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HomeMy WebLinkAbout01.24.2024@630 Regular CCWednesday, January 24, 2024 6:30 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Library Parks & Recreation Building, Council Chambers 901 Civic Campus Way, South San Francisco, CA City Council JAMES COLEMAN, Mayor (District 4) EDDIE FLORES, Vice Mayor (District 5) MARK ADDIEGO, Councilmember (District 1) MARK NAGALES, Councilmember (District 2) BUENAFLOR NICOLAS, Councilmember (District 3) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer SHARON RANALS, City Manager SKY WOODRUFF, City Attorney Regular Meeting Agenda 1 January 24, 2024City Council Regular Meeting Agenda How to observe the Meeting (no public comment, including via Zoom): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council 3) Zoom meeting (viewing/listening only): https://ssf-net.zoom.us/j/88636346631(Enter your email and name) Webinar ID: 886 3634 6631 Join by Telephone: +1 669 900 6833 How to submit written Public Comment before the City Council Meeting: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:30 p.m. on the meeting date. Use the eComment portal by clicking on the following link : https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER During a meeting, comments can only be made in person: Complete a Digital Speaker Card located at the entrance to the Council Chambers. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Page 2 City of South San Francisco Printed on 1/25/2024 2 January 24, 2024City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation Recognizing National Gun Violence Survivors Week January 22-26, 2024. (James Coleman, Mayor) 1. COUNCIL COMMENTS/REQUESTS PUBLIC COMMENTS Under the Public Comment section of the agenda, members of the public may speak on any item not listed on the Agenda and on items listed under the Consent Calendar. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting . Written comments on agenda items received prior to 4:00 p.m. on the day of the meeting will be included as part of the meeting record but will not be read aloud. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. CONSENT CALENDAR Matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any Council member (s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar. Motion to approve the Minutes for January 10, 2024.2. Report regarding the second reading and adoption of an Ordinance approving a Development Agreement (DA22-0005) between the City of South San Francisco and HCP Forbes, LLC for the Vantage Life Science Campus Development Project at 420-490 Forbes Boulevard. (Christy Usher, Senior Planner) 3. Page 3 City of South San Francisco Printed on 1/25/2024 3 January 24, 2024City Council Regular Meeting Agenda Ordinance approving a Development Agreement (DA22-0005) between the City of South San Francisco and HCP Forbes, LLC for the Vantage Campus Development Project in South San Francisco, California. 3a. Report regarding a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library, Library I Parks and Recreation Center, for the March 5, 2024 Presidential Primary Election and amending the Library Department’s Fiscal Year 2023-24 Operating Budget via Budget Amendment Number 24.029. (Valerie Sommer, Library Director) 4. Resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library, Library I Parks and Recreation Center, for the March 5, 2024 Presidential Primary Election and approving Budget Amendment Number 24.029 4a. 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) 5. A Resolution approving the South San Francisco Fire Department’s annual inspections performance pursuant to the California Health and Safety Code Section 13146.4. 5a. Report regarding a resolution authorizing submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2023-24 revenue budget adjustment upon receipt of funds pursuant to Budget Amendment Number 24.031. (Marissa Garren, Management Analyst II) 6. Resolution authorizing submittal of an application for Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the finance director to adjust the City’s fiscal year 2023-24 revenue budget upon receipt of funds pursuant to Budget Amendment Number 24.031. 6a. Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2022-23. (Karen Chang, Director of Finance) 7. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2022-23. 7a. Page 4 City of South San Francisco Printed on 1/25/2024 4 January 24, 2024City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a resolution to approve a three-year professional services agreement with Maze and Associates, Certified Public Accountants, for independent audit services beginning with the fiscal year ending June 30, 2024, in an amount not to exceed $290,818, which includes a 10% contingency, with an option to extend for two additional fiscal years and to authorize the City Manager to execute the agreement. (Karen Chang, Director of Finance) 8. A resolution approving a three-year Professional Services Agreement with Maze and Associates, Certified Public Accountants, for independent audit services beginning with the fiscal year ending June 30, 2024, in an amount not to exceed $290,818, which includes a 10% contingency, with an option to extend for two additional fiscal years and to authorize the City Manager to execute the agreement. 8a. Report regarding a resolution accepting the Annual Comprehensive Financial Report (ACFR) and other related miscellaneous reports for Fiscal Year 2022-23 (Karen Chang, Finance Director) 9. Resolution approving the Annual Comprehensive Financial Report and other related miscellaneous reports for Fiscal Year 2022-23 9a. Report regarding a resolution appropriating $200,000 of state grant funds for the Every Kid Deserves a Bike Program and approving Budget Amendment Number 24.024. (Devin Stenhouse, Diversity, Equity, and Inclusion Officer) 10. Resolution appropriating $200,000 of state grant funds for the Every Kid Deserves a Bike Program and approving Budget Amendment Number 24.024. 10a. Report Regarding a Resolution Approving a Professional Services Agreement with Boucher Law, PC in the Amount of $100,000 for Labor Relations Consulting Services. (Leah Lockhart, Human Resources Director) 11. Resolution Approving a Professional Services Agreement with Boucher Law, PC in the Amount of $100,000 for Labor Relations Consulting Services 11a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS 2024 City Council Committee Assignments. (James Coleman, Mayor)12. Page 5 City of South San Francisco Printed on 1/25/2024 5 January 24, 2024City Council Regular Meeting Agenda CLOSED SESSION Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)) Name of case: Keahi, Devin vs. City of South San Francisco (Worker’s Compensation Appeals Board Case No. ADJ14518543) (Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human Resources Director) 13. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: Parcels on Sign Hill, South San Francisco (APNs 012-351-020, 012-351-030, 012-024-060, 012-024-070, 012-024-080, 012-024-090, 012-024-100, 012-024-110, and 012-024-120) Agency Negotiators: Nell Selander, Economic & Community Development Director; Greg Mediati, Parks and Recreation Director; and Sky Woodruff, City Attorney Negotiating parties: Syme Venture Partners LP Under negotiation: Price and terms 14. ADJOURNMENT Page 6 City of South San Francisco Printed on 1/25/2024 6 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-88 Agenda Date:1/24/2024 Version:1 Item #:1. Proclamation Recognizing National Gun Violence Survivors Week January 22-26, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 1/19/2024Page 1 of 1 powered by Legistar™7 Dated: January 24, 2024 RECOGNITION OF NATIONAL GUN VIOLENCE SURVIVORS WEEK WHEREAS, National Gun Violence Survivors Week is January 22 through January 26, 2024, and is a time to lift up the stories of gun violence survivors who live with the trauma of gun violence every single day; and WHEREAS, gun violence in any form leaves an enduring mark on the lives of those who are impacted with nearly 1 in 2 survivors indicating that they need support, services, or assistance to cope with the impact of gun violence ; and WHEREAS, we are a nation of survivors – whether someone has witnessed an act of gun violence, been threatened or wounded with a gun, or had someone they cared for wounded or killed with a gun; and WHEREAS, inequities in our justice, health, housing, and educational institutions, along with generations of discrimination and disinvestments, have fueled gun violence in black and brown communities; and WHEREAS, in 2024 we recognize the 6th annual National Gun Violence Survivors Week and every day in America at least 120 people are shot and killed, more than 200 are shot and wounded, and countless others experience the collective trauma of gun violence; and NOW, THEREFORE, BE IT RESOLVED that Mayor James Coleman and the City Council of South San Francisco do hereby proclaim January 22 – January 26, 2024, as National Gun Violence Survivors Week in South San Francisco and uplift gun violence survivors, hearing their stories and allowing them to lead the way to a brighter and safer future. ________________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-73 Agenda Date:1/24/2024 Version:1 Item #:2. Motion to approve the Minutes for January 10, 2024. City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™9 CALL TO ORDER Mayor Coleman called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Addiego, present Councilmember Nagales, present Councilmember Nicolas, present Vice Mayor Flores, present Mayor Coleman, present PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Ranals requested Item No. 12 be added to the Consent Calendar and that Item No. 14 be first under Administrative Business. ANNOUNCEMENTS FROM STAFF • Devin Stenhouse, Diversity, Equity, and Inclusion Officer COUNCIL COMMENTS/REQUESTS Councilmember Nicolas wished everyone a Happy New Year and recognized National Law Enforcement Day. She recognized Sergeant Schwartz and Captain Wall for their years of service and congratulated them on their retirement. She thanked all those who assisted in the Holiday Toy and Food Drive. She shared she attended the Joint Advisory Committee on the Childcare Master Plan and will be participating in the one-day homeless count. She requested staff provide the utilization report of the South City shuttle. She requested the meeting be adjourned in memory of Mario Gonzalez, Simone “Sam” Bonanno, Gerald “Gerry” Evans, Reynaldo Cantero, Debbie Canfield, Rosalinda De Castro Natanauan, Santurino De Los Reyes, Olimio Cubacub, Adoracion Pelayo, Purita Bulos Quema, William “Marty” Romero, and Luzviminda Amores Toledo. Councilmember Nagales requested a follow up regarding the use of the shuttle during Santa Comes to Town Event. He also requested that staff explore the traffic flow at El Camino Real. Public Works Director Kim provided an update to state that synchronization is being continuously monitored to ensure efficiency. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, JANUARY 10, 2024 6:30 p.m. Library Parks and Recreation Building 901 Civic Campus Way, South San Francisco, CA 10 REGULAR CITY COUNCIL MEETING JANUARY 10, 2024 MINUTES PAGE 2 Councilmember Addiego noted a luncheon was hosted by Phil’s Gourmet Hot Dogs for Law Enforcement Day. He shared there was discussion surrounding the increase in violence and requested that we revisit the topic of retail cannabis along with discussing parklets at the Council Retreat. He shared memories of Mario Gonzalez and recognized him for his efforts in building the relationship between our Sister City Atotonilco El Alto. He also shared longtime resident Joan Francesconi will be missed. Vice Mayor Flores recognized our law enforcement and fire department and thanked them for keeping us safe during the holidays and applauded them for their professionalism. He also highlighted and thanked staff for their efforts in holiday events to include the Toy Drive and Posada Event. He also shared the City/County Associations of Government (CCAG) would be opening a virtual feedback form in partnership with the Silicon Valley Bicycle Coalition and encouraged the community to participate. He also noted participants would receive $40 gift cards for their feedback. Mayor Coleman wished everyone a Happy New Year. He congratulated Captain Wall on his retirement and recognized him for his years of service with the Police Department. He also announced that the City was invited by America Supporting Americas to adopt a unit in the 101st Airborne Division and send care packages to those stationed abroad. He also shared the events he would be attending to include the MLK Day of service at Alta Lome Middle School, and Luna New Year Celebration at the LPR. He requested staff review the status of potholes at 280 ramps from Avalon and Westborough. PUBLIC COMMENTS – NON-AGENDA ITEMS The following individual(s) addressed the City Council: • Wendy Sinclair-Smith • Charlene Rouspil • Cynthia Marcopulos • Peggy Deras • Nanette Cole CONSENT CALENDAR The Assistant City Clerk duly read the Consent Calendar, after which the Council voted and engaged in discussion of specific items as follows. Item No. 5 was pulled by Councilmember Nagales, Item No. 7 was pulled by Councilmember Addiego and Item No. 12 was pulled by Councilmember Nicolas for further discussion. 1. Motion to approve the Minutes for December 13, 2023. (Rosa Govea Acosta, City Clerk) 2. Motion to approve re-appointments to the Parking Place Commission and Traffic Safety Commission. (Rosa Govea Acosta, City Clerk) 3. Motion to accept the construction improvements of the FY 2022-23 CDBG Curb Ramp Replacement Project (st2304) in accordance with the project’s plans and specifications. (Angel Torres, Senior Civil Engineer). 4. Report regarding Resolution No. 01-2024 approving a professional services agreement with Dell Marketing LP for the procurement and installation of server hardware in an amount not 11 REGULAR CITY COUNCIL MEETING JANUARY 10, 2024 MINUTES PAGE 3 to exceed $253,394 and authorizing the City Manager to execute the agreement. (Tony Barrera, Director of Information Technology Department) 5. Report regarding Resolution No. 02-2024 authorizing the City Manager or designee to purchase several remnant parcels (Assessor Parcel Numbers 091022010, 091022020, 091022030, 091025010, 091034080, and 015031090) with outstanding delinquent taxes in South San Francisco subject to an upcoming County of San Mateo Chapter 8 tax sale. (Nell Selander, Economic & Community Development Director; Greg Mediati, Parks & Recreation Director; and Adena Friedman, Chief Planner) 6. Report regarding Resolution No. 03-2024 authorizing the use of $61,719.33 of Police Asset Forfeiture Funds to purchase less-lethal launchers and optics. (Scott Campbell, Chief of Police) 7. Report regarding Resolution No. 04-2024 authorizing the filing of an application for the Caltrans Climate Adaptation Planning Grant for $600,000 (not to exceed $1,000,000) for the South San Francisco (SSF) Shoreline Protection and Connectivity Project. (Audriana Hossfeld, Senior Civil Engineer) 8. Report regarding Resolution No. 05-2024 authorizing the filing of a grant contract renewal for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the Fiscal Year 2024-25 Revenue Budget upon receipt of grant award. (Valerie Sommer, Library Director) 9. Report regarding Resolution No. 06-2024 authorizing the acceptance of $6,000 in grant funding from the San Bruno Community Foundation to support Project Read’s literacy services through the Learning Wheels Family Literacy Program and amending the Library Department’s Fiscal Year 2023-24 per Budget Amendment Number 24.026 (Valerie Sommer, Library Director) 10. Report regarding second reading and adoption of Ordinance No. 1652-2024 repealing and replacing Chapter 9.04 Animal Licensing and Control of the South San Francisco Municipal Code. (Rich Lee, Assistant City Manager) 12. Report regarding Resolution No. 07-2024 approving the Agreement for Construction and Reimbursement for Sewer Improvements with Southline Building 1 Owner, LLC for the public sanitary sewer main improvements on Tanforan Avenue, as Part of the Southline Development Project. (Matthew Ruble, Principal Engineer) Item No. 5: Councilmember Nagales thanked staff and the Council for their efforts and shared that he was glad this would assist in maintaining these properties. Item No. 7: Councilmember Addiego asked for clarification regarding the interstate 380 connection to Oyster Point. Senior Civil Engineer Hossfeld provided clarification and discussed the benefits of connectivity and protecting infrastructure. Item No. 12: Councilmember Nicolas asked for clarification regarding potential amendments and spending authority. Principal Engineer Ruble and City Attorney Woodruff provided clarification. 12 REGULAR CITY COUNCIL MEETING JANUARY 10, 2024 MINUTES PAGE 4 Motion – Councilmember Addiego /Second – Councilmember Nagales: To approve Consent Calendar 1-10 and 12, by roll call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None ADMINISTRATIVE BUSINESS 14. Report regarding Resolution No. 08-2024 approving Budget Amendment Number 24.027 appropriating $147,500 in the Low- and Moderate-Income Housing Fund (Fund 241) in Fiscal Year 2023-24 for the City’s Emergency Rental Assistance Program. (Nguyen Pham, Management Analyst II) Management Analyst Pham presented the report. Housing Manager Thoe and Director of Economic and Community Development Selander described the circumstances and scope in which funds would be available to applicants. Director of YMCA Community Resource Center Elida Sobalvarro provided an overview of the application process. The Council thanked Director Sobalvarro for her work and expressed their desire to obtain follow-up data on the success of applicants to remain housed. The Council also provided feedback and direction to staff to explore additional options. Motion – Councilmember Nagales /Second – Councilmember Nicolas: To approve Resolution No. 08-2024 approving Budget Amendment Number 24.027 appropriating $147,500 in the Low- and Moderate-Income Housing Fund (Fund 241) in Fiscal Year 2023-24 for the City’s Emergency Rental Assistance Program, by roll call vote: AYES: Councilmembers Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: Councilmember Addiego 11. Report regarding the draft Broadband Master Plan. (Tony Barrera, Director of Information Technology) Director Barrera provided an overview of the project and introduced Entrust Solutions Group Project Director Dave Brevitz. Project Director Brevitz presented the draft plan. The Council engaged in questions and discussions and provided direction to staff to include promoting the affordability connectivity program, follow up regarding free public Wi-Fi, and exploring adding additional fiber around Hickey Blvd and Junipero Serra Blvd. 13. Report regarding Resolution No. 09-2024 authorizing the City Manager to execute a professional services agreement with HR&A Advisors, Inc. to prepare an anti-displacement roadmap in an amount not to exceed $387,600. (Nori Dubon, Housing Fellow) Housing Fellow Dubon presented the report. HR&A Senior Analyst Myles Orr provided an overview of the way data will be collected. Kearns & West Principal Joey Goldman shared the importance of facilitation and management of discussions. The Council engaged in questions and discussions and emphasized the need to collaborate and engage with the community, residents, and organizations. Additionally, the Council requested the ability to review the charter for them to participate. Motion – Councilmember Nicolas /Second – Councilmember Nagales: To approve Resolution No. 09-2024 authorizing the City Manager to execute a professional services agreement with HR&A 13 REGULAR CITY COUNCIL MEETING JANUARY 10, 2024 MINUTES PAGE 5 Advisors, Inc. to prepare an anti-displacement roadmap in an amount not to exceed $387,600, by roll call vote: AYES: Councilmembers Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: Councilmember Addiego 15. Report regarding Resolution No. 10-2024 approving Budget Amendment Number 24.028 and authorizing the City’s acquisition of the Below Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit 3105 (APN 104540050). (Elia Moreno, Management Analyst I and Danielle Thoe, Housing Manager) Management Analyst Moreno presented the report. The Council requested clarification regarding the calculations for resale. Housing Manger Thoe provided an explanation of the calculations and sale options. Motion – Councilmember Addiego /Second – Councilmember Nicolas: To approve Resolution No. 10-2024 approving Budget Amendment Number 24.028 and authorizing the City’s acquisition of the Below Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit 3105 (APN 104540050), by roll call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Nagales shared the Governor’s budget was released. Mayor Coleman reported the Childcare Subcomittee meeting is working to present recommendations at the City Council meeting of March 27, 2024. CLOSED SESSION Entered into Closed Session: 9:14 p.m. 16. Conference with real property negotiators Property: 226-230 Grand Ave., 232-238 Grand Ave., and 240-246 Grand Ave Agency negotiator: Nell Selander, ECD Director; Danielle Thoe, Housing Manager; Sky Woodruff, City Attorney Negotiating parties: Giffra Enterprises Under negotiation: Price and terms Resumed from Closed Session: 9:44 p.m. ADJOURNMENT Being no further business Mayor Coleman adjourned the City Council meeting at 9:45 p.m. *** Adjourned in Memory of Mario Gonzalez, Simone “Sam” Bonanno, Gerald “Gerry” Evans, Reynaldo Cantero, Debbie Canfield, Rosalinda De Castro Natanauan, Santurino De Los Reyes, Olimio Cubacub, Adoracion Pelayo, Purita Bulos Quema, William “Marty” Romero, and Luzviminda Amores Toledo *** 14 REGULAR CITY COUNCIL MEETING JANUARY 10, 2024 MINUTES PAGE 6 Submitted by: Approved by: Jazmine Miranda James Coleman Assistant City Clerk Mayor Approved by the City Council: / / 15 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-04 Agenda Date:1/24/2024 Version:1 Item #:3. Report regarding the second reading and adoption of an Ordinance approving a Development Agreement (DA22-0005)between the City of South San Francisco and HCP Forbes,LLC for the Vantage Life Science Campus Development Project at 420-490 Forbes Boulevard.(Christy Usher, Senior Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an Ordinance approving the Development Agreement between the City and HCP Forbes, LLC, and waive further reading. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance.The ordinance is ready for adoption. Ordinance adopting a Development Agreement (DA22-0005)between the City of South San Francisco and HCP Forbes,LLC for a Life Science Research and Development Project at 420-490 Forbes Boulevard. (Introduced on 12/13/23; Vote 4-1) ASSOCIATIONS 1.Final Ordinance (24-03) A.Exhibit A- Development Agreement City of South San Francisco Printed on 1/19/2024Page 1 of 1 powered by Legistar™16 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-03 Agenda Date:1/24/2024 Version:1 Item #:3a. Ordinance approving a Development Agreement (DA22-0005)between the City of South San Francisco and HCP Forbes, LLC for the Vantage Campus Development Project in South San Francisco, California. WHEREAS,HCP Forbes,LLC (“Applicant”)has proposed to construct an approximately 1.65 million square foot life sciences campus by way of a Master Plan for the Vantage Life Science Campus and the execution of a total of three (3)precise plans or building phases at 420,440,460,480 and 490 Forbes Boulevard (“Project Site”) and, WHEREAS, the proposed Project is located within the East of 101 planning sub-area; and, WHEREAS,the Applicant seeks entitlement approval for the Vantage Life Science Campus Master Plan and Precise Plan (Phase 2)including the following:Master Plan,Precise Plan,Design Review,Use Permit, Transportation Demand Management Plan,Vesting Tentative Map and Development Agreement (“Project”); and, WHEREAS,approval of the applicant’s proposal is considered a “project”for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and, WHEREAS,City Council certified an Environmental Impact Report (“EIR”)on October 12,2022,(State Clearinghouse number 2021020064)in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the 2040 General Plan Update, Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”); and WHEREAS,City Council also adopted a Statement of Overriding Considerations (“SOC”)on October 12, 2022,in accordance with the provisions of CEQA and the CEQA Guidelines,which carefully considered each significant and unavoidable impact identified in the 2040 General Plan EIR and found that the significant environmental impacts are acceptable in light of the project’s social, economic, and environmental benefits; and WHEREAS,environmental analysis for the proposed Project was conducted in accordance with Guidelines Section 15183,which concluded that the environmental effects associated with implementation of the Project are fully within the scope of the environmental analysis conducted in the 2040 General Plan EIR,such that the Project does not meet the criteria under California Environmental Quality Act (“CEQA”)Guidelines Sections 15164 or 15162 justifying preparation of additional CEQA documentation; and WHEREAS,the Design Review Board reviewed the Project at its meetings of January 17,2023,and February 21, 2023, and recommended approval of the Project; and, WHEREAS,on October 19,2023,the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Development Agreement, and recommended that the City Council approve the proposed Development Agreement; and WHEREAS,the Planning Commission reviewed and carefully considered the information in the 2040 GeneralCity of South San Francisco Printed on 1/25/2024Page 1 of 4 powered by Legistar™17 File #:24-03 Agenda Date:1/24/2024 Version:1 Item #:3a. WHEREAS,the Planning Commission reviewed and carefully considered the information in the 2040 General Plan EIR and Vantage CEQA Analysis pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15183 and by resolution, found that no additional CEQA analysis is required; and WHEREAS,the Planning Commission exercised its independent judgment and analysis,and considered all reports, recommendations, and testimony before making a determination on the Project; and WHEREAS, the City and Applicant have drafted a proposed Development Agreement, attached hereto as Exhibit A (“Development Agreement”)to outline the expectations and obligations of the parties for a fifteen (15) year term and potential five (5)-year extension term; and WHEREAS, the City and the Applicant now wish to enter into the Development Agreement in Exhibit A; and WHEREAS,City Council held a duly noticed public hearing on December 13,2023,to consider the proposed Development Agreement, take public testimony, and introduce this Ordinance for adoption; and WHEREAS,City Council has considered approval of the entitlements and the environmental impacts of the proposed Project by separate resolutions. NOW, THEREFORE, BE IT RESOLVED Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings. 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;the South San Francisco Municipal Code;the 2040 General Plan EIR and Statement of Overriding Considerations;Vantage Project CEQA Analysis including all appendices thereto;the Project applications;the Vantage Project Plan set,prepared by Flad Architects,dated July 14,2023,the Transportation Impact Analysis including Transportation Demand Management Plan,as prepared by Fehr &Peers,dated August 2023,Community Benefits Analysis,dated August 18,2023,Design Review Board recommendations dated January 30,2023 and February 21,2023, Development Agreement,and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed October 19,2023 meeting,the City Council’s duly noticed December 13,2023 meeting;and any other evidence (within the meaning of Public Resources Code Sections 21080(e)and 21082.2), the City Council of the City of South San Francisco hereby finds as follows: A. The foregoing recitals are true and correct and made a part of this Ordinance. B. The Exhibit attached to this Ordinance, the proposed Development Agreement (Exhibit A), is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. C. 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. City of South San Francisco Printed on 1/25/2024Page 2 of 4 powered by Legistar™18 File #:24-03 Agenda Date:1/24/2024 Version:1 Item #:3a. D.The Development Agreement,attached hereto as Exhibit A,sets for the duration of the Agreement,the property,project criteria,and other required information identified in Government Code section 65865.2.Based on the findings in support of the Project,the City Council finds that the Development Agreement,vesting a Project to create a vibrant,transit supported,state of the art research and office campus for the life sciences,is consistent with the objectives, policies, general land uses and programs specified in the General Plan. E. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed in the Zoning District in which the real property is located as it does not grant special provisions for Applicant and is primarily intended to ensure compliance and community benefits for the City. F. The Development Agreement is in conformity with public convenience, general welfare and good land use practice as it will strengthen the future development of the Project and fulfill community benefits for the City, including open space, and conveyance of the Fire Station Parcel. G.The Development Agreement will not be detrimental to the health,safety and general welfare of the City as implementation of the Development Agreement will permit the construction of a well-designed,well-planned Project that will locate appropriate uses as contemplated by the General Plan and Zoning Ordinance and provide a location for a potential future fire station. H. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values because implementation of the Development Agreement will permit the construction of the Project on underutilized commercial sites and will provide community serving benefits. SECTION 2. Approval of Development Agreement A.City Council of the City of South San Francisco hereby approves the Development Agreement with HCP Forbes, LLC attached hereto as Exhibit A and incorporated herein by reference. B. City Council further authorizes the City Manager to execute the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions,corrections,and minor modifications to such Agreement,subject to the approval of the City Attorney, which do not materially alter or substantially increase the City’s obligations thereunder. 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.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 City Council meeting at which this Ordinance is City of South San Francisco Printed on 1/25/2024Page 3 of 4 powered by Legistar™19 File #:24-03 Agenda Date:1/24/2024 Version:1 Item #:3a. by the City Attorney.At least five (5)days prior to the City 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. City of South San Francisco Printed on 1/25/2024Page 4 of 4 powered by Legistar™20 BN 76588575v1/5486604.1 09/14/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 ______________________________________________________________________________ (Space Above This Line Reserved For Recorder’s Use) This instrument is exempt from recording fees pursuant to Government Code section 27383. Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality). DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC SOUTH SAN FRANCISCO, CALIFORNIA ADOPTED BY ORDINANCE NO. ______________ OF THE CITY OF SOUTH SAN FRANCISCO CITY COUNCIL Effective Date: __________________, 2024 21 i BN 76588575v1 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS .........................................................................................................3 ARTICLE 2 EFFECTIVE DATE AND TERM ...........................................................................6 2.1 Effective Date ..........................................................................................................6 2.2 Term .........................................................................................................................6 2.3 Administrative Extension.........................................................................................7 ARTICLE 3 OBLIGATIONS OF DEVELOPER ........................................................................7 3.1 Obligations of Developer Generally ........................................................................7 3.2 City Development Fees ............................................................................................7 3.3 Community Benefit Payments .................................................................................8 3.4 Other Developer Commitments ...............................................................................8 ARTICLE 4 OBLIGATIONS OF CITY ....................................................................................10 4.1 Obligations of City Generally ................................................................................10 4.2 Protection of Vested Rights ...................................................................................10 4.3 Availability of Public Services ..............................................................................10 4.4 Developer’s Right to Rebuild ................................................................................10 4.5 Expedited Plan Check Process ...............................................................................10 4.6 Project Coordination ..............................................................................................10 4.7 Estoppel Certificates ..............................................................................................11 ARTICLE 5 COOPERATION – IMPLEMENTATION............................................................11 5.1 Processing Application for Subsequent Approvals................................................11 5.2 Timely Submittals By Developer...........................................................................11 5.3 Timely Processing By City ....................................................................................11 5.4 Denial of Subsequent Approval Application .........................................................11 5.5 Other Government Permits ....................................................................................12 5.6 Assessment Districts or Other Funding Mechanisms ............................................12 ARTICLE 6 STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT ...............................................................................................................13 6.1 Vested Right to Develop ........................................................................................13 6.2 Permitted Uses Vested by This Agreement ...........................................................13 6.3 Applicable Law ......................................................................................................13 6.4 Uniform Codes .......................................................................................................14 22 ii BN 76588575v1 6.5 No Conflicting Enactments ....................................................................................14 6.6 Initiatives and Referenda; Other City Actions Related to Project .........................15 6.7 Environmental Review and Mitigation ..................................................................15 6.8 Future Legislative Actions .....................................................................................16 6.9 Life of Subdivision Maps, Development Approvals, and Permits ........................17 6.10 State and Federal Law ............................................................................................18 6.11 Timing and Review of Project Construction and Completion ...............................18 ARTICLE 7 AMENDMENT......................................................................................................18 7.1 Project Amendments ..............................................................................................18 7.2 Amendment of this Agreement ..............................................................................19 ARTICLE 8 ASSIGNMENT AND TRANSFER .......................................................................20 8.1 Assignment and Transfer .......................................................................................20 ARTICLE 9 COOPERATION IN THE EVENT OF LEGAL CHALLENGE ..........................21 9.1 Cooperation ............................................................................................................21 9.2 Reapproval .............................................................................................................21 9.3 Extension Due to Legal Challenge ........................................................................22 ARTICLE 10 DEFAULT; REMEDIES; TERMINATION .........................................................22 10.1 Defaults ..................................................................................................................22 10.2 Termination ............................................................................................................22 10.3 Enforced Delay; Extension of Time of Performance .............................................22 10.4 Legal Action...........................................................................................................23 10.5 Periodic Review .....................................................................................................23 10.6 California Law .......................................................................................................24 10.7 Resolution of Disputes ...........................................................................................25 10.8 Attorneys’ Fees ......................................................................................................25 10.9 Hold Harmless .......................................................................................................25 ARTICLE 11 MISCELLANEOUS ..............................................................................................25 11.1 Incorporation of Recitals and Introductory Paragraph ...........................................25 11.2 No Agency .............................................................................................................25 11.3 Enforceability .........................................................................................................25 11.4 Severability ............................................................................................................26 11.5 Other Necessary Acts and City Approvals ............................................................26 11.6 Construction ...........................................................................................................26 23 iii BN 76588575v1 11.7 Other Miscellaneous Terms ...................................................................................26 11.8 Covenants Running with the Land .........................................................................26 11.9 Notices ...................................................................................................................27 11.10 Mortgagee Protection .............................................................................................28 11.11 Entire Agreement, Counterparts And Exhibits ......................................................28 11.12 No Third Party Beneficiaries .................................................................................29 11.13 Recordation Of Development Agreement .............................................................29 Exhibit A – Description and Diagram of Project Site  Exhibit A1 – Legal Description of Project Site  Exhibit A2 – Diagram of Project Site – Existing Parcels  Exhibit A3 – Diagram of Project Site – Proposed Parcels Exhibit B – List of Project Approvals as of Effective Date Exhibit C – City Fees, Exactions, and Payments Exhibit D – Sustainability Features Exhibit E – Applicable Laws Exhibit F – Form of Assignment and Assumption Agreement Exhibit G – Fire Station Agreement 24 1 BN 76588575v1/5486604.1 09/14/2023 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of ________________, 2024 (“Effective Date”) by and between HCP Forbes, LLC (“Developer”), and the City of South San Francisco, a municipal corporation (“City”), pursuant to California Government Code (“Government Code”) sections 65864 et seq. Developer and City are sometimes collectively referred to herein as “Parties.” RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property for the development of such property. B. Pursuant to Government Code section 65865, City has adopted procedures and requirements for the consideration of development agreements (South San Francisco Municipal Code (“SSFMC”) Chapter 19.60). This Agreement has been processed, considered, and executed in accordance with such procedures and requirements. C. Developer has a legal and/or equitable interest in certain real property located in the City on the approximately 18.99 acre site consisting of 420 Forbes Boulevard (APN 015-050- 710, 015-050-720, 015-050-730), 440 Forbes Boulevard (APN 015-050-230), 460 Forbes Boulevard (APN 015-050-900), and 480 and 490 Forbes Boulevard (APN 015-050-890) as more particularly described and depicted in Exhibit A (“Project Site”). Developer has requested City to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of the City with regard to Developer’s proposed Project (as defined below). D. The terms and conditions of this Agreement have undergone extensive review by Developer, City, and the City of South San Francisco City Council (“City Council”) members and have been found to be fair, just, and reasonable. E. The City Council believes that the best interests of the citizens of the City of South San Francisco and the public health, safety, and welfare will be served by entering into this Agreement. F. This Agreement and the Project (as defined in Section 1.1 of this Agreement) will be consistent with the Shape SSF 2040 General Plan Update (“General Plan”), and the South San Francisco Municipal Code (“SSFMC”). G. Development (as defined in Section 1.15 of this Agreement) of the Project Site with the Project in accordance with the terms of this Agreement will provide substantial benefits to and will further important policies and goals of City. This Agreement will, among other things, benefit the City by (1) advancing the City’s economic development goals of enhancing the competitiveness of the local economy and maintaining a strong and diverse revenue and job base, (2) creating a state-of-the art commercial campus development to advance General Plan objectives for the area, (3) supporting the City’s achievement of its adopted Climate Action Plan goals 25 2 BN 76588575v1/5486604.1 09/14/2023 through incorporation of environmentally sensitive design and equipment, energy conservation features, water conservation measures, and other sustainability features, (5) generating construction-related benefits, including employment, economic and fiscal benefits related to new construction, (6) providing substantial community benefits, including conveyance of a site for a planned new fire station, and (7) generating fiscal benefits to the City and San Mateo County due to community benefits, taxes and other revenue sources from operations. H. In exchange for the benefits to City described in the preceding Recital, together with the other public benefits that will result from the Development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with Applicable Law (as defined in Section 1.6 of this Agreement), and therefore desires to enter into this Agreement. I. This Agreement will eliminate uncertainty in planning and provide for the orderly Development of the Project on the Project Site, facilitate progressive installation of necessary improvements, provide for public services appropriate to the Development of the Project on the Project Site, and generally serve the purposes for which development agreements under section 65864, et seq. of the California Government Code are intended. J. On October 12, 2022, after a duly noticed public hearing, by Resolution No. 22 - 393, the City Council certified the Program Environmental Impact Report (SCH# 2021020064) (“Program EIR”) for the General Plan in accordance with the California Environmental Quality Act (Public Resources Code §§ 2100 et seq. (“CEQA”) and the CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq.). The Program EIR analyzed the potential environmental impacts of development of the General Plan. Concurrent with its certification of the Program EIR, and by the same resolution, the City Council duly adopted CEQA findings of fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”) for the General Plan. The Statement of Overriding Considerations carefully considered each of the General Plan’s significant and unavoidable impacts identified in the EIR and determined that each such impact is acceptable in light of the General Plan’s economic, legal, social, technological and other benefits. The MMRP identifies all mitigation measures identified in the Program EIR that are applicable to the General Plan and sets forth a program for monitoring or reporting on the implementation of such mitigation measures. K. On October 19, 2023, following a duly noticed public hearing, the City of South San Francisco Planning Commission (“Planning Commission”) recommended that the City Council approve this Agreement and adopt the Resolutions and Ordinances described in Recitals L through M. L. On December 13, 2023 after a duly noticed public hearing, by Resolution No. [XXXX], the City Council approved the environmental document for the Project finding that in accordance with CEQA Guidelines section 15183, the Project is consistent with the development density established by the General Plan for which the Program EIR was certified and thus, the Project does not require additional environmental review, except the analysis contained in the Project’s environmental document, which examined all potential project-specific environmental effects which are peculiar to the Project and the Project Site. 26 3 BN 76588575v1/5486604.1 09/14/2023 M. On December 13, 2023, after a duly noticed public hearing, the City Council duly adopted the following resolution and introduced the following ordinances granting certain land use entitlements for Development of the Project on the Project Site: 1. Resolution No. [XXXX] for Project P22-0117 (Master Plan) and Project P22-0138 (Precise Plan) adopting the: Master Plan MP23-0002, Precise Plan PP23-0001, Design Review DR22-0036, Use Permit UP22-0011, Transportation Demand Management TDM22-0009, Vesting Tentative Map PM22-0002, Development Agreement DA22-0005 & Environmental Determination ND22-0002 2. Ordinance No. [XXXX] introducing, approving and authorizing the execution of this Agreement. The entitlements described in Recitals M, and listed on Exhibit B, are collectively referred to herein as the “Project Approvals.” N. The Project has been designed to fulfill the Development vision of the Project Approvals consistent with the City’s land use policies and regulations, and to secure Developer’s ability to achieve the Development potential of the Project Site at an appropriate level of growth. O. In adopting Ordinance No. [_], the City Council found that this Agreement is consistent with the General Plan and Title 20 of the SSFMC and has followed all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code in effect on the Effective Date and in consideration of the mutual covenants and agreements contained herein, agree as follows: ARTICLE 1 DEFINITIONS Project Description. As used herein, “Project” shall mean the Development on the Project Site as contemplated by the Project Approvals and, as, when, and if they are issued, the Subsequent Approvals, including, without limitation, the permitted uses, density and intensity of uses, and maximum size and height of buildings specified in the project plans prepared by Flad Architects on July 14, 2023 and as such Project Approvals and Subsequent Approvals may be further defined or modified pursuant to the provisions of this Agreement. Without limitation, the Project shall consist of buildings that may be used for office/R&D and amenities of one million six hundred and fifty five thousand two hundred and two (1,655,202) total gross square feet at a 2.01 FAR, including approximately three hundred and sixty-six thousand six hundred twenty (366,620) gross square feet of previously entitled buildings currently under construction (“Phase 1 Project”), and one million two hundred and eighty-eight thousand five hundred eighty two (1,288,582) gross square feet of proposed new construction; vehicle parking at a ratio of 2.24 striped stalls per 1,000 square feet of development; and an approximately nine thousand six hundred (9,600) gross square foot municipal fire station with fifteen (15) parking spaces and a 27 4 BN 76588575v1/5486604.1 09/14/2023 minimum of two ( 2) fire truck bays on an approximately one acre site that would be constructed by the City, all as set forth in the Project Approvals. 1.1 “Administrative Agreement Amendment” shall have that meaning set forth in Section 7.2 of this Agreement. 1.2 “Administrative Project Amendment” shall have that meaning set forth in Section 7.1 of this Agreement. 1.3 “Affiliate” shall have that meaning set forth in Section 8.1 of this Agreement. 1.4 “Agreement” shall mean this Development Agreement. 1.5 “Applicable Law” shall have that meaning set forth in Section 6.3 of this Agreement. 1.6 “CEQA” shall have that meaning set forth in Recital J of this Agreement. 1.7 “City” shall mean the City of South San Francisco. 1.8 “City Council” shall mean the City of South San Francisco City Council. 1.9 “City Law” shall have that meaning set forth in Section 6.5 of this Agreement. 1.10 “CFD” shall have that meaning set forth in Section 5.6 of this Agreement. 1.11 “Community Benefits” shall have that meaning set forth in Section 3.3 of this Agreement. 1.12 “Control,” “controlled,” and “controlling” shall have that meaning set forth in Section 8.1 of this Agreement. 1.13 “Deficiencies” shall have that meaning set forth in Section 9.2 of this Agreement. 1.14 “Developer” shall mean HCP Forbes, LLC and any Affiliate, successors or assignees pursuant to Article 8 of this Agreement. 1.15 “Development” or “Develop” shall mean the division or subdivision of land into one or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, improvement, maintenance, or enlargement of any structure; any excavation, fill, grading, landfill, or land disturbance; the construction of specified road, path, trail, transportation, water, sewer, electric, communications, and wastewater infrastructure directly related to the Project whether located within or outside the Project Site; the installation of landscaping and other facilities and improvements necessary or appropriate for the Project; and any use or extension of the use of land. 1.16 “Development Fees” shall have that meaning set forth in Section 3.2 of this Agreement. 28 5 BN 76588575v1/5486604.1 09/14/2023 1.17 “Effective Date” shall have that meaning set forth in the introductory paragraph to this Agreement. 1.18 “EIR” shall have that meaning set forth in Recital J of this Agreement. 1.19 “Fire Station” shall have the meaning set forth in Section 3.3 of this Agreement. 1.20 “Fire Station Agreement” shall have the meaning set forth in Section 3.3(a) of this Agreement. 1.21 “Fire Station Parcel” shall have the meaning set forth in Section 3.3 of this Agreement. 1.22 “Force Majeure Delay” shall have that meaning set forth in Section 10.3 of this Agreement. 1.23 “GDP” shall have that meaning set forth in Section 10.3 of this Agreement. 1.24 “General Plan” shall have that meaning set forth in Recital F of this Agreement. 1.25 “Judgment” shall have that meaning set forth in Section 9.2 of this Agreement. 1.26 “Legal Challenge” shall have that meaning set forth in Section 9.1 of this Agreement. 1.27 “Mortgage” shall have that meaning set forth in Section 11.10 of this Agreement. 1.28 “Mortgagee” shall mean the beneficiary of any Mortgage. 1.29 “MMRP” shall have that meaning set forth in Recital L of this Agreement. 1.30 “Parties” shall mean the Developer and City, collectively. 1.31 “Periodic Review” shall have that meaning set forth in Section 10.5 of this Agreement. 1.32 “Planning Commission” shall have that meaning set forth in Recital J of this Agreement. 1.33 “Project Approvals” shall have that meaning set forth in Recital M of this Agreement. 1.34 “Project Site” shall have that meaning set forth in Recital C of this Agreement. 1.35 “Severe Economic Recession” shall have that meaning set forth in Section 10.3 of this Agreement. 1.36 “SOV” shall have that meaning set forth in Section 3.4 of this Agreement. 29 6 BN 76588575v1/5486604.1 09/14/2023 1.37 “SSFMC” shall have the meaning set forth in Recital B of this Agreement. 1.38 “Subsequent Approvals” shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals that are necessary or desirable for the Project. In particular, for example and without limitation, the parties contemplate that Developer may, at its election, seek approvals for the following: amendments of the Project Approvals; Precise Plans; improvement agreements; grading permits; demolition permits; building permits; lot line adjustments; sewer, water, and utility connection permits; certificates of occupancy; subdivision map approvals; parcel map approvals; resubdivisions; zoning and rezoning approvals; conditional use permits; minor use permits; sign permits; any subsequent approvals required by other state or federal entities for Development and implementation of the project that are sought or agreed to in writing by Developer; and any amendments to, or repealing of, any of the foregoing. 1.39 “TDM Plan” shall have that meaning set forth in Recital M of this Agreement. 1.40 “Term” shall have that meaning set forth in Section 2.2 of this Agreement. 1.41 “VTM” shall have that meaning set forth in Recital M of this Agreement. To the extent that any defined terms contained in this Agreement are not defined above, then such terms shall have the meaning otherwise ascribed to them elsewhere in this Agreement, or if not in this Agreement, then by controlling law, including the SSFMC. ARTICLE 2 EFFECTIVE DATE AND TERM 2.1 Effective Date. This Agreement is effective as of the Effective Date first set forth above. 2.2 Term. The term of this Agreement shall commence upon the Effective Date and continue (unless this Agreement is otherwise terminated or extended as provided in this Agreement) until fifteen (15) years plus one (1) day after the Effective Date (“Term”). The Term shall be automatically extended for an additional (5) five years provided that, the Developer obtains a building permit for one Project building prior to the expiration of the Term. ARTICLE 3 OBLIGATIONS OF DEVELOPER 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long term covenants and obligations, as set forth herein. The Parties acknowledge that many of Developer’s long term obligations set forth in this Agreement are in addition to Developer’s agreement to perform all the applicable mitigation measures identified in the MMRP. Failure by Developer to provide the community benefits or make any of the payments called for in this Article 3 at the times and in the amounts specified shall constitute a default by Developer subject to the provisions of Article 10 of this Agreement. 30 7 BN 76588575v1/5486604.1 09/14/2023 3.2 City Development Fees. (a) Developer shall pay those processing, building permit, inspection and plan checking fees and charges required by City for processing applications and requests for Subsequent Approvals under the applicable regulations in effect at the time such applications and requests are submitted to City. (b) Consistent with the terms of the Agreement, City shall have the right to impose only such development fees (“Development Fees”) as had been adopted by City as of the date the Project’s development application was determined to be complete (i.e. February 9, 2023), as set forth in Exhibit C, only at those rates of such Development Fees in effect at the time of payment of the Development Fees. The Development Fees shall be paid at the time set forth in Exhibit C except as otherwise provided in Article 3 of this Agreement. This Section 3.2(b) shall not prohibit City from imposing on Developer any fee or obligation that is imposed by a regional agency or the State of California in accordance with state or federal obligations and required to be implemented by City. 3.3 Community Benefits. As consideration for the Project Approvals, Developer agrees to convey to the City an approximately one acre parcel on the northwestern corner of the Project Site accessible from Forbes Boulevard (the “Fire Station Parcel”) pursuant to the terms set forth in this Section 3.3 and that certain Fire Station Agreement attached as Exhibit G to be executed concurrently herewith (the “Fire Station Agreement”). The obligations contained in Article 3 and the Fire Station Agreement memorializing Developer’s Community Benefits commitments satisfy Developer’s Community Benefits obligations pursuant to SSFMC Section 20.395.003.A.2(c) requiring that developers enter into Community Benefits Agreements. (a) Fire Station Parcel Use Restriction. City shall use reasonable, efforts to commence construction of a fire station on the Fire Station Parcel within a period of seven (7) years from the Effective Date of this Agreement. City may not sell or develop an alternative use on the Fire Station Parcel for a period of seven (7) years from the Effective Date of this Agreement. For purposes of this Agreement, the seven (7) year period during which the City will make efforts to commence construction of a Fire Station and/or will not sell or develop an alternative use on the Fire Station Parcel as discussed in the foregoing sentences of this Section 3.3(a) shall be known as the “Restriction Period”. (b) Right of First Offer/Right of First Refusal. Subject to the City’s compliance with the provisions of the California Surplus Land Act, if the City elects to sell the Fire Station Parcel after the expiration of the Restriction Period, then Developer shall have a right of first offer to repurchase the Fire Station Parcel, and if the City thereafter elects to sell to a subsequent party and Developer has not exercised its right of first offer, Developer shall have a right of first refusal (“ROFO/ROFR”) in accordance with the procedures outlined in the Fire Station Agreement. Notwithstanding the foregoing, Developer shall not have a ROFO/ROFR if City elects to develop another public use consistent with Table 20.100.002: Use Regulations for BTP-H zoning district in effect on the Fire Station Parcel after the Restriction Period. (c) Satisfaction of Community Benefits Fee Obligation. The Parties acknowledge and agree that Developer’s conveyance of the Fire Station Parcel to the City satisfies 31 8 BN 76588575v1/5486604.1 09/14/2023 Developer’s entire Community Benefits Program Fee obligation (“Community Benefit Obligation”) as set forth on Exhibit C for the development of the Property. The City agrees that any future development of the Property shall not be subject to any new or increased Community Benefit Obligation that may be imposed, except to the extent applicable to any increased gross square footage that is built in excess of the gross square footage allowed on the Property by the Project Approvals as such gross square footage is articulated in Project Approvals at the time of the Effective Date of this Agreement . The provisions of this Section 3.3(c) shall remain in full force and effect and survive the expiration or earlier termination of this Agreement. 3.4 Other Developer Commitments (a) Amenity Building/Support for Local Businesses. Consistent with the Project Approvals, Developer intends to provide an amenity building that will provide, subject to commercial tenant needs, some publicly-accessible amenities, as well as support for local businesses. (b) Transportation Demand Management Plan. Developer shall implement the TDM Plan approved by the City as described in Recital M to reduce the Project-related single occupancy vehicle (“SOV”) trips and to encourage the use of public transit and alternate modes of transportation. The TDM Plan is designed to ensure that a minimum of fifty percent (50%) of alternative mode use will be achieved and maintained. If Developer constructs the third parking structure pursuant to the Project Approvals, then the Project shall implement performance measures to ensure that an increased target of fifty-five percent (55%) alternative mode use will be achieved and maintained. The TDM Plan shall be implemented through one or more individual TDM plans. Developer shall comply with all annual reporting obligations associated with the TDM Plan as outlined in SSFMC § 20.400.006. (c) Public Open Space. Developer shall provide publicly accessible open space on the Project Site, substantially in the size and in the locations provided in the Phase 1 Project and Project Approvals, and improved with active and passive recreation amenities, as provided in the Phase 1 Project and Project Approvals. Nothing in this Agreement shall prohibit Developer from enacting reasonable rules and regulations for the usage of such open space, including regulations related to hours of operation, security, and conduct within such open space. (d) Sustainability Commitments. Developer shall implement the sustainability features identified in the Project Approvals. For ease of reference only, a list of these sustainability features is attached as Exhibit D. (e) Mitigation Measures. Developer shall comply with the Mitigation Measures identified and approved in environmental document for the Project that comports with the Program EIR for the General Plan, in accordance with CEQA or other law as identified and as set forth in the MMRP. (f) Utility Relocation and Replacement. Developer, at is sole cost, shall be responsible for all on-site work to relocate and upgrade required utilities and infrastructure on the Project Site. As each phase of utilities infrastructure is built, it is anticipated that the constructed 32 9 BN 76588575v1/5486604.1 09/14/2023 public infrastructure will be dedicated to and accepted by the City, as set forth in the Project Approvals. (g) Community Facilities District Support. Developer agrees to participate, to the extent Developer remains a stakeholder, in the City’s anticipated future process to establish a community facilities district (“CFD”) serving land within the East of 101 Area Plan boundary; provided, however, that such participation shall not be considered by City to be a commitment by Developer to pay any future CFD assessments. In the event that a CFD is not formed during the term of this Agreement, Developer shall not be subject to any additional development fee, assessment or tax, except as otherwise provided for or contemplated in this Development Agreement. ARTICLE 4 OBLIGATIONS OF CITY 4.1 Obligations of City Generally. The Parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to site the Project in the City and Developer’s conveyance of the Fire Station Parcel, is a material consideration for City’s agreement to perform and abide by the long term covenants and obligations of City, as set forth herein. 