.............................15 8.8.2 Medical After Retirement Account (MARA)....................................15 8.8.3 Group Dental Insurance for Qualifying Retirees...............................15 8.8.4 Group Vision Insurance for Qualifying Retirees...............................15 8.8.5 Surviving Spouse Coverage...............................................................16 8.9 Medical Insurance for Spouse after Employee or Retiree Death................16 8.10 Retirement Health Savings (RHS) Plan......................................................16 9 Work Schedules and Hours of Work ...................................................................16 9.1 Normal Hours of Work ...............................................................................16 9.1.1 On-duty Shift Defined........................................................................16 9.1.2 Off-duty Shift Defined.......................................................................16 9.1.3 Tour-of-Duty Defined........................................................................16 9.1.4 Shift Schedule Defined ......................................................................16 9.1.5 Rest Periods........................................................................................16 239 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 6 July 1, 2022 through June 30, 2025 Article Title Page 9.1.6 Time for Reporting for On-duty Shifts ..............................................16 9.1.7 Departure of Employees from On-duty Shifts...................................17 9.1.8 Trade Shifts........................................................................................17 9.2 FLSA Work Period .....................................................................................17 9.2.1 Fire Suppression.................................................................................17 9.2.2 Non-Fire Suppression Safety Inspectors............................................17 9.3 FLSA Overtime Compensation...................................................................17 9.4 Overtime......................................................................................................17 9.4.1 Overtime Defined...............................................................................17 9.4.2 Overtime Records...............................................................................17 9.4.3 Minimum Overtime............................................................................17 9.4.4 Overtime Compensation Rates...........................................................17 9.4.4.1 Compensation Rate................................................................17 9.4.4.2 Hold-over...............................................................................17 9.4.4.3 Non-emergency Call-in..........................................................17 9.4.4.4 Emergency Call-in .................................................................18 9.4.4.5 Court Time Minimum............................................................18 9.4.5 Fire 56 Compensatory Time in Lieu of Overtime Pay.......................18 9.4.5.1 Program Requirements...........................................................18 9.4.5.2 Separation from Unit..............................................................18 9.4.6 Exclusion of Trade Time....................................................................18 9.4.7 Minimum Staffing..............................................................................18 10 Holidays ...............................................................................................................18 10.1 Authorized Holidays ...................................................................................18 10.1.1 Full-day Holidays............................................................................19 10.1.2 Half-day Holidays...........................................................................19 10.1.3 Shift Holiday Pay for 56-hour Employees......................................19 10.1.3.1 Shift Holiday Pay for Full-day Holidays............................19 10.1.3.2 Shift Holiday Pay for Half-day Holidays............................19 10.1.4 Discretionary Holiday.....................................................................19 10.1.4.1 Shift Discretionary Holiday through December 31, 2012..19 10.1.4.2 Discretionary Holiday beginning January 1, 2013 .............19 10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness Leave.................................................................................... 19 10.1.5 Holiday Compensation for Employees on Non-industrial Sick Leave or Family Care Leave...........................................................19 10.1.6 Employees Not Eligible for Holiday Compensation.......................20 11 Paid Leaves ..........................................................................................................20 11.1 Vacation ......................................................................................................20 11.1.1 Vacation Accrual Rates...................................................................20 11.1.2 Vacation Selection ..........................................................................20 11.1.2.1 Shift Vacation...................................................................20 240 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 7 Article Title Page 11.1.2.2 Vacation Staffing .............................................................20 11.1.2.3 Unscheduled Vacation Selection .....................................20 11.1.3 Vacation Buy-back..........................................................................20 11.1.4 Vacation Accumulation...................................................................21 11.1.5 Vacation Compensation Payout Upon Separation..........................21 11.2 Sick Leave/Non-industrial Injury Illness Leave .........................................21 11.2.1 Definition........................................................................................21 11.2.2 Amount of Sick Leave ....................................................................21 11.2.2.1 Sick Leave Amounts Used for Employees Hired 1/7/97 or Earlier........................................................................... 21 11.2.2.2 Sick Leave Amounts Used for Employees Hired 1/8/97 or Later............................................................................. 21 11.2.3 Sick Leave Request.........................................................................21 11.2.4 Approval of Sick Leave Request.....................................................21 11.2.5 Verification of Illness or Injury.......................................................21 11.2.5.1 Usual Verification............................................................22 11.2.5.2 Doctor or Nurse Practitioner’s Verification .....................22 11.2.6 Prohibition from Engaging in Outside Occupation.........................22 11.2.7 Sick Leave Management Plan.........................................................22 11.2.7.1 Sick Leave Threshold.......................................................22 11.2.7.1.1 Employees Scheduled 56-Hour Workweeks..22 11.2.7.1.2 Employees Scheduled 40-Hour Workweeks..22 11.2.7.2 Leave Monitoring.............................................................22 11.2.7.3 Extenuating Circumstances..............................................22 11.2.7.4 Review and Counseling....................................................23 11.2.7.5 Sick Leave Management Plan Requirements...................23 11.2.7.6 Plan Stipulations ..............................................................23 11.2.7.6.1 Personal Notification......................................23 11.2.7.6.2 Examination...................................................23 11.2.7.6.3 Affidavit.........................................................23 11.2.7.6.4 Other Conditions............................................23 11.2.7.7 Disciplinary Process.........................................................23 11.2.7.8 Maximum Paid Sick Leave Usage...................................23 11.3 Bereavement Leave.....................................................................................23 11.3.1 Definition of Family Member for Bereavement Leave...................23 11.3.1.1 Non-family Member Leave..............................................23 11.3.2 Leave Within California..................................................................24 11.3.3 Leave Outside California ................................................................24 11.4 Medical Appointment Leave.......................................................................24 11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour Employees....................................................................................... 24 11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour 24 241 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 8 July 1, 2022 through June 30, 2025 Article Title Page Employees....................................................................................... 11.5. Sick Leave as Family Care Leave...............................................................24 11.5.1 Definition of Family Member for Sick Leave as Family Care Leave Purposes................................................................................ 24 11.5.2 Leave Amount.................................................................................24 11.5.3 Concurrent Use of Leave ................................................................24 11.5.4 Leave Accounting...........................................................................24 11.5.5 Notification Procedures...................................................................24 11.5.5.1 Leave Notification............................................................25 11.5.5.2 Leave Verification............................................................25 11.6 Industrial Injury or Illness Leave................................................................25 11.6.1 Administration of Leave .................................................................25 11.6.2 Modified-duty Program...................................................................25 11.6.3 Prohibition from Engaging in Outside Occupation.........................25 11.7 Pregnancy Disability and Childcare Leave.................................................25 12 Leave Conversion.................................................................................................25 12.1 Leave Conversion Factors...........................................................................25 12.1.1 56-hour Schedule ............................................................................25 12.1.1.1 Sick Leave Conversion ....................................................25 12.1.1.2 Vacation Leave Conversion.............................................26 12.1.1.3 Vacation Buy-back...........................................................26 12.1.2 40-hour Schedule ............................................................................26 12.1.2.1 Sick Leave Conversion ....................................................26 12.1.2.2 Vacation Leave Conversion.............................................26 12.1.2.3 Vacation Buy-back...........................................................26 13 Long-term Disability Program.............................................................................26 13.1 Application for Benefits..............................................................................26 13.2 Elimination Period ......................................................................................26 13.3 City Determination......................................................................................26 13.3.1 Permanent and Stationary Status.....................................................26 13.3.2 Temporary Disability Status ...........................................................26 13.4 Permanent and Stationary Determination ...................................................27 13.5 Temporary Disability Determination..........................................................27 13.6 Permanent and Stationary Determination During Leave of Absence.........27 13.7 Accrued Vacation Payment.........................................................................27 13.8 Insurance Premium Payment.......................................................................27 14 Modified-duty Program........................................................................................27 14.1 Modified-duty Program...............................................................................27 14.2 Coverage .....................................................................................................27 14.2.1 Determination and Required Reports..............................................27 14.2.1.1 Assignments.....................................................................27 14.2.1.2 Evaluation and Determination..........................................28 242 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 9 Article Title Page 14.2.1.3 Medical Reports...............................................................28 14.2.1.4 Review of Assignment.....................................................28 14.3 Modified-duty Assignments, Definitions, and Restrictions........................28 14.3.1 Assignments...................................................................................28 14.3.2 Impact to Employee.......................................................................28 14.3.3 Fire Department Assignments.......................................................28 14.3.4 Normal Business Hour Assignments.............................................28 14.3.5 Case-by-Case Review....................................................................28 14.3.6 Field Emergency Responses..........................................................28 14.3.7 Reevaluations.................................................................................28 14.3.8 Uniforms........................................................................................28 14.3.9 Holidays.........................................................................................28 14.3.10 Vacation Scheduling......................................................................28 14.4 Return-to-Full-duty Status ..........................................................................29 15 Layoff and Demotion Policy................................................................................29 15.1 Reduction in Force......................................................................................29 15.2 Displaced Employees..................................................................................29 15.3 Seniority......................................................................................................29 16 Residence Requirements......................................................................................29 17 Emergencies.........................................................................................................29 18 Discipline Provision.............................................................................................29 19 Grievance Procedure............................................................................................30 19.1 Definition of a Grievance............................................................................30 19.2 Stale Grievance ...........................................................................................30 19.3 Informal Discussion with Employee’s Supervisor ......................................30 19.4 Formal Written Grievance to Employee’s Battalion Chief .........................30 19.5 Waiver of Battalion Chief Review..............................................................31 19.6 Grievance to Fire Chief...............................................................................31 19.7 Arbitration of Grievance.............................................................................31 19.8 Informal Review by the City Manager .......................................................31 19.9 Selection of Arbitrator.................................................................................31 19.10 Arbitrator Review......................................................................................31 19.11 Duty of the Arbitrator................................................................................31 19.12 Payment of Costs.......................................................................................31 19.13 Effect of Failure of Timely Action............................................................31 19.14 Non-Union Representation........................................................................32 20 Agreement, Modification, and Waiver.................................................................32 20.1 Full and Entire Agreement..........................................................................32 20.2 Written Modification Required...................................................................32 20.3 Waiver.........................................................................................................32 20.4 Term of Agreement.....................................................................................32 21 Signatures.............................................................................................................33 243 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 10 July 1, 2022 through June 30, 2025 Article Title Page Appendix A Classifications......................................................................................................34 B Salary Schedule....................................................................................................35 C Union Time Bank.................................................................................................36 244 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 11 Memorandum of Understanding between the International Association of Firefighters and the City of South San Francisco July 1, 2022 through June 30, 2025 Article 1.Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, designated “City” and the International Association of Firefighters (IAFF), Local 1507, AFL-CIO, designated “Union” as a mutual agreement of the wages, hours, and conditions of employment in effect during the period of July 1, 2022 through June 30, 2025 for those full-time regular employees working in classifications in the represented unit referred to in this agreement. Article 2.Union Rights 2.1.Recognition—The City of South San Francisco recognizes the International Association of Firefighters, Local 1507, AFL-CIO as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Appendix A and as may be added to the unit by the City during the term of this agreement. 2.2.Payroll Deduction—The City shall withhold Union dues and other lawfully permitted deductions from employees’ salary and remit such withholdings to the Union, provided the Union certifies in writing to the City that the Union has and will maintain each employees’ authorization for such deductions. 2.3.Authorized Representatives—The Union shall provide and maintain with the Fire Chief a list of the current officials of the Union, as well as the names of any other persons who are authorized to officially represent the Union in its dealings with the City. No more than eight (8) authorized representatives of the Union shall be City employees. 2.3.1.Access—An authorized representative of the Union shall have the right to contact an individual employee represented by the Union in a City facility during the employee’s work hours on matters concerning wages, hours, and other conditions of employment. Prior to entering the employee’s work location, the authorized representative shall provide reasonable notice to the employee’s immediate supervisor and shall attempt to arrange contact times, coinciding with an employee’s lunch period or after 1700 hours and prior to 0800 hours. An employee’s immediate supervisor shall have the right to make arrangements for a contact location and/or contact time 245 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 12 July 1, 2022 through June 30, 2025 that is the least disruptive to departmental operations and the employee’s work assignments. 2.3.2.Union Business Time—An authorized representative of the Union who is a City employee shall perform Union responsibilities on off-duty time, except that such responsibilities may be performed during on-duty time when the activity does not interfere with departmental operations as determined by the Fire Chief or designee. 2.3.3.Release Time—The Fire Chief or designee may grant reasonable release time without loss of time or pay to a Union authorized representative if, in the representative’s absence, the needs of the department can be reasonably met and no added costs are incurred by the department as the result of granting the release time to the Union representative. 2.4.Use of City Facilities, Equipment and Records— 2.4.1.Meeting Facilities—City and/or department facilities will be made available to the Union for the purpose of meeting with represented employees, provided that a Union officer makes a written request to the Fire Chief or designee generally 2-calendar days in advance of the meeting. 2.4.1.1.Exceptions—Exceptions to this 2-day notification requirement are in cases of an emergency, in which case the request can be made verbally if followed in writing. In addition, the 2-day limit will not be required in cases of unforeseen circumstances. 2.4.1.2.Denial and Prohibitions—Use of City and/or department facilities will only be denied in case of a conflict where prior usage was scheduled for the facility. Except during the lunch period, meetings of Union representatives and represented employees shall not be permitted during 0800 hours through 1700 hours except as approved by the Chief in advance. 2.4.2.Bulletin Boards—The City will furnish adequate space for bulletin boards to be placed at reasonable locations for the exclusive use of the Union. The Union agrees to post nothing of a discreditory nature about the City or its employees or that may be offensive to members of the general public and other visitors to the fire stations. The Union shall be responsible for maintaining bulletin boards exclusively used by the Union in an orderly condition and shall promptly remove outdated materials. 2.4.3.Union Reading Files—The Union shall be allowed to maintain a Union reading file at each represented employee work location. The Union reading file shall be used for the purpose of distributing material and information, such as recent developments in employee grievances and other controversial issues that are not suitable for posting on bulletin boards accessible to the general public and visitors to the fire stations. 2.4.4.Use of Department Equipment, Supplies, and Services—The department shall allow the Union to locate Union file cabinets at any Fire Station provided it is in a location that is least disruptive to day-to-day operations as determined by the Fire Chief or designee. The Union may use a desk at any Fire Station provided that the department’s needs do not preclude the use of the desk. The Union may be allowed to use the department’s copy machines, telephones, computer equipment, and supplies provided that the Union reimburses the department for the cost of such use. 2.4.5.Access to City Records—The Union shall have reasonable access to all public 246 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 13 records of the City, as required by law. Access to departmental records, except individual personnel records, shall be granted at the sole discretion of the City employee responsible for the maintenance of such records. Nothing contained herein shall compel any employee to allow a Union representative access to any files or records. Union representatives may be granted access to non-confidential departmental records, provided that the Union gives the City employee responsible for such records a prior request stating the nature of the information desired, the purpose for which the information will be used, and the time the representative desires access to the records. 2.4.6.Access to Personnel Files—The Union may review a union employee’s confidential personnel file, only if the employee signs a written consent form granting the Union access to the file. 2.5.Copies of Memorandum of Understanding—. The City shall post the current MOU, including appendices and side letters, on the City’s Web site. Article 3.Non-discrimination This agreement affords that no person shall in any way be favored or discriminated against to the extent prohibited by law because of age, sex, sexual orientation, race, religion, ethnic or national origin, physical and mental disability, political or religious opinions, affiliations, to the extent to which a person chooses to engage or not engage in Union activities, or any other basis protected by law. Article 4.Wages and Compensation 4.1.Definitions— 4.1.1.Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 4.1.2.Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, bilingual, education and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced pay. 4.2.Wages—.All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: x Year 1 (July 1, 2022-June 30, 2023) effective the first full pay period following the adoption of the MOU by Council, six percent (6%); x Year 2 (July 1, 2023-June 30, 2024) effective the first full pay period of July 2023: Four percent (4%); x Year 3 (July 1, 2024-June 30, 2025) effective the first full pay period of July 2024: three percent (3%). 247 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 14 July 1, 2022 through June 30, 2025 x Equity adjustments: The classification of Fire Captain shall receive a two percent (2%) equity adjustment in the first full pay period following ratification and approval of this Agreement. There will be no retroactive across-the-board base pay adjustments. 4.3.One-time Payment:The City shall provide a one-time payment to all bargaining unit members who are employed on the date the check is paid and who were employed between July 8, 2022 and December 15, 2022. The amount of each check shall be equivalent to 6% of the enhanced rate of pay in effect at that time for all paid hours, including overtime between July 8, 2022 and the effective date of the 6% salary increase. This one-time payment shall be made not later than December 15, 2022. 4.4.Payment of Compensation—Each employee shall be compensated on a biweekly basis with a level pay plan of 112 hours (average 56-hour week.) Payment will normally be made on the Thursday immediately following the conclusion of a City pay period. A City pay period consists of 14-calendar days and begins on a Friday, which is the first day of a pay period and ends on a Thursday, which is the last day of a pay period. 4.4.1.Continuous Paid Regular Service—An employee who is on continuous paid regular service with the City in a classification covered by this agreement shall be in the unit. Continuous paid regular service excludes all unpaid leaves of absence of an employee and excludes all time an employee is not in a full-time regular employment status with the City. 4.5.Time-in-Step—Each employee shall complete the following time at each step of the salary schedule applicable to the employee’s classification prior to advancing to the next step in the salary schedule. Schedule Step Criteria Entry...........From date of hire to the completion of basic Firefighter academy. 1...............After completion of academy to completion of probation. 2...............After completing another full year 3...............After completing another full year 4...............After completing another full year 5...............After completing another full year Article 5.Special Compensation 5.1.Temporary Upgrade Pay 5.1.1.Temporary Fire Captain Compensation—Employees in a classification below the level of Fire Captain, who are assigned to perform the duties of a Fire Captain for a period of one full hour or more, shall receive added compensation for all time served. This compensation shall be at the hourly rate of pay the employee would otherwise qualify were the employee promoted to the classification, which is Step 4 of the Fire Captain salary schedule. An employee in a classification below the level of Fire Captain who is assigned to perform those duties for a period of time less than one full 248 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 15 hour shall not receive additional compensation for any of the time spent in performing such duties. 5.1.2.Temporary Battalion Chief Compensation—Employees in the classification of Fire Captain who are assigned to perform the duties of a Battalion Chief for a period of one full hour or more shall receive added compensation for all time served. This compensation shall be for all time served at the rate of 5% above the employee’s base hourly rate of pay or at the hourly rate of pay for which the employee would qualify, were the employee promoted to the classification of Battalion Chief, whichever is greater. An employee in the classification of Fire Captain who is assigned to perform the duties of Battalion Chief for a period of less than one full hour shall not receive additional compensation for any of the time spent in performing such duties. 5.1.3.Temporary Engineer Compensation—Employees in the classification of Firefighter or Paramedic/Firefighter who are assigned to engineer duties for a period of one full hour or more shall receive added compensation. This compensation shall be for all time served at the rate of 5% above the employee’s base hourly rate of pay An employee who is assigned to perform the duties of Engineer for a period of less than one-full hour shall not receive additional compensation for any of the time spent in performing such duties. 5.2.Temporary Safety Inspector Assignment—Employees in the classification of Firefighter, Paramedic/Firefighter, or Fire Apparatus Engineer who are assigned to temporary Safety Inspector duties shall receive an additional 5% compensation above the employee’s base hourly rate of pay, including incentives. 5.3.Emergency Medical Technician I Fire Service (EMT I FS) Instructor Assignment Compensation—Employees in the classification of Paramedic/Firefighter who are assigned to perform the duties of an EMT I FS Instructor shall receive an additional 5% compensation above the employee’s base hourly rate of pay, including incentives. 5.4.Emergency Medical Technician (EMT) Certification—Employees who maintain an Emergency Medical Technician certification will receive 2.5% above their base hourly rate of pay for which the employee otherwise qualifies. Such certification is mandatory for each employee hired after 6/30/01. 5.4.1.Mandatory EMT Certification—All employees hired into fire suppression positions after 6/30/01 must maintain EMT certification. The City will continue to provide training and remedial training to maintain recertification. Effective 7/1/16 EMT Certification pay was added to base compensation of Fire Apparatus Engineers. Fire Apparatus Engineers and Paramedic Firefighters are not eligible for special compensation under this article. 5.5.Paramedic Preceptor Compensation / FTO –Employees in the position of Paramedic/Firefighter who meet the minimum State of California requirements for field preceptor (California Code of Regulations, Title 22, Section 100149e) shall receive monetary compensation for each hour served as a Paramedic Field Preceptor or FTO. The amount of compensation shall be equal to 5% of the employee’s base hourly rate of pay. 5.6.Technical Rescue Incentive Pay—All members that are qualified and maintain training according to department standards as defined by the Fire Chief shall receive two-percent 249 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 16 July 1, 2022 through June 30, 2025 (2%) of base salary. Members of the department must complete the required classes to qualify as an expert in Technical Rescue. Technical Rescue will not be included in Total Compensation until a simple majority of survey agencies offer a similar benefit. 5.7.SCBA Technician: SCBA certified employees assigned by the Chief as SCBA Technicians shall receive two-percent (2%) of base salary while assigned. 5.8.PPE Program Manager: Employees assigned by the Chief as PPE Program Managers shall receive two-percent (2%) of base salary while assigned. 5.9.Promotion to Captain—Employees promoted to Fire Captain shall be placed at Step 4 of the established Fire Captain salary schedule. 5.10.Fire Apparatus Engineer Compensation—Effective 7/1/16, the base pay for Fire Apparatus Engineer shall be equal to the base pay for Paramedic Firefighter. 5.10.1.Promotion to Fire Apparatus Engineer—The selection process for the classification of Fire Apparatus Engineer will be based on seniority and having completed driver’s training qualifying them to serve as a Fire Apparatus Engineer. Those employees who promoted to Fire Apparatus Engineer on or after 2/1/02 shall serve the following probationary periods. 5.10.1.1.Six-month Probationary Period—Employees with an original Personnel Action Form processed for Acting Engineer of 3 or more years from the date of regular appointment to Fire Apparatus Engineer shall serve a probationary period of 6 months. 5.10.1.2.Twelve-month Probationary Period—Employees with an original Personnel Action Form processed for Acting Engineer of less than 3 years from the date of regular appointment to Fire Apparatus Engineer shall serve a probationary period of 12 months. 5.10.2.Fire Apparatus Engineer Seniority—Seniority shall be based by time in the Fire Department and not the promotional date per Policy and Procedures Manual, except that this may be changed as needed for operational requirements in the sole discretion of the Fire Chief through revision to the Policy and Procedures Manual. The City will meet and consult with the IAFF before implementing any change, but may implement the change without necessarily reaching agreement. 5.11.Longevity Pay—An employee who was hired prior to July 1, 2012 and has completed 7 years of full-time regular employment is eligible and shall be compensated for Longevity Pay rate of an additional 2.5% above the employee’s base hourly rate of pay. Longevity Pay is not available for employees hired on or after July 1, 2012. 5.12.Education Incentive Pay—An employee may receive only one of the below listed incentives at any time. 5.12.1.Associate’s or Bachelor’s Degree—The City shall pay 5% of base pay for an Associate’s degree or 7.5% of base pay for a Bachelor’s degree upon submission of official transcripts or diploma to the Fire Chief or his or her designee. The incentive pay will be effective the pay period following Fire Chief or designee approval. 5.12.2.Accredited Units—The City will continue the 5% Accredited Unit incentive pay pursuant to 5.11. Education Incentive Rate in the 2012-2014 MOU for employees who had previously qualified under those terms. 