4.2 Protection of Vested Rights. City acknowledges that the vested rights provided to Developer by this Agreement might prevent some City Law from applying to the Project Site or prevailing over all or any part of this Agreement. City further acknowledges that Developer’s vested rights to Develop the Project Site include the rights provided by the Project Approvals or the Subsequent Approvals, which may not be diminished by the enactment or adoption of City Law, except as provided in this Agreement. City shall cooperate with Developer and shall undertake actions mutually agreed by the Parties as necessary to ensure that this Agreement remains in full force and effect. 4.3 Limitation on Fire Station Parcel. During the Restriction Period, City agrees that the Fire Station Parcel shall only be used for fire station and associated public uses, and shall not be developed with land uses that are incompatible or compete with the Project. 4.4 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project. 4.5 Developer’s Right to Rebuild. City agrees that, during the Term of this Agreement, Developer may renovate or rebuild all or any part of the Project should it become necessary due to damage or destruction within Developer’s sole discretion. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. 4.6 Expedited Plan Check Process. City agrees to provide an expedited plan check process for the approval of Project drawings consistent with its existing practices for expedited plan checks. Developer agrees to pay City’s established fees for expedited plan check services. 33 10 BN 76588575v1/5486604.1 09/14/2023 City shall use reasonable efforts to provide such plan checks within three (3) weeks of a submittal that meets the requirements of Section 5.2. City acknowledges that City’s timely processing of Subsequent Approvals and plan checks is essential to the successful and complete Development of the Project. 4.7 Project Coordination. City shall perform those obligations of City set forth in this Agreement, which the City acknowledges are essential for the Developer to perform its obligations in Article 3. City and Developer shall use good faith and diligent efforts to communicate, cooperate and coordinate with each other during Development of the Project. 4.8 Estoppel Certificates. Developer may at any time, and from time to time, deliver to City notice requesting that City certify to Developer, a potential transferee pursuant to Article 8, a potential lender to Developer, or a Mortgagee in writing: (i) that this Agreement is in full force and effect and creates binding obligations on the Parties; (ii) that this Agreement has not been amended or modified, or if so amended or modified, identifying such amendments or modifications; (iii) that Developer is not in Default in the performance of its obligations under this Agreement, or if in Default, identifying the nature, extent and status of any such De fault; and (iv) the findings of the City with respect to the most recent Periodic Review performed pursuant to Section 10.5 of this Agreement. The City Manager or his or her designee, acting on behalf of City, shall execute and return such certificate within thirty (30) calendar days after receipt of the request. 4.9 Timing for Approval of Subsequent Project Approvals. Except in situations where delay is outside the reasonable control of City or in situations of Force Majeure Delay, City will use reasonable efforts to ensure that Subsequent Project Approvals will be timely granted. ARTICLE 5 COOPERATION – IMPLEMENTATION 5.1 Processing Applications for Subsequent Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare of the City. Accordingly, in considering any application for a Subsequent Approval, to the maximum extent permitted by law, City shall not use its discretionary authority to revisit, frustrate, or change the policy decisions or material terms reflected by the Project Approvals, or otherwise to prevent or delay Development of the Project. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. 5.2 Timely Submittals By Developer. Developer acknowledges that City cannot expedite processing Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its reasonable efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals. 34 11 BN 76588575v1/5486604.1 09/14/2023 5.3 Timely Processing By City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall, to the maximum extent permitted by law, promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval application including, without limitation: (i) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. City shall ensure that adequate staff is available, and shall authorize overtime staff assistance as may be necessary, to timely process any such Subsequent Approval application. 5.4 Denial of Subsequent Approval Application. City may deny an application for a Subsequent Approval only if such application does not comply with this Agreement or Applicable Law or with any state or federal law, regulations, plans, or policies as set forth in Section 6.10. 5.5 Other Government Permits. At Developer’s sole discretion and in accordance with Developer’s construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the Development of, or the provision of services to, the Project. City, at Developer’s expense, shall cooperate with Developer in its efforts to obtain such permits and approvals and shall, from time to time, at the request of Developer, use its reasonable efforts to assist Developer to ensure the timely availability of such permits and approvals. 5.6 Assessment Districts or Other Funding Mechanisms. (a) Existing Fees. As set forth in Section 3.2, above, the Parties understand and agree that as of the Effective Date the fees, exactions, and payments listed in Exhibit C are the only City fees and exactions that apply to the Project. Except as otherwise listed in Exhibit C, City is unaware of any pending efforts to initiate, or consider applications for new or increased fees, exactions, or assessments covering the Project Site, or any portion thereof that would apply to the Project prior to the Effective Date. (b) Application of Fees Imposed by Outside Agencies. City agrees to exempt Developer from any and all fees, including but not limited to, development impact fees, which other public agencies request City to impose at City’s discretion on the Project or Project Site after the Effective Date through the expiration of the Term. This Section 5.6(d) shall not prohibit City from imposing on Developer any fee or obligation that is imposed by a public agency in accordance with state or federal obligations implemented by City in cooperation with such regional agency, or that is imposed by the State of California. ARTICLE 6 STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT 6.1 Vested Right to Develop. Developer shall have a vested right to Develop the Project on the Project Site in accordance with the terms and conditions of this Agreement, the Project Approvals, the Subsequent Approvals (as, when, and if they are issued), and Applicable 35 12 BN 76588575v1/5486604.1 09/14/2023 Law, provided, however, that this Agreement shall not supersede, diminish, or impinge upon vested rights secured pursuant to other Applicable Laws, including without limitation, vested rights secured in connection with a vesting tentative subdivision map pursuant to the California Subdivision Map Act (Gov’t. Code §§ 66410 et seq.) and vested rights secured pursuant to common law vested rights protections. Nothing in this section shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals, or to eliminate or diminish Developer’s right to have its applications for any Subsequent Approval timely processed by City in accordance with this Agreement and Applicable Law. 6.2 Permitted Uses Vested by This Agreement. The vested permitted uses of the Project Site; the vested density and intensity of use of the Project Site; the vested maximum height, bulk, and size of proposed buildings; vested provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other vested terms and conditions of Development applicable to the Project, shall be as set forth in the vested Project Approvals and, as and when they are issued (but not in limitation of any right to Development as set forth in the Project Approvals) the vested Subsequent Approvals. The vested permitted uses for the Project shall include those uses listed as “permitted” in the Project Approvals, as they may be amended from time to time in accordance with this Agreement. 6.3 Applicable Law. The rules, regulations, official policies, standards and specifications applicable to the Project (the “Applicable Law”) shall be those set forth in this Agreement and the Project Approvals, and, with respect to matters not addressed by this Agreement or the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, heights, and fees in force and effect on the Effective Date of this Agreement. A list of Applicable Law is provided in Exhibit E. 6.4 Uniform Codes. City may apply to the Project Site, at any time during the Term, then current Uniform Building Code and other uniform construction codes, and City’s then current design and construction standards for road and storm drain facilities, provided any such uniform code or standard has been adopted and uniformly applied by City on a citywide basis and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting Development of all or any part of the Project. Notwithstanding the foregoing, with respect to any local “reach codes” adopted by City after the Effective Date (including, without limitation, any local measures to restrict use of natural gas or require on-site renewable energy generation, or to require energy efficiency measures beyond Title 24 requirements), (i) Developer shall be excused from compliance with such reach codes for the first two buildings of the Project as set forth in the Phase 2 Precise Plan, and (ii) regardless of whether Developer has submitted a complete Precise Plan application for a phase of the Project prior to the effective date of any reach codes, City may, at any time, excuse Developer from compliance with such reach codes on the basis of a written good faith assessment by Developer that compliance will not be feasible, including for technological or financial reasons, or that compliance would frustrate the goals of the Project Approvals or this Agreement. Prior to submitting a written good faith assessment of reach code feasibility to City, Developer shall confer in good faith with Peninsula Clean Energy, or a qualified third-party consultant with subject matter expertise as reasonably identified by City, regarding feasibility of both full and partial compliance with the reach code, including technological and financial feasibility, and shall include the feasibility assessment of Peninsula Clean Energy or the 36 13 BN 76588575v1/5486604.1 09/14/2023 other consultant identified by City. Notwithstanding the foregoing, Developer shall be excused from compliance with such reach codes if the Project is otherwise exempt under the terms of the reach codes. 6.5 No Conflicting Enactments. Developer’s vested right to Develop the Project shall not be diminished by City approval (whether by action of the City Council or by initiative, referendum or other means) of any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each individually, a “City Law”) that is in conflict with Applicable Law or this Agreement or that reduces the rights or assurances provided by this Agreement. Without limiting the generality of the foregoing, any City Law shall be deemed to conflict with Applicable Law or this Agreement or reduce the Development rights provided hereby if it would accomplish any of the following results, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project: (a) Change any land use designation or permitted use of the Project Site; (b) Limit or control the availability of public utilities, services, or facilities, or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Project, provided that Developer has complied with all applicable requirements for receiving or using public utilities, services, or facilities; (c) Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals or the Subsequent Approvals (as and when they are issued); (d) Limit or control the rate, timing, phasing, or sequencing of the Development of all or any part of the Project in any manner; (e) Result in Developer having to substantially delay Development of the Project or require the issuance of additional permits or approvals by City other than those required by Applicable Law; (f) Establish, enact, increase, or impose against the Project or Project Site any fees, liens or other similar monetary obligations (including generating demolition permit fees, encroachment permit and grading permit fees) other than those specifically permit ted by this Agreement or other connection fees imposed by third party utilities; (g) Impose against the Project any condition, dedication or other exaction not specifically authorized by Applicable Law; or (h) Limit the processing or procuring of applications and approvals of Subsequent Approvals. 37 14 BN 76588575v1/5486604.1 09/14/2023 6.6 Initiatives and Referenda; Other City Actions Related to Project. (a) If any City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with Applicable Law or this Agreement or reduce the Development rights provided by this Agreement, such Law shall only apply to the Project to the extent it would not diminish Developer’s vested rights to Develop the Project. (b) Except as authorized in Section 6.10, without limiting the generality of any of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of Development) affecting subdivision maps, building permits or other entitlements to use that are approved or to be approved, issued or granted within the City, or portions of the City, shall diminish Developer’s vested rights to Develop the Project. (c) To the maximum extent permitted by law, City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. (d) Developer reserves the right to challenge in court any City Law that would reduce the Development rights provided by this Agreement. 6.7 New Taxes. Any subsequently enacted City-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. Other than agreeing that Developer has no vested right against such new taxes, Developer does not waive its right to challenge the legality of any such taxes under the controlling law then in place. 6.8 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 6.9 Vote on Future Taxes, Assessments, and Fees. In the event that any assessment, fee or charge which is applicable to the Project Site is subject to Article XIIIC or XIIID of the California Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that City may count Developer’s ballot as an abstention on such tax, assessment, fee or charge. 6.10 Environmental Review and Mitigation. The Parties understand that the Project’s environmental document, the Program EIR and MMRP were intended to be used in connection with each of the Project Approvals and Subsequent Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the Project’s environmental document and the Program EIR, City agrees to use the Project’s environmental document, Program EIR, and MMRP in connection with the processing of any Subsequent Approval to the maximum extent allowed by law and not to impose on the Project any mitigation measures other than those specifically imposed by the Project’s environmental document, Project Approvals, Program EIR, and MMRP, or specifically required by CEQA or other Applicable Law, except as provided for in this Section 6.7. Without limitation of the foregoing, the Parties acknowledge that Subsequent 38 15 BN 76588575v1/5486604.1 09/14/2023 Approvals may be eligible for one or more statutory or categorical exemptions under CEQA. The Parties agree that this Agreement shall not limit or expand the operation or scope of CEQA, including Public Resources Code section 21166 and California Code of Regulations, titl e 14, section 15162, with respect to City’s consideration of any Subsequent Approval. Consistent with CEQA, a future, additional CEQA document may be prepared for any Subsequent Approval only to the extent required by Public Resources Code section 21166 and California Code of Regulations, title 14, section 15162, unless otherwise requested in writing by Developer. Developer specifically acknowledges and agrees that, under Public Resources Code section 21166 and California Code of Regulations, title 14, section 15162, City as lead agency is responsible and retains sole discretion to determine whether an additional CEQA document must be prepared, which discretion City agrees it shall not exercise unreasonably or delay. 6.11 Future Legislative Actions. (a) In the event that, following the Effective Date, City amends or otherwise updates the General Plan in a manner that would increase or expand the permitted uses, the maximum floor area ratio (or any other land use density or intensity metric), or the maximum height, bulk, and size of proposed buildings applicable to any land area that the land use element or land use map of the General Plan designates as “Office” or “R&D,” City shall also consider making conforming General Plan amendments and updates applicable to that land area that comprises the Project Site and which is designated as “Office” or “R&D” under the General Plan. (b) In the event that, following the Effective Date, City revises, modifies, updates, or amends the land use designation(s) of the General Plan, that are applicable to the Project Site, or the zoning designation(s) applicable to the Project Site and in effect on the Effective Date, such updates or amendments shall not diminish Developer’s vested rights to Develop the Project or the Project Site, but no provision of this Agreement shall limit Developer’s right to apply for any land use entitlement(s) for the Project Site that are consistent with, or authorized by, such update(s) or amendment(s). Developer acknowledges, however, that the amended or updated policies identified in the immediately preceding sentence might include requirements for permitted development that would be in addition to any obligations of Developer under this Agreement, and that those additional requirements would apply to Developer if Developer applies for any land use entitlement(s) for the Project Site that are consistent with, or authorized by, any revision, modification, update, or amendment contemplated by this subsection (b) of Section 6.8 of this Agreement. No provision of this Agreement shall limit or restrain in any way Developer’s full participation in any and all public processes undertaken by City that are in any way related to revisions, modifications, amendments, or updates to the General Plan or the City of South San Francisco Municipal Code. Notwithstanding the foregoing, in the event that future legislative actions increase the allowable density or development capacities on the Project Site, any future development application seeking to utilize such increased densit y or capacity shall not be allowed to utilize any increased parking ratio authorized by this Agreement by-right. (c) Developer acknowledges that, if it applies for any land use entitlement(s) for the Project Site that are consistent with, or authorized by, any revision, modification, update, or amendment contemplated by subsection (c) of this Section 6.8 of this Agreement, and that would allow development of the subject parcel(s) in a manner that is inconsistent with, or not authorized by, the Project Approvals, then City may be required to conduct additional CEQA review with 39 16 BN 76588575v1/5486604.1 09/14/2023 respect to such application in accordance with Section 6.7 of this Agreement, and, if such application is finally approved by City and becomes effective, such approval shall automatically be vested under this Agreement only to the extent such approval is consistent with, or authorized by, the Project Approvals. By way of example, if (following any required CEQA compliance) such effective approval were to authorize Development of a structure with a floor area ratio of 2.0, but the Project Approvals would only authorize Development of a structure with a floor area ratio of 1.0, then Developer would automatically have the vested right to Develop said structure with a floor area ratio of 1.0, and would automatically have the non-vested right to Develop that same structure with a floor area ratio of 2.0 (unless, following such approval, this Agreement is amended to vest Developer’s right to Develop such structure with a floor area ratio of 2.0). (d) City agrees that, if Developer applies for any land use entitlement(s) for the Project Site that are inconsistent with, or not authorized by, the Project Approvals, then: (i) such event shall not be a basis for amending or revisiting the terms of the Agreement, unless Developer also applies for an amendment of this Agreement pursuant to subsection (b) of Section 7.2 of this Agreement (i.e., a non-Administrative Agreement Amendment), and shall not be a basis for imposing new exactions, mitigation requirements, conditions of approval, or any other requirement of, or precondition to, Developer’s exercise of its Development rights vested under this Agreement; and (ii) the only exactions, mitigation requirements, or conditions of approval City may impose on such land use entitlement shall be limited to those exactions, mitigation requirements, or conditions of approval authorized under federal, state, or local laws in effect at the time such application is deemed complete, and shall only be imposed with respect to those uses, densities, intensities, and other Development standards applicable to the subject parcel(s) that are inconsistent with, or not authorized by, the Project Approvals. 6.12 Life of Subdivision Maps, Development Approvals, and Permits. The term of any subdivision map or any other map, permit, rezoning, or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term (including any extensions) or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term of this Agreement and the term of any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which a Development moratorium (including, but not limited to, a water or sewer moratorium or water and sewer moratorium) or the actions of other public agencies that regulate land use, Development or the provision of services to the land, prevents, prohibits or delays the construction of the Project or a lawsuit involving any such Development approvals or permits is pending. 6.13 State and Federal Law. As provided in Government Code section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically mandated and required by state or federal laws and regulations. In the event of any changes required by state or federal laws or regulations, the Developer and City shall meet and confer in good faith to determine what, if 40 17 BN 76588575v1/5486604.1 09/14/2023 any, modifications to this Agreement and/or the Project Approvals would allow the Project and City to comply with such state or federal law or regulation while preserving to the maximum extent feasible the spirit and intent of the Parties in this Agreement and the Project Approvals. 6.14 Timing and Review of Project Construction and Completion . Except as expressly provided in the Project Approvals, Developer shall have the vested right to Develop the Project in such order, at such rate and at such times as the Developer deems appropriate in the exercise of its sole business judgment. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider, and expressly provide for, the timing of Development resulted in a later-adopted initiative restricting the timing of Development to prevail over such Parties’ agreement, it is the desire of the Parties hereto to avoid that result. The Parties acknowledge that, except as otherwise provided for in the Project Approvals, Developer shall have the vested right to Develop the Project on the Project Site in such order and at such rate and at such times as the Developer deems appropriate in the exercise of its business judgment. Nothing in this Agreement shall create any obligation for Developer to complete development of the Project, or any portion thereof, except and to the extent set forth in the Project Approvals. ARTICLE 7 AMENDMENT 7.1 Project Amendments. To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, City’s Chief Planner or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the Chief Planner or his/her designee finds that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the EIR, the amendment shall be determined to be an “Administrative Project Amendment” and the Chief Planner or his/her designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns or vehicle access points, location of parking stalls on the site, number of required parking stalls if City development standards allow, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments. Any requested amendment seeking modification of or deviation from the performance or development standards contained in the Municipal Code and which would 41 18 BN 76588575v1/5486604.1 09/14/2023 otherwise require a discretionary approval by the City Council, Planning Commission, or other formal approval body shall not be treated as an Administrative Project Amendment. (b) Non-Administrative Project Amendments. Any request by Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement. 7.2 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties hereto or their successors in interest, as follows: (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the City's Chief Planner or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the Chief Planner or his/her designee finds that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the Project’s environmental document or Program EIR, the amendment shall be determined to be an “Administrative Project Amendment” and the Chief Planner or his/her designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns or vehicle access points, location of parking stalls on the site, number of required parking stalls if City development standards allow, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, substitutions of comparable building design/façade materials for any building design/façade material shown on any final development plan or Precise Plan, variations in the location of structures that do not substantially alter the design concepts of the Project, location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Property diagram or Property legal description shall be treated as Administrative Project Amendments. Any requested amendment seeking modification of or deviation from the performance or development standards contained in the Municipal Code and which would otherwise require a discretionary approval by the City Council, Planning Commission, or other formal approval body shall not be treated as an Administrative Project Amendment. (b) Other Agreement Amendments. Any amendment to this Agreement other than an Administrative Agreement Amendment shall be subject to recommendation by the Planning Commission (by advisory resolution) and approval by the City Council (by ordinance) following a duly noticed public hearing before the Planning Commission and City Council, consistent with Government Code sections 65867 and 65867.5. (c) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, or a Subsequent Approval shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement. 42 19 BN 76588575v1/5486604.1 09/14/2023 ARTICLE 8 ASSIGNMENT AND TRANSFER 8.1 Assignment and Transfer. (a) Developer may transfer or assign all or any portion of its interests, rights, or obligations under the Agreement and the Project Approvals to third parties acquiring an interest or estate in the Project or the Project Site or any portions thereof including, without limitation, purchasers or lessees of lots, parcels, or facilities. Prior to any such transfer or assignment, Developer will seek City’s prior written consent thereof, which consent will not be unreasonably withheld or delayed. City shall respond within fifteen (15) business days to any Developer notice of transfer. City failure to respond within thirty (30) days shall be deemed consent to the transfer. City may refuse to give consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not, in City’s reasonable opinion (which shall be appealable by Developer to the City Council), be able to perform the obligations proposed to be assumed by such transferee. To assist the City Manager in determining whether to provide consent to a transfer or assignment, the City Manager may request from the transferee (directly or through Developer) reasonable documentation of transferee’s understanding of and ability and plan to perform the obligations proposed to be assumed by transferee, including without limitation obligations specifically identified in this Agreement, the Project Approvals, the Project’s environmental document, the Program EIR and MMRP, the General Plan, and the TDM Plan. To assist the City Manager in determining whether to consent to a transfer or assignment, the City Manager may also require one or more representatives of the transferee to meet in person to demonstrate to the City Manager’s reasonable satisfaction that the transferee understands, intends, and has the ability to perform the obligations intended to be assumed, including without limitation the obligations identified in the immediately preceding sentence. Such determination will be made by the City Manager and will be appealable by Developer to the City Council. For any transfer of all or any portion of the Property, the Developer and assignee shall enter into an assignment and assumption agreement in substantially the form set forth in Exhibit G. (b) Notwithstanding any other provision of this Agreement to the contrary, each of following Transfers are permitted and shall not require City consent under this Section 8.1: (i) Any transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project or any use of the Property; (ii) An assignment of this Agreement to an Affiliate; (iii) Transfers of common area to a property owners association; (iv) Dedications and grants of easements and rights of way required in accordance with the Project Approvals; or (v) Any leasing activity. (c) For the purposes of this Section 8.1, “Affiliate” means an entity or person that is directly or indirectly controlling, controlled by, or under common control or management of or with Developer. For the purposes of this definition, “control” means the possession, direct 43 20 BN 76588575v1/5486604.1 09/14/2023 or indirect, of the power to direct or cause the direction of the management and policies of an entity or a person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing. ARTICLE 9 COOPERATION IN THE EVENT OF LEGAL CHALLENGE 9.1 Cooperation. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to the Agreement challenging the validity of any provision of the Agreement, or any Project Approval or Subsequent Approval (“Legal Challenge”), the Parties will cooperate in defending such action or proceeding. City shall promptly (within five business days) notify Developer of any such Legal Challenge against City. If City fails promptly to notify Developer of any Legal Challenge again st City or if City fails to cooperate in the defense, Developer will not thereafter be responsible for City’s defense. The Parties will use best efforts to select mutually agreeable legal counsel to defend such Legal Challenge, and Developer will pay compensation for such legal counsel (including City Attorney time and overhead for the defense of such action), but will exclude other City staff overhead costs and normal day-to-day business expenses incurred by City. Developer’s obligation to pay for legal counsel will extend to attorneys’ fees incurred on appeal. In the event City and Developer are unable to select mutually agreeable legal counsel to defend such Legal Challenge, each party may select its own legal counsel and Developer will pay its and City’s attorneys’ fees and costs. Developer shall reimburse City for all reasonable court costs and attorneys’ fees expended by City in defense of any such Legal Challenge or payable to any prevailing plaintiff/petitioner. 9.2 Reapproval. (a) If, as a result of any Legal Challenge, all or any portion of the Agreement or the Project Approvals are set aside or otherwise made ineffective by any judgment in such action or proceeding (“Judgment”), based on procedural, substantive or other deficiencies (“Deficiencies”), the Parties will use their respective best efforts to sustain and reenact or readopt the Agreement, and/or the Project approvals, that the Deficiencies related to, as follows, unless the Parties mutually agree in writing to act otherwise: (i) If any Judgment requires reconsideration or consideration by City of the Agreement or any Project approval, then City will consider or reconsider that matter in a manner consistent with the intent of the Agreement and with Applicable Law. If any such Judgment invalidates or otherwise makes ineffective all or any portion of the Agreement or Project approval, then the Parties will cooperate and will cure any Deficiencies identified in the Judgment or upon which the Judgment is based in a manner consistent with the intent of the Agreement and with Applicable Law. City will then consider readopting or reenacting the Agreement, or the Project approval, or any portion thereof, to which the Deficiencies related. (ii) Acting in a manner consistent with the intent of the Agreement includes, but is not limited to, recognizing that the Parties intend that Developer may undertake and complete Development of the Project as described in the Agreement, and adopting such ordinances, resolutions, and other enactments as are necessary to readopt or reenact all or any portion of the Agreement or Project approvals without contravening the Judgment. 44 21 BN 76588575v1/5486604.1 09/14/2023 (b) The Parties agree that this Section 9.2 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this Section 9.2, which shall survive invalidation, nullification, or setting aside. 9.3 Extension Due to Legal Challenge. In the event that any Legal Challenge has the direct or indirect effect of setting aside or modifying the Project Approvals, or preventing or delaying development of the Project as set forth herein, the Term of this Agreement shall be automatically extended for a period equal to the number of days from the commencement of litigation to its conclusion (“Litigation Tolling Period”); provided, however, that the total Litigation Tolling Period shall not exceed five (5) years. ARTICLE 10 DEFAULT; REMEDIES; TERMINATION 10.1 Defaults. Any failure by either Party to perform any term or provision of the Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party (unless such period is extended by mutual written consent), will constitute a default under the Agreement. Any notice given will specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, will be deemed to be a cure within such 30 -day period. Upon the occurrence of a default under the Agreement, and the failure to cure the default, the non-defaulting party may institute legal proceedings to enforce the terms of the Agreement or, in the event of a material default, terminate the Agreement. If the default is cured, then no default will exist and the noticing party shall take no further action. 10.2 Termination. If City elects to consider terminating the Agreement due to a material default of Developer, then City will give a notice of intent to terminate the Agreement and the matter will be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. Developer will have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate the Agreement, City will give written notice of termination of the Agreement to Developer by certified mail and the Agreement will thereby be terminated sixty (60) days thereafter, provided, however, that if Developer files an action to challenge City’s termination of the Agreement within such 60 day period, then the Agreement shall remain in full force and effect until a trial court has affirmed City’s termination of the Agreement and all appeals have been exhausted (or the time for requesting any and all appellate review has expired); provided however that the time period during which the Agreement shall remain in effect shall not exceed three (3) years. 10.3 Enforced Delay; Extension of Time of Performance. Subject to the limitations set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; 45 22 BN 76588575v1/5486604.1 09/14/2023 casualties; acts of God; acts of the public enemy; terrorism; epidemics or pandemics; quarantine or shelter-in-place restrictions; freight embargoes; governmental restrictions or priority; litigation and arbitration, including court delays; legal challenges to this Agreement, the Project Approvals, Subsequent Approvals, or any other approval required for the Project, or any initiatives or referenda regarding the same; environmental conditions that have not been previously disclosed or discovered or that could not have been discovered with reasonable diligence that delays the construction or Development of the Property or any portion thereof; unusually severe weather but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed thirty (30) days for every winter season occurring after commencement of construction of the Project; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity (except that acts or failures to act of City shall not excuse performance by City); moratorium; or a Severe Economic Recession (each a “Force Majeure Delay”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If Notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer Developer’s inability or failure to obtain financing or otherwise timely satisfy shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for an excused delay unless such inability, failure or delay is a direct result of a Severe Economic Recession. “Severe Economic Recession” means a decline in the monetary value of all finished goods and services produced in the United States, as measured by initial quarterly estimates of United States Gross Domestic Product (“GDP”) published by the United States Department of Commerce Bureau of Economic Analysis (and not subsequent monthly revisions), lasting more than four (4) consecutive calendar quarters. Any quarter of flat or positive GDP growth shall end the period of such Severe Economic Recession. 10.4 Legal Action. Either Party may institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement in the Agreement, enjoin any threatened or attempted violation thereof, and enforce by specific performance or declaratory relief the obligations and rights of the Parties thereto. Except as provided in Section 10.1, the sole and exclusive remedies for any default or violation of the Agreement will be specific performance or declaratory relief. In any proceeding brought to enforce the Agreement, the prevailing Party will be entitled to recover from the unsuccessful Party all costs, expenses and reasonable attorneys’ fees incurred by the prevailing party in the enforcement proceeding. 10.5 Periodic Review. (a) Conducting the Periodic Review. Throughout the Term, at least once every twelve (12) months following the Effective Date of this Agreement, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (“Periodic Review”) shall be conducted by the Chief Planner or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code section 65865.1. At least ten (10) days prior to the Periodic Review, and in the manner prescribed in Section 11.9 of this Agreement, City shall deposit in the mail or transmit electronically to Developer a copy of 46 23 BN 76588575v1/5486604.1 09/14/2023 any staff report and documents to be relied upon in conducting the Periodic Review and, to the extent practical, related exhibits concerning Developer’s performance hereunder. (b) Developer Submission of Periodic Review Report. Annually commencing one year from the Effective Date and continuing through termination of this Agreement, Developer shall submit a report to the Chief Planner stating the Developer’s good faith compliance with terms of the Agreement. (c) Good Faith Compliance Review. During the Periodic Review, the Chief Planner shall set a meeting to consider the Developer’s good-faith compliance with the terms of this Agreement. Developer shall be permitted an opportunity to respond to City’s evaluation of Developer’s performance, either orally at the meeting or in a supplemental written statement, at Developer’s election. Such response shall be made to the Chief Planner. At the conclusion of the Periodic Review, the Chief Planner shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the Chief Planner shall be appealable to the City Council. If the Chief Planner finds and determines that Developer has not complied with such terms and conditions, the Chief Planner may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in Government Code sections 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be borne by Developer. (d) Failure to Properly Conduct Periodic Review. If City fails, during any calendar year, to either: (i) conduct the Periodic Review or (ii) notify Developer in writing of City’s determination, pursuant to a Periodic Review, as to Developer’s compliance with the terms of this Agreement and such failure remains uncured as of December 31 of any year during the Term, such failure shall be conclusively deemed an approval by City of Developer’s compliance with the terms of this Agreement for the period of time since the last Periodic Review. (e) Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within thirty (30) days following request by Developer, execute and deliver to Developer (or to any party requested by Developer) a written “Notice of Compliance,” in recordable form, duly executed and acknowledged by City, that certifies: (i) The Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; (ii) That there are no current uncured defaults under this Agreement or specifying the dates and nature of any such default; (iii) Any other information reasonably requested by Developer. City’s failure to deliver to Developer such a Notice of Compliance within such time shall constitute a conclusive presumption against City that this Agreement is in full force and effect without modification, except as may be represented by Developer, and that there are no uncured defaults 47 24 BN 76588575v1/5486604.1 09/14/2023 in the performance of Developer, except as may be represented by Developer. Developer shall have the right, in Developer’s sole discretion, to record such Notice of Compliance. 10.6 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of San Mateo County, California. 10.7 Resolution of Disputes. With regard to any dispute involving Development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes within a reasonable time period. Nothing in this Section 10.7 shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings. 10.8 Attorneys’ Fees. In any legal action or other proceeding brought by either Party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. 10.9 Hold Harmless. Developer shall hold City and its elected and appointed officers, agents, employees, and representatives harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of, or alleged to be the result of, the construction of the Project, or of operations performed under this Agreement by Developer or by Developer’s contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer’s contractors, subcontractors, agents or employees. Nothing in this Section 10.9 shall be construed to mean that Developer shall hold City harmless from any claims of personal injury, death or property damage arising from, City’s breach of this Agreement, or alleged to arise from, (i) any gross negligence or willful misconduct on the part of City, its elected and appointed representatives, officers, agents and employees, or (ii) to the extent arising out of or in connection with the maintenance, use or condition of any public improvement after the time it has been dedicated to and accepted by the City or another public entity. ARTICLE 11 MISCELLANEOUS 11.1 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 11.2 No Agency. It is specifically understood and agreed to by and between the Parties hereto that: (i) the subject Project is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations 48 25 BN 76588575v1/5486604.1 09/14/2023 and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. 11.3 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations, and policies applicable to the Development of the Project Site at the time of the approval of this Agreement as provided by Government Code section 65866. 11.4 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. 11.5 Other Necessary Acts and City Approvals. Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise by this Agreement or Applicable Law. 11.6 Construction. Each reference in this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval, or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 11.7 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several. 11.8 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, 49 26 BN 76588575v1/5486604.1 09/14/2023 representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Project Site, and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property. 11.9 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by email (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If delivered by email, a notice shall be deemed given upon verification of receipt if received before 5:00 p.m. on a regular business day, or else on the next business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Such notices or communications shall be given to the parties at their addresses set forth below: If to City, to: City of South San Francisco Attn: City Manager 400 Grand Avenue South San Francisco, CA 94080 Phone: (650) 877-8500 Email: Sharon.Ranals@ssf.net With a Copy to: Meyers Nave Attn: Sky Woodruff 1999 Harrison Street, 9th Floor Oakland, CA 94612 Phone: (510) 808-2000 Email: sky@meyersnave.com If to Developer, to: [INSERT] With a Copy to: [INSERT] Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. 50 27 BN 76588575v1/5486604.1 09/14/2023 11.10 Mortgagee Protection. The Parties agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer’s sole discretion, from encumbering the Project Site or any portion thereof or any improvement thereon by any lien of mortgage, deed of trust, or other security device securing financing with respect to the Project or the Project Site (“Mortgage”). City acknowledges that the lenders providing such financing may require, in addition to estoppel certificates as set forth in Section 4.7, certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification provided such interpretation or modification is consistent with the intent and purpose of this Agreement. Any Mortgagee of the Project Site shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage on the Project Site made in good faith and for value, unless otherwise required by law. (b) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer or within ten (10) days of receiving a request, if a Mortgagee has not provided a request prior to the City sending a notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such Party under this Agreement. (c) Any Mortgagee who comes into possession of the Project Site, or any portion thereof, pursuant to foreclosure of the Mortgage or deed in lieu of such foreclosure, shall take the Project Site, or portion thereof, subject to the terms of this Agreement. Notwithstanding any provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer’s obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be condition precedent to City’s performance hereunder, and further provided that any sales, transfer, or assignment by any Mortgagee in possession shall be subject to the provisions of Section 8.1 of this Agreement. 11.11 Entire Agreement, Counterparts And Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of twenty-nine (29) pages, exclusive of signature pages, and seven (7) exhibits which constitute in full, the final and exclusive understanding and agreement of the parties and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and sign ed by the appropriate authorities of City and the Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes: Exhibit A: Description and Diagram of Project Site  Exhibit A1: Legal Description of Project Site  Exhibit A2: Diagram of Project Site – Existing Parcels 51 28 BN 76588575v1/5486604.1 09/14/2023  Exhibit A3: Diagram of Project Site – Proposed Parcels Exhibit B: List of Project Approvals as of Effective Date Exhibit C: City Fees, Exactions and Payments Exhibit D: Sustainability Features Exhibit E: Applicable Laws Exhibit F: Form of Assignment and Assumption Agreement Exhibit G: Fire Station Agreement 11.12 No Third Party Beneficiaries. This Agreement is intended for the benefit of the Parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any express or implied provision hereof be enforced by, any other person, except as otherwise set forth in Section 11.10. 11.13 Recordation Of Development Agreement. Pursuant to Government Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of San Mateo. IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written. [Signatures to follow on subsequent pages.] 52 29 BN 76588575v1/5486604.1 09/14/2023 SIGNATURE PAGE FOR DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC CITY: CITY OF SOUTH SAN FRANCISCO, a California municipal corporation By: Date: Name: Sharon Ranals Its: City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney [Insert Notary Acknowledgment] 53 30 BN 76588575v1 SIGNATURE PAGE FOR DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC DEVELOPER: By: Date: Name: Its: By: Date: Name: Its: [Insert Notary Acknowledgment] 54 4867-9363-4824.12 A-1 BN 76588575v1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit A Description and Diagram of Project Site (Starts on Next Page) 55 4867-9363-4824.12 A-2 BN 76588575v1 EXHIBIT A1 – LEGAL DESCRIPTION OF PROJECT SITE Real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: PARCEL ONE: PARCEL 49, IN BLOCK 2, AS SHOWN AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP, GALLO TRACT", BEING A RESUBDIVISION OF LOT 12, IN BLOCK 2, CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO. 1, FILED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 23, 1976, IN BOOK 34 OF PARCEL MAPS, PAGE 35, SAN MATEO COUNTY RECORDS. PARCEL TWO: PARCEL 50, IN BLOCK 2, AS SHOWN AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP, GALLO TRACT", BEING A RESUBDIVISION OF LOT 12, IN BLOCK 2, CABOT, CABOT AND FORBES INDUSTRIAL PARK UNIT NO. 1, FILED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 23, 1976, IN BOOK 34 OF PARCEL MAPS, PAGE 35, SAN MATEO COUNTY RECORDS. PARCEL THREE: PARCEL 13 IN BLOCK 2 AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARCEL MAP BEING A RESUBDIVISION OF LOT 8, IN BLOCK 2, CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1, SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA ON FEBRUARY 25, 1966 IN BOOK 1 OF PARCEL MAPS, PAGE 11. PARCEL FOUR: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 38 AND A PORTION OF PARCEL 39 AS SAID PARCELS ARE SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP BEING A SUBDIVISION OF LOT 9, BLOCK 2, CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1, RECORDED IN VOLUME 61 OF MAPS AT PAGES 45 THROUGH 49 AND PARCEL 14, BLOCK 2, AS SHOWN ON THE PARCEL MAP RECORDED IN VOLUME 1 OF PARCEL MAPS AT PAGE 11 ", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JULY 7, 1966 IN BOOK 1 OF PARCEL MAPS AT PAGE 37, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 38 AS SHOWN ON SAID PARCEL MAP IN BOOK 1 OF PARCEL MAPS AT PAGE 37 SAID POINT ALSO BEING ON THE RIGHT OF WAY OF FORBES BOULEVARD (80 FOOT WIDE); 56 4867-9363-4824.12 A-3 BN 76588575v1 THENCE EASTERLY ALONG SAID RIGHT OF WAY OF FORBES BOULEVARD ON A NON-TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 3600.00 FEET AND TO WHICH RADIUS POINT A RADIAL LINE BEARS NOR TH 00° 54' 50" WEST, THROUGH A CENTRAL ANGLE OF 05° 05' 34", WITH A CURVE LENGTH OF 319.99 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 00° 22' 10” WEST 160.71 FEET; THENCE SOUTH 15° 28' 01” WEST 341.06 FEET TO THE SOUTHWESTERLY BOUNDARY LINE OF SAID PARCEL 39; THENCE WESTERLY ALONG SAID SOUTHWESTERLY BOUNDARY LINE ON A NON - TANGENTIAL CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1156.06 FEET AND TO WHICH RADIUS POINT A RADIAL LINE BEARS SOUTH 16° 32' 31" WEST, THROUGH A CENTRAL ANGLE OF 11° 37' 30", WITH A CURVE LENGTH OF 234.56 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 38; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 38 NORTH 00° 22' 10” EAST 426.53 FEET (CALLED 426.52 FEET ON SAID PARCEL 38), TO THE POINT OF BEGINNING, SAID PARCEL IS SHOWN AS RESULTANT PARCEL A ON THAT CERTIFICATE OF COMPLIANCE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 2, 2022 AS INSTRUMENT NO. 2022-083501, SAN MATEO COUNTY RECORDS. PARCEL FIVE: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 38 AND A PORTION OF PARCEL 39 AS SAID PARCELS ARE SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP BEING A RESUBDIVISION OF LOT 9, BLOCK 2, CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1, RECORDED IN VOLUME 61 OF MAPS AT PAGES 45 THROUGH 49 AND PARCEL 14, BLOCK 2, AS SHOWN ON THE PARCEL MAP RECORDED IN VOLUME 1 OF PARCEL MAPS AT PAGE 11", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JULY 7, 1966 IN BOOK 1 OF PARCEL MAPS AT PAGE 37, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 39 ALSO BEING THE NORTHEAST CORNER OF LOT 7 AND THE WEST RIGHT OF WAY OF ALLERTON AVENUE AS SHOWN ON SAID PARCEL MAP BOOK 1 OF MAPS AT PAGE 37; THENCE LEAVING SAID RIGHT OF WAY NORTH 56° 37' 50” WEST 41.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 1156.06 FEET, THROUGH A CENTRAL ANGLE OF 16° 49' 39”, WITH A CURVE LENGTH OF 339.53 FEET; 57 4867-9363-4824.12 A-4 BN 76588575v1 THENCE NORTH 15° 28' 01" EAST 341.06 FEET; THENCE N 0° 22' 10" EAST A DISTANCE OF 160.71 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FORBES BOULEVARD (80 FOOT WIDE); THENCE EASTERLY ON A NON-TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 3600.00 FEET AND TO WHICH RADIUS POINT A RADIAL LINE BEARS NORTH 06° 00' 24" WEST, THROUGH A CENTRAL ANGLE OF 9° 07’ 30,” WITH A CURVE LENGTH OF 573.35 TO THE BEGINNING OF A REVERSE CURVE; THENCE ALONG LAST SAID CURVE CONCAVE TO THE SOUTHWEST THROUGH A CENTRAL ANGLE 98° 08' 24”, HAVING A RADIUS OF 30.00 FEET, FOR A DISTANCE OF 51.39 FEET TO THE BEGINNING OF A COMPOUND CURVE; THENCE ALONG ON THE WEST RIGHT OF WAY OF ALLERTON AVENUE AND ALONG LAST SAID CURVE HAVING A RADIUS OF 465.29 FEET THROUGH A CENTRAL ANGLE OF 40° 21' 40", WITH A CURVE LENGTH OF 327.77 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY OF ALLERTON AVENUE SOUTH 33° 22' 10" WEST FOR A DISTANCE OF 505.47 FEET (CALLED 505.48 FEET ON SAID PARCEL 39), TO THE POINT OF BEGINNING, SAID PARCEL IS SHOWN AS RESULTANT PARCEL B ON THAT CERTIFICATE OF COMPLIANCE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 2, 2022 AS INSTRUMENT NO. 2022-083501, SAN MATEO COUNTY RECORDS. APNs: 015-050-710, 015-050-720, and 015-050-730 (Parcels One and Two; 420 Forbes Blvd.) APN: 015-050-230 (Parcel Three; 440 Forbes Blvd.) APN: 015-050-900 (Parcel Four; 460 Forbes Blvd.) APN: 015-050-890 (Parcel Five; 480-490 Forbes Blvd.) 58 4867-9363-4824.12 A-5 BN 76588575v1 EXHIBIT A2 – DIAGRAM OF PROJECT SITE – EXISTING PARCELS 59 4867-9363-4824.12 A-6 BN 76588575v1 EXHIBIT A3 – DIAGRAM OF PROJECT SITE – PROPOSED PARCELS 60 4867-9363-4824.12 A-7 BN 76588575v1 61 B-1 BN 76588575v1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit B List of Project Approvals as of Effective Date Project P22-0117 (Master Plan) and Project P22-0138 (Precise Plan) adopting the:  Master Plan MP23-0002  Precise Plan PP23-0001  Design Review DR22-0036  Use Permit UP22-0011  Transportation Demand Management TDM22-0009  Vesting Tentative Map PM22-0002  Development Agreement DA22-0005  Environmental Determination ND22-0002 62 C-1 BN 76588575v1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit C City Fees, Exactions, and Payments The following fees are estimates, are subject to change, based on final plans submitted for building permits. Credits for existing uses will be calculated and applied to applicable fees. ** 1. ADMINISTRATIVE/PROCESSING FEES. The Developer shall pay the applicable application, processing, administrative, legal and inspection fees and charges, as then currently adopted pursuant to City’s Master Fee Schedule and required by City for processing of land use entitlements, including without limitation, General Plan amendments, zoning changes, Precise Plans, development agreements, conditional use permits, variances, transportation demand management plans, tentative subdivision maps, parcel maps, lot line adjustments, general plan maintenance fee, demolition permits, and building permits. 2. CHILDCARE FEE: Prior to issuance of the first building permit non-residential, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.310. This fee is subject to annual adjustment. The childcare impact fee estimate for the project is:  Office/R&D: $1.51/SF x 1,288,582 SF = $1,945,758.82 3. PARK FEES: Prior to issuance of the first building permit the applicant shall pay the Parkland Acquisition Fee and Parkland Construction Fee in accordance with South San Francisco Municipal Code Chapter 8.67. The fee is subject to annual adjustment. The park fee estimate for the project is:  Office/R&D: $3.54/SF x 1,288,582 SF = $4,561,580.28 4. CITYWIDE TRANSPORTATION FEE: Prior to issuance of the first building permit, the applicant shall pay applicable transportation impact fees in accordance with South San Francisco Municipal Code Chapter 8.73. The fee is subject to annual adjustment. The citywide transportation fee estimate for the project is:  Office/R&D: $34.85/SF x 1,288,582 SF = $44,907,082.70 5. COMMERCIAL LINKAGE FEE: Prior to issuance of the first building permit, the applicant shall pay the applicable commercial linkage fee in accordance with South San Francisco Municipal Code Chapter 8.69, based on the current fee for each applicable land use category. The fee shall be calculated based on the fee schedule in effect at the time the building permit is issued. The commercial linkage fee estimate for the project is: 63 C-2 BN 76588575v1  Office/R&D: $17.38/SF x 1,288,582 SF = $22,395,555.20 6. PUBLIC SAFETY IMPACT FEE: Prior to issuance of the first building permit for the development, the applicant shall pay applicable Public Safety Impact Fees in accordance with South San Francisco Municipal Code Chapter 8.75. The Public Safety Impact Fee for the project is:  Office/R&D: $1.31/SF x 1,288,582 SF = $1,688,042.42 7. LIBRARY IMPACT FEE: Prior to issuance of the certificate of occupancy for the development, whichever is earlier, the applicant shall pay applicable Library Impact Fee in accordance with South San Francisco Municipal Code Chapter 8.74. The Library Impact Fee for the project is:  Office/R&D: $.14/SF x 1,288,582 SF = $180,401.48 8. PUBLIC ART REQUIREMENT: All non-residential development is subject to the Public Art Requirement, per South San Francisco Municipal Code Chapter 8.76. The public art requirement for this project shall be satisfied by providing qualifying public art, as defined in South San Francisco Municipal Code Chapter 8.76 and reviewed and approved by the Cultural Arts Commission or designee, with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the project site; or electing to make a public art contribution payment in an amount not less than 0.5% of construction costs into the public art fund. The in-lieu contribution payment shall be made prior to the issuance of a building permit. 64 4867-9363-4824.12 D-1 BN 76588575v1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit D Sustainability Features The Vantage Project incorporates the following sustainability features into the campus design. The following features assume a full campus build out:  Transportation o The site is within walking distance of a select number of basic services and is bikeable to several basic services such as restaurants, shops, and parks accessible from Allerton Road or the bike trail. The campus amenity building also offers a restaurant, fitness center, meeting space, and a conferencing center to reduce vehicular use to and from the site during the work day. o The parking garage includes bicycle parking for 168 long-term bicycles at full build out and short-term bicycle parking spaces near building entrances in accordance with CALGreen. Showers are provided in the amenity building to accommodate commuters who bicycle to work. o Parking areas include CLEAN AIR/VANPOOL/EV striping in accordance with CALGreen requirements. o Parking areas provide infrastructure for future Electric Vehicle Charging Stations. o A Transportation Demand Management Plan (TDM) has been developed to promote alternative forms of transportation and improve air quality.  