5.13.Education Expense Reimbursement Program—An employee who takes a job-related 250 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 17 course at an accredited institution of learning shall be eligible for reimbursement of 50% of the costs of tuition, fees and course materials up to $5,000 per fiscal year upon the successful completion of the course and upon the employee achieving a grade of “C” or better, or passing for a pass/fail course. 5.13.1.Qualifying for the Program—In order to qualify for reimbursement, the employee must: 5.13.1.1.Deputy Chief Review and Fire Chief Approval—Prior to enrollment, the employee must submit to the Deputy Chief for review the course description and a brief explanation regarding why the employee believes the course to be job-related. Prior to enrollment, the employee must receive written approval of the Fire Chief. 5.13.1.2.Reimbursement Request—Provided that the Fire Chief finds that the course is job-related and approves the employee’s request, the employee shall submit a request for reimbursement to the Deputy Chief that includes a copy of the department head’s written approval of the course, a copy of the employee’s course grade, the receipts for all course expenses, and a total amount requested for reimbursement. 5.14.Bilingual Incentive Rate— 5.14.1.Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures, and demonstrated proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 5.14.2.Eligibility—To be eligible to participate in this program, employees must speak a second language used by a segment of South San Francisco population, and must routinely and consistently be required to communicate in the second language. Once an employee qualifies as speaking a second language the employee will receive bilingual pay, even if the population changes and a significant segment no longer speaks the language. 5.14.3.Language Determination—Languages that are spoken in South San Francisco shall be determined by reviewing the demographic data from the local school district. 5.14.4.Current Languages in Effect—The following languages shall qualify for an employee to receive the bilingual incentive pay. x Spanish x Tagalog x Cantonese x Mandarin x American Sign Language 5.15 Acting FireMarshal Compensation–––Employees in the classification of Safety Inspector II or Senior Safety Inspector who, if assigned, by the Fire Chief to Acting Fire Marshal for more than 4 hours shall receive added compensation for all time served. This compensation shall be at the rate of 5% above the employee’s base hourly rate of pay or at step 1 of the Fire Marshal base salary schedule, whichever is greater. 251 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 18 July 1, 2022 through June 30, 2025 5.16 The parties acknowledge that the California Public Employees Retirement System (CalPERS) determines whether compensation is PERSable and that the parties are bound by the laws and rules governing CalPERS regarding such determination. Article 6.Assignments and 40-hour Classifications 6.1.Assignments and Classifications—Some positions in the unit will be either a special assignment or a permanent position with a 40-hour workweek schedule as identified in Appendix A. 6.2.Salary—The salary range for 40-hour positions includes all unit incentives, except the Bilingual Incentive. Employees in 40-hour positions are eligible for the Bilingual Incentive, only when proficiency has been demonstrated as designated in this agreement. 6.3.Assignment Positions Shift Overtime—Shift overtime will be paid at the 56-hour rate for the classification the employee was in prior to being assigned EMS Captain or Safety Inspector II duties. 6.4.Leave Accrual—Employees in this group will have all leaves accrue at the 40-hour rate and will use them on an hour-for-hour basis. 6.5.Leaves Accrued and Taken—Leaves are accrued per pay period as follows, which may be used as provided in the relevant sections of this agreement. 6.5.1.Holidays—There are thirteen holidays per year, which will be considered paid time off. 6.5.2.Bereavement Leave—24 hours per qualifying event if the funeral is within the State of California and 40 hours if the funeral is outside the State of California. 6.5.3.Medical Appointment Leave—This leave is not charged to Sick Leave for the first 8 hours of use. All other time used for this purpose will be charged to Sick Leave. 6.5.4.Sick Leave—Accrues at 3.69 hours per pay period and will be charged on an hour- for-hour basis when used. Sick leave as family care leave may be used on the same basis as 56-hour employees. 6.5.5.Compensatory Time—An employee in a 40-hour position may, at the employee’s option or the City’s option, receive pay for overtime hours worked or may accumulate compensatory time as allowed by law up to a maximum of 80 hours in lieu of pay for said overtime. 6.5.5.1.Taking Compensatory Time—The overtime hours worked may be taken as compensatory time off provided anyone wishing to exercise this option must give at least 3 days’notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the minimum staffing and continued functioning of the division. 6.5.6.Flexible Work Schedules—Upon approval of the Fire Chief, an employee in a 40- hour position may work a flexible work schedule that provides for a starting time or ending time other than the normal workday provided that the schedule does not exceed 80 hours in a pay period. 6.5.7.Vacation Leave—This leave will accrue, based on the 40-hour workweek rate of: 252 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 19 Accrual Rate Biweekly Annually 1st through 4th year...................4.62 hours ...120 hours 5th through 14th year.................6.16 hours ...160 hours 15th through 24th year...............7.69 hours ...200 hours 25th and succeeding years ........9.23 hours ...240 hours 6.6.Qualified Fire Investigator Standby Pay –Employees who are designated by the Fire Chief as qualified fire investigators may be eligible for standby pay as follows: 6.6.1. Assignment—Eligible employees must be assigned by the Fire Chief or designee to standby status. 6.6.2.Amount—Standby pay is one hour of straight time base pay for each workday on- call for after-hours coverage; and/or two hours of straight time base pay for each day on-call during weekends and on City-observed holidays. 6.6.3.Standby Employee Responsibility—Employees are not working but must be conveniently available to their supervisors by phone or pager, be in a fit condition to report to work, and able to report to work within a reasonable period of time. 6.6.4.Standby and Sick Leave—Since it is presumed that the employee would be unable to report to work when ill, an employee shall not receive standby pay at the same time they are receiving sick pay. 6.6.5.Standby and Call-in Pay—An employee should not receive payment for hours worked and on-call pay for the same hours. Once an employee reports to work, on-call pay stops. 6.6.6.Standby Day—On weekdays, a standby day shall be considered the period between the end of the employee’s regularly scheduled shift and the beginning of a new workday or standby shift the following morning. On weekends and holidays, a standby day shall be considered a 24-hour period for what would be the employee’s regularly scheduled start time on a scheduled workday and ending 24 hours later. 6.7.Qualified Fire Investigator Call-in Pay— 6.7.1.Rate of Pay—An employee on standby status who responds to an authorized call to work will be paid at their overtime rate of pay. Overtime compensation shall commence at the time the employee reports for duty and shall conclude at the time the employee is released from duty or upon the commencement of the employee’s next regularly scheduled on-duty shift, whichever occurs first. 6.7.2.Reporting Pay Minimum—For each call in, the employee will be paid for a minimum of 2 hours or the actual time worked, whichever is greater. If the employee is called in for a short period, goes home, then is called back to work again within the original 2-hour period, the employee will not receive a second 2 hours of pay for reporting in. 6.8.Safety Inspection Overtime Minimum—Any Fire Inspector required to perform an inspection(s) outside of the employee’s normal work hours shall be paid a minimum of 2 hours of overtime pay. 253 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 20 July 1, 2022 through June 30, 2025 Article 7.Uniforms 7.1.Uniform Allowance—Uniform allowance is subject to the following conditions: 7.1.1.Uniform Allowance Eligibility—The uniform allowance commences the second year of employment within the department. After the first year of employment is completed, the employee will receive the second-year’s uniform allowance on a prorated basis through the end of the fiscal year. Thereafter, the employee will be eligible for the uniform allowance at the beginning of each fiscal year. 7.1.2.Uniform Allowance Amount—Uniform allowance is $1,100 per fiscal year. 7.1.3.Uniform Allowance Distribution—Effective July 1, 2015, uniform allowance distribution will be made in two (2) equal increments per fiscal year. The distributions will occur on the first pay periods in November and May. Effective the second pay period in November, 2022, uniform allowance will be made in twenty-six (26) equal increments per year. With the allowance received, employees shall be responsible for procuring and maintaining their uniforms and equipment as listed in the department’s procedures manual. 7.2.Leather Helmet—After the completion of probation and upon the employee’s request, the City will purchase for the employee a leather helmet (less the cost of the department issue helmet). The employee’s cost of the leather helmet will be reimbursed to the City in two equal payments over a 2-year period. The leather helmet becomes the property of the employee. Article 8.Benefits 8.1.Insurance Benefits—Employees shall be eligible to receive benefits as follows: 8.1.1.Medical Insurance— 8.1.1.1.Available Plans—Subject to the terms and conditions of the City’s contracts with medical insurance carriers, employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following plans: x Kaiser Permanente x Blue Shield of California 8.1.1.2.Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider for the plan selected by each employee, in accordance with the terms and conditions prescribed by the contract with the carrier. 8.1.1.2.1.Employee HMO Medical Premium Cost—E Employees on the City’s medical plans shall contribute an amount equal to 10% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 8.1.1.2.2.Employee Non-HMO Medical Premium Cost—In addition to the HMO premium share, employees enrolled in plans that are more expensive 254 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 21 than the HMO plans pay the difference between the HMO rate and the premium rate for their selected plan based on plan provider and tier (single, two, family). 8.1.1.3.Effective Dates of Coverage—The effective date of coverage for medical insurance shall be the first day of the month following the month of employee and dependent enrollment. Coverage shall terminate on the last day of the month in which an employee separates from employment. Dependent coverage shall terminate on the date prescribed by each provider’s contract for discontinuance of no-longer-eligible dependents. 8.1.1.4.Medical Plan Advisory Committee—A medical plan advisory committee was convened to explore alternatives to the City’s medical plan. On or around December 1, 2012, the City and this bargaining unit agree to open negotiations solely upon Article 8.1.1. Medical Insurance to consider recommendations made by the committee. Any changes to the medical plan will be subject to mutual agreement. 8.1.2.Dental Insurance—Subject to the terms and conditions of the City’s dental plan for the Firefighters Association, employees and dependents shall be provided dental insurance as follows: 8.1.2.1.Effective Dates of Coverage—Coverage shall become effective on the first day of the month following 6-full months of employment with the City. Only employees appointed on the first day of any month, and who enroll in the plan, are eligible for coverage after the first of the month following 6-full months of employment. Coverage shall terminate on the last day of the month an employee separates from City employment. 8.1.2.2.Employees Hired Before October 27, 2012— 8.1.2.2.1.Enhanced Dental Plan—The City shall pay the premium costs of the enhanced dental plan for employees hired before October 27, 2012. The enhanced dental plan provides a $3,000 calendar year maximum per member and a $4,000 lifetime orthodontia benefit for each eligible dependent child. 8.1.2.3.Employees Hired On or After October 27, 2012— 8.1.2.3.1.Core Dental Plan—The City shall pay the premium costs of the core dental plan for employees hired on or after October 27, 2012, the core dental plan provides a $1,500 calendar year maximum per member and a $1,000 lifetime orthodontia benefit for each eligible dependent child. 8.1.2.3.2.Buy-up Dental Plan—Employees hired on or after October 27, 2012 may participate in the enhanced dental plan by paying the additional premium costs over the core dental plan. 8.1.3.Vision Insurance—Subject to the terms and conditions of the City’s vision plan, employees and dependents shall be provided vision insurance, with no premium costs to employees. 8.1.3.1.Effective Dates of Coverage—Coverage shall become effective on the first day of the month following enrollment and shall terminate on the last day of the month an employee separates from City employment. 255 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 22 July 1, 2022 through June 30, 2025 8.1.3.2.Plan—The vision plan is Vision Service Plan B with a $10.00 copay. 8.2.Discretionary Benefit Option—Employee who can demonstrate to the City’s satisfaction that they have medical coverage elsewhere, may elect, once each year, to have the City pay $550 per month in lieu of medical, dental, and vision benefits into the employee’s deferred compensation account. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 8.2.1.Proof of Alternate Insurance—An employee must provide proof of alternate minimum essential coverage for the employee and the employee’s tax family from another source, other than coverage obtained through Covered California. 8.2.2.Exercising the Option—Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City’s satisfaction a bona-fide need. 8.3.Long-term Disability Insurance—All bargaining unit members shall pay for and maintain long-term disability insurance coverage with the California Association of Professional Firefighters or any other approved carrier, subject to the terms and conditions of the City of South San Francisco Firefighter Association’s contract with this provider. This long- term disability insurance plan provides up to 77% of the enhanced salary of an employee who qualifies for such payments. 8.3.1.City Notification—The Association agrees that the long-term disability benefit provider will inform the City when an employee begins receiving long-term disability insurance benefits and when the benefits end. 8.3.2.Effective Date—Long-term disability coverage becomes effective the first day of the month following enrollment and terminates on the day an employee separates from City employment. 8.3.3.Plan Payment—The City shall provide an amount equivalent to the plan’s costs, but no more than $35.00 per month per unit member to pay and maintain their long- term disability insurance. This amount will be given to the Firefighters’ Association on behalf of each bargaining unit member for the long-term disability coverage, with that amount included on each employee’s W-2 tax statements. 8.4.Section 125 Plan—Subject to the terms and conditions of the IRS and related regulations, employees may participate in the City’s Section 125 Plan, which consists of a Dependent Care Program and an Unreimbursed Medical Program. The City’s Third-Party Administrator oversees the Section 125 Plan and has the final authority on Plan requirements. 8.4.1.Premium Contribution Plan—Participants may pay premium contributions for employee and/or dependent coverage under the City's health care coverage plan(s) on a pre-tax basis. 8.4.2.Dependent Care Plan—Participants may pay dependent care costs on a pre-tax basis, up to $5,000 per year, for the fees of a licensed child-care provider. 8.4.3.Unreimbursed Medical Expense Plan—Participants may pay for approved medical costs on a pre-tax basis that are not paid by the employee’s health care provider, up to 256 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 23 the IRS annual maximum. 8.5.Deferred Compensation—Employees are eligible to participate in the Deferred Compensation Plans available to the City, subject to the terms and conditions of each plan and the IRS. 8.6.Retirement Benefits— 8.6.1.Retirement Plan—Retirement benefits for employees shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members. 8.6.2.Retirement Formula— 8.6.2.1.3% at age 50—Classic Members as defined by the Public Employees’ Pension Reform Act (PEPRA) who are hired before April 24, 2010 are provided a retirement benefit formula of 3% at age 50 with one-year final compensation. 8.6.2.2.3% at age 55—Classic Members as defined by PEPRA who are hired on or after April 24, 2010 will be provided a retirement benefit formula of 3% at age 55 with 3-year final compensation. 8.6.2.3.2.7% at age 57—New Members as defined by PEPRA will be provided a retirement benefit formula of 2.7% at age 57 with 3-year final compensation. 8.6.3.Optional Provisions Added—Optional Public Agency Provisions under the retirement system shall also be provided as follows. 8.6.3.1.The 1959 Survivor Allowance—As set forth in the Public Employees’ Retirement Law providing for third-tier benefits. 8.6.3.2.Half Continuance—As authorized in the contract between City and PERS as provided by the Public Employees Retirement Law. 8.6.3.3.Sick Leave Service Credit—As provided by the Public Employees Retirement Law. 8.6.3.4.Military Service Credit—Military Service Credit as public service as provided by the Public Employees Retirement Law. 8.6.3.5.Pre-retirement Optional Settlement 2 Death Benefit—Effective 1/17/2003 and as provided for in the Public Employees Retirement Law. 8.6.4.City Contribution to Retirement System—The City shall pay the rate prescribed by the Public Employees’ Retirement System for employer contributions in accordance with the rules and regulations governing such contributions. 8.6.5.Employee Contribution to Retirement System—Employees will pay the employee portion to the Public Employees’ Retirement System in accordance with the rules and regulations governing such contributions. Employees at 3% at age 50 and 3% at age 55 contribute 9% of pay. Employees at 2.7% at age 57 contribute one-half of the normal cost. The employee contribution for Classic members as designated by CalPERS is 9% for Classic Safety and 8% for Classic Miscellaneous. New Members as designated by CalPERS shall pay 50% of the total normal cost rate, in accordance with Government Code 7522.30, not to exceed 12%. Employee contributions will be tax-deferred under IRC Section 414(h)(2). 8.6.6 Fire Safety Classic Members PERS cost-sharing contribution—All Fire Safety Classic members shall pay in addition to the current 9% employee contribution, 3% of the employer rate, for a total employee commitment of 12%. The contributions 257 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 24 July 1, 2022 through June 30, 2025 will be tax-deferred under IRC section 414(h)(2). Employee contributions will be credited to each member’s account as normal contributions and will be refundable to members who separate from CalPERS covered employment and elect to withdraw their contributions. 8.7.Sick Leave at Separation— 8.7.1.Payment of Unused Accumulated Sick Leave Accrued—Upon death, full service retirement, or disability retirement, an employee may elect to be paid for half of the accrued and unused sick leave at the time of the qualifying event. Payment of unused sick leave hours shall be made at the employee’s enhanced hourly rate of pay. Such right to payment is deemed a property right and shall not be taken from the employee without mutually agreed-upon compensation. 8.7.2.Sick Leave Cap—No employee shall receive payment for any recorded hours in excess of the 1,680 hours cap, with the maximum payable of 840 hours. Except those employees who have in excess of the 1680-hour cap as of 1/1/89 will have whatever accrued but unused hours earned as of that date become their cap. Those employees who are below the 1680-hour cap effective 1/1/89 may accrue up to the cap with the City paying half upon retirement or death, with the maximum payable shall be 840 hours. 8.7.3.PERS Service Credit—In addition to receiving a cash payoff for accumulated sick leave upon retirement as described above, an employee may apply all remaining sick leave hours as credit towards retirement through the Public Employees’ Retirement System. The employee may also, upon death, full service retirement, or a disability retirement, elect to not receive any cash payment and instead apply all of the accrued sick leave towards Sick Leave Service Credit for a PERS retirement. 8.8.Retired Employee Health Benefits— 8.8.1.Group Medical Insurance for Qualifying Retirees—An employee who was hired prior to the adoption of an alternate retiree medical plan for all City bargaining units similar to the plan described in Section 8.8.2. may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs of their selected plan in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that un-retires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 8.8.2.Medical After Retirement Account (MARA)—An employee who was hired after the adoption of an alternate retiree medical plan for all City bargaining units will not be 258 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 25 eligible to participate in the Retiree Medical Insurance program described in 8.8.1. Instead, City shall make a contribution equal to one and one-half percent (1.5%) of such an employee’s base salary toward a medical after retirement account (VEBA, or similar vehicle such as RHS plan). 8.8.3.Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 8.8.4.Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 8.8.5.Surviving Spouse Coverage—The City will allow the spouse of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City’s premium rate provided all of the following conditions are met: the employee/retiree must be enrolled in the health plan prior to death; there is no cost to the City; the provider does not require a City contribution; and the City is held harmless if the coverage is discontinued 8.9.Medical Insurance for Spouse after Employee or Retiree Death—A retired employee’s spouse shall be provided with 2 months of medical insurance coverage at the City’s expense upon a retiree’s death. The City shall provide up to one year of City-paid medical coverage to the spouse of an active employee who dies. 8.10.Medical After Retirement Account (MARA)Plan—IAFF Local 1507 member employees may participate in the MARA Plan to the extent permitted under the existing MARA Plan policy. Article 9.Work Schedules and Hours of Work 9.1.Normal Hours of Work—Employees shall work a normal schedule that includes shifts arranged into tours of duty within a specified schedule, resulting in an average of 56 hours of on-duty time per week over a period of a year. The schedule defines the normal work schedule and hours of work for employees and is not a guarantee of hours or shifts of work. 9.1.1.On-duty Shift Defined—An on-duty shift shall be 24-consecutive hours of time worked beginning at 0800 hours on a calendar day and ending at 0800 hours the following calendar day. An on-duty shift is signified by the symbol “X”. 9.1.2.Off-duty Shift Defined—An off-duty shift shall be 24-consecutive hours of time off beginning at 0800 hours of a calendar day and ending at 0800 hours the following 259 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 26 July 1, 2022 through June 30, 2025 calendar day. An off-duty shift is signified by the symbol “O”. 9.1.3.Tour-of-Duty Defined—A Tour-of-Duty is a sequence of on-duty and off-duty shifts patterned as defined in 9.1.4. 9.1.4.Shift Schedule Defined—A shift schedule shall be a series of tours of duty, with 3 different shift schedules. The 2/4 Work Schedule has workweeks and tours of duty. There are 3 different work shifts in a 24-day cycle as follows: A Shift XXOOOOXXOOOOXXOOOOXXOOOO B Shift OOOOXXOOOOXXOOOOXXOOOOXX C Shift OOXXOOOOXXOOOOXXOOOOXXOO 9.1.5.Rest Periods—During normal on-duty shifts, one rest period shall be permitted between 0800 hours and 1200 hours and one between 1300 hours and 1700 hours, provided that such rest periods do not interfere with effective operations. 9.1.6.Time for Reporting for On-duty Shifts—Employees must report for work for their scheduled on-duty shift no later than 0800 hours. 9.1.7.Departure of Employees from On-duty Shifts—Employees shall not depart from their on-duty shift and station until properly relieved. Exceptions may be made with approval from the on-duty Battalion Chief for family emergency or sudden onset of injury or illness. 9.1.8.Trade Shifts—Allow for 1 quad-, 4 double- and unlimited single trade shifts per Policy and Procedures Manual, except that this may be changed as needed for operational requirements in the sole discretion of the Fire Chief through revision to the Policy and Procedures Manual. The City will meet and consult with the IAFF before implementing any change, but may implement the change without necessarily reaching agreement. 9.2.FLSA Work Period—The parties have agreed to a 7K exemption under the Fair Labor Standards Act (FLSA), pursuant to 29 U.S.C. section 207(k), and each employee is assigned to a work period for FLSA purposes as follows: 9.2.1.Fire Suppression—The work period is 24 days in length and begins at 0800 and ends 24 consecutive days later. 9.2.2.Non-Fire Suppression Safety Inspectors—The standard work period is a 7 consecutive-day work period that begins at 12:01 am Friday and ends at 12 midnight the following Thursday. 9.3.FLSA Overtime Compensation—Notwithstanding the contractual overtime benefits set forth in this MOU, the FLSA overtime threshold applicable to fire suppression employees is 182 hours actually worked in the 24 day work period. 9.4.Overtime— 9.4.1.Overtime Defined—Overtime is ordered and authorized work in excess of an employee’s normal work schedule. The City will credit all paid leave as hours worked for the purposes of overtime. 9.4.2.Overtime Records—Records of overtime worked shall be maintained in accordance with procedures established by the Fire Chief. 9.4.3.Minimum Overtime—Except in instances when an employee is unable to depart from an on-duty shift and station because the employee has not been properly relieved, no form of overtime payment shall be made where time worked prior to the beginning 260 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 27 of a shift or following completion of a shift is less than 12-minutes in duration. 9.4.4.Overtime Compensation Rates— 9.4.4.1.Compensation Rate—Employees shall be compensated for all overtime hours worked at the rate of 1.5 times the employee’s enhanced hourly rate of pay. 9.4.4.2.Hold-over—Overtime compensation for an employee held over past the end of an on-duty shift shall conclude immediately upon the employee being properly relieved or upon the commencement of the employee’s next regularly scheduled on-duty shift, whichever occurs first. 9.4.4.3.Non-emergency Call-in—Overtime compensation shall commence at the time the employee reports for duty and shall conclude at the time the employee is released from duty or upon the commencement of the employee’s next regularly scheduled on-duty shift, whichever occurs first. Overtime for the purpose of minimum staffing will be considered as non-emergency. 9.4.4.4.Emergency Call-in—Employees who respond to an emergency call-in that is not immediately preceding or following the employee’s own regularly scheduled on-duty shift shall receive a minimum of 4-hours compensation for the response. 9.4.4.5.Court Time Minimum—Employees who are required, as part of their duty to report to court for purposes directly related to their job, shall be compensated a minimum of 4 hours for the response. 9.4.5.Fire 56 Compensatory Time in Lieu of Overtime Pay—An employee in a 56-hour position may, at the employee’s option or the City’s option, receive pay for overtime hours worked or may accumulate compensatory time at a rate of 1.5 times the number of hours worked up to a maximum of 96 hours. 9.4.5.1.Program Requirements—The City may terminate this program during the term of this contract if it fails to meet the following criteria: x No overtime is incurred as a result of employees taking comp time; x Telestaff successfully manages comp time use; x Comp time is treated like unscheduled vacation; and x There is no adverse impact on minimum staffing or employees’ ability to take vacation or sick leave. x Employees shall be permitted to receive a cash value of up to the accrued hours of compensatory time per calendar year. Comp time cash-out is subject to the following: x Comp time hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash out. x Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash out. Only time accrued during the calendar year following the irrevocable election may be cashed out. x Time may be paid out twice annually in May and November as long 261 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 28 July 1, 2022 through June 30, 2025 as employees have submitted an irrevocable election form in the prior calendar year. x 9.4.5.2.Separation from Unit—If an employee separates from the City or promotes/transfers out of the unit, any accrued comp time shall be paid out at that time. 9.4.6.Exclusion of Trade Time—Department permission for an employee to trade on- duty shift time with another employee shall not be construed as an approved alteration of an employee’s normal work schedule or hours of work. Nor shall such department permitted trades of on-duty shift time between employees be construed as ordered and authorized work in excess of an employee’s normal work schedule and hours of work for the purposes of establishing eligibility for overtime compensation of any kind. 9.4.7.Minimum Staffing—Minimum staffing level at 20 personnel at all time except that minimum staffing may be changed as needed for operational requirements in the sole discretion of the Fire Chief through revision to the Policy and Procedures Manual. The City will meet and consult with the IAFF before implementing any change, but may implement the change without necessarily reaching agreement. 262 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 29 Article 10.Holidays 10.1.Authorized Holidays—The City observes the following holidays: 10.1.1.Full-day Holidays— January 1st ................................New Year’s Day Third Monday in January..........Martin Luther King Birthday Third Monday in February........Washington’s Birthday Observed Last Monday in May................. June 19th………………………. Memorial Day Observed Juneteenth July 4th ......................................Independence Day First Monday in September.......Labor Day Second Monday in October ......Indigenous Peoples Day Observed November 11th .........................Veterans’ Day Fourth Thursday in November..Thanksgiving Day Fourth Friday in November ......Day following Thanksgiving December 25th ..........................Christmas Day 10.1.2.Half-day Holidays— December 24th ..........................Christmas Eve Day December 31st ..........................New Year’s Eve Day 10.1.3.Shift Holiday Pay for 56-hour Employees—Effective the pay period including January 1, 2023, bargaining unit members shall receive five and one-half percent (5.5%) of compensation in lieu of observing City holidays. Such payments shall be allocated to each biweekly pay period. Reporting of Holiday in Lieu Pay for retirement purposes shall conform to CalPERS regulations requiring reporting of Holiday in Lieu Pay allocated to each biweekly pay period. For the period of July 1, 2022 through December 31, 2022 employees shall receive holiday pay as follows: 10.1.4.Shift Holiday Pay for Full-day Holidays—Employees shall receive an additional 10.7% of the employee’s enhanced biweekly rate of pay for each pay period in which a full-day holiday occurs. 10.1.5.Shift Holiday Pay for Half-day Holidays—Employees shall receive an additional 5.35% of the employee’s enhanced biweekly rate of pay for each pay period in which a half-day holiday occurs. 10.1.6.Discretionary Holiday—56-hour employees shall be eligible for 12 hours of discretionary holiday and 40-hour employees shall be eligible for 8 hours of discretionary holiday each calendar year. The discretionary holiday accrues in the first pay period of each calendar year. New hires will accrue the discretionary holiday upon their appointment as a regular employee with the City. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used the discretionary holiday by the end of the last full pay period in each calendar year shall forfeit this benefit that calendar year. 263 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 30 July 1, 2022 through June 30, 2025 10.1.7.Holiday Compensation for Employees on Industrial Injury or Illness Leave—An employee receiving compensation pursuant to the provisions of Section 4850 of the Labor Code shall receive the same holiday compensation as the employee would have received had the employee worked a normal on-duty shift time. 10.1.8.Holiday Compensation for Employees on Non-industrial Sick Leave or Family Care Leave—Unless the employee actually worked the holiday, an employee who is scheduled to work on the day immediately preceding an actual holiday, on the actual day of a holiday, and/or on the day immediately following an actual holiday and who does not report for duty as scheduled due to personal injury or illness or due to a family care leave absence shall submit verification or certification as is satisfactory to the Fire Chief or designee prior to receiving compensation for the holiday. 10.1.9.Employees Not Eligible for Holiday Compensation—A new employee who is not on full-time regular paid status for the entire payperiod in which a holiday occurs shall not be eligible for holiday compensation during that payperiod. An employee receiving long-term disability benefits shall not be eligible for holiday compensation. Article 11.Paid Leaves 11.1.Vacation—Employees shall earn and be granted vacation leave. 11.1.1.Vacation Accrual Rates—Employees shall accrue vacation hours in accordance with the following schedule: Accrual Rate Biweekly Annual 1st to 4th years........................5.54 hours ....................144 hours 5th to 10th years......................8.31 hours ....................216 hours 11th to 14th years....................11.08 hours ..................288 hours 15th to 24th years....................13.85 hours ..................360 hours 25th and succeeding years .....16.62 hours ..................432 hours 11.1.2.Vacation Selection— 11.1.2.1.Shift Vacation—Each employee shall select vacation in not less than 24- hour periods or multiple consecutive 24-hour periods by order of seniority within the department. Such selections are to be made within each shift schedule. After all employees have had the opportunity to select vacation time, those employees who have scheduled at least 144 hours of vacation during the calendar year will be allowed an additional two picks of 12-hour vacation periods each. 11.1.2.2.Vacation Staffing—No more than 2 IAFF unit employees per shift may be on vacation on any working day. However, 4 employees may be off on vacation per shift if the fire suppression staffing is above 20, or if it does not cause overtime, provided the employee requesting vacation calls before 7:45 a.m. to verify the staffing level. 11.1.2.3.Unscheduled Vacation Selection—Within the constraints of above, unscheduled vacation may be requested on a first-come basis up to one shift before the vacation would start. Ties are broken by seniority. 264 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 31 11.1.3.Vacation Cash Out—56-hour employees shall be permitted to cash out up to 96 hours of unused but accrued vacation during each calendar year. Forty-hour employees shall be permitted to cash out up to forty (40) hours of vacation during each calendar year. Vacation cash-out is subject to the following: 11.1.3.1. Employees must have scheduled at least 80 hours of vacation during the calendar year in which vacation is cashed out. 11.1.3.2. Employees must maintain a minimum of 80 hours of accrued vacation in their vacation bank at time of payout. 11.1.3.3.Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash out. 11.1.3.4. Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash out. Only time accrued during the calendar year following the irrevocable election may be cashed out. 11.1.3.5. Time may be paid out twice annually in May and November as long as employees have submitted an irrevocable election form in the prior calendar year. 11.1.4.Vacation Accumulation—Employees may not accumulate more than two times their annual accrual amount of vacation hours. Once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. The Fire Chief with City Manager approval shall have the ability to grant an exception to this provision for bargaining unit members who reach their cap and are unable to use their vacation due to exceptional circumstances to be defined by the Fire Chief. In these situations, the Fire Chief with City Manager approval shall have the authority to grant the bargaining unit member the right to cash out additional vacation or to allow the member to temporarily exceed the vacation cap. 11.1.5.Vacation Compensation Payout Upon Separation—An employee who retires or separates from City employment and who has accrued unused vacation time on record shall be compensated at the employee’s enhanced hourly rate of pay for all accumulated hours. 11.2.Sick Leave/Non-industrial Injury Illness Leave— 11.2.1.Definition—An employee who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness, or other reasons as permitted by law, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 11.2.2.Amount of Sick Leave—Employees will accrue 12 hours of sick leave per month of employment, which may be accumulated without limit. 11.2.3.Sick Leave Request—Employees shall complete and submit a request for paid sick leave for each occurrence of sick leave in accordance with the policies and procedures established by the Fire Chief. 11.2.4.Approval of Sick Leave Request—The Fire Chief or designee shall review all sick 265 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 32 July 1, 2022 through June 30, 2025 leave requests and, if approved, the request shall be granted. The Fire Chief or designee shall not unreasonably withhold approval of an employee’s sick leave request. 11.2.5.Verification of Injury or Illness— 11.2.5.1.Usual Verification—An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee’s personal affidavit of injury or illness. 11.2.5.2.Doctor or Nurse Practitioner’s Verification—The Fire Chief or designee may require a verification prepared and signed by a medical doctor, physician’s assistant, or nurse practitioner, stating that the employee was unable to perform his or her regular duties and that the employee is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of 3-consecutive shifts. In addition, the Fire Chief may require a medical verification any time there is a reasonable basis to believe that an individual employee has abused the leave. Such medical verification requests shall not be unreasonably imposed. 11.2.6.Prohibition from Engaging in Outside Occupation—An employee who is absent from duty as the result of a non-industrial injury or illness and on paid sick leave shall not perform duties in any occupation outside of the City service. This requirement is intended to ensure that an absent employee is doing all that is necessary to facilitate complete and swift recovery from the injury or illness causing temporary and/or partial disability and absence from work. 11.2.7.Sick Leave Management Plan—The purpose of the sick leave management plan is to provide a formal structure to correct excessive sick leave usage. Generally the sick leave management plan will become operative when an employee fails to respond to the supervisor’s review and counseling. If circumstances are present that warrant immediate action, the supervisor, with the approval of the Fire Chief or designee, may place an employee on a sick leave management plan in conjunction with the review and counseling of the employee concerning leave usage. 11.2.7.1.Sick Leave Threshold— 11.2.7.1.1.Employees Scheduled 56-hour Workweeks—Employees working 24-hour shifts, who exceed 144 hours or exceed 4 occurrences of sick leave per calendar year will be subject to a review of sick leave usage. 11.2.7.1.2.Employees Scheduled 40-hour Workweeks—Employees working 40-hour workweeks, who exceed 56 hours or 7 occurrences of sick leave per calendar year will be subject to a review of sick leave usage. 11.2.7.2.Leave Monitoring—The Fire Chief or designee will monitor sick leave monthly. Any pattern detected, which meets the threshold defined above, will be subject to review. 11.2.7.3.Extenuating Circumstances—Under extenuating circumstances, such as serious injury causing hospitalization, pregnancy/childbirth, or other serious illness or injury, requiring an employee to be absent from work for an extended period of time, the sick leave review and management program may be 266 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 33 suspended by the Fire Chief or designee. Leaves covered by FMLA/CFRA/PDL shall be excluded from sick leave management review. 11.2.7.4.Review and Counseling—An employee whose use of sick leave falls within the criteria outlined above shall meet with the immediate supervisor to discuss the reasons and/or causes of the leave usage. If it is determined that there are not mitigating circumstances affecting the use of sick leave, the supervisor will counsel the employee on the proper use of such leave. Corrective action, if warranted, will be discussed with the employee. 11.2.7.5.Sick Leave Management Plan Requirements—When a sick leave management plan is imposed, it will include a series of requirements that an employee must adhere to during the 12-month period the plan is in effect. Adherence to the requirements should serve to discourage excessive sick leave use. 11.2.7.6.Plan Stipulations—The sick leave management plan stipulates that an employee submit to the following when sick leave is used. 11.2.7.6.1.Personal Notification—Personally notify the on-duty shift battalion chief of the illness/absence by telephone. 11.2.7.6.2.Examination—Have an examination by a medical doctor or nurse practitioner on the day of the reported illness. 11.2.7.6.3.Affidavit—Obtain a note from a medical doctor or nurse practitioner in medical terminology that indicates the extent the employee is precluded from performing the job. A generalized medical return-to-work release signed by a health care practitioner will not suffice in meeting this requirement. 11.2.7.6.4.Other Conditions—Identify any other condition that the supervisor deems appropriate for the specific circumstances to further discourage unwarranted use of sick leave. 11.2.7.7.Disciplinary Process—Failure to adhere to the sick leave management plan prescribed by an employee’s supervisor will result in disciplinary action. 11.2.7.8.Maximum Paid Sick Leave Usage—An employee who has insufficient sick leave hours on record to cover absences from the job shall use accrued vacation prior to receiving authorization for a medical leave of absence without pay. 11.3.Bereavement Leave—An employee may be granted leave of absence without loss of salary or benefits upon the death or for the funeral of a family member as defined below. 11.3.1.Definition of Family Member for Bereavement Leave—This leave may be granted for any of the following persons: spouse, domestic partner registered with the State of California, child, child-in-law, parent, parent-in-law, step-parent, sibling, sibling-in- law, step-sibling, grandparent. 11.3.1.1.Non-family Member Leave—Additionally, other such persons may be included in this provision if, in the opinion of the Fire Chief or designee, there exists an extraordinarily close relationship between the employee and the person in question. Leave for these other such persons other than family members as described above shall be charged to vacation leave. 11.3.2.Leave Within California—Employees may be granted up to a maximum of 48 on- 267 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 34 July 1, 2022 through June 30, 2025 duty hours per occurrence for the death or to attend the funeral of a family member within California. 11.3.3.Leave Outside California—Employees may be granted up to a maximum of 72 on- duty hours per occurrence for the death or to attend the funeral of a family member outside of California. 11.4.Medical Appointment Leave—Employees shall receive leave with pay for appointments with medical doctors and dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur on an off-duty day. An employee requesting such paid leave shall receive approval of the Fire Chief or designee prior to taking the leave. Such leave shall be authorized only for the actual time necessary for the appointment and a reasonable travel time to and from the appointment. Employees shall be required to submit a personal statement describing the nature and need of such visits. The City reserves the right to confirm or verify any appointment for which such leave is authorized. 11.4.1.Medical Appointment Leave Charged to Sick Leave for 56-hour Employees—The first 11.2 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. 11.4.2.Medical Appointment Leave Charged to Sick Leave for 40-hour Employees—The first 8 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. 11.5.Protected Sick Leave—Employees are permitted to use up to half of their annual sick leave accrual, in any calendar year, for the diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any family member as defined below, or any other purpose required by law. 11.5.1.Definition of Family Member for Sick Leave—For purpose of this section, “family member” of the employee is defined as follows: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling. 11.5.2.Leave Amount—One-half of the employee’s annual accrual of sick leave is protected and many be used for any of the purposes identified above. 11.5.3.Concurrent Use of Leave—This leave may run concurrently with any family care leave permitted under federal or state law. 11.5.4.Leave Accounting—The accounting for protected sick leave shall be on a payroll calendar year basis, effective the pay period including January 1 st of each year. 11.5.5.Notification Procedures—An employee using such leave is required to state the name of the family member, for the absence on the appropriate City form. 11.5.5.1.Leave Notification—Leave usage forms and notification procedures will continue to be used, and employees may be required to submit a health care practitioner’s verification of injury or illness of the family member for any period of time that the employee requests family care leave. Such medical verification requests shall not be unreasonably imposed. 11.5.5.2.Leave Verification—In addition, employees shall be required to submit a doctor or nurse practitioner’s medical certification, verifying the actual injury or 268 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 35 illness of the employee’s family member if an employee requests family care leave subsequent to having been absent from a normally scheduled on-duty shift for a period of 48 consecutive hours. Such medical verification shall not be unreasonably imposed. 11.6.Industrial Injury or Illness Leave—An employee who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of the classification as a result of an injury or illness, which has been determined to be industrially caused shall be granted Industrial Injury or Illness Leave without loss of salary or benefits. 11.6.1.Administration of Leave—The requirements and the amount of Industrial Injury or Illness Leave granted an employee are prescribed in Labor Code Section 4850 and its related sections in effect at the time of the industrial illness or injury. 11.6.2.Modified-duty Program—The department has a modified-duty program described in another section of this agreement. 11.6.3.Prohibition from Engaging in Outside Occupation—An employee who is absent from duty as a result of an industrial injury or illness and receiving Industrial Injury or Illness Leave shall not perform duties in any occupation outside of the City service. This requirement is intended to ensure that the employee is doing all that is necessary to facilitate complete and swift recovery from the injury or illness that caused the absence from duty and temporary and/or partial disability. 11.7.Pregnancy Disability and Childcare Leave—Employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or the placement of a child with an employee in connection with adoption. These leaves may run concurrently with Pregnancy Disability, Family Medical Leave Act, or California Family Rights Act leaves. Article 12.Leave Conversion 12.1.Leave Conversion Factors—Employees who change workweek schedules shall be entitled to the following conversions. An employee working 56-hour schedule changing to a 40-hour schedule will have accrued hours converted to a 40-hour equivalent workweek. Employees working a 40-hour schedule changing to a 56-hour schedule will have accrued hours converted to a 56-hour equivalent workweek. The following conversion factors apply for each leave type: 12.1.1.56-hour Schedule—A 56-hour schedule changed to a 40-hour workweek schedule will have leaves converted in the following manner. 12.1.1.1.Sick Leave Conversion—Accrued sick leave hours will be converted by multiplying by a factor of .7142857. 12.1.1.2.Vacation Leave Conversion—Accrued vacation hours will be converted by multiplying by a factor of .555. 12.1.1.3.Vacation Buy-back—Employees who have scheduled and taken a minimum of 144 hours of vacation shall be permitted to receive the cash value of up to 72 hours of unused but accrued vacation. The cash value will be determined by 269 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 36 July 1, 2022 through June 30, 2025 multiplying the hours to be paid by the employee’s enhanced hourly rate of pay. 12.1.2.40-hour Schedule—A 40-hour schedule changed to a 56-hour workweek schedule will have leaves converted in the following manner. 12.1.2.1.Sick Leave Conversion—Accrued sick leave hours will be converted by multiplying by a factor of 1.4. 12.1.2.2.Vacation Leave Conversion—Accrued vacation hours will be converted by multiplying by a factor of 1.8. 12.1.2.3.Vacation Buy-back—Employees who have scheduled and taken a minimum of 80 hours of vacation during each calendar year shall be permitted to receive the cash value of up to 51.4 hours of unused but accrued vacation. For Vacation Buy-back purposes only, when assigned a 40-hour workweek schedule, each hour has a 1.2857-hour equivalency. The cash value of the buy-back hours will be determined by multiplying the hours to be paid by the employee’s enhanced hourly rate of pay. Article 13.Long-term Disability Program 13.1.Application for Benefits—An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued paid leave and sick leave for which the employee is eligible up to the 30th calendar day of disability, may file an application for long-term disability insurance benefits in accordance with the requirements of the long-term disability insurance plan. 13.2.Elimination Period—The elimination period for the long-term disability plan is 30 days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 13.3.City Determination—If an employee has a long-term disability, the City shall determine from medical documentation whether the employee is permanent and stationary or whether the employee is temporarily disabled: 13.3.1.Permanent and Stationary Status—An employee is considered permanent and stationary is he/she is incapacitated from performing the full scope of the usual and customary duties of the classification. 13.3.2.Temporary Disability Status—An employee is considered temporarily disabled if the medical prognosis for the employee’s eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. 13.4.Permanent and Stationary Determination—If the City determines from medical documentation that the employee with or without accommodation is permanent and stationary, the City may retire the employee or otherwise separate the employee from the classification and/or from City service. 13.5.Temporary Disability Determination—If the City determines that the employee is temporarily disabled from performing the full scope of the usual and customary duties of 270 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 37 the classification and that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a period appropriate to the time necessary to determine the employee’s ability to completely recover, or the City may not grant such leave and separate the employee from the classification and/or from City service in accordance with applicable law. 13.6.Permanent and Stationary Determination During Leave of Absence—If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover, and the employee’s disability becom es permanent and stationary during the period of such leave, and the employee is precluded from performing the duties of the classification with or without accommodation from, then the City may retire the employee on a disability retirement or otherwise separate the employee from the classification and/or City service at the time the employee’s condition becomes permanent and stationary in accordance with applicable law. 13.7.Accrued Vacation Payment—Upon becoming eligible for long-term disability benefits and being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee’s ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 13.8.Insurance Premium Payment—The City will continue to pay the insurance premiums on behalf of a disabled employee and dependents if the employee has elected these benefits, pursuant to the provisions for such payments otherwise provided in this agreement, until the date of the employee’s separation from City service. Article 14.Modified-duty Program 14.1.Modified Duty Program—The purpose of the modified-duty program is to prevent deterioration of skills, facilitate recovery, and eliminate a potential for income loss. It minimizes the loss of productive time while at the same time reintroducing the employee to work. Modified duty assignments will be structured so employees are not placed in a duty status that would aggravate an injury or illness. 14.2.Coverage—Employees who suffer a temporary or partial disability due to an industrial or non-industrial injury or illness will be covered by this modified duty program. 14.2.1.Determination and Required Reports— 14.2.1.1.Assignments—Modified duty assignments may be made following evaluation and determination by the Fire Chief or designee. The determination will be based on available medical information, and in consultation with the employee or the employee’s immediate supervisor. Determinations will also be based on the needs of the City and the impact of modified duty on departmental operations. 14.2.1.2.Evaluation and Determination—The evaluation and determination of modified duty assignments may be initiated by the Fire Chief or designee, at the request of the employee’s immediate supervisor, or at the request of the employee. 271 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 38 July 1, 2022 through June 30, 2025 14.2.1.3.Medical Reports—Once the initial medical report is received by the department, updated medical reports shall be submitted to the Fire Chief or designee at two-week or other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a modified duty assignment has been made. 14.2.1.4.Review of Assignment—Reports will be evaluated by the Fire Chief or designee for purposes of commencing, continuing, or terminating a modified duty assignment. 14.3.Modified-duty Assignments, Definitions, and Restrictions— 14.3.1.Assignments—Modified duty assignments may consist of reduced work hours, limited work, or any combination thereof. 14.3.2.Impact to Employee—Modified duty assignments will not adversely affect the employee’s normal enhanced biweekly gross wages or retirement benefits. 14.3.3.Fire Department Assignments—Modified duty assignments will be within the employee’s assigned department and will involve work that is within the employee’s work limitations. 14.3.4.Normal Business Hour Assignments—The employee may be assigned modified- duty work during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 14.3.5.Case-by-Case Review—Specific modified-duty assignments will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 14.3.6.Field Emergency Responses—Employees will not be placed in modified duty assignments that, in the normal course of events, will require a direct field emergency response. 14.3.7.Reevaluations—The employee shall be allowed to leave the modified duty assignment due to any discomfort from or aggravation to the injury or illness, which necessitated the employee going on modified duty status. Absences of 2 or more occurrences during a modified duty assignment shall require an appointment and evaluation with the treating physician. 14.3.8.Uniforms—Employees shall not be required to wear a uniform while on modified duty assignments. 14.3.9.Holidays—Employees in a 40-hour per week modified duty status shall receive the same holiday compensation as if still working in a 56-hour workweek assignment. 14.3.10.Vacation Scheduling—Employees assigned to modified duty work shall take their vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been if the employee had remained on full duty. 14.4.Return-to-Full-duty Status—Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the essential functions of the classification with or without accommodation. Article 15.Layoff and Demotion Policy 15.1.Reduction in Force—In the event of a reorganization or reduction in force, the employee 272 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 39 with the least service in the affected classification shall be demoted first. The demoted employee shall be reassigned to a lower-related classification or assignment held by an employee with less department seniority. 15.2.Displaced Employees—If the demoted employee will displace another employee with less department seniority, and is not deemed capable by the City to work in that classification or assignment, the demoted employee shall be laid off. The employee with the least City service shall be laid-off first and so on until no further layoffs are needed. This layoff and demotion practice shall continue through the ranks until the lowest classification is reached and no further layoffs are needed. 15.3.Seniority—When layoffs are to occur, seniority is determined by years of service with the City, not Fire Department years of service. Article 16.Residence Requirements Employee must reside within a six hundred and sixty (660) miles radius of Fire Station 61. Article 17.Emergencies Nothing contained in this agreement shall limit the authority of the department and the City to make necessary changes during emergencies. The department and/or the City shall notify the Union of such changes as soon as possible. Emergency assignments of employees shall not exceed beyond the period of the crisis. An emergency is defined as an unforeseen circumstance requiring immediate implementation of the change. Article 18.Discipline Provision Employees covered by this agreement shall have the right to appeal the following kinds of discipline, which shall only be imposed for just and proper cause, using the grievance procedure contained in this agreement, or, at the employee’s option, to the Personnel Board using the appeal procedure specified in the City’s personnel rules for termination, demotion from one classification to another classification, in-grade pay reduction, suspension without pay, and involuntary removal from a special assignment where the removal results in a loss in base salary or loss of assignment pay. Employees do not have the right to appeal other forms of discipline, such as verbal counselling and written reprimands. Employees who appeal from a disciplinary action must state in writing in paper, initiating the appeal whether it shall be decided using the grievance procedure contained in this agreement or the appeal procedure specified in the City’s personnel rules. Notwithstanding a request from an employee using the grievance procedure contained in this agreement that his/her disciplinary appeal be heard by an arbitrator, and an appeal of a disciplinary action shall not be advanced to binding arbitration unless the Union’s President notifies the City’s Human Resources Director in writing within 30 days after receipt of the City Manager’s decision by the employee that the Union requests 273 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 40 July 1, 2022 through June 30, 2025 that the appeal be advanced to arbitration. Article 19.Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by employees covered by this agreement. 19.1.Definition of a Grievance—A grievance is defined as an allegation by an employee or a group of employees that the City has failed to provide a condition of employment, established by this agreement, provided that the condition of employment is not a matter within the discretion of the Fire Chief or the City. This grievance procedure shall not apply to matters over which the Personnel Board has jurisdiction. 19.2.Stale Grievance—A grievance shall be void unless filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment that has been established by this agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. In no event shall a grievance include a claim for money relief for more than the 45-calendar day period, plus such reasonable discovery period. 19.3.Informal Discussion with Employee’s Supervisor—Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent him/herself individually. Or the employee may request the assistance of an employee representative of choice, who has been officially authorized by the Union, pursuant to this agreement, to put in writing and formally present the grievance. 19.4.Formal Written Grievance to Employee’s Battalion Chief—If the employee chooses to formally pursue the grievance, it shall be presented in writing to the Battalion Chief within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the Article, Section, and/or Subsection of this agreement alleged to have been violated by the City and shall specify dates, times, places, persons, and other facts necessary for a clear understanding of the matter being grieved. Within 15-calendar days of receipt of the written grievance, the Battalion Chief shall respond to the grievance with an answer in writing. If the grievance is not resolved at this level, the employee shall have 15-calendar days from receipt of the Battalion Chief’s answer in which to file an appeal to the Fire Chief. 19.5.Waiver of Battalion Chief Review—If the grievance is not resolved after the informal discussion with the employee’s immediate supervisor, the grievant and the Battalion Chief may, by mutual agreement, waive review of the grievance by the Battalion Chief and proceed to present the grievance to the Fire Chief or designee. 19.6.Grievance to Fire Chief—The Fire Chief or designee shall have 15-calendar days after receipt of the grievance to review and answer it in writing. A meeting between the Fire Chief or designee and the grievant and designated representative is required at this level unless waived by mutual agreement. 19.7.Arbitration of Grievance—In the event that the grievance is not resolved by the Fire 274 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 41 Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire Chief’s decision, request that the grievance be heard by an arbitrator. 19.8.Informal Review by the City Manager—Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee shall informally review the grievance and determine whether the grievance may be adjusted to the satisfaction of the employee. The City Manager or designee shall have 15-calendar days in which to review and seek adjustment of the grievance. 19.9.Selection of Arbitrator—The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or representative. If the City Manager or designee and the grievant or representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or representative shall then alternately strike names from the list until only one name remains, and that person shall serve as the arbitrator. 19.10.Arbitrator Review—The provisions for arbitration are not intended and shall not be construed to empower the arbitrator to change any condition of employment, specifically covered by this agreement or to revise, modify, or alter, in any respect, any provision contained in the agreement. 19.11.Duty of the Arbitrator—Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and disposition of the grievance, which shall be final and binding upon the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the agreement applicable to the grievance. 19.12.Payment of Costs—Each party to a hearing before an arbitrator shall bear their own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne half by the City and half by the grievant. 19.13.Effect of Failure of Timely Action—Failure of the employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. 19.14.Non-Union Representation—In the event that an employee chooses to represent him/herself, or arranges for a representative independent of the Union, the Fire Chief and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this agreement. In the event an employee shall elect a hearing independently under this Article, the Union shall have the right to be a full and equal party to such proceedings for the purpose of protecting the interests of its members under the terms of the agreement. Article 20.Agreement, Modification, and Waiver 20.1.Full and Entire Agreement—This agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing Understanding and agreements over these matters between the parties, whether formal or 275 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 42 July 1, 2022 through June 30, 2025 informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this agreement are found to be in conflict with a City rule, regulation, or resolution, the provision of this agreement shall prevail over such conflicting rule, regulation, or resolution. 20.2.Written Modification Required—No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties unless made and executed in writing by all parties and approved by the City Council. 20.3.Waiver—The waiver of any breach, term, or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 20.4.Term of Agreement—The term of this agreement is from July 1, 2022 through June 30, 2025. Signatures Except as amended herein and hereby, all terms and conditions of the agreement between the City of South San Francisco and the International Association of Firefighters, Local 1507 as set forth originally in the Memorandum of Understanding for the period of July 1, 2022through June 30, 2025 shall remain in full force and effect for the contract term set forth herein. Signed this ______ day of ________, 2022: Tim Cantillon, Chief Negotiator Donna Williamson, Chief Negotiator Todd Rael Leah Lockhart, Human Resources Director Jesse Lange Mike Futrell, City Manager Tom Biberston Caitlin Bucceri Devin Flannery Larry Rosales 276 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 43 Appendix A Classifications The current classifications in this unit are the following: x Paramedic Firefighter Recruit x Paramedic/Firefighter x Fire Apparatus Engineer x Fire Captain x Safety Inspector I (40-hour schedule) x Safety Inspector II (40-hour schedule) x Senior Safety Inspector III (40-hour schedule) x Deputy Fire Marshal 277 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 44 July 1, 2022 through June 30, 2025 Appendix B Salary Schedule Effective September 30, 2022 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Fire Apparatus Engineer B120 $41.78 $43.87 $46.06 $48.37 $50.78 Fire Apparatus Engineer (40 Hours)B121 $58.48 $61.40 $64.47 $67.70 $71.08 Fire Captain (40 Hours)B101 $65.37 $68.64 $72.07 $75.67 $79.46 Fire Captain (56 Hours)B100 $46.70 $49.04 $51.49 $54.06 $56.76 Paramedic Firefighter B130 $41.78 $43.87 $46.06 $48.37 $50.78 Paramedic Firefighter Recruit (40 Hours)B135 $55.69 Safety Inspector I B200 $56.53 $59.35 $62.32 $65.44 $68.71 Safety Inspector II B195 $62.15 $65.26 $68.52 $71.95 $75.55 Safety Inspector III B190 $66.84 $70.19 $73.70 $77.38 $81.25 278 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 45 Appendix C Union Time Bank The City and the Union agree that a Union Time Bank will be established during the term of this Agreement. The conditions for use of the bank will be established by mutual agreement, with the parties making all reasonable efforts to have the Time Bank established and available for use no later than December 31, 2012. It is understood that the use of the Time Bank cannot result in financial cost to the City or have an adverse impact on staffing. 279 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 Page 46 July 1, 2022 through June 30, 2025 Appendix D SIDELETTER OF AGREEMENT Between the City of South San Francisco and the IAFF Local 1507 The following list of issues are on-going in nature and will take more time to resolve. Therefore, the parties agree to the following with respect to completing these processes: 1. Personnel Rules and Regulations: The City is in the process of updating the Personnel Rules & Regulations/Personnel Board Rules and this process will extend beyond this bargaining process. The City reserves the right to make changes to these rules and processes during the term of this Agreement subject to meeting all meet and confer obligations related to any changes. 2. Catastrophic Leave: The City is in the process of developing a catastrophic leave program. The City agrees to satisfy all meet and confer obligations related to this program prior to the implementation of the program. The City agrees to hold the first meeting with the IAFF no later than 90 days from the date of adoption of the successor MOU. The City plans to complete this process not later than June 30, 2023. 3. Paid Family Leave: The City is in the process of implementing a paid family leave benefit through the City’s disability insurance program. Prior to implementation the City will meet with Local 1507 to discuss options for the paid family leave benefits. 4.Workers’ Compensation/Modified Duty/Reasonable Accommodation Policy: The City is in the process of updating the City processes related to workers’compensation including modified duty and the reasonable accommodation process. The City plans to compete this process no later than June 30, 2023. The City shall meet with Local 1507 at least quarterly and more frequently by mutual agreement of the parties so that IAFF issues related to these programs may be address as part of this process. The parties agree to make contract language changes, if needed, by mutual agreement. The City agrees to satisfy any meet and confer requirements, if any, that emerge from this process. During the term of this agreement, the City and Local 1507 will also meet to discuss the possibility of an Alternative Dispute Resolution (ADR) carve-out program for Worker’s Compensation and either party may submit a proposal for such a program. The decision to implement a carve-out program shall only be by mutual agreement and any such Agreement is subject to approval by the State Division of Worker’s Compensation. 5. Discretionary Benefit Option (DBO): In the event that the parties discover that contributions to the employee’s deferred compensation account are not eligible under IRS rules for this program, the parties will promptly meet and confer to bring this plan into compliance. 280 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2022 through June 30, 2025 Page 47 6. Qualified Fire Investigator/Fire Investigator Standby Pay: Upon request of either party, the parties agree to meet and confer on the subject of Qualified Fire Investigator Pay and Qualified Investigator Standby pay. Article 6.6 of this agreement may be modified by mutual agreement as a result of this meet-and-confer process. ___________________________________ ____________________________________ For the City date For Local 1507 date Published by Human Resources Department City of South San Francisco Street Address: First Floor City Hall Mailing Address: 400 Grand Avenue P. O. Box 711 South San Francisco CA 94080 South San Francisco CA 94083 Web Site 650/877-8522 Tel www.ssf.net 650/829-6699 Job Line 650/829-6698 Fax 281 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-820 Agenda Date:9/28/2022 Version:1 Item #:15b. Resolution to Approve a Side Letter Agreement to the Memorandum of Understanding between the City of South San Francisco and International Union of Operating Engineers Local 39 for July 1, 2022 to June 30, 2025 and Approving Budget Amendment number 23.019 WHEREAS, on June 22, 2022 City Council approved a Memorandum of Understanding between the City and International Union of Operating Engineers (IUOE) Local 39 for a term of July 1, 2022-June 30, 2025; and WHEREAS, the MOU provided for an across-the-board wage adjustment of five percent (5%) in 2022, three percent (3%) in 2023, and three percent (3%) in 2024; and WHEREAS, based on significant changes in local and national economic conditions, and after review of the financial condition of the City, Council authorized staff to negotiate agreements with employee bargaining units with wage adjustments of up to six percent (6%) in 2022 and four percent (4%) in 2023. WHEREAS, the parties desire to amend the MOU to provide for an addition one percent (1%) wage increase in 2022, an additional one percent (1%) wage increase in 2023, and minor adjustments to classification-based equity increases provided for in the MOU; and WHEREAS, staff recommends approval of a Side Letter Agreement to the MOU to incorporate the increase adjustments for 2022 and 2023. NOW, THEREFORE, be it resolved by the City Council of the City of South San Francisco that the City Council hereby: 1. Approves the Side Letter to the MOU between the City of South San Francisco and IUOE Local 39 for July 1, 2022-June 30, 2025, attached hereto as Exhibit A; and 2. Approves budget amendment 23.019 to adjust the Fiscal Year 2022-2023 Operating Budget to include $44,200 in additional employee costs. ***** City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™282 283 284 City of South San Francisco Wage Tables for IUOE Local Effective 7/8/22 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Environmental Compliance Inspector - Senior D160 $54.00 $56.70 $59.53 $62.51 $65.64 Environmental Compliance Inspector I D210 $43.52 $45.70 $47.98 $50.38 $52.90 Environmental Compliance Inspector II D155 $47.88 $50.27 $52.78 $55.42 $58.19 Laboratory Chemist D120 $49.86 $52.35 $54.97 $57.72 $60.61 Laboratory Chemist - Senior D170 $57.61 $60.49 $63.51 $66.69 $70.02 Plant Electrician I D105 $42.91 $45.06 $47.31 $49.68 $52.16 Plant Electrician II D140 $47.20 $49.56 $52.04 $54.64 $57.37 Plant Mechanic - Apprentice D220 $33.70 $36.30 $38.89 $41.48 $44.07 $46.67 $49.26 $51.85 Plant Mechanic I D130 $38.76 $40.70 $42.73 $44.87 $47.11 Plant Mechanic II D135 $42.66 $44.79 $47.03 $49.38 $51.85 Plant Mechanic- Lead D180 $48.08 $50.48 $53.00 $55.65 $58.43 Plant Operator - Apprentice D100 $32.27 $34.76 $37.24 $39.72 $42.20 $44.69 $47.17 $49.65 Plant Operator I D145 $37.12 $38.98 $40.93 $42.98 $45.13 Plant Operator II D150 $40.86 $42.90 $45.04 $47.29 $49.65 Plant Operator III D200 $42.89 $45.03 $47.28 $49.64 $52.12 Plant Operator- Lead D190 $47.17 $49.53 $52.01 $54.61 $57.34 Plant Utility Worker D125 $33.99 $35.69 $37.47 $39.34 $41.31 285 City of South San Francisco Wage Tables for IUOE Local Effective 7/8/22 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Environmental Compliance Inspector - Senior D160 $54.00 $56.70 $59.53 $62.51 $66.30 Environmental Compliance Inspector I D210 $43.52 $45.70 $47.98 $50.38 $53.43 Environmental Compliance Inspector II D155 $47.88 $50.27 $52.78 $55.42 $58.77 Laboratory Chemist D120 $50.49 $53.01 $55.66 $58.45 $61.37 Laboratory Chemist - Senior D170 $58.33 $61.24 $64.30 $67.52 $70.90 Plant Electrician I D105 $43.38 $45.55 $47.83 $50.22 $52.73 Plant Electrician II D140 $47.72 $50.10 $52.61 $55.24 $58.00 Plant Mechanic - Apprentice D220 $34.04 $36.66 $39.28 $41.89 $44.51 $47.13 $49.75 $52.37 Plant Mechanic I D130 $39.15 $41.10 $43.16 $45.32 $47.58 Plant Mechanic II D135 $43.08 $45.24 $47.50 $49.87 $52.37 Plant Mechanic- Lead D180 $48.55 $50.98 $53.53 $56.20 $59.01 Plant Operator - Apprentice D100 $32.60 $35.10 $37.61 $40.12 $42.62 $45.13 $47.64 $50.15 Plant Operator I D145 $37.50 $39.37 $41.34 $43.41 $45.58 Plant Operator II D150 $41.26 $43.32 $45.48 $47.76 $50.15 Plant Operator III D200 $43.31 $45.47 $47.75 $50.13 $52.64 Plant Operator- Lead D190 $47.65 $50.03 $52.53 $55.16 $57.91 Plant Utility Worker D125 $34.33 $36.04 $37.84 $39.74 $41.72 286 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-625 Agenda Date:9/28/2022 Version:1 Item #:16. Report regarding a resolution to accept the Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and authorizing the write-off of $370,172.56 in uncollectable ambulance billing accounts receivable.(Richard Walls, Emergency Medical Services Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting the Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and authorizing the write-off of $370,172.56 in uncollectable ambulance billing accounts receivable. BACKGROUND/DISCUSSION The purpose of this staff report is to update the City Council on the South San Francisco Fire Department (SSFFD) advanced life support (ALS) and basic life support (BLS) ambulance service fees collected for FY21- 22 and request authorization for the write-off of 342 uncollectable ambulance billing accounts receivable, including aged accounts status and write-off practices. Fees Collected Total ambulance fees collected for Fiscal Year 2021-22 (FY21-22) was $2,974,010. This is $153,588 or 6% more than the revenue generated during the same period in FY20-21. Minor differences can be attributed to call volume and payer mix variations year over year. Ambulance revenues for each quarter of FY21-22 are detailed in the following table. FY 2022 Quarterly Revenue 1 2 3 4 Total ALS $678,921.43 $656,832.34 $715,075.86 $684,744.41 $2,735,574.04 BLS $46,149.46 $46,973.50 $78,491.15 $66,822.58 $238,436.69 Total $725,071.89 $703,807.84 $793,570.01 $751,570.99 $2,974,010.73 Since staff first presented to Council on ambulance financials in 2016, new procedures, software, more effective primary billing management, better internal processes and the addition of a secondary billing contractor have all led to more stable revenue. The combination of these strategies ensures that every avenue to retrieve revenue for service is explored prior to bringing any account to Council for write-off. Staff periodically returns to Council with a recommendation to write-off aged account receivables that have been thoroughly processed and have been determined to be uncollectable. A detailed list of accounts and a table showing age and value of accounts will be included in each write-off request. Expenditures Versus Fees Collected City of South San Francisco Printed on 9/23/2022Page 1 of 4 powered by Legistar™287 File #:22-625 Agenda Date:9/28/2022 Version:1 Item #:16. After adjusting for revenue, the net operating cost of our ALS ambulances for FY21-22 was $1,581,670. In addition to the high Emergency Medical Services (EMS) level we provide to our community, ambulance service fee set the total personnel cost of an EMS Battalion Chief and fielding four fire operations/suppression personnel each day.Net operating costs also account for medical supplies, equipment, and vehicle costs. These four fire operations/ suppression personnel are dual-role, Paramedic/ Firefighters assigned to the ALS ambulances, are part of the twenty personnel on duty each day responding as part of our effective response force to all call types including EMS. The net operating cost of our BLS ambulance for FY21-22 was $1,608. The BLS ambulance has increased its hours of operation to include 12 hours on Saturday and Sunday. This is important because as call volume has increased, the BLS ambulance has operated as back-up to our ALS transport capacity 12 hours a day, 7 days a week during the busiest hours of the day. The BLS ambulance allows less critical calls to be triaged resulting in an increase in reliability of our ALS units for more critical incidents when necessary. In addition to improving ALS reliability the BLS ambulance allows the ALS ambulances to be available for other required tasks like training, non-EMS responses, equipment, station and hydrant maintenance, pre-fire planning and critical documentation. The BLS ambulance also reduces our emergency medical transport reliance on outside private transport vendors, keeping our ambulance response time consistent. Lastly, the BLS ambulance has been a reliable entry-level program, giving individuals who are interested in the fire service their first introduction to the profession and giving them opportunities to assist with community education, CPR, and fire extinguisher training. FY2021-22 ALS FINANCIAL SUMMARY Personnel Cost $3,684,860 Supplies $632,384 Total Cost $4,317,244 Revenue $2,735,574 Annual net cost ($1,581,670) FY2021-22 BLS FINANCIAL SUMMARY Personnel Cost $229,890 Supplies $16,339 Total Cost $246,229 Transport Revenue $238,437 Health & Safety Revenue $6,184 Revenue Total $244,621 EMS Program Offset ($1,608) Prior Year Comparison The following information is the net operating costs for 20-21. This has been added as a year over year comparison. City of South San Francisco Printed on 9/23/2022Page 2 of 4 powered by Legistar™288 File #:22-625 Agenda Date:9/28/2022 Version:1 Item #:16. FY2020-21 ALS FINANCIAL SUMMARY Personnel Cost $3,433,257 Supplies $525,264 Total Cost $3,958,520 Revenue $2,582,328 Annual net cost ($1,376,192) FY2020-21 BLS FINANCIAL SUMMARY Personnel Cost $196,443 Supplies $9,770 Total Cost $206,213 Transport Revenue $231,663 Health & Safety Revenue $7,580 Revenue Total $239,244 EMS Program Offset $33,031 Call volume and revenue continue to grow. Billing practices and policies put into place over the past several years have helped to stabilize revenue and keep it more tightly correlated to call volume and payer mix. Fees for transport services help offset personnel and equipment cost for the enhanced ALS transport service and maintain an effective response force for non-medical emergencies as the City grows. The BLS transport has become a reliable back-up transport service helping to maintain response time and reliability of ambulance service in the City and has become a fruitful program for people new to public safety and emergency response services. Uncollectable Ambulance Debt Write-off Since December 2015, the SSFFD and Finance Department have implemented accounting practices that allow for periodic financial reviews and write-offs by Council. Once all accounts have been processed by our primary and secondary billing contractors, the remaining outstanding balances are then forwarded to SSFFD for write- off consideration. This request includes 342 uncollectable accounts totaling $370,172.56. It is the goal of the SSFFD to regularly report the status of these accounts. Accounts that have been vetted and no longer have recoverable revenue will be recommended for write-off. With regular reporting we anticipate a more consistent number of accounts and write-off balance. Attachment 1, Recommended Write-Off Summary, summarizes the accounts by year. Using procedures put in place, and with the assistance of City Council, staff has worked to greatly reduce the number of uncollectible accounts, decreasing the accumulated aged accounts balance. This write-off request is the first since May 12, 2021, and is part of our plan to present uncollectable accounts receivable to Council on a recurring basis. City of South San Francisco Printed on 9/23/2022Page 3 of 4 powered by Legistar™289 File #:22-625 Agenda Date:9/28/2022 Version:1 Item #:16. This request also includes 14 hardship waivers, totaling $21,107.60. The Centers for Medicare and Medicaid Services require a process for writing off financial hardship. In December of 2015, Council approved the hardship waiver process. RELATIONSHIP TO STRATEGIC PLAN This Staff Report is related to Strategic Plan Initiative 5 in that it is pursuing financial stability to support City operations. CONCLUSION It is recommended that the City Council adopt a resolution accepting the Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and authorizing the write-off of $370,172.56 in uncollectable ambulance billing accounts receivable Attachment: Recommended Write-Off Summary City of South San Francisco Printed on 9/23/2022Page 4 of 4 powered by Legistar™290 Year Accounts Write Off Amount 2017 2 4,250.00$ 2018 2 2,650.00$ 2019 20 37,335.55$ 2020 87 138,048.15$ 2021 220 181,214.27$ 2022 11 6,674.59$ Grand Total 342 370,172.56$ Wednesday, September 28, 2022 AMBULANCE ACCOUNT WRITE-OFF Summary 291 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-626 Agenda Date:9/28/2022 Version:1 Item #:16a. Resolution accepting Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and authorizing the write-off of $370,172.56 in uncollectable ambulance billing accounts receivable. WHEREAS, staff recommends that City Council accept Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and authorizing the write-off of $370,172.56 in uncollectable ambulance billing accounts receivable; and WHEREAS, the fees collected in FY2021-22 were $2,974,010, a 6% increase from FY20-21 which can be attributed to differences in call volume and payer mix variations; and WHEREAS, procedures, software, effective billing management, better internal processes and the addition of a secondary billing contractor have contributed to stabilizing revenue; and WHEREAS, the net operating cost of the Advance Life support (ALS) ambulances was $1,581,670 and the net operating cost for the Basic Life Support (BLS) ambulance was $1,608; and WHEREAS, fees for transport services help offset personnel and equipment cost for the enhanced ALS transport service and maintain an effective response force for non-medical emergencies as the City grows; and WHEREAS, BLS transport has become a reliable back-up transport service helping to maintain response time and reliability of ambulance service in the City and has become a fruitful program for people new to public safety and emergency response services; and WHEREAS, since December 2015, the SSFFD and Finance Department have implemented accounting practices that allow for periodic financial reviews and write-offs by Council; and WHEREAS, the number of accounts that are no longer collectable is 342 with a balance of $370,172.56, hereto attached as Exhibit A; and WHEREAS, these accounts have been vetted through the City’s primary and secondary billing vendors and no longer have recoverable revenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts Fiscal Year 2021-22 Emergency Medical Services Ambulance Financial report and approves the write-off of $370,172.56 in uncollectible ambulance billing accounts receivable, as detailed in Exhibit A, attached to this resolution and incorporated herein. BE IT FURTHER RESOLVED THAT, by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager, or his designee, to take any action consistent with the intent of this resolution. ***** City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™292 Account-Run Number Date of Service Balance 1 ESF17002889 7/13/2017 $2,200 2 ESF17003242 8/9/2017 $2,050 3 1800372 1/19/2018 $2,400 4 EMS18010931 3/7/2018 $250 5 EMS19002092 1/13/2019 $2,460 6 EMS19011554 3/11/2019 $2,052 7 EMS19016167 4/9/2019 $2,226 8 ESF19001634 4/13/2019 $2,001 9 EMS19017949 4/20/2019 $2,154 10 EMS19018590 4/24/2019 $2,103 11 EMS19020907 5/8/2019 $2,187 12 EMS19024630 5/30/2019 $2,001 13 EMS19029550 6/28/2019 $2,052 14 19031244 7/9/2019 $150 15 SOF1900004857 9/15/2019 $250 16 EMS19043411 9/22/2019 $1,842 17 EMS19045309 10/4/2019 $2,283 18 EMS19046918 10/13/2019 $1,513 19 EMS19049554 10/29/2019 $2,124 20 EMS19056502 12/10/2019 $1,825 21 EMS19056656 12/11/2019 $2,177 22 EMS19059205 12/26/2019 $2,283 23 EMS19059770 12/30/2019 $1,157 24 EMS20001390 1/9/2020 $50 25 EMS20002042 1/13/2020 $1,775 26 EMS20002421 1/15/2020 $218 27 EMS20006034 2/6/2020 $230 28 EMS20009513 2/26/2020 $449 29 EMS20009763 2/27/2020 $1,575 30 EMS20013619 3/23/2020 $449 31 EMS20014149 3/27/2020 $1,645 32 EMS20014308 3/28/2020 $2,442 33 EMS20015544 4/6/2020 $3,311 34 EMS20015846 4/9/2020 $120 35 EMS20016185 4/11/2020 $306 36 EMS20016329 4/12/2020 $1,235 37 EMS20017290 4/20/2020 $415 Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF Page 1 of 10 293 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 38 EMS20017385 4/21/2020 $2,283 39 EMS20017762 4/24/2020 $2,177 40 EMS20018599 4/30/2020 $2,177 41 EMS20020023 5/12/2020 $107 42 EMS20020897 5/19/2020 $466 43 EMS20021801 5/26/2020 $2,336 44 EMS20023611 6/8/2020 $2,389 45 SOF2000002863 6/10/2020 $2,054 46 EMS20024112 6/12/2020 $2,389 47 EMS20024674 6/17/2020 $2,389 48 EMS20028635 7/15/2020 $2,071 49 EMS20028638 7/15/2020 $210 50 EMS20028670 7/16/2020 $1,911 51 EMS20029856 7/24/2020 $2,283 52 EMS20030714 7/31/2020 $2,389 53 EMS20031177 8/3/2020 $2,037 54 EMS20031936 8/9/2020 $228 55 EMS20032322 8/11/2020 $1,123 56 EMS20032588 8/13/2020 $2,707 57 EMS20032827 8/14/2020 $300 58 EMS20034147 8/23/2020 $2,283 59 EMS20035268 8/31/2020 $2,230 60 EMS20036229 9/6/2020 $2,283 61 EMS20036680 9/9/2020 $2,336 62 EMS20037318 9/14/2020 $2,230 63 EMS20037571 9/16/2020 $446 64 EMS20038099 9/19/2020 $500 65 EMS20038273 9/20/2020 $250 66 EMS20039785 9/30/2020 $2,124 67 EMS20041349 10/10/2020 $2,283 68 EMS20041476 10/11/2020 $2,124 69 EMS20041787 10/14/2020 $2,230 70 EMS20041911 10/14/2020 $2,336 71 EMS20042024 10/15/2020 $2,283 72 EMS20042068 10/15/2020 $356 73 EMS20042700 10/19/2020 $2,230 74 EMS20042804 10/20/2020 $2,124 Page 2 of 10 294 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 75 SOF2000005236 10/20/2020 $2,283 76 EMS20043442 10/24/2020 $2,230 77 EMS20043807 10/27/2020 $2,230 78 EMS20044141 10/29/2020 $1,177 79 EMS20044220 10/30/2020 $2,336 80 EMS20044566 11/1/2020 $125 81 EMS20045143 11/5/2020 $2,177 82 EMS20045168 11/5/2020 $374 83 EMS20046301 11/13/2020 $2,389 84 EMS20046747 11/16/2020 $50 85 EMS20047703 11/22/2020 $2,071 86 EMS20048073 11/25/2020 $2,283 87 EMS20048596 11/28/2020 $2,336 88 EMS20048952 12/1/2020 $120 89 EMS20048936 12/1/2020 $225 90 EMS20049552 12/4/2020 $50 91 EMS20049824 12/6/2020 $2,124 92 EMS20049798 12/6/2020 $2,442 93 EMS20050344 12/9/2020 $2,177 94 EMS20050773 12/12/2020 $2,124 95 EMS20051217 12/15/2020 $2,177 96 EMS20051319 12/15/2020 $2,548 97 EMS20051646 12/17/2020 $2,442 98 EMS20051955 12/19/2020 $2,124 99 EMS20051812 12/19/2020 $2,071 100 EMS20052033 12/20/2020 $2,357 101 EMS20052605 12/24/2020 $2,304 102 EMS20052733 12/24/2020 $100 103 EMS20053111 12/27/2020 $478 104 EMS20053172 12/27/2020 $2,230 105 EMS20053263 12/28/2020 $307 106 EMS20053279 12/28/2020 $51 107 EMS20053550 12/30/2020 $2,283 108 EMS21000030 1/1/2021 $2,389 109 EMS21000330 1/2/2021 $2,071 110 EMS21000230 1/2/2021 $126 111 EMS21000810 1/5/2021 $2,389 Page 3 of 10 295 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 112 EMS21000912 1/6/2021 $2,389 113 EMS21000969 1/7/2021 $2,071 114 EMS21001254 1/8/2021 $2,336 115 EMS21001103 1/9/2021 $2,177 116 EMS21001402 1/9/2021 $118 117 EMS21001471 1/10/2021 $2,336 118 EMS21001778 1/11/2021 $2,516 119 EMS21002168 1/14/2021 $116 120 EMS21002643 1/17/2021 $453 121 EMS21002606 1/17/2021 $100 122 EMS21003165 1/20/2021 $2,516 123 EMS21003170 1/20/2021 $242 124 EMS21003363 1/21/2021 $2,177 125 EMS21003349 1/21/2021 $50 126 EMS21003447 1/22/2021 $123 127 EMS21003851 1/25/2021 $2,251 128 EMS21004068 1/26/2021 $50 129 EF21-532 1/28/2021 $200 130 EMS21004289 1/28/2021 $100 131 EF21-548 1/29/2021 $50 132 FF21-692 1/31/2021 $2,463 133 EF21-588 1/31/2021 $943 134 EF21-600 2/1/2021 $1,884 135 21-639 2/3/2021 $2,230 136 EF21-675 2/6/2021 $2,336 137 EF21-692 2/7/2021 $2,071 138 EF21-741 2/11/2021 $2,230 139 EF21-825 2/16/2021 $50 140 EF21-845 2/17/2021 $2,336 141 EF21-7148 2/17/2021 $75 142 EF21-852 2/17/2021 $100 143 EF21-854 2/17/2021 $2,442 144 EF21-841 2/17/2021 $435 145 EF21-7283 2/18/2021 $2,124 146 EF21-906 2/20/2021 $2,389 147 EF21-928 2/22/2021 $2,177 148 EF21-973 2/25/2021 $200 Page 4 of 10 296 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 149 EF21-980 2/25/2021 $1,671 150 EF21-993 2/26/2021 $2,071 151 EF21-988 2/26/2021 $2,071 152 EF21-1032 3/1/2021 $2,177 153 EF21-1055 3/2/2021 $2,760 154 EF21-1108 3/6/2021 $2,124 155 EF21-1126 3/7/2021 $200 156 EF21-1151 3/8/2021 $100 157 EF21-1135 3/8/2021 $150 158 EF21-1198 3/11/2021 $2,495 159 EF21-1186 3/11/2021 $488 160 EF21-1210 3/12/2021 $2,177 161 EF21-1249 3/14/2021 $1,501 162 EF21-1270 3/15/2021 $117 163 EF21-1362 3/20/2021 $2,442 164 EF21-1352 3/20/2021 $68 165 EF21-1367 3/21/2021 $114 166 EF21-1396 3/23/2021 $75 167 EF21-1395 3/23/2021 $150 168 EF21-1421 3/25/2021 $2,548 169 EF21-1423 3/25/2021 $170 170 EF21-1463 3/28/2021 $250 171 EF21-1473 3/29/2021 $2,442 172 EF21-13282 4/1/2021 $2,124 173 EF21-1516 4/1/2021 $50 174 EF21-1514 4/1/2021 $250 175 EF21-1535 4/2/2021 $120 176 EF21-1580 4/4/2021 $117 177 EF21-1585 4/4/2021 $768 178 EF21-1597 4/5/2021 $2,442 179 EF21-1631 4/7/2021 $200 180 EF21-1702 4/13/2021 $3,396 181 EF21-1723 4/14/2021 $150 182 EF21-1755 4/17/2021 $100 183 EF21-1760 4/18/2021 $200 184 EF21-1774 4/19/2021 $263 185 EF21-1777 4/19/2021 $200 Page 5 of 10 297 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 186 EF21-1786 4/20/2021 $95 187 EF21-1791 4/20/2021 $100 188 EF21-1792 4/20/2021 $200 189 EF21-1812 4/21/2021 $200 190 EF21-1890 4/26/2021 $2,389 191 EM21-16872 4/27/2021 $2,548 192 EF21-1896 4/27/2021 $50 193 EF21-1904 4/27/2021 $2,389 194 EF21-1937 4/29/2021 $200 195 EF21-1944 4/30/2021 $2,230 196 EF21-1951 4/30/2021 $50 197 EF21-1955 4/30/2021 $100 198 EF21-2081 5/9/2021 $148 199 EM21-18826 5/12/2021 $2,177 200 EF21-2125 5/12/2021 $2,336 201 EF21-2147 5/13/2021 $175 202 EF21-2167 5/15/2021 $2,389 203 EF21-2181 5/16/2021 $200 204 EF21-2179 5/16/2021 $116 205 EF21-2185 5/16/2021 $200 206 EF21-2193 5/17/2021 $295 207 EF21-2217 5/18/2021 $2,389 208 EF21-2207 5/18/2021 $2,230 209 EF21-2203 5/18/2021 $150 210 EF21-2224 5/19/2021 $2,495 211 EF21-2235 5/20/2021 $2,124 212 EF21-2263 5/23/2021 $113 213 EF21-2327 5/27/2021 $200 214 EF21-2339 5/28/2021 $99 215 EF21-2353 5/29/2021 $2,516 216 EF21-2360 5/29/2021 $2,389 217 EF21-2363 5/29/2021 $2,071 218 EF21-2381 5/30/2021 $2,389 219 EF21-2395 5/31/2021 $200 220 EF21-2401 6/1/2021 $2,283 221 EF21-2413 6/1/2021 $200 222 EF21-2420 6/2/2021 $2,442 Page 6 of 10 298 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 223 EF21-2445 6/3/2021 $50 224 EF21-2452 6/4/2021 $250 225 EF21-2468 6/6/2021 $2,654 226 EF21-2495 6/8/2021 $200 227 EF21-2511 6/9/2021 $200 228 EM21-23307 6/12/2021 $2,177 229 EF21-2566 6/12/2021 $150 230 EF21-2553 6/12/2021 $200 231 FF21-3240 6/15/2021 $2,283 232 EF21-2624 6/16/2021 $200 233 EF21-2653 6/18/2021 $250 234 EF21-2679 6/20/2021 $200 235 ESF21-2705 6/22/2021 $200 236 EF21-2712 6/23/2021 $50 237 EF21-2742 6/24/2021 $200 238 EF21-2807 6/28/2021 $200 239 EF21-2850 7/1/2021 $75 240 EF21-2881 7/4/2021 $2,124 241 EF21-2910 7/5/2021 $100 242 EF21-2926 7/6/2021 $103 243 EF21-2938 7/7/2021 $150 244 EF21-2952 7/8/2021 $123 245 EF21-3007 7/12/2021 $50 246 EF21-3036 7/14/2021 $805 247 EF21-3044 7/14/2021 $200 248 EF21-3084 7/17/2021 $512 249 EF21-3089 7/18/2021 $120 250 FF21-3962 7/22/2021 $50 251 EF21-3152 7/23/2021 $200 252 EF21-3172 7/24/2021 $212 253 EF21-3195 7/25/2021 $650 254 EF21-3191 7/25/2021 $218 255 EF21-3210 7/27/2021 $50 256 EM21-29838 7/27/2021 $100 257 EF21-3249 7/29/2021 $287 258 EF21-3257 7/30/2021 $150 259 EF21-3309 8/3/2021 $200 Page 7 of 10 299 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 260 EF21-3358 8/6/2021 $925 261 EF21-3412 8/9/2021 $250 262 EF21-3434 8/10/2021 $50 263 EF21-3476 8/13/2021 $150 264 EF21-3522 8/15/2021 $611 265 EF21-3531 8/16/2021 $120 266 EF21-3536 8/16/2021 $200 267 EF21-3573 8/18/2021 $50 268 EF21-3585 8/19/2021 $459 269 EF21-3609 8/20/2021 $250 270 EF21-3626 8/21/2021 $244 271 EF21-3653 8/23/2021 $200 272 EF21-3676 8/25/2021 $200 273 EF21-3692 8/26/2021 $1,710 274 EF21-3703 8/27/2021 $50 275 EF21-3705 8/27/2021 $300 276 EM21-34858 8/29/2021 $200 277 EF21-3781 9/1/2021 $443 278 EF21-3825 9/3/2021 $150 279 EF21-3831 9/4/2021 $50 280 EF21-3852 9/6/2021 $125 281 EF21-3886 9/7/2021 $150 282 EF21-3948 9/12/2021 $250 283 EF21-3959 9/13/2021 $50 284 EF21-3992 9/15/2021 $200 285 EF21-4015 9/17/2021 $637 286 EF21-4108 9/23/2021 $75 287 EF21-4233 9/30/2021 $112 288 EF21-4301 10/5/2021 $75 289 EM21-41047 10/8/2021 $250 290 EF21-4405 10/11/2021 $200 291 EF21-4432 10/13/2021 $100 292 EF21-4466 10/15/2021 $2,112 293 EF21-4472 10/15/2021 $150 294 EF21-4475 10/15/2021 $200 295 EF21-4484 10/16/2021 $100 296 EF21-4502 10/17/2021 $200 Page 8 of 10 300 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 297 EF21-4509 10/18/2021 $100 298 EF21-4516 10/18/2021 $200 299 EF21-4551 10/21/2021 $2,382 300 EF21-4556 10/22/2021 $200 301 EF21-4626 10/26/2021 $48 302 EF21-4686 10/29/2021 $50 303 EF21-4708 10/30/2021 $797 304 EF21-4713 10/30/2021 $200 305 EF21-4761 11/3/2021 $200 306 EF21-4826 11/7/2021 $250 307 EF21-4851 11/8/2021 $200 308 EF21-4879 11/10/2021 $488 309 EF21-4878 11/10/2021 $200 310 EF21-5059 11/23/2021 $150 311 EF21-5067 11/23/2021 $111 312 EF21-5079 11/23/2021 $50 313 EF21-5222 12/2/2021 $122 314 EF21-5259 12/4/2021 $200 315 EF21-5319 12/7/2021 $120 316 EF21-5368 12/10/2021 $200 317 EF21-5393 12/13/2021 $200 318 EF21-5433 12/16/2021 $200 319 EF21-5465 12/17/2021 $200 320 EF21-5709 12/31/2021 $116 321 EF22-22 1/2/2022 $2,436 322 EF22-45 1/3/2022 $200 323 EF22-35 1/3/2022 $200 324 EF22-99 1/6/2022 $250 325 EF22-221 1/13/2022 $150 326 EF22-507 1/27/2022 $120 327 EF22-617 2/3/2022 $200 328 19-612638 12/19/2019 2495 329 20-372235 8/14/2020 2463 330 21-225725 5/7/2021 200 331 21-401865 1/8/2021 2177 332 21-425341 8/12/2021 2336 333 22-16629 1/12/2022 221.86 Page 9 of 10 301 Account-Run Number Date of Service Balance Wednesday, September 14, 2022 AMBULANCE ACCOUNT WRITE-OFF 334 22-154514 3/13/2022 622.5 335 22-10787 1/8/2022 2166 336 21-207203 4/29/2021 2016.08 337 20-393877 8/25/2020 1827.16 338 21-553076 10/9/2021 2112 339 20-480099 10/11/2020 2071 340 EF21-4678 10/28/2021 200 341 21-529859 9/29/2021 200 342 21-595136 2/5/2022 $109 $370,173 Page 10 of 10 302 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-804 Agenda Date:9/28/2022 Version:1 Item #:17. Report regarding a resolution authorizing the acceptance of $4,492,310 in Building Forward Library Infrastructure Grant Program funding from the California State Library to support the New Main Library as part of the Library, Parks and Recreation Center project and amending the Fiscal Year 2022-23 capital improvement project and fund budget pursuant to budget amendment #23.016. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that City Council adopt a resolution authorizing the acceptance of $4,492,310 in Building Forward Library Infrastructure Grant Program funding from the California State Library to support the New Main Library as part of the Library, Parks and Recreation Center project, and amending the Fiscal Year 2022-23 capital improvement project and fund budget pursuant to budget amendment #23.016. BACKGROUND/DISCUSSION The Library Department has been awarded $4,492,310 from the California State Library as part of a statewide Building Forward Library Infrastructure Grant Program to address critical maintenance needs and public safety improvements in local libraries. A main priority for use of the funds is in addressing life safety and other critical maintenance needs in current facilities, with consideration given to projects in which new construction can be demonstrated as being more cost-effective than repairing or rehabilitating an existing facility. Due to existing poor infrastructure conditions in the current Main Library, on March 21, 2022 City staff submitted a grant request for first round funding. On September 12, 2022, staff received an “intent to fund” award letter in the amount of $4,492,310. This grant requires a $4,492,310 one-to-one match by the City. Allowable project costs include: Elevator Mechanical HVAC Mechanical Control and emergency management system Fire suppression system, fire pump Backup emergency battery Electrical including emergency lighting system Security system for the building Security gates Photovoltaic (solar panels) Library book shelving system Signage, way finding and egress Book sorting system Pending requirements to receive the first grant payment include a Resolution from City Council accepting the grant, a letter certifying availability of match funds and a signed grant agreement. The project team will City of South San Francisco Printed on 9/23/2022Page 1 of 2 powered by Legistar™303 File #:22-804 Agenda Date:9/28/2022 Version:1 Item #:17. prepare and submit a confirmed project budget and a final project implementation plan. FISCAL IMPACT Grant funds will be used to support the New Main Library as part of the Library, Parks and Recreation Center project. $4,492,310 in match funding will be a direct cash match from designated allowable funding sources already appropriated for the project. Match funds will be spent concurrently with grant funds. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant funding will contribute to the City’s Strategic Plan under Priority #2 Quality of Life by supporting life safety and critical library needs in our New Library, Parks and Recreation Center. CONCLUSION Acceptance of this resolution will support our New Main Library as part of the Library, Parks and Recreation Center project. It is recommended that the City Council accept and appropriate the $4,492,310 to support the New Library, Parks and Recreation Center capital improvement project, and designate $4,492,310 in match funds to be spent concurrently with grant funds. City of South San Francisco Printed on 9/23/2022Page 2 of 2 powered by Legistar™304 Community Civic CampusPhase 2 – Construction UpdateSeptember 28 2022305 City Council Chamber / Theater306 City Council Chamber / Theater307 Council Chamber Exterior Framing308 Atrium Outside City Council Chambers309 Medium Event Space – Social Hall310 LLobby entrance from El Camino Real (level 2)311 Paint in Library Makerspace312 Youth Library313 Youth Library – Story Time Area314 Children’s Classroom315 Elevators316 Adult Library – Level 3317 Library / P&R Administration Entrance318 Parks and Recreation Office Space319 Park Walls at Centennial Trail Connection320 GRAND OPENING - FALL 2023 !321 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-806 Agenda Date:9/28/2022 Version:1 Item #:17a. Resolution authorizing the acceptance of $4,492,310 in Building Forward Library Infrastructure Grant Program funding from the California State Library to support the New Main Library as part of the Library, Parks and Recreation Center project, and amending the Fiscal Year 2022-23 capital improvement project and fund budget pursuant to budget amendment #23.016. WHEREAS, the Library Department has been awarded $4,492,310 from the California State Library to support the New Main Library as part of the Library, Parks and Recreation Center project; and WHEREAS, funds were granted as part of a statewide Building Forward Library Infrastructure Grant Program from the California State Library to address critical maintenance needs and public safety improvements in local libraries; and WHEREAS, acceptance of this grant will contribute to the City’s Strategic Plan under Priority #2 Quality of Life by supporting life safety and critical library needs in our New Library, Parks and Recreation Center; and WHEREAS, this grant requires a $4,492,310 one-to-one match by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby accepts $4,492,310 in grant funding from Building Forward Library Infrastructure Grant Program funding from the California State Library, and hereby appropriates the funds to be used for the New Main Library as part of the Library, Parks and Recreation Center project. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to use professional judgement to make corrections to the adopted budget schedules as necessary to support New Main Library as part of the Library, Parks and Recreation Center project, including appropriate transfers between funds in an amount not to exceed $4,492,310 to support the capital improvement project referenced herein and designate $4,492,310 in match funds to be spent concurrently with grant funds, and to take other related actions necessary to achieve the intent of this Resolution. ***** City of South San Francisco Printed on 9/23/2022Page 1 of 1 powered by Legistar™322 ID Start time Completion time Language Name / Nombre Would you like to speak 1 9/28/22 11:30:32 9/28/22 17:49:30 English (United States) Tom Carney Yes / Si 2 9/28/22 17:53:34 9/28/22 17:55:02 English (United States) Brian Mansell SSF UNITEDNo3 9/28/22 18:15:31 9/28/22 18:26:52 English (United States) Toni Allen No4 9/28/22 19:22:10 9/28/22 19:22:32 English (United States) Michael Kloefkorn No