Energy / Greenhouse Gas Emissions o Energy strategies will be evaluated holistically to reduce energy demand and operational carbon. Systems will be tested and monitored to aid in operational efficiencies.  A commissioning agent has been retained in order to meet the requirements of the LEED Fundamental & Enhanced Commissioning prerequisite, CALGreen, and Title 24 requirements.  Project will comply with all applicable provisions of Title 24 2022 Energy Efficiency Standards.  Project will meet LEED energy savings requirements through compliance with Title 24. This energy optimization may be achieved using strategies such as: building envelope features, building orientation or shape, efficient mechanical, plumbing, or electrical systems. o Electrical service to be provided by Peninsula Clean Energy or other clean energy source. 65 4867-9363-4824.12 D-2 BN 76588575v1  Waste Reduction o Recycling and composting collection areas include mixed paper, corrugated cardboard, glass, plastics, and metals. The project will take appropriate measures for the safe collection, storage, and disposal of electronic waste. o A Construction Waste Management Plan will be prepared and implemented.  Water Conservation o Water conservation strategies will be prioritized to first conserve water by reducing potable water demand. Water use monitoring and measurement offers operational efficiencies for water conservation.  Outdoor Water Use o Landscape will comply with the Model Water Efficient Landscape Ordinance (MWELO). o Irrigation systems should be separately metered. o Native and drought tolerant species will be specified and planted.  Indoor Water Use o Indoor plumbing fixtures will target an aggregate water consumption reduction by 30% from the LEED v4.0 baseline. Additional reductions will be targeted pending final selection of fixtures. o Urinals, water closets, and any showerheads will be WaterSense labeled. o Building will have a dedicated water meter for whole building water use. o Project will install permanent meters for two water subsystems. One of these meters should be tied to landscape irrigation and the cooling towers will be equipped with make up water meters. o Cooling towers shall be designed to maximize cycles of concentration b y assessing the water quality on the site and through filtration and treatment.  Designing for Employee and Community Wellness o Prioritize wellness as part of the design and operations through mechanical ventilation and high efficiency filters. o Provide on-site health and fitness facilities for building tenants. o Provide open space that offers opportunities for tenant recreation and social interaction. o Provide vegetated area and diversity of plant species to promote connections to nature. o Provide access to natural daylight and views.  Other o LEED v4.0 Certification. 66 4867-9363-4824.12 D-3 BN 76588575v1 o On-site stormwater pollution prevention plans (including bio-filtration areas, flow- through planters, and pervious pavers and pavements) and erosion and sediment control plans. 67 4867-9363-4824.12 E-1 BN 76588575v1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit E Applicable Laws Developer shall comply with the following City regulations and provisions applicable to the Property as of the Effective Date of this Agreement (except as modified by this Agreement and the Project Approvals). 1. South San Francisco General Plan, as adopted on October 12, 2022 and as amended from time to time prior to the Effective Date. 2. City of South San Francisco Municipal Code, as amended from time to time prior to the Effective Date, including Chapter 20.020 Zoning Districts, Zoning Map, and Boundaries. 3. South San Francisco Zoning Map, as amended from time to time prior to the Effective Date. 4. City Fees as set forth in Exhibit C 68 F-1 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC Exhibit F Form of Assignment and Assumption Agreement (Starts on Next Page) 69 F-2 WHEN RECORDED MAIL TO: City of South San Francisco Attn: City Clerk 400 Grand Avenue South San Francisco, CA 94080 ______________________________________________________________________________ Space Above for Recorder’s Use Exempt from Recording Fees per Cal. Gov. Code § 6103 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (“Assignment Agreement”) is entered into to be effective on ______, 202_, by and between HCP Forbes, LLC (“Assignor”), and ___________________, a _______________ (“Assignee”), and the City of South San Francisco, a municipal corporation (“City”). Assignor and Assignee are sometimes referred to herein as a “Party” and collectively as the “Parties.” RECITALS A. Assignor and City have previously entered into that certain Development Agreement between City and Assignor dated ________, 2024, approved by the City of South San Francisco City Council by Ordinance No. ________ on _________,2024 and recorded on ______________, 2024 as Document No. ______________, San Mateo County Official Records (“Development Agreement”) to facilitate the development and redevelopment of that certain real property within the City of South San Francisco, California, which is legally described in Exhibit A of the Development Agreement (“Property”). A true and complete copy of the Development Agreement is attached hereto as Exhibit 1. B. Assignor is the fee owner of the Property, and Assignor desires to convey its interest in the developable, approximately [_] acre portion of the Property and more particularly described on Exhibit 2 attached hereto (“Assigned Property”) to Assignee concurrently with execution of this Assignment Agreement; and Assignee desires to so acquire such interest in the Assigned Property from the Assignor. C. Section 8.1 of the Development Agreement (“Agreement and Transfer” therein) refers to Assignor as “Developer” and provides in part that: Developer may transfer or assign all or any portion of its interests, rights, or obligations under the Agreement and the Project approvals to third parties acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or lessees of lots, parcels, or facilities. Prior to the issuance of the first certificate of occupancy for the Project Site, Developer will seek City’s prior written consent to any transfer, which consent will not be unreasonably withheld or delayed. City may refuse to give consent only if, in light of the proposed 70 F-3 transferee’s reputation and financial resources, such transferee would not, in City’s reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee. Such determination will be made by the City Manager and will be appealable by Developer to the City Council. For any transfer of all or any portion of the Property, the Developer and assignee shall enter into an assignment and assumption agreement in substantially the form set forth in Exhibit F. D. The Parties desire to enter into this Assignment Agreement in order to satisfy and fulfill their respective obligations under Section 8.1 of the Development Agreement. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Assignment by Assignor. Assignor hereby assigns, transfers and grants to Assignee, and its successors and assigns, all of Assignor’s rights, title and interest and obligations, duties, responsibilities, conditions and restrictions under the Development Agreement with respect to the Assigned Property and only to the extent accruing or arising on and after the Effective Date (collectively, the “Assigned Rights and Obligations”). 2. Acknowledgement and Assumption of Obligations by Assignee. Assignee, for itself and its successor and assigns, hereby acknowledges that it has reviewed, is aware of and intends to honor its Assigned Rights and Obligations with respect to its Development of the Assigned Property pursuant to the terms of the Development Agreement, and additionally expressly and unconditionally assumes all of the Assigned Rights and Obligations. Assignee agrees, expressly for the benefit of Assignor and City, to comply with, perform, and execute all of the Assigned Rights and Obligations. 3. Release of Assignor. Assignee and City hereby fully release Assignor from all Assigned Rights and Obligations. Both Assignor and Assignee acknowledge that this Assignment Agreement is intended to partially or fully assign all of the Assigned Rights and Obligations to Assignee, and it is expressly understood that Assignor shall continue to be obligated under the Development Agreement only with respect to those portions of the Project Site retained by Assignor. . 4. Substitution of Assignor. Assignee hereinafter shall be substituted for and replace Assignor in the Development Agreement with respect to the Assigned Property. Whenever the term “Developer” appears in the Development Agreement, it shall hereinafter include Assignee with respect to the Assigned Property. 5. Development Agreement in Full Force and Effect. Except as specifically provided herein with respect to the assignment and assumption, all the terms, covenants, conditions and provisions of the Development Agreement are hereby ratified and shall remain in full force and effect. 71 F-4 6. Recording. Assignor shall cause this Assignment Agreement to be recorded in the Official Records of San Mateo County, California, and shall promptly provide conformed copies of the recorded Assignment Agreement to Assignee and City. 7. Successors and Assigns. All of the terms, covenants, conditions and provisions of this Assignment Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 8. Applicable Law/Venue. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Assignment Agreement shall be brought only in the Superior Court of the County of San Mateo, State of California. 9. Applicable Law/Venue. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Assignment Agreement shall be brought only in the Superior Court of the County of San Mateo, State of California. 10. Interpretation. All parties have been represented by counsel in the preparation and negotiation of this Assignment Agreement, and this Assignment Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Assignment Agreement. Unless the context clearly requires otherwise: (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting. 11. Severability. Except as otherwise provided herein, if any provision(s) of this Assignment Agreement is (are) held invalid, the remainder of this Assignment Agreement shall not be affected, except as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent of the parties. 12. Counterparts. This Assignment Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Assignment Agreement had executed the same counterpart. 13. City Consent. City is executing this Assignment Agreement for the limited purpose of consenting to the assignment and assumption and clarifying that there is privity of contract between City and Assignee with respect to the Development Agreement. 14. Effective Date. The Effective Date of this Assignment Agreement shall be the date upon which Assignee obtains fee title to the Assigned Property by duly recorded deed (“Effective Date”). 72 F-5 IN WITNESS WHEREOF, Assignor, Assignee and City have entered into this Assignment Agreement as of the date first written above. ASSIGNOR: HCP FORBES, LLC By: Signature of Person executing the Agreement on behalf of Assignor Name: Title: ASSIGNEE: [INSERT NAME OF ASSIGNEE] By: Signature of Person executing the Agreement on behalf of Assignee Name: Title: CITY: CITY OF SOUTH SAN FRANCISCO, a Municipal Corporation By: Signature of Person executing the Agreement on behalf of City Name: Title: City Manager Approved as to form by: By: Signature of Person approving form of the Agreement on behalf of City Name: Title: City Attorney 73 G-1 Exhibit G Fire Station Agreement (Starts on Next Page) 74 G-2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 ______________________________________________________________________________ (Space Above This Line Reserved For Recorder’s Use) This instrument is exempt from recording fees pursuant to Government Code section 27383. Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality). VANTAGE PROJECT FIRE STATION AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND HCP FORBES, LLC This Fire Station Agreement (“Agreement”) is entered into as of _________, 2024 (“Effective Date”), by and between the City of South San Francisco, a municipal corporation organized and existing under the State of California (the “City”) and HCP Forbes, LLC, a Delaware limited liability company (“Developer”). The City and Developer are sometimes hereinafter referred to as a “Party” and collectively as the “Parties.” R E C I T A L S WHEREAS, Developer has a legal and/or equitable interest in certain real property located on the approximately 18.99 acre site consisting of 420, 440, 460, 480, and 490 Forbes Boulevard in the City of South San Francisco, County of San Mateo, State of California (the “Property”), and intends to develop the Property into a One Million Six Hundred Fifty Five Thousand Two Hundred Two (1,655,202) square foot office/research and development and life science campus and amenities, parking, and infrastructure (the “Campus Development”) with a fire station that will be developed by the City (the “Fire Station”). Collectively, the Campus Development and the Fire Station are referred to as, the “Development Project”; and WHEREAS, on [DATE], after a duly noticed public hearing, the City Council approved various entitlements for the Development Project by adopting Resolution No. ____ for Project P22-0117 and Project P22-0138, including a Master Plan, Precise Plan, Design Review, 75 G-3 Transportation Management Plan, Conditional Use Permit, Development Agreement (“Development Agreement”), and Vesting Tentative Map (collectively, the “Entitlements”), which authorize development of the Development Project; and WHEREAS, on [DATE], pursuant to Ordinance No. ____, the Parties entered into the Development Agreement to vest Developer’ rights to develop the Development Project in exchange for certain community benefits provided to the City; and WHEREAS, the Development Project’s 2.0 FAR is proposed in accordance with the BTP- High General Plan designation and zoning that allow a maximum 2.0 FAR with community benefits on the Property; and WHEREAS, South San Francisco Municipal Code (the “S.S.F.M.C.”) section 20.100.003(B) allows for certain projects to realize increased FAR by complying with the City’s Community Benefit Program; and WHEREAS, Developer intends to satisfy the City’s Community Benefit Program by conveying to the City an approximately one-acre parcel on the northwestern corner of the Property, accessible from Forbes Boulevard, more specifically described in the attached Exhibit A (the “Fire Station Parcel”), upon which the City will develop the Fire Station; and WHEREAS, the Parties agree that the Development Project and the densification of the East of 101 Area, as envisioned by the City’s Shape SSF 2040 General Plan (the “General Plan”), will increase the demand for fire services in the neighborhood and will strain existing fire service facilities; and WHEREAS, the City is responsible for providing fire protection services within the City; and WHEREAS, conveyance of the Fire Station Parcel will provide the City with significant community benefits, by allowing the City to develop the Fire Station onsite, increasing fire service coverage in the East of 101 Area, consistent with the City Shape SSF 2040 General Plan policies and the S.S.F.M.C.; and WHEREAS, Developer and the City agree that the conveyance of the Fire Station Parcel and the City’s development of the Fire Station on the Fire Station Parcel will mutually benefit the Parties; and WHEREAS, the conveyance of the Fire Station Parcel for the City’s development of the Fire Station is consideration for the City’s issuance of the Entitlements to Developer, and Developer’ development rights under the Development Agreement granted by the City; and WHEREAS, Developer has agreed to convey the Fire Station Parcel to the City, subject to the terms and conditions set forth herein, in order to mitigate the Development Project’s impacts to fire protection services and to provide significant community benefits to the City, in exchange for the City’s approval of the Development Project and Entitlements at the proposed density; and 76 G-4 WHEREAS, the Parties desire to enter into this Agreement to set forth (i) Developer’s commitment to convey the Fire Station Parcel to the City, in exchange for increased density for the Development Project, and (ii) the City’s obligations with respect to acceptance of the Fire Station Parcel and efforts towards development of the Fire Station. NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the Parties agree as follows: 77 G-5 AGREEMENT ARTICLE 1 FIRE STATION PARCEL Section 1.1 Fire Station Parcel 1.1.1 Fire Station Parcel Transfer. Pursuant and subject to the terms of this Agreement, Developer shall convey fee title to the Fire Station Parcel to the City in exchange for the benefits afforded Developer detailed in the Development Agreement. ARTICLE 2 Obligations OF THE PARTIES Section 2.1 Developer’ Rights and Obligations 2.1.1 Fire Station Parcel Conveyance. Within ninety (90) days of the execution of this Agreement, Developer shall execute a grant deed for the Fire Station Parcel to the City in accordance with this Section 2.1.1 (the “Grant Deed”) substantially in the form attached as Exhibit B hereto and deliver such Grant Deed to the City. 2.1.2 Conveyance of Fire Station Parcel. Developer shall convey the Fire Station Parcel on an “as is” basis without warranties, representations or guarantees, express or implied, but in a fenced condition. Upon conveyance, Developer shall be released from liability with respect to the Fire Station Parcel. Section 2.2 City’s Rights and Obligations 2.2.1 As-Is Property. City agrees and acknowledges that it is taking title to the Fire Station Parcel in its “as-is” condition and that Developer makes no representations or warranties regarding the condition of the Fire Station Parcel. ARTICLE 3 Fire Station Development and Interim Use Section 3.1 License for Use of Fire Station Parcel During the term of the Development Agreement, Developer may, pursuant to a mutually acceptable license agreement (the “Fire Station Parcel License Agreement”), operate and utilize the Fire Station Parcel in accordance with applicable laws and regulations, including using the Fire Station Parcel for ingress, egress, parking, staging, and other construction related activities until the City (i) commences construction of the Fire Station, (ii) conveys the Fire Station Parcel to a third-party after the Restriction Period or (iii) otherwise commences an alternative public use (consistent with the Alternative Use Restriction set forth in Section 3.5 (b) below) on the Fire Station Parcel after the Restriction Period. For purposes of this Agreement, the Restriction Period shall have the same meaning as outlined in the Development Agreement. 78 G-6 If Developer elects not to pursue a Fire Station License Agreement with the City for use of the Fire Station Parcel as contemplated in this Section 3.1, then City may elect to license the Fire Station Parcel to other users for similar temporary uses pursuant to a license agreement. For purposes of this Section 3.1, Developer shall have elected not to pursue the Fire Station License Agreement with the City only if Developer has not requested to enter into the Fire Station License Agreement with the City in writing within one (1) year of the Effective Date of the Development Agreement or has failed to respond to City’s offer to enter into the Fire Station License Agreement within thirty (30) days after receipt of same. Section 3.2 License for Use of Campus Development Property During the term of the Development Agreement, the City may, pursuant to a mutually acceptable license agreement in a form substantially similar to the Fire Station Pracel License Agreement (the “Vantage Campus License Agreement”), use certain Campus Development property (as determined by Developer, in its sole discretion) for vehicle parking, staging and other construction related activities for the Fire Station Parcel in accordance with applicable laws and regulations, until such time as Developer determines, in its sole discretion, that it can no longer allow such use by the City. If the City has not requested to enter into a Vantage Campus License Agreement with Developer in writing within one (1) year of the Effective Date of the Development Agreement or has failed to respond to Developer’s offer to enter into a license agreement within thirty (30) days after receipt of same, the City shall be deemed to have elected not to pursue the Vantage Campus Licese Agreement with Developer. Section 3.3 City Responsibility for Fire Station Development The City shall be solely responsible for design, construction and development of the Fire Station on the Fire Station Parcel and shall design and construct the Fire Station to be aesthetically cohesive with the Development Project. The City shall cooperate with Developer in designing the Fire Station to ensure that it conforms to the foregoing requirements; provided, however, that the City may decline to incorporate any changes that Developer requests to the final plans and specifications that would unreasonably increase the cost of the Fire Station or would otherwise be inconsistent with the City’s approved use of the Fire Station Parcel. Section 3.4 Timing for Fire Station Development The City shall use reasonable efforts to commence construction of the Fire Station within seven (7) years following Development Agreement Effective Date (“Fire Station Development Period”). For purposes of this Section 3.4, “commence construction” shall mean receipt of any written certification or authorization required to obtain building permits or other development approvals for the construction of the fire station. Section 3.5 Limitation on Sale/Use of Fire Station Parcel a) Limitation on Sale of Fire Station Parcel. Consistent with the terms outlined in the Development Agreement, the City agrees that it will not sell the Fire Station Parcel during the 79 G-7 Fire Station Development Period. Any proposed sale after the Fire Station Development Period shall be subject to the provisions of Article 7 herein. b) Limitation on Use of Fire Station Parcel. After the Fire Station Development Period, City may develop an alternative public use on the Fire Station Parcel consistent with Table 20.100.002: Use Regulations for BTP-H zoning district in effect on the Fire Station Parcel (“Alternative Use Restriction”). After the expiration of the term of the Development Agreement, City may elect to develop any use consistent with the then applicable zoning on the Fire Station Parcel. Section 3.6 Prorations Real property taxes, bonds, assessments and any other similar charges imposed on the Fire Station Parcel shall be segregated or such segregation shall be estimated by First American Title Insurance Company (the “Title Company”), and prorated as of the Closing Date on the basis of a thirty (30)-day month. With respect to any proration based on an estimated segregation by the Title Company, if and when the charges relating thereto are segregated by the appropriate agency, within thirty (30) days after such date but in no event later than ninety (90) days after the year in which the Closing occurs, the Parties shall adjust said proration as necessary, and pay such adjustment to the appropriate Party. Section 3.7 Closing Costs Developer shall pay all applicable charges and expenses associated with the Closing, including, without limitation: transfer stamps and any other transfer taxes, all escrow fees and charges, all recording fees, the cost of the Title Policy, and any miscellaneous costs as determined by the Title Company (collectively, “Closing Costs”). Section 3.8 Closing Conditions The Closing is subject to satisfaction of the following closing conditions (“Closing Conditions”): (a) Each Party shall have performed all of its obligations under this Agreement; and (b) Each Party shall have deposited with the Title Company all documents, monies and written escrow instructions as may be necessary for conveyance and acceptance of the Fire Station Parcel. Section 3.9 Developer’ Deliveries On or before the Closing Date (as defined below), Developer shall deliver (or cause to be delivered) to the Title Company the following: (a) An executed and notarized Grant Deed; (b) Funds to pay Closing Costs; and 80 G-8 (c) Such other documents and instruments as may be required by this Agreement or reasonably requested by the Title Company in order to consummate this transaction. Section 3.10 City’s Deliveries On or before Closing Date, the City shall deliver to the Title Company the following: (a) Such other documents and instruments as may be required by this Agreement or as may be reasonably requested by the Title Company in order to consummate this transaction; and (b) The amount of one dollar ($1) as a sale price. Section 3.11 Concurrent Conditions On the Closing Date, the following shall occur, all of which shall be deemed concurrent conditions: (a) The Title Company shall record the Grant Deed in the Official Records of the County of San Mateo; and (b) Subject to the license rights described herein, Developer shall deliver (or cause to be delivered) possession of the Fire Station Parcel to the City free and clear of any tenancies and parties in possession. ARTICLE 4 Full satisfaction of community benefit commitments Developer’ performance of this Agreement shall constitute full and complete satisfaction of its community benefit commitments in exchange for obtaining increased density for the Development Project, pursuant to S.S.F.M.C. section 20.395.003(A)(2). In furtherance of the foregoing understandings, in the event Developer has not yet constructed all of the Development Project buildings within the term of the Development Agreement, the Parties agree that any Community Benefit Commitments Developer has made prior to the expiration of the Development Agreement shall nonetheless satisfy any of the Community Benefits Payment allocated to the Development Project buildings constructed after the Development Agreement expires and the Project shall not be subject to any additional Community Benefits Payment obligations provided however, that the Development Project buildings are constructed in accordance with the Project Approvals as memorialized in the Development Agreement at execution. Section 4.1 Full and Complete Mitigation. 4.1.1 No Waiver of Right to Protest. The Parties acknowledge that Government Code section 66020(d)(1) provides that local agencies shall provide a project applicant notice, in writing, at the time of imposition of fees, dedications, reservations, or other exactions, a statement of the amount of fees, or a description of the dedications, reservations, or exactions and a notification that the ninety (90)-day approval period in which the applicant may protest such fees has begun. Developer agrees that it has voluntarily entered this Agreement and knowingly and 81 G-9 willingly waives all rights of protest under Government Code sections 66020, 66021 or 66022, or any other provision of law with respect to the dedication or transfer of the Fire Station Parcel, and other payments, responsibilities, obligations or consideration as set forth herein; provided, however, that Developer and its successors-in-interest do not hereby waive the right to protest future adjustments of the City’s fees, if applicable, as and when such adjustments may be adopted by the City from time to time, in accordance with Government Code sections 66000, et seq. 4.1.2 Tax/Bond. Notwithstanding any provision herein to the contrary, nothing contained in this Agreement shall preclude the City from levying a voter-approved special tax or general obligation bond (ad valorem) tax or similar bond and/or tax measure against the property subject to the Development Agreement, provided such measure is uniformly and/or proportionately imposed, to the extent legally permitted and in accordance with applicable legal requirements, on the properties located within the boundaries of the City of South San Francisco. Section 4.2 Certificates of Compliance The City shall provide any written certification required to obtain building permits or other development approvals for the construction in the Campus Development (“Certificates of Compliance”). The City shall not be obligated to refund or otherwise reimburse Developer for any payments made by Developer in the event Developer fails in any manner to construct any portion of the Campus Development. ARTICLE 5 Default Provisions Section 5.1 Default or Breach In the event of default, breach or failure to perform any material obligation under this Agreement or of any of its terms or conditions (“Default”), the Party alleging such Default shall give the defaulting Party not less than thirty (30) days’ notice of the Default in writing, unless the Parties extend such time by mutual consent in writing. The notice of Default shall specify the nature of the alleged Default, and, where appropriate, the manner and period of time in which said Default may be satisfactorily cured. If the nature of the alleged Default is such that it cannot reasonably be cured within such thirty (30)-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. During any period of curing, the Party charged shall not be considered in Default for the purposes of termination or institution of legal proceedings. If the Default is cured, then no Default shall be considered to exist and the noticing Party shall take no further action. Any Default of a material provision of this Agreement not cured by the expiration of the cure period shall entitle the Party injured thereby to any and all remedies available by law. Section 5.2 Claims or Disputes Claims or disputes between the City and Developer (including, without limitation, demands for monetary compensation or time extensions) arising from or relating to this Agreement shall be handled in accordance with this Section 6.2. Promptly after identification of a claim or 82 G-10 dispute, authorized representatives of the Parties involved shall meet face-to-face to review and consider the claims (“Settlement Meeting”). The Settlement Meeting shall occur at the earliest practicable date and shall be for the express purpose of: (1) exchanging and reviewing pertinent documents and information relating to the matters and issues in dispute; (2) freely and candidly discussing each Party’s position; and (3) reaching agreement upon a reasonable, compromise resolution of the claim or dispute. Section 5.3 Mediation If any claim or dispute remains unresolved after the Settlement Meeting, the Parties shall promptly submit the matter to mediation by an experienced, mutually acceptable mediator in San Mateo County. If the Parties are unable to agree upon a mediator, they shall meet and confer to establish a mutually acceptable process for the selection of a mediator and coordinate the mediation. Unless the Parties both agree upon a longer period of time, the mediation shall be held no later than forty-five (45) days after the Settlement Meeting. No later than ten (10) days prior to mediation, the Parties shall exchange in a cooperative and forthright manner all documents, data and information relating to the claim or dispute, excepting only those items protected by the attorney-client or other applicable privilege. The Parties shall share equally the mediator’s fee for the mediation. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If parties are unable to settle the matter after mediation, then either Party may file suit in the court of competent jurisdiction in San Mateo County. ARTICLE 6 Transfers and Disclosures Section 6.1 Transfer Rights The assignment and transfer provisions contained in Article 8 of the Development Agreement are hereby incorporated herein by this reference and shall apply with respect to any transfers or assignment by the parties hereto with respect to this Agreement mutatis mutandis. Section 6.2 Conveyed Portions of the Property As set forth herein, the City’s rights with respect to the Property are limited to the Fire Station Parcel. The remaining portion of the Property shall be deemed released from any obligation set forth in this Agreement (the “Released Property”). The City and Developer hereby authorize and direct that any and all policies of title insurance with respect to the Released Property shall not include or describe the Agreement in matters affecting the condition of title to the Released Property, or applicable portions thereof, following the recordation of the Grant Deed. ARTICLE 7 ROFO and rofr rights Section 7.1 Developer’ Right of First Offer 83 G-11 7.1.1 Right of First Offer Trigger. Subject to the City’s compliance with the provisions of the California Surplus Land Act, if, at any time after the expiration of the Fire Station Development Period, the City desires to sell the Fire Station Parcel to an unaffiliated third party in a bona fide transaction, the City shall notify Developer in writing (the “ROFO Trigger Notice”) that it intends to offer the Fire Station Parcel for sale. Developer shall thereafter have a right of first offer to purchase the Fire Station Parcel upon the terms and conditions of this Section 7.1 (“ROFO”). The ROFO Trigger Notice shall include the City’s proposed purchase price for the Fire Station Parcel (the “ROFO Offer Price”). 7.1.2 ROFO Exercise Notice. Within sixty (60) days of Developer’ receipt of the ROFO Trigger Notice (the “ROFO Exercise Period”), Developer may notify the City in writing (the “ROFO Exercise Notice”) that it desires to exercise its ROFO to purchase the Fire Station Parcel: (i) at the ROFO Offer Purchase Price; or (ii) if Developer disagrees with the ROFO Offer Price, Developer shall propose in such notice the terms and conditions of its offer to purchase the Fire Station Parcel including but not limited to the proposed purchase price for the Fire Station Parcel (“ROFO Counter-Offer Price”). If the City agrees with the ROFO Counter-Offer Price, the City shall notify Developer in writing within fifteen (15) days following receipt of the ROFO Exercise Notice (the “City Acceptance Notice”). If the City disagrees with the ROFO Counter- Offer Price and/or fails to timely deliver the City Acceptance Notice, the City and Developer shall within thirty (30) days thereafter use commercially reasonable efforts to determine the purchase price of the Fire Station Parcel (the “ROFO Purchase Price”). During such 30-day period, the City shall provide Developer with customary information necessary to determine the ROFO Purchase Price. If the parties are unable to agree upon the ROFO Purchase Price within such 30-day period, each party will select an appraiser and the two appraisers will select a third appraiser. All appraisers selected to determine the ROFO Purchase Price shall come from JLL, Newmark, Eastdil or CBRE. Upon receipt of the appraisals, the outlier appraisal will be removed from consideration and the ROFO Purchase Price will equal the average of the two remaining appraisals. Upon determination of the ROFO Purchase Price, Developer shall have fifteen (15) days to provide the City with written notice of Developer’s intent to proceed with the purchase of the Fire Station Parcel at the ROFO Purchase Price (the “ROFO Proceed Notice”). Nothwithstanding anything to the contrary contained herein, all rights and obligations of Developer related to the ROFO pursuant to this Section 7.1 are subject to and contingent upon City’s obligations under and compliance with the California State Surplus Land Act. 7.1.3 Escrow Agreement. Within five (5) business days of the later of (i) the delivery of the ROFO Exercise Notice if Developer has accepted the ROFO Offer Price, (ii) the delivery of the City Acceptance Notice if the City has accepted the ROFO Counter-Offer Price, or (iii) the delivery of the ROFO Proceed Notice if a determination of the ROFO Purchase Price was required, Developer and the City shall enter into a commercially reasonable escrow agreement with the Title Company (“Escrow Agent”) which shall authorize Escrow Agent to hold and disburse the purchase price for the Fire Station Parcel and record the Deed (as defined herein), each in accordance with the terms thereof, and shall include terms and conditions similar to those related to the original conveyance of the Fire Station Parcel to the City pursuant to this Agreement (the “Escrow Agreement”). 7.1.4 Purchase Contract. Upon the acceptance of the terms and conditions within the ROFO Exercise Notice, City Acceptance Notice, or the ROFO Proceed Notice, as applicable, in 84 G-12 accordance with the provisions of Section 7.1.2 hereof, this Agreement shall automatically become a binding and enforceable Purchase and Sale Agreement between the City and Developer. City and Developer agree that any and all escrow fees, taxes, and transfer costs associated with the transaction described herein shall be handled in accordance with the terms of the customs located in the City of South San Francisco for the transfer of commercial property. 7.1.5 No ROFO for Alternative Public Use. Notwithstanding the foregoing, Developer shall not have a ROFO right if City elects to develop another public use on the Fire Station Parcel after the expiration of the Fire Station Development Period only if such alternative public use satisfies the Alternative Use Restriction. Section 7.2 Developer’ Right of First Refusal 7.2.1 Third Party Sale. Upon compliance with the terms of Section 7.1 above, the City shall have the option, in its sole discretion, to market the Fire Station Parcel for a sale with a third party (“Third Party Closing”); provided, however, that Developer shall maintain a right of first refusal (“ROFR”) on a Third Party Closing subject to the terms of this Section 7.2. 7.2.2 Right of First Refusal. (a) Notice of Third Party Closing. Subject to the City’s compliance with the provisions of the California Surplus Land Act, within five (5) business days following receipt of a term sheet or other expression or letter of intent by a third party to purchase the Fire Station Parcel (“Third Party LOI”) that is satisfactory to the City in its sole discretion, the City shall notify and send Developer such Third Party LOI which shall disclose to Developer the contemplated purchase price for the Fire Station Parcel (the “ROFR Trigger Notice”). (b) ROFR Exercise Notice. Within thirty (30) days after Developer’ receipt of the ROFR Trigger Notice (the “ROFR Exercise Period”), Developer may notify the City in writing (the “ROFR Exercise Notice”) that Developer exercises its option to purchase the Fire Station Parcel at the purchase price set forth in the ROFR Trigger Notice (the “ROFR Purchase Price”). Within five (5) business days following the ROFR Exercise Notice, Developer and the City shall enter into an Escrow Agreement with the Escrow Agent which shall authorize Escrow Agent to hold and disburse the ROFR Purchase Price for the Fire Station Parcel and record the Deed, each in accordance with the terms thereof. Nothwithstanding anything to the contrary contained herein, all rights and obligations of Developer related to the ROFR pursuant to this Section 7.2 are subject to and contingent upon City’s obligations under and compliance with the California State Surplus Land Act. (c) Purchase Contract. Upon receipt of the ROFR Exercise Notice pursuant to Section 7.2.2(b) of this Agreement, this Agreement shall automatically become a binding and enforceable Purchase and Sale Agreement between the City and Developer. For the avoidance of doubt, the terms of this Agreement shall supersede all provisions of the Third Party LOI except for the ROFR Purchase Price. 7.2.3 ROFR Conditional Waiver and Re-Offer. In the event that Developer either (a) fails to give the ROFR Exercise Notice within the ROFR Exercise Period, or (b) fails to consummate the transaction contemplated in this Section 7.2 for any reason, the City shall be free 85 G-13 to offer the Fire Station Parcel for sale in the market in accordance with, and subject to, this Section 7.2. Notwithstanding the foregoing, if the City does not sell the Fire Station Parcel to such third party at purchase price of 95% or more of the ROFR Purchase Price or does not close the sale of the Fire Station Parcel to such third party within nine (9) months from the expiration of the ROFR Exercise Period, then if the City still desires to market the Fire Station Parcel for sale, then the City shall be required to re-offer the Fire Station Parcel to Developer. 7.2.4 ROFR Rights Remain. For the avoidance of doubt, if at any time after complying with the provisions of Section 7.2, a sale to a third party by the City fails to close, Developer’ rights under this Section 7.2 shall remain in full force and effect for the remainder of the ROFO/ROFR Period. 7.2.5 No ROFR for Alternative Public Use. Notwithstanding the foregoing, Developer shall not have a ROFR right if City elects to develop another public use on the Fire Station Parcel after the expiration of the Fire Station Development Period only if such alternative public use satisfies the Alternative Use Restriction. Section 7.3 ROFO/ROFR Period 7.3.1 The City and Developer agree that Developer shall retain its ROFO and ROFR rights, as described in Sections 7.1 and 7.2 above, respectively, during the term of the Development Agreement, as may be extended (“ROFO/ROFR Period”). 7.3.2 The Escrow Agreement will provide the for at least a sixty (60) day due diligence period and allow Developer to access, inspect and perform its due diligence with respect to the Fire Station Parcel, and at any time prior to the expiration of the 60-day due diligence period, Developer can elect, in its sole discretion, to rescind its ROFO Exercise Notice, ROFO Proceed Notice, or ROFO Exercise Notice, as applicable, or proceed to closing on a closing date reasonably and mutually agreeable to the parties (“Closing Date”). The ROFO Offer Price, ROFO Counter- Offer Price, ROFO Purchase Price, or ROFR Purchase Price, as applicable (collectively, the “Purchase Price”), shall be payable to the Escrow Agent by wire transfer of immediately available funds as directed by the City on the Closing Date. The Purchase Price shall be adjusted as of the Closing Date for customary and ordinary prorations with respect to real estate taxes, assessments, and any other governmental taxes and charges levied or assessed against the Fire Station Parcel. ARTICLE 8 General Section 8.1 Governing Law This Agreement shall be construed in accordance with, and governed by, the laws of the State of California applicable to contracts to be performed wholly within the State. Section 8.2 Construction The Parties acknowledge and agree that each of the Parties and each of the Parties’ attorneys have participated fully in the negotiation and drafting of this Agreement. In cases of uncertainty as to the meaning, intent or interpretation of any provision of this Agreement, the 86 G-14 Agreement shall be construed without regard to which of the Parties caused, or may have caused, the uncertainty to exist. No presumption shall arise from the fact that particular provisions were or may have been drafted by a specific Party. “Business Days” means days other than Saturdays, Sundays, and federal and State legal holidays, and “days” means calendar days. If the time for performance of an obligation under this Agreement falls other than on a Business Day, the time for performance shall be extended to the next Business Day. The words “include” or “including” shall be read as if followed by the phrase “without limitation.” “Shall” is mandatory and “may” is permissive. All references to this Agreement shall include the Agreement as amended or supplemented in compliance with its terms. Any reference to a statute or regulation shall include any amendments thereto. The words “Party” or “Parties” refer only to named Parties to this Agreement. The definitions in this Agreement apply equally to both singular and plural of the defined term. Section 8.3 Force Majeure No Party shall be held responsible or liable for an inability to fulfill any obligation under this Agreement by reason of an act of God, natural disaster, accident, breakage or failure of equipment, strikes, lockouts, or other labor disturbances or labor disputes of any character, interruption of services by suppliers thereof, unavailability of materials or labor, rationing or restriction on the use of utilities or public transportation whether due to energy shortages or other causes, war, acts of terrorism, civil disturbance, riot, litigation or other legal action by a third party arising out of or relating to this Agreement, the Fire Station Parcel or the Fire Station, or by any other occurrence that is beyond the control of that Party (“Force Majeure”) or its authorized agents, contractors or assigns. Any Party relying on a Force Majeure shall give the other Part y reasonable notice thereof and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure, including without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third party and extending the time periods for performance. Section 8.4 Notices Any notice to be given hereunder to either Party shall be in writing and shall be given either by personal delivery (including express or courier service), by nationally recognized overnight courier, or by registered or certified mail, with return receipt requested, postage prepaid and addressed as follows: To the City: ______________________ ______________________ ______________________ ______________________ 87 G-15 With a copy to: ______________________ ______________________ ______________________ ______________________ To Developer: ______________________ ______________________ ______________________ ______________________ With copies to: ______________________ ______________________ ______________________ ______________________ Section 8.5 Relationship of Parties The relationship of the Parties to this Agreement is determined solely by the provisions of this Agreement. This Agreement does not create and shall not be construed to create any agency, partnership, joint venture, trust or other relationship with duties or incidents different from those of parties to an arm’s length contract. Each Party is an independent entity and shall be solely responsible for the employment, acts, omissions, control and direction of its employees. Except as expressly set forth herein, nothing in this Agreement shall authorize or empower any Party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf of or in the name of the other Party or to bind any other Party in a manner or make any representation, warranty or commitment on behalf of any other Party. Section 8.6 No Third Party Beneficiaries Nothing in this Agreement, whether express or implied, is intended to or shall do any of the following: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it; (b) relieve or discharge the obligation or liability 88 G-16 of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any Party to this Agreement. Section 8.7 Time is of the Essence Time is of the essence in the performance of each Party’s respective obligations under this Agreement. Section 8.8 Amendments/Waivers No amendment of, supplement to or waiver of any obligations under this Agreement will be enforceable or admissible unless set forth in writing signed by the Party against which enforcement or admission is sought. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. Section 8.9 Entire Agreement This Agreement, along with the Development Agreement and the Grant Deed, sets forth the entire understanding of the Parties relating to the transactions it contemplates, and supersedes all prior understandings relating to them, whether written or oral. There are no obligations, commitments, representations or warranties relating to them except those expressly set forth in this Agreement, the Development Agreement and the Grant Deed. Section 8.10 Severability If any provision of this Agreement is held invalid, void or unenforceable but the remainder of this Agreement can be enforced without failure of material consideration to any Party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the Parties; provided, however, that if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, then the Party adversely affected thereby shall have the right in its sole discretion to terminate this Agreement upon providing written notice of such termination to the other Party. In the event any provision in this Agreement is revised or eliminated pursuant to this Section which prevents the City from obtaining the Fire Station Parcel, the City shall be entitled to collect the Community Benefit Fees contemplated in SSFMC section 20.100.003(B) described above. Section 8.11 Signatures By signing below, each of the signatories represents and warrants that he or she has been duly authorized to execute this Agreement on behalf of the Party for whom he or she is signing. The Mayor or delegated representative further represents and warrants by their signature, that this Agreement has been duly ratified and approved by the City Council. Section 8.12 Successors and Assigns This Agreement shall bind and inure to the benefit of successors and assigns of the Parties, including successors in ownership of the Property and any portions thereof. 89 G-17 Section 8.13 Further Assurances Each Party to this Agreement shall at its own expense perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. [Signatures on Following Page] 90 4867-9363-4824.12 G-18 BN 76588575v1 BN 78690258v5 IN WITNESS WHEREOF, this Agreement has been entered into among the Parties as of the date first set forth above. CITY: CITY OF SOUTH SAN FRANCISCO By: Name: Title: Developer: HCP FORBES, LLC, a Delaware limited liability company By: Name: Title: APPROVED AS TO FORM: By: Name: ________________ City Attorney By: Name: Title: ___________________________ 91 G-19 BN 78690258v5 EXHIBIT A LEGAL DESCRIPTION AND MAP DEPICTION OF FIRE STATION PARCEL 92 G-20 BN 78690258v5 93 BN 76588575v1 G-21 EXHIBIT B FORM OF GRANT DEED [Attached below] Recording Requested by and when Recorded, return to: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 & 27388.1(a)(2) SUBJECT TO DOCUMENTARY PER REVENUE AND TAXATION CODE § 11911 APN: XXX-XXX-XXX (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE) GRANT DEED RECITALS A. HCP Forbes, LLC (“Grantor”) is the owner of the Property (as defined below). B. The City of South San Francisco (“Grantee”) agrees to purchase the Property, and Grantor agrees to sell the Property to Grantee, subject to the terms and conditions of the Fire Station Agreement approved by the City Council on ______ _____, _______ by Ordinance No. ________________________; and F. Grantor and Grantee agree that the purpose of this Grant Deed is to convey the Property to the Grantee pursuant to the terms set forth in the Fire Station Agreement. NOW THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee all that real property located in the City of South San Francisco, County of San Mateo, State of California and more particularly described in Exhibit A (“Property”), attached hereto and incorporated into this grant deed (“Grant Deed”) by this reference. This Grant Deed may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGES 94 BN 76588575v1 G-21 IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ____________________, 2024. GRANTOR: HCP FORBES, LLC By: SIGNATURES MUST BE NOTARIZED 5531630.1 95 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-18 Agenda Date:1/24/2024 Version:1 Item #:4. Report regarding a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library,Library I Parks and Recreation Center,for the March 5,2024 Presidential Primary Election and amending the Library Department’s Fiscal Year 2023-24 Operating Budget via Budget Amendment Number 24.029.(Valerie Sommer,Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division (SMCo Elections)to support a 30- Day Vote Center at the Main Library,Library I Parks and Recreation Center,for the March 5,2024 Presidential Primary Election and amending the Library Department’s Fiscal Year (FY)2023-24 Operating Budget via Budget Amendment Number 24.029. BACKGROUND/DISCUSSION From February 5,2024 through March 5,2024,South San Francisco Main Library,Library I Parks and Recreation Center,second floor Community Room,will serve as a Vote Center for the upcoming March 5,2024 Presidential Primary Election.Although San Mateo County has gone to an all-mailed ballot election,Vote Centers are still needed to assist those residents with ballot issues or to complete the voting process.Traditional polling places have been replaced by Vote Centers.Voting Centers are open for voting for an extended period and offer expanded voter services such as voter registration,multilingual assistance,and disabled access voting options.This will be the tenth election for which the Library,partnering with the City Clerk,provides Vote Center services.Establishment of accessible Vote Centers is an important factor in securing successful voter turnout.Funding will support library staff scheduled on site around regular library hours and Peninsula Library System Network setup costs. FISCAL IMPACT Funds received from SMCo Elections will be used to amend the Library Department’s FY 2023-24 Operating Budget. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #6:Community Connections, by providing a local vote site as a convenient option for local voters. CONCLUSION Receipt of these funds will support the 30-Day Early Vote Center at the Main Library for the March 5,2024 Presidential Primary Election.It is recommended that the City Council accept $4,069.14 in funding from SMCo Elections and amend the Library Department’s FY 23-24 Operating Budget via Budget Amendment 24.029. City of South San Francisco Printed on 1/19/2024Page 1 of 1 powered by Legistar™96 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-19 Agenda Date:1/24/2024 Version:1 Item #:4a. Resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library,Library I Parks and Recreation Center, for the March 5, 2024 Presidential Primary Election and approving Budget Amendment Number 24.029 WHEREAS,the City of South San Francisco (“City”)Strategic Plan includes a goal of creating community connections under Priority #6; and WHEREAS,the South San Francisco Main Library will serve as a 30-Day Vote Center for the upcoming March 5, 2024 Presidential Primary Election; and WHEREAS,the San Mateo County Registration and Elections Division has awarded the City $4,069.14 in funding to support the 30-Day Vote Center at the South San Francisco Main Library; and WHEREAS,the Vote Center will be available to assist residents with ballot issues and will provide expanded voter services, including voter registration, multilingual assistance, and disabled access to voting options; and WHEREAS,this will be the tenth election for which the Library,partnering with the City Clerk,provides voter services to help encourage a successful voter turnout; and WHEREAS,Library staff recommends to accept funding in the amount of $4,069.14 from the San Mateo County Registration and Elections Division to support a 30-Day Vote Center; and WHEREAS,funds will be used to amend Fiscal Year (FY)2023-24 Operating Budget of the Library Department via Budget Amendment Number 24.029. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $4,069.14 in funding from the San Mateo County Registration and Elections Division and approve Budget Amendment Number 24.029 to amend the Library Department’s FY 2023-24 Operating Budget to reflect an increase in both the revenue and appropriation. ***** City of South San Francisco Printed on 1/25/2024Page 1 of 2 powered by Legistar™97 File #:24-19 Agenda Date:1/24/2024 Version:1 Item #:4a. City of South San Francisco Printed on 1/25/2024Page 2 of 2 powered by Legistar™98 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1088 Agenda Date:1/24/2024 Version:1 Item #:5. 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 Section 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. Our City continues to develop at a rapid pace,placing an increased demand on the Fire Prevention Division to conduct development and construction based services (i.e.plan reviews,meetings,inspections,etc.)impacting the number of non-mandated businesses and facilities the division was able to inspect during this reporting period.However,we are happy to report we again were able to complete all State mandated (SB 1205)Group E and R Occupancy inspections.During the past year,the Fire Department was able to fill the previously vacant Deputy Fire Marshal Position.This internal promotion along with attrition has resulted in multiple vacancies at the Inspector rank level.The Fire Department is actively recruiting in hopes of being able to fill all current vacancies in the division.We continue to monitor community demands and prioritize risks to provide the best quality of service. FISCAL IMPACT There is no additional fiscal impact associated with adoption of this resolution.The resolution seeks to communicate and acknowledge compliance with inspections mandated by state law. RELATIONSHIP TO STRATEGIC PLAN City of South San Francisco Printed on 1/19/2024Page 1 of 2 powered by Legistar™99 File #:23-1088 Agenda Date:1/24/2024 Version:1 Item #:5. This action supports priority area four regarding Public Safety. 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 1/19/2024Page 2 of 2 powered by Legistar™100 EXHIBIT A DATE: December 2023 SUBJECT: Annual Inspection Compliance Report to Fulfill California Health and Safety Code Section 13146.4. Occupancy Type Total # of Occupancies Completed in FY 2022-2023 % Complete Group E (Schools, public & private) 23 23 100% Group R-1 (Hotels & Motels) 37 37 100% Group R-2 (Apartment & Condominiums) 517 517 100% Total E & R Occ. (Reportable) 577 577 100% Group A (Restaurants, Places of Warship) 108 71 66% Group B (Office, Professional Services) 543 129 24% Group F (Industrial, Factory) 237 59 25% Group H (Hazardous material) 1 1 100% Group I (Hospitals, Day Care Facilities) 12 12 100% Group L ( Labs, Bio-Tech, R&D) 165 15 9% Group M (Stores, Markets) 79 13 16% Group R-3.1 (Residential Care Facilities) 94 15 16% Group S ( Auto Repair, Warehouses) 337 80 24% Total Occupancy Inspections 1576 395 25% Re-inspection Varies 346 Fire Protection Systems Inspections Varies 917 Misc Varies 1 Total Inspections SOUTH SAN FRANCISCO FIRE DEPARTMENT Inspection Compliance Report South San Francisco Fire Department Annual Inspection Compliance Report 2236 101 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1089 Agenda Date:1/24/2024 Version:1 Item #:5a. 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 Section 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,while California Health and Safety Code Section 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 1/25/2024Page 1 of 1 powered by Legistar™102 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-76 Agenda Date:1/24/2024 Version:1 Item #:6. Report regarding a resolution authorizing submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2023-24 revenue budget adjustment upon receipt of funds pursuant to Budget Amendment Number 24.031.(Marissa Garren, Management Analyst II) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the submittal of an application for the Department of Resources Recycling and Recovery (CalRecycle)funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2023-24 revenue budget adjustment upon receipt of funds, pursuant to Budget Amendment Number 24.031. BACKGROUND/DISCUSSION The Department of Resources Recycling and Recovery (CalRecycle)offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC)Section 14581(a)(3)(A)of the California Beverage Container Recycling and Litter Reduction Act.CalRecycle is distributing $10.5 million in fiscal year (FY)2023-24 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers -aluminum,glass,plastic,and bi- metal.Projects implemented by cities and counties will assist in reaching and maintaining this goal.The allocation amount per jurisdiction is based upon the population in the incorporated areas of a city as of January 1,2023 (Department of Finance E-1 Population Estimates for Cities,Counties and the State with Annual Percent Change -January 1,2022 and 2023.Sacramento,California,May 2023).A requirement of the application is a resolution adopted by City Council authorizing the project funding application. Since 2005-06,the City of South San Francisco has taken advantage of this funding source to enhance its support of recycling programs,such as the purchase of multi-stream waste receptacles for various areas of the City,including the downtown area,Brentwood Shopping Center,city parks,and facilities.The City of South San Francisco’s allocation for 2023-24 is $16,427,and the proposed application is to fund the installation of additional Bigbelly dual-stream waste and recycling units and recycling education.The Bigbelly units include solar-powered compaction,are sensor-equipped,and communicate real-time status to collection crews to enable efficiencies.Cleanliness issues and safety issues,such as overflowing bins,litter,and pests will also be reduced while improving the quality of life in public spaces.These units also include display windows on both sides, City of South San Francisco Printed on 1/19/2024Page 1 of 2 powered by Legistar™103 File #:24-76 Agenda Date:1/24/2024 Version:1 Item #:6. available to promote city programs, events, and messages. FISCAL IMPACT Funding received from CalRecycle’s Beverage Container Recycling City/County Payment Program will be applied towards the installation of additional Bigbelly units and printed and digital outreach materials on proper sorting of trash and recycling.No match funding or increase to the Public Works operating budget is required. Adoption of this resolution will authorize the City’s Finance Department to amend the City’s revenue budget for fiscal year 2023-24 upon receipt of funds, which will be distributed in June/July 2024. RELATIONSHIP TO STRATEGIC PLAN The CalRecycle funds support Strategic Plan Priority #2:Quality of Life to build and maintain a sustainable city. This effort also contributes toward the City’s robust environmental and sustainability programs. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2023-24 revenue budget adjustment upon receipt of funds pursuant to budget amendment 24.031. **** * City of South San Francisco Printed on 1/19/2024Page 2 of 2 powered by Legistar™104 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-77 Agenda Date:1/24/2024 Version:1 Item #:6a. Resolution authorizing submittal of an application for Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2023-24 budget in the amount of $16,427 to support beverage container recycling programs in South San Francisco and authorizing the finance director to adjust the City’s fiscal year 2023-24 revenue budget upon receipt of funds pursuant to Budget Amendment Number 24.031. WHEREAS,pursuant to Public Resources Code sections 48000 et seq.,14581,and 42023.1(g),the Department of Resources Recycling and Recovery (CalRecycle)has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS,pursuant to Public Resources Code section 14581(a)(3)(A)of the California Beverage Container Recycling and Litter Reduction Act,CalRecycle is distributing $10,500,000 in fiscal year (FY)2023-2024 to eligible cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS,the purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers -aluminum,glass,plastic,and bi-metal.Projects implemented by cities and counties will assist in reaching and maintaining this goal; and WHEREAS,in furtherance of this authority,CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS,CalRecycle’s procedures for administering payment programs require,among other things,an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS,since 2005-06,the City of South San Francisco has utilized the CalRecycle funding source to enhance its support of recycling programs,such as the purchase of multi-stream waste receptacles for various areas of the City, including the downtown area, city parks, and green spaces; and WHEREAS,funding received from CalRecycle’s Beverage Container Recycling City/County Payment Program is expected to be applied towards printing of educational materials on proper sorting of trash and recycling,plus the installation of additional dual-stream Bigbelly waste and recycling units that would enhance collection efficiency and capacity for the City’s waste collection program and improve the quality of life in South San Francisco. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the submission of an application to CalRecycle for any and all payment programs offered to support beverage container recycling programs in South San Francisco. BE IT FURTHER RESOLVED that the City Manager,or her designee,is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment. BE IT FURTHER RESOLVED that the City Council authorizes the Finance Director,or his/her designee,to adjust the City’s fiscal year 2023-2024 revenue budget upon receipt of funds pursuant to Budget Amendment Number 24.031. City of South San Francisco Printed on 1/25/2024Page 1 of 2 powered by Legistar™105 File #:24-77 Agenda Date:1/24/2024 Version:1 Item #:6a. BE IT FURTHER RESOLVED that this authorization is effective upon adoption unless and until rescinded by the City Council. ***** City of South San Francisco Printed on 1/25/2024Page 2 of 2 powered by Legistar™106 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1081 Agenda Date:1/24/2024 Version:1 Item #:7. Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2022-23.(Karen Chang, Director of Finance) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2022-23 and making findings regarding the continuing need for unexpended balances of impact fees as of June 30, 2023 as required by the Mitigation Fee Act. BACKGROUND/DISCUSSION Under state law (Government Code Section 66000 et seq.),the City is authorized to collect fees from new development to fund necessary improvements to public facilities to mitigate the impacts of that new development.In Fiscal Year (FY)2022-23,the City administered 13 distinct impact fee and in-lieu fee programs along with one (1)sewer capacity charge.These programs support new development’s share of certain capital infrastructure projects.The impact fees charged are based upon a pro-rata share of estimated costs for necessary public improvements.The sewer capacity charge is a cost recovery charge based on the proportional benefit to the person or property being charged.It is associated with providing collection and treatment capacity through the existing infrastructure available and future capital projects. Government Code Section 66000 et seq.requires the City to review the status of collected impact fees and sewer capacity charges annually.The impact fee and sewer capacity charge report for fiscal year ending June 30,2023 (“AB 1600 Report”)is provided as Exhibit A to the resolution associated with this staff report.The table below is a summary of each fund’s ending balances as of June 30, 2023: Fees and Charges Area Ending Balance Bicycle and Pedestrian Impact Fee (1)Citywide $226,954 Childcare Impact Fee Citywide 14,107,544 Commercial Linkage Impact Fee (Affordable Housing)Citywide 15,028,387 Library Impact Fee Citywide 4,309 Park Construction Fee Citywide 10,048,248 Park Land Acquisition Fee Citywide 3,295,863 Public Arts In-Lieu Fee Citywide 142,886 Public Safety Impact Fee Citywide 2,083,802 Citywide Transportation Impact Fee Citywide 3,887,577 Oyster Point Interchange Impact Fee (2)Oyster Point 36,771 Park In-Lieu Fee Plan Area 2,442,361 Sewer Impact Fee Plan Area 5,275,564 Traffic Impact Fee (1)East of 101 17,525,894 Sewer Capacity Charges Plan Area 11,635,207 Total $85,741,367 City of South San Francisco Printed on 1/19/2024Page 1 of 3 powered by Legistar™107 File #:23-1081 Agenda Date:1/24/2024 Version:1 Item #:7. Fees and Charges Area Ending BalanceBicycle and Pedestrian Impact Fee (1)Citywide $226,954Childcare Impact Fee Citywide 14,107,544Commercial Linkage Impact Fee (Affordable Housing)Citywide 15,028,387Library Impact Fee Citywide 4,309Park Construction Fee Citywide 10,048,248Park Land Acquisition Fee Citywide 3,295,863Public Arts In-Lieu Fee Citywide 142,886Public Safety Impact Fee Citywide 2,083,802 Citywide Transportation Impact Fee Citywide 3,887,577 Oyster Point Interchange Impact Fee (2)Oyster Point 36,771 Park In-Lieu Fee Plan Area 2,442,361 Sewer Impact Fee Plan Area 5,275,564 Traffic Impact Fee (1)East of 101 17,525,894 Sewer Capacity Charges Plan Area 11,635,207 Total $85,741,367 (1)The fees have been superseded by the Citywide Transportation Impact Fee through Resolution 120-2020 adopted in October 2020. The fees are still in use for projects that received entitlements and are vested prior to November 22, 2020. (2)The ending balance does not include a loan balance of $2,050,152 from the former Redevelopment Agency,which is now the Successor Agency,for dollars advanced by the former RDA to complete the interchange before all impact fees had been collected. Aside from fund balances,under the requirements of AB 1600,the Report also needs to show the planned projects for the upcoming fiscal year (FY 2023-24)using the various impact and in-lieu fees or sewer capacity charges.This information can also be found in Exhibit A.The Report was also published on the City’s website on December 28, 2023. Report’s URL: <https://www.ssf.net/departments/finance/financial-reports/development-impact-fee-reports/-fsiteid-1> UNEXPENDED FUND(S) REMAINING FOR MORE THAN FIVE YEARS One of the provisions in the State law regulating development fees is to regularly review funds collected and held for more than five years and to make certain findings to continue to hold those funds. Given the multi- year nature of the capital projects to be financed, it is expected that funds will be accumulated and used based on the timing of construction. Below are the funds with unexpended collections remaining for more than five years. Bicycle & Pedestrian Impact Fee Fund Childcare Impact Fee Fund East of 101 Sewer Impact Fee Fund Beginning Fund Balance 7/1/2018 $ 926 $ 4,692,411 $ 2,838,901 Total Expenditures - 727,228 2,633,567 Unexpended Fees Subject to 5-year limitation at 6/30/23 $ 926 $ 3,965,183 $ 205,334 Bicycle and Pedestrian Impact Fee Fund (Fund 822) The unexpended funds are committed to Oyster Point & East Grand Corridor Improvement (tr1602). Childcare Impact Fee Fund (Fund 830) The unexpended funds are committed to two projects: >West Orange Library Preschool Conversion Project (total cost ~$12-$15 mil) The City has set a goal to create 100 new preschool spaces in the former main library building. Thousands of young scholars would benefit from this project over the course of the building’s lifespan. Remodeling and seismic retrofitting of the existing main library facility into a licensed preschool center is estimated to cost $15 million dollars. Conceptual design and cost estimates were completed in 2019 and escalated for cost increases in 2022. The West Orange library has been relocated to the Civic Campus in Fall 2023. City of South San Francisco Printed on 1/19/2024Page 2 of 3 powered by Legistar™108 File #:23-1081 Agenda Date:1/24/2024 Version:1 Item #:7. >Westborough Preschool (budgeted at $9 mil) The City is constructing a new licensed preschool facility to serve the growing need in the Westborough neighborhood.Childcare Impact Fees would fund the design and construction of a new facility,which the Parks and Recreation Department would operate.Staff is projecting the site would serve 40 children;however, design will confirm the size and scope of the building. East of 101 Sewer Impact Fee Fund (Fund 810) The unexpended funds of $205k are committed to the Water Quality Control Plant Pump Station #14 Upgrade (budgeted at $4.3 mil).This project is identified in the East of 101 Sewer Master Plan to implement necessary upgrades to the pump station to accommodate the new growth in “The Cove” area. FISCAL IMPACT This informational report is used to satisfy the annual reporting requirements.There is no financial impact related to this report,as impact fee revenues and expenditures have already been approved as part of the City’s budget.Reporting of this information satisfies the regulatory requirements for the City to continue to impose impact fees on new development. RELATIONSHIP TO STRATEGIC PLAN Adoption of the resolution supports the City’s strategy on financial stability. CONCLUSION The City’s impact fee program has helped fund important City infrastructure to accommodate growth from new development,which ultimately supports the City Council’s efforts to build better neighborhoods that can integrate new development while preserving the City’s existing character.The information contained in this report demonstrates the City’s current use of impact fee funds and the continued need for impact fee funding per the requirements of Government Code Section 66000 et seq. City of South San Francisco Printed on 1/19/2024Page 3 of 3 powered by Legistar™109 1 Annual Impact Fee Report For the City of South San Francisco For Fiscal Year 2022-23 This report contains information on the City of South San Francisco’s development impact fees for the Fiscal Year 2022-23. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. The report is not intended to provide a full picture of currently planned projects. It only reports project information, revenues, and expenditures for the Fiscal Year 2022-23. Government Code Section 66006 requires agencies to outline the status of development impact fees. Government Code Section 66001 requires local agencies to submit five-year financial reports. The annual report is available to the public within 180 days after the last day of the fiscal year. The report is presented to the public agency (the City Council) at least 15 days after it is made available to the public. This report summarizes each of the development impact fee programs. Requirements under Government Code Section 66006 are: 1. A brief description of the fee program. 2. The amount of the fee. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected, interest earned, and transfers/loans. 5. An identification of each public improvement. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees. 6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement. 7. The estimated date when projects will begin if enough revenues are available to construct the project. 8. The number of refunds made to property owners. This report also summarizes five-year reporting information for the Impact Fee programs as required under Government Code Section 66001: 1. The purpose of the fee expenditure. 110 2 2. The reasonable relationship between the fee and the purpose used. 3. All sources and amounts of funding anticipated to complete financing in incomplete improvements. 4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund. This report also contains information on the City of South San Francisco’s sewer capacity charges. Government Code Section 66013 requires agencies to submit annual reports on the status of sewer capacity charges. The public must have access to the report within 180 days after the last day of each fiscal year. This report summarizes the following information for the sewer capacity charges: 1. A description of the charges deposited in the fund. 2. The beginning and ending balance of the fund and the interest earned from investment in the fund. 3. The amount collected in that fiscal year. 4. An identification of all the following: a. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. b. Each public improvement on which charges were expended was completed during that fiscal year. c. Each public improvement that is anticipated to be undertaken in the following fiscal year. 5. A description of each interfund transfer or loan from the capital facilities fund, the date the loan will be repaid, and the rate of interest. In the case of an interfund transfer, the report identifies the public improvements on which the money is or will be expended. More detailed information on the various fee programs is available. Nexus studies, master plans, capital improvement programs, and budgets are all made public on the City's website. The City does not earmark impact fees for any specific project as revenues come in. Nexus studies outline capital improvement projects. Nexus studies examples may include future sewer infrastructure, transportation infrastructure, and other capital facilities. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action. 111 3 TABLE OF CONTENTS Citywide Impact Fee Program Bicycle and Pedestrian Impact Fee Fund (Fund 822) Overview and Required Findings ............................................................................ 5 Financial Reporting ................................................................................................. 6 Childcare Impact Fee Fund (Fund 830) Overview and Required Findings ............................................................................ 7 Financial Reporting ................................................................................................. 8 Commercial Linkage Impact Fee (Fund 823) Overview and Required Findings ............................................................................ 9 Financial Reporting ............................................................................................... 10 Library Impact Fee (Fund 824) Overview and Required Findings .......................................................................... 11 Financial Reporting ............................................................................................... 12 Park Construction Fee (Fund 806) Overview and Required Findings .......................................................................... 13 Financial Reporting ............................................................................................... 14 Park Land Acquisition Fee (Fund 805) Overview and Required Findings .......................................................................... 15 Financial Reporting ............................................................................................... 16 Public Arts (Fund 827) Overview and Required Findings .......................................................................... 17 Financial Reporting ............................................................................................... 18 Public Safety Impact Fee Fund (Fund 821) Overview and Required Findings .......................................................................... 19 Financial Reporting ............................................................................................... 20 Transportation Impact Fee (Fund 825) Overview and Required Findings .......................................................................... 21 Financial Reporting ............................................................................................... 22 112 4 Plan Area Impact Fee Programs Oyster Point Interchange Impact Fee Fund (Fund 840) Overview and Required Findings .......................................................................... 24 Financial Reporting ............................................................................................... 26 Park In-Lieu Fee (Funds 206 – 209) Overview and Required Findings .......................................................................... 27 Financial Reporting ............................................................................................... 28 East of 101 Sewer Impact Fee Fund (Fund 810) Overview and Required Findings .......................................................................... 29 Financial Reporting ............................................................................................... 30 East of 101 Traffic Impact Fee Fund (Fund 820) Overview and Required Findings .......................................................................... 31 Financial Reporting ............................................................................................... 32 Other Reportable Citywide Charges Sewer Capacity Charge Fund (Fund 730) Overview and Required Findings .......................................................................... 34 Financial Reporting ............................................................................................... 35 Fee Schedules ....................................................................................................................... 36 113 5 Bicycle and Pedestrian Impact Fee Program The City Council adopted this nexus study for the citywide impact fee program in 2017. The study identified the need to support the Bicycle Master Plan adopted by the City in February 2011 by Resolution 23-2011. The General Plan establishes that maintaining bicycle and pedestrian infrastructure requires funding sources. The Bicycle Master Plan recommends the completion of the City’s existing network of bicycle paths, lanes, and routes. Annual Reporting Information: 1. The purpose of the Bicycle and Pedestrian Impact Fee Program is to establish funding for completion of the City’s existing network of bicycle paths. Additional daily trips due to development projects place more demands on bicycle and pedestrian infrastructures in the city. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the Bicycle and Pedestrian Impact Fee. 3. Refer to page 6 of this report for the beginning and ending balance of the account for the Bicycle and Pedestrian Impact Fee. 4. See page 6 of this report for Bicycle and Pedestrian Impact Fees collected, and interest earned. 5. There were no projects worked on during the Fiscal Year 2022-23 using the Bicycle and Pedestrian Impact Fee funding. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There is no potential refund to property owners as available funds have been appropriated for future projects. 114 6 Bicycle and Pedestrian Impact Fee Program (Fund 822) This citywide development impact fee program funds bicycle and pedestrian improvements. Development projects generate additional daily trips that place more demands on bicycle and pedestrian infrastructures in the city. Beginning balance, July 1, 2022 $ 185,903 Additions Bicycle and Pedestrian Impact Fees collected $ 38,844 Interest Earned 3,479 Unrealized gains/losses (1,272) Total Additions $ 41,051 Total Disbursements - Remaining balance as of June 30, 2023 $ 226,954 Projects Appropriated from prior Fiscal Years Oyster Point & East Grand Corridor Improvement (tr1602) $ (156,915) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 70,039 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 50,347 $ 14,639 $ 50,901 $ 69,090 $ 41,051 2-Year Old funds 926 50,347 14,639 50,901 69,090 3-Year Old funds - 926 50,347 14,639 50,901 4-Year Old funds - - 926 50,347 14,639 5-Year Old funds - - - 926 50,347 Older than 5 Years old - - - - 926 Total Revenue Available $ 51,273 $ 65,912 $ 116,813 $ 185,903 $ 226,954 115 7 Childcare Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2001. The study identified the need for new and expanded childcare facilities in the City. Updates since 2001 to this fee program have included a periodic inflation change. The fee program includes a 5% administrative fee. The estimated cost of the new and expanded facilities included in the nexus study totaled $43.9 million. The nexus study identified new development’s share of the cost as 24.6% of the total new and expanded facilities cost. Development impact fee revenue was estimated at $11.3 million, which includes administrative costs of 5% of total fee revenue. Existing development’s share of the cost is $33.1 million (75.4% of new facilities) which must be funded with other funding sources. Other funding sources may include the City’s General Fund, grants, developer contributions, and Community Development Block Grants. Annual Reporting Information: 1. The purpose of the Childcare Impact Fee Program is to provide new development’s share of funding for new and expanded childcare facilities required at build-out of the City. 2. Refer to page 37 of this report for the fee schedule outlining the amount of the Childcare Impact Fee. 3. Refer to page 8 of this report for the beginning and ending balance of the account for the Childcare Impact Fee. 4. See page 8 of this report for the Childcare Impact Fees that have been collected, and interest earned. 5. There was one project worked on during Fiscal Year 2022-23 using the Childcare Impact Fee funding. 6. There are no projects planned for Fiscal Year 2023-24. 7. The approximate date for funding and constructing future facilities will be determined, at the discretion of the City Council, when adequate additional funds for facility construction have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund to property owners as available funds have been appropriated for future projects. 116 8 Childcare Impact Fee (Fund 830) This citywide development impact fee program funds new development’s fair share of new and expanded childcare facilities to serve the City. Beginning balance, July 1, 2022 $ 13,901,164 Additions Child Care Impact Fees $ 542,089 Interest Earned 248,825 Unrealized Gains/Losses (91,734) Total Additions $ 699,180 Disbursements % Fee Funded City Administration $ 2,800 100% Civic Campus Phase II (pf2103) 490,000 14% Total Disbursements $ (492,800) Remaining balance as of June 30, 2023 $ 14,107,544 Projects Appropriated from prior Fiscal Years Design & construct new preschool facility (pf2101) $ 8,863,350 West Orange Library Preschool Project (pf2301) 4,000,000 $ (12,863,350) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 1,244,194 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 920,469 $ 665,458 $ 642,118 $ 7,215,136 $ 699,180 2-Year Old funds 1,295,310 920,469 665,458 642,118 7,215,136 3-Year Old funds 527,347 1,295,310 920,469 665,458 642,118 4-Year Old funds 387,646 527,347 1,295,310 920,469 665,458 5-Year Old funds 163,207 387,646 527,347 1,295,310 920,469 Older than 5 Years old 2,242,749 2,388,979 2,737,625 3,162,673 3,965,183 Total Revenue Available $ 5,536,728 $ 6,185,209 $ 6,788,327 $ 13,901,164 $ 14,107,544 117 9 Commercial Linkage Fee Program The nexus study for this citywide impact fee program was adopted by the City Council in 2018 by Resolution 123-2018. The study justified the need to provide sufficient funding for affordable housing and established a nexus between the need for affordable housing and the impacts of commercial development within the City. The impact fee program supports the City of South San Francisco’s adopted 2015-2023 Housing Element, which includes the goal of promoting the provision of housing by both the private and public sectors for all income groups in the community. Annual Reporting Information: 1. The purpose of the Commercial Linkage Impact Fee program is to provide funding for affordable housing for employees who work in the City as a result of new commercial development. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the Commercial Linkage Impact Fee. 3. Refer to page 10 of this report for the beginning and ending balance of the account for the Commercial Linkage Impact Fee. 4. See page 10 of this report for Commercial Linkage Impact Fees that have been collected and interest earned. 5. There was no project worked on during FY 2022-23 using the Commercial Linkage Impact Fee funding. 6. There are no projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There were no potential refunds to property owners. 118 10 Commercial Linkage Impact Fee Program (Fund 823) The Commercial Linkage Fee (CLF) Ordinance (No. 1560-2018) was adopted by the City Council on August 22, 2018, establishing a fee on certain commercial development to generate local funding for affordable housing. Beginning balance, July 1, 2022 $ 8,914,100 Additions Commerical Linkage Impact Fees $ 7,377,990 Unrealized Gains/Losses (66,410) Interest Earned 187,576 Total Additions $ 7,499,156 Disbursements % Fee Funded Payroll $ 1,810 100% Professional Services and program 1,383,059 100% Total Disbursements $ (1,384,869) Remaining balance as of June 30, 2023 $ 15,028,387 Projects Appropriated from prior Fiscal Years Disposition of city-owned firehouse site at 201 Baden Ave and redevelopment of BMR units (1,025,000) Remaining balance after planned projects $ 14,003,387 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ 4,957,461 $ 5,375,874 $ 3,077,684 $ 7,499,156 2-Year Old funds - - 4,835,751 5,375,874 3,077,684 3-Year Old funds - - - 460,542 4,451,547 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ 4,957,461 $ 10,211,625 $ 8,914,100 $ 15,028,387 119 11 Library Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1608- 2020 amended the Municipal Code to include Chapter 8.74 establishing the library impact fee. Based upon the City’s projected population increase and current per capita usage of facilities and collections materials, the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard. The study identified the need to better implement the goals of maintaining adequate service standards in the face of the increase in library service demands. The study estimates that the total projected cost associated with future residential and non-residential development through 2040 would be approximately $7.8 million. Annual Reporting Information: 1. The Library Impact Fee is collected to provide new development’s share of funding for additional library space and materials to maintain current library service standard. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 12 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 12 of this report for fees collected and interest earned. 5. There were no projects worked on during FY 2022-23 using the Library Impact Fee. 6. There are no projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 120 12 Library Impact Fee (Fund 824) This citywide development impact fee program funds new development’s fair share for additional library space and materials to maintain current library service standard. Library Impact Fees for non- residential developments went into effect on November 23, 2020. Library Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2022 $ 674 Additions Library Impact Fee $ 3,622 Unrealized Gains/Losses - Interest Earned 13 Total Additions $ 3,635 Disbursements Payroll - Professional Services and program - Total Disbursements - Remaining balance as of June 30, 2023 $ 4,309 Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 4,309 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ - $ 674 $ 3,635 2-Year Old funds - - - - 674 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ - $ 674 $ 4,309 121 13 Park Construction Fee The nexus study for this impact fee program was adopted by the City Council in 2017. Ordinance 1520- 2016 amended the Municipal Code to include Chapter 8.67 adopting the parkland acquisition fee and park construction fee. The purpose of the Park Construction Fee is to provide funding for the construction of park facilities and improvements. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan call for 3 acres of parkland and facilities per 1,000 new residents and ½ an acre of parkland and facilities per 1,000 new employees. The City incurs the costs of administering the fee program and preparing analyses and reports related to it. Annual Reporting Information: 1. The purpose of the Park Construction Fee fund is to provide new development’s share of funding developing new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 14 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 14 of this report for the number of fees collected and interest earned. 5. There were two projects that were worked on during FY 2022-23 using the Park Construction Fee. Refer to page 14 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Park Construction Fee. 7. The approximate date for further funding and developing park land and recreation facilities will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There are no potential refunds to property owners. 122 14 Park Construction Fee (Fund 806) This citywide development impact fee program funds new development’s fair share for developing new park and recreation spaces. Beginning balance, July 1, 2022 $ 8,914,912 Additions Park Construction Fees $ 1,182,963 Unrealized Gains/Losses - Interest Earned 106,858 Total Additions $ 1,289,821 Disbursements % Fee Funded Orange Park Sport Field Innovation (pk1402) $ 111,360 47% Linden Park Project (pk2305) 45,125 48% Total Disbursements $ (156,485) Remaining balance as of June 30, 2023 $ 10,048,248 Projects Appropriated from prior Fiscal Years Transit Village Park (pk 2101) $ 1,000,000 Linden Park Project (pk2305) 254,875 Orange Park Sports Field Renovation (pk1402) 718,942 Sellick Park Renovation Project (pk1803) 55,575 Buri Buri Field & Court Improvements (pk1804) 24,079 Avalon Parks Improvements pk (1805) 18,524 $ (2,071,995) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 7,976,253 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 2,112,813 $ 1,158,551 $ 3,069,717 $ 3,739,827 $ 1,289,821 2-Year Old funds 3,702 1,116,514 1,158,551 3,069,717 3,739,827 3-Year Old funds - - 1,116,514 1,158,551 3,069,717 4-Year Old funds - - 946,817 1,158,551 5-Year Old funds - - - - 790,332 Older than 5 Years old - - - - - Total Revenue Available $ 2,116,515 $ 2,275,065 $ 5,344,782 $ 8,914,912 $ 10,048,248 123 15 Park Land Acquisition Fee The City Council adopted the nexus study for this impact fee program in 2017. Ordinance 1520 -2016 amended the Municipal Code to include Chapter 8.67, adopting the parkland acquisition fee and park construction fee to generate funding for parks in South San Francisco. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan each lay out specific park requirements. The current need is three acres of park land per one thousand future residents and one half of an acre per one thousand new employees is the current need. This fee differs from the City’s Quimby Act fee in Section 19.24.040 et seq of the Municipal Code. The Quimby Act allows for the imposition of land dedication requirements and in-lieu fees for residential subdivisions. The Act does not apply to other types of residential development projects or commercial development projects. The Park Land Acquisition Fee is applied to residential and non-residential development projects to support the demands for parks and recreation spaces generated by new residents of residential development projects and new employees of non-residential development projects. The nexus study calculated the fee for park land acquisition based on the number of residents generated by each new type of residential unit and the number of employees per 1,000 square feet in non -residential development projects. The City adopted the Park Land Acquisition Fee under the authority of the Mitigation Fee Act. Annual Reporting Information: 1. The purpose of the Park Land Acquisition Fee fund is to provide new development’s share of funding for acquiring new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 16 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 16 of this report for fees collected and interest earned. 5. One project utilized the Park Land Acquisition Fee fund in FY 2022-23. Refer to page 16 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Park Land Acquisition Fee. 7. The approximate date for funding and acquiring park land will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 124 16 Park Land Acquisition Fee (Fund 805) This citywide development impact fee program funds new development’s fair share for acquiring new park and recreation spaces. Beginning balance, July 1, 2022 $ 3,230,072 Additions Park Land Acquisition Fee $ 78,353 Unrealized Gains/Losses - Interest Earned 35,416 Total Additions $ 113,769 Disbursements % Fee Funded Payroll $ - Linden Park Project (pk2305) 47,978 52% Total Disbursements $ (47,978) Remaining balance as of June 30, 2023 $ 3,295,863 Projects Appropriated from prior Fiscal Years Transit Village Park (pk2101) $ 2,000,000 Linden Park Project (pk2305) 952,022 $ (2,952,022) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 343,841 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 311,271 $ 502,798 $ 771,214 $ 1,627,779 $ 113,769 2-Year Old funds 54,663 311,271 502,798 771,214 1,627,779 3-Year Old funds - 54,663 311,271 502,798 771,214 4-Year Old funds - - 18,490 311,271 502,798 5-Year Old funds - - - 17,010 280,303 Older than 5 Years old - - - - - Total Revenue Available $ 365,934 $ 868,732 $ 1,603,773 $ 3,230,072 $ 3,295,863 125 17 Public Arts In-Lieu Fee In October 2020, the City Council passed ordinance number 1613-2020 creating the public art requirement. The City is dedicated to improving infrastructure, economic development, and cultural diversity through acquisition and exhibition of public art. The public art requirement applies to any new non-residential development project and that it requires such projects to contribute public art with a value of at least one percent (1%) the amount of construction costs. In lieu of contributing public art, the public art requirement will allow for the payment of an in-lieu fee into a public art fund at the value of half of one percent (0.5%) of the amount of construction costs. Annual Reporting Information: 1. The Public Arts In-Lieu Fee is collected to provide cultural and artistic art to enhance the quality of life for individuals living in, working in, and visiting the City. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 18 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 18 of this report for fees collected and interest earned. 5. There were no projects during FY 2022-23 using the Public Arts In-Lieu Fee. 6. There are plans to purchase various art sculptures in FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 126 18 Public Arts In-Lieu Fee (Fund 827) This citywide in-lieu fee funds cultural diversity through acquisition and exhibition of public art in the City. Beginning balance, July 1, 2022 $ - Additions In-Lieu Fees $ 142,109 Unrealized Gains/Losses - Interest Earned 777 Total Additions $ 142,886 Disbursements Payroll - Total Disbursements - Remaining balance as of June 30, 2023 $ 142,886 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 Purchase of various art sculptures $ (120,000) Remaining balance after planned projects $ 22,886 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ - $ - $ 142,886 2-Year Old funds - - - - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ - $ - $ 142,886 127 19 Public Safety Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2012. The study identified the need for new and expanded public safety capital facility and equipment to support new development projects. This fee program also includes an annual inflation adjustment. The fee program includes a 2% administrative fee. The estimated cost of the new and expanded public safety equipment and facilities included in the nexus study totaled $40.4 million. The nexus study identified new development’s share of the cost at $10.4 million (25.6% of the total new and expanded equipment and facilities cost). Existing development’s share of the cost is $30.0 million (74.4% of new equipment and facilities) which must be funded with other funding sources such as the City’s General Fund, grants, or developer contributions. Annual Reporting Information: 1. The Public Safety Impact Fee is collected to provide new development’s share of funding for new and expanded public safety capital facility and equipment required at build out of the City. 2. Refer to page 39 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 20 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 20 of this report for fees collected and interest earned. 5. Two projects were worked on during FY 2022-23 using the Public Safety Impact Fee fund. Refer to page 20 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Public Safety Impact Fee fund. 7. The approximate date for further funding and constructing facilities and procuring future equipment identified in the nexus study will be determined when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 128 20 Public Safety Impact Fee (Fund 821) This citywide development impact fee program funds new development’s fair share of new and expanded capital facility and equipment to serve the City. Beginning balance, July 1, 2022 $ 2,551,609 Additions Impact Fees - Fire $ 232,435 Impact Fees - Police 186,678 Unrealized Gains/Losses (16,942) Interest Earned 45,949 Total Additions $ 448,120 Disbursements % Fee Funded Police Ops & 911 Dispatch Center (pf2208) $ 149,723 100% Training Tower maintenance (pf1704) 1,662 26% Equipment purchases 727,470 100% Prior Year Balance Adjustment 37,072 Total Disbursements $ (915,927) Remaining balance as of June 30, 2023 $ 2,083,802 Projects Appropriated from prior Fiscal Years Training Towner Maintenance (pf1704) $ 359,763 Fire Station 64 Dorm and Bathroom Remodel (pf1805) 17,472 Police Ops and 911 Dispatch Ctr (PSIF) (pf2208) 281,536 $ (658,771) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 1,425,031 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 479,101 $ 479,419 $ 246,467 $ 1,681,422 $ 448,120 2-Year Old funds 822,129 479,101 479,419 246,467 1,635,682 3-Year Old funds - 438,152 479,101 479,419 - 4-Year Old funds - - 294,400 144,301 - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ 1,301,230 $ 1,396,672 $ 1,499,387 $ 2,551,609 $ 2,083,802 129 21 Transportation Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1607- 2020 amended the Municipal Code to include Chapter 8.68 establishing the transportation impact fee. The nexus study identified the need for transportation improvements and facilities needed to serve the growth, and the estimated costs of those improvements and facilities. The nexus study has identified $160.8 million in transportation infrastructure improvements such as roads, sidewalks, traffic lights, bicycle lanes and pathways, curbs and gutters, and medians caused by new developments throughout the City. The City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with the new development by providing for the payment of the citywide Transportation Impact fee. Annual Reporting Information: 1. The Transportation Impact Fee is collected to provide new development’s share of funding for new and expanded transportation capital facility and equipment required at build out of the City. 2. Refer to page 39 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 22 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 22 of this report for fees collected and interest earned. 5. One project was worked on during FY 2022-23 using the Transportation Impact Fee. Refer to page 22 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are 15 projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 130 22 Transportation Impact Fee (Fund 825) This citywide development impact fee program funds new development’s fair share for transportation improvements and facilities needed to serve the City. Transportation Impact Fees for non-residential developments went into effect on November 23, 2020. Transportation Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2022 $ 3,890,857 Additions Impact Fees $ 8,036 Unrealized Gains/Losses (25,049) Interest Earned 67,831 Total Additions $ 50,818 Disbursements % Fee Funded Junipero Serra Westborough Blvd Corridor Feasibility Project (st2301) $ 54,099 73% Total Disbursements $ (54,099) Remaining balance as of June 30, 2023 $ 3,887,577 Projects Appropriated from prior Fiscal Years Bridge Preventive Maintenance Program (st1703) $ 14,911 Junipero Serra Westborough Corridor Feasibility Study(st2301) 150,901 Oyster Point & East Grand Corridor Improvement (tr1602) 927,029 Grand Avenue Off-Ramp Realignment (tr2201) 3,220,000 East 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 30,000 Right of Way Infrastructure Assessment & Upgrades (tr2302) 80,000 $ (4,422,841) Planned Projects for Fiscal Year 2023-24 Street improvement at Elm Court, Hillside Blvd, Park Way and Ponderosa Road (st2401) $ 1,000,000 Misc Traffic Improvements (tr2301) 300,000 Airport Blvd Bike/Pedestrian Gap Closure Study (tr2401) 300,000 El Camino Real Bike/Pedestrian Improvement (tr2402) 300,000 Traffic Signal Safety Improvement Project (tr2403) 500,000 Chestnut Ave & Commercial Ave Intersection Improvement (tr2404) 300,000 Citywide School Traffic Calming Improvement (tr2405) 600,000 Traffic Studies and Grant Support (tr2406) 300,000 Bay Trail-Centennial Way Trail Gap Closure (tr2407) 100,000 Signalized Intersection Battery Backup System (tr2408) 2,000,000 Oyster Point Blvd Corridor Study (tr2409) 100,000 Spruce Ave Corridor Study (tr2410) 100,000 131 23 Gateway Blvd Corridor Study (tr2411) 100,000 Forbes Blvd Corridor Study (tr2412) 100,000 El Camino @1st Street Centennial Trail Gap closure (tr2413) 200,000 $ (6,300,000) Remaining balance after planned projects $ (6,835,265) Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ 1,962,343 $ 1,928,514 $ 50,818 2-Year Old funds - - - 1,962,343 1,928,514 3-Year Old funds - - - - 1,908,245 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ 1,962,343 $ 3,890,857 $ 3,887,577 132 24 Oyster Point Interchange Impact Fee Program The City Council adopted this plan area fee program on May 23, 1984, using a February 1983 Feasibility Study prepared by Nolte and Associates in conjunction with Resolution No. 71-84 which created the “Oyster Point Contribution Formula.” The 1983 Feasibility Study identified the need for the Oyster Point Interchange project, which was, at that time, referred to as the grade separation project. Updates to the fee program since 1984 include the following: 1. An ongoing inflation adjustment. 2. June 26, 1996, fee program changes via Resolution No. 102-96 included adjustments for: a. the inflationary index that reduced the fee by approximately 22%, b. the project description which increased the scope of the project to include the Terrabay hook ramps and the southbound off-ramp flyover, and the use of more current trip generation rates. 3. October 9, 1996 fee program change via Resolution No. 152-96 that added additional land uses with their associated trip generation rates. The Feasibility Study identified new development’s share of the grade separation project cost at 64.8% and existing development’s share of the cost at 35.2%. The grade separation was completed and funded in 1995 and is not part of this annual report. The increased scope portion of the project, added in 1996, was identified as being 100% the responsibility of new development. Of this additional scope, the flyover, estimated to cost $6.4 million, was completed in 2005, and the hook ramps, estimated to cost $15 million, were completed in October 2006. Additional work relating to property transfers and gaining final Caltrans project acceptance is ongoing. Annual Reporting Information 1. The purpose of the Oyster Point Interchange Impact Fee Program is to provide new development’s share of funding for this project required at build-out of the plan area. 2. Refer to page 26 of this report for the beginning and ending balance of the account for this fee. 3. Refer to page 26 of this report for fees collected and interest earned. 4. The reasonable relationship between the Oyster Point interchange impact fee and the purpose for which it is charged is demonstrated in the 1983 Feasibility Study by Nolte and Associates, and in the fee program updates in Resolution No. 102-96 and Resolution No. 152-96. As of June 30, 2023, there continues to be a need for Oyster Point Interchange Impact fees due to further developments in that area of South San Francisco. 5. The sources and amounts of funding anticipated for Oyster Point Interchange projects can be found in the updates adopted via Resolution No. 102-96 and Resolution No. 152-96. Additional working relating to property transfers and gaining final Caltrans project acceptance is ongoing. 133 25 6. Buildout in the Oyster Point Interchange area is ongoing due to further developments in South San Francisco. The City’s buildout is assumed to occur over a 20-year period, which is consistent with the General Plan. 7. No projects were worked on during FY 2022-23 using the Oyster Point Interchange Impact Fees funds. 8. There are currently no planned projects for Oyster Point Interchange impact fees for FY 2023- 24. 9. The fund has one loan from the former Redevelopment Agency. Please refer to page 26 of this report. The amount owed as of June 30, 2023, is approximately $2.05 million. Since the dissolution of the Redevelopment Agency in 2012, the interest rate charged by the Successor Agency is 0%. The loan is repaid as new impact fee revenue is received. Given that the amount of future impact fee revenue is unknown, the repayment date is unknown. There were no other interfund transfers or loans. 10. There are no potential refunds of Oyster Point Interchange Impact Fees to property owners. 11. Refer to page 40 of this report for the fee schedule outlining the amount of the Oyster Point Interchange Impact Fee. 134 26 Oyster Point Interchange Impact Fee (Fund 840) This plan area development impact fee program funds new development’s fair share of the Oyster Point Interchange project. Beginning balance, July 1, 2022 $ 29,836 Additions Impact Fees $ 105,913 Unrealized Gains/Losses (564) Interest Earned 1,586 Total Additions $ 106,935 Disbursements Repayment of RDA Loan $ 100,000 Total Disbursements $ (100,000) Remaining balance as of June 30, 2023 $ 36,771 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 36,771 Loans to Oyster Point Interchange Fee Fund from Successor Agency to RDA Due Date and Interest Rate Outstanding Balance as of July 1, 2022 $ 2,150,152 None & 0% Less: Payment during FY 2022-23 (100,000) Outstanding Balance as of June 30, 2023 $ 2,050,152 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 72,256 $ 78,634 $ 75 $ 29,836 $ 36,771 2-Year Old funds - - 38,634 - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ 72,256 $ 78,634 $ 38,709 $ 29,836 $ 36,771 135 27 Park In-Lieu Fee City of South San Francisco Municipal Code, Title 19 Subdivisions, Chapter 19.24 Improvements requires every subdivider who subdivides land to dedicate a portion of such land, pay a fee, or do both, for the purpose of providing park and recreational facilities to serve future residents of such subdivision. The in-lieu fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure x Average Residents per Unit x 0.003 (3 acres per 1,000 Residents) x Average Fair Market Value per acre = in-lieu fee]. Fees shall be adjusted annually in accordance with the All Urban Consumers, San Francisco-Oakland-San Jose (AUC-CPI); such annual adjustment shall be approved by resolution of the City Council. In addition, the City may collect reasonable administrative fee to cover the cost of administering the program. Annual Reporting Information 1. The purpose of the Park in-lieu fee is to acquire land and develop new parks and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 28 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 28 of this report for fees collected, and interest earned. 5. Three projects were worked on during FY 2022-23 using the Park In-Lieu Fee. 6. There are no planned projects for FY 2023-24 using the Park In-Lieu Fee. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds of Park In-Lieu Fees to property owners. 136 28 Park In-Lieu Fee (Funds 206 – 209) The Park In-Lieu fee may only be used for acquiring land and developing new park and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. Beginning balance, July 1, 2022 $ 2,959,482 Additions Unrealized Gains/Losses $ (18,074) Interest Earned 48,562 Total Additions $ 30,488 Disbursements % Fee Funded Centennial Trail Improvements (pk2302) $ 404,038 100% Centennial Trail Vision Plan (pk2103) 4,495 100% Orange Park Sports Field Renovation (pk1402) 128,072 53% Prior Year Balance Adjustment 11,004 Total Disbursements $ (547,609) Remaining balance as of June 30, 2023 $ 2,442,361 Projects Appropriated from prior Fiscal Years Orange Park Sports Field Renovation (pk1402) $ 22,149 Gardiner Park Playground Replacement(pk1806) 7,603 Hillside School Soccer Field Renovation (pk1807) 20,099 Centennial Trail Vision Plan(pf2103) 3,936 Centennial Trail Improvements(pk2302) 1,995,962 $ (2,049,749) Total Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 392,612 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 1,334,811 $ 2,711,304 $ 8,479 $ (119,110) $ 30,488 2-Year Old funds 1,857 1,334,811 2,711,304 8,479 (119,110) 3-Year Old funds 876,288 1,857 1,131,120 2,711,304 8,479 4-Year Old funds 14,695 790,760 - 358,809 2,522,504 5-Year Old funds 10,543 - - - - Older than 5 Years old 597,282 - - - - Total Revenue Available $ 2,835,476 $ 4,838,732 $ 3,850,903 $ 2,959,482 $ 2,442,361 137 29 East of 101 Sewer Impact Fee Program The 2002 nexus study for this fee was adopted by the City Council in 2002. The study identified the need for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City of South San Francisco. This fee program also includes an annual inflation adjustment. The estimated cost of the 20 new and expanded sewer projects included in the study totaled $21.4 million. The study identified new development’s share of the cost of the required facilities at $15.5 million (72.4% of the total new and expanded facilities cost) while existing development’s share of the cost (existing deficiency) is $5.9 million (27.6% of new facilities). New development’s share of the cost, $15.5 million, was increased to include some master planning costs ($425,000) and some CEQA reviewing costs ($600,000) for a total cost to new development of $16,425,000. Of that amount, $12,429,000 was to be sewer impact fee funded and $4,066,000 was to be funded directly by developer contributions. Of the twenty total projects listed in the nexus study, eleven projects are either fully or partially funded with the sewer impact fee funds, four are existing development’s responsibility, four are to be funded by developer contributions, and one is to be funded with a combination of developer contributions and revenues from existing development. Existing development’s share will be funded with the sewer charges appearing on property tax bills as a direct levy. Annual Reporting Information 1. The purpose of the Sewer Impact Fee Program is to provide new development’s share of funding for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 at build-out of the plan area. 2. Refer to page 40 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 30 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 30 of this report for fees collected, and interest earned. 5. There were no projects worked on during FY 2022-23 using the Sewer Impact Fee. 6. There are two projects planned for FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund of Sewer Impact Fees to property owners. 138 30 East of 101 Sewer Impact Fee (Fund 810) This plan area development impact fee program funds new development's fair share of new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City. Beginning balance, July 1, 2022 $ 4,872,806 Additions Impact Fees $ 350,946 Unrealized Gains/Losses (31,836) Interest Earned 86,447 Total Additions $ 405,557 Disbursements % Fee Funded City Administration $ 2,800 100% Total Disbursements (2,800) Remaining balance as of June 30, 2023 $ 5,275,564 Projects Appropriated from prior Fiscal Years Pump Station #14 upgrade (ss1902) $ (4,300,000) Planned Projects for Fiscal Year 2023-24 Oyster Point Sewer Upsize Project (ss2401) $ 100,000 Sewer Master Plan (ss1801) 45,000 Total Planned Projects for Fiscal Year 2023-24 $ (145,000) Remaining balance after planned projects $ 830,564 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 1,881,711 $ 1,491,477 $ 452,369 $ 839,146 $ 405,557 2-Year Old funds 2,265,191 1,881,711 1,491,447 452,369 839,146 3-Year Old funds 188,815 2,034,651 1,881,711 1,491,447 452,369 4-Year Old funds 100,417 - 318,752 1,881,711 1,491,447 5-Year Old funds - - - 208,133 1,881,711 Older than 5 Years old - - - - 205,334 Total Revenue Available $ 4,436,134 $ 5,407,839 $ 4,144,279 $ 4,872,806 $ 5,275,564 139 31 East of 101 Traffic Impact Fee Program The 2001 nexus study for this plan area fee was adopted by the City Council in 2002. The study identified the need for new and expanded roadway and intersection improvements to serve the area located east of US 101 in the City of South San Francisco. The study was updated on May 6, 2005, and on July 19, 2007. This fee program includes an annual inflation adjustment and a 2.5% administrative fee. The estimated cost of the new and expanded facilities included in the 2007 study totaled $38.5 million ($32.4 million in net cost after accounting for fees already received). There are 26 road improvements listed in the 2007 study and two studies for a total of 28 projects. The study determined that new development would be responsible for 100% of the cost of the 28 projects. The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. Annual Reporting Information 1. The purpose of the Traffic Impact Fee Program is to provide new development’s share of funding for new and expanded roadway and intersection improvements to serve the area located east of US 101 at build-out of the plan area. 2. See page 40 of this report for the fee schedule outlining the amount of the fee. 3. See page 32 & 33 of this report for beginning and ending balance of the account for this fee. 4. See page 32 & 33 of this report for fees collected and interest earned. 5. Eleven projects were worked on during FY 2022-23 using the Traffic Impact Fee. 6. There are no projects planned for FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds of East of 101 Traffic Impact Fees to property owners. 140 32 East of 101 Traffic Impact Fee (Fund 820) This plan area development impact fee program funds new development's fair share of new and expanded roadway and intersection improvements east of US 101 to serve the City of South San Francisco. Beginning balance, July 1, 2022 $ 20,870,700 Additions Impact Fees $ 1,012,406 Unrealized Gains/Losses (133,616) Interest Earned 359,764 Total Additions $ 1,238,554 Disbursements % Fee Funded City Administration $ 2,800 100% Colma Creek Oak Ave Pedestrian Bridge (sd2202) 19,924 100% Grand Avenue Streetscape (st1801) 1,868,773 100% Station to East Grand Bike Gap Closure (st2003) 993,241 100% South Airport Blvd Improvement Project (st2004) 414,981 100% Oyster Pt & E. Grand Corridor Improvement (tr1602) 73,271 100% Adaptive Traffic Control System (tr1901) 116,186 100% Hillside and Lincoln Traffic Signal (tr1906) 707,749 95% Utah and Harbor Intersection Improvement (tr2101) 68,876 100% DNA Way & Allerton Ave at E Grand Signal (tr2102) 264,412 100% East of 101 Bicycle Safety Improvement (tr2104) 1,018 100% East of 101 Transit Shelter& Bulb Turnout-MTC (tr2203) 52,129 100% Total Disbursements $ (4,583,359) Remaining balance as of June 30, 2023 $ 17,525,894 Projects Appropriated from prior Fiscal Years Colma Creek Oak Ave Pedestrian Bridge (sd2202) $ 197,516 Grand Ave Streetscape (st1801) 2,639,815 Station to East Grand Bike Gap Closure (st2003) 86,886 South Airport Blvd Improvement Project (st2004) 33,376 South Airport Blvd/Utah Ave (tr1010) 245,243 Grand/East Grand(TIF#26) (tr1103) 254,631 US-101 Produce Ave Interchange (TIF#39) (tr1404) 2,890,000 Oyster Pt & East Grand Corridor Improvement (tr1602) 2,641,824 Adaptive Traffic Control System (tr1901) 1,714,134 East of 101 Traffic Signal IDEA Grant (tr1902) 129,383 Hillside and Lincoln Traffic Signal (tr1906) 544,973 Utah and Harbor Intersection Improvement (tr2101) 2,576,085 DNA way and Allerton Ave at E Grand Signal (tr2102) 63,015 141 33 East of 101 Bicycle Safety Improvement (tr2104) 15,140 East 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 173,252 $ (14,205,272) Total Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 3,320,622 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 8,837,963 $ 5,058,500 $ 44,230 $ 4,275,208 $ 1,238,554 2-Year Old funds 5,716,072 8,837,963 5,058,500 44,230 4,275,208 3-Year Old funds 119,374 5,716,072 8,837,963 5,058,500 44,230 4-Year Old funds 1,745,975 119,374 5,716,072 8,837,963 5,058,500 5-Year Old funds 1,462,604 1,745,975 119,374 2,654,799 6,909,402 Older than 5 Years old 2,711,469 3,537,862 2,751,828 - - Total Revenue Available $ 20,593,457 $ 25,015,746 $ 22,527,967 $ 20,870,700 $ 17,525,894 142 34 Sewer Capacity Charge Program The original analysis was adopted by the City Council in 2000 and annual updates included a preset adjustment to the charges based on borrowing costs. The most current Sewer Capacity Charge Analysis by Bartle Wells & Associates is dated August 26, 2009 and was adopted by the City Council in April of 2010 to be effective in Fiscal Year 2010-11. This analysis identifies the need for sewer collection and treatment capacity in the City of South San Francisco. There are two components to the Sewer Capacity Charge: the capital assets valuation charge and the capital improvements charge. The capital assets charge accounts for the existing value of the sewer collection and treatment system which is calculated using the depreciated replacement cost of the system’s assets. The capital assets charge (also called a “buy-in” fee) assigns a value to the benefit that new development receives from the availability of sewer capacity (which existing development has maintained over the years through the sewer rates). The total depreciated replacement value is $161.6 million, of which 37.2 percent is new development’s fair-share, or $60.1 million. The second component is the charge for future improvements to the system identified in the City’s Capital Improvement Program. The total cost of these future improvements is $84.6 million, the fair-share allocation to new development is 37.2 percent of that amount, or $29.8 million. The total fair-share is $90 million. These funds may be used for capital improvements to maintain capacity in the system. Annual Reporting Information: 1. Refer to page 35 of this report for the beginning and ending balance of the account for the sewer capacity fund, the amount of charges collected, and the interest earned from investment of money in the fund. 2. No projects were worked on during FY 2022-23 using the sewer capacity charge program. 3. There are no projects planned for FY 2023-24. 4. The sewer capacity charges do not exceed the estimated reasonable costs of providing the facilities for which the fee is charged (see Cal. Gov. Code § 66013, subd. (a)). 5. The sewer capacity charge’s accounting and reporting requirements are being met, i.e., the revenues are kept in a separate fund and the City provides annual reports on the use of the funds collected (see Cal. Gov. Code §§ 66013, subds. (c) and (d)). 6. There were not any interfund transfers or loans. 143 35 Sewer Capacity Charges (Fund 730) This fee program funds the cost associated with providing collection and treatment capacity to new development, both through the existing infrastructure provided, and through future capital projects not funded by other sources. Beginning balance, July 1, 2022 $ 10,408,664 Additions Impact Fees $ 1,107,479 Unrealized Gains/Losses (70,852) Interest Earned 192,716 Total Additions $ 1,229,343 Disbursements % Fee Funded City Administration $ 2,800 100% Total Disbursements $ (2,800) Remaining balance as of June 30, 2023 $ 11,635,207 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 - Total Planned Projects for Fiscal Year 2023-24 $ 11,635,207 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 3,187,257 $ 2,297,395 $ 1,916,350 $ 2,832,407 $ 1,229,343 2-Year Old funds 5,565,334 3,187,257 2,297,395 1,916,350 2,832,407 3-Year Old funds 1,635,518 2,665,095 3,512,384 2,297,395 1,916,350 4-Year Old funds 1,777,053 - - 3,362,512 2,297,395 5-Year Old funds 158,396 - - - 3,359,712 Older than 5 Years old - - - - - Total Revenue Available $ 12,323,558 $ 8,149,747 $ 7,726,129 $ 10,408,664 $ 11,635,207 144 36 Bicycle and Pedestrian Impact Fee for Fiscal Year 2022-23 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $243 per unit Multi-Family $170 per unit Mobile Home $127 per unit Commercial/Industrial Commercial / Retail $.36 per SQFT Hotel / Visitor Services $.24 / visitor SF Office / R&D $.09 per SQFT Industrial $.12 per SQFT Commercial Linkage Impact Fee Rates for Fiscal Year 2022-23 Gross Square Feet Commercial Floor Area Minus Existing Floor Area × Current Fee Amount for Applicable Land use Category where the Land Use Fee is: $5.80 per sf for hotel $2.90 per sf for restaurant and retail $17.38 per sf for office and R&D Library Impact Fee Rates for Fiscal Year 2022-23 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Up to 8 du / ac $828.68 per unit 8.1-18 du / ac $725.39 per unit 18 + du / ac $617.30 per unit Commercial/Industrial Commercial / Retail $.08 per SQFT Hotel / Visitor Services $.04 / visitor SF Office / R&D $.14 per SQFT Industrial $.05 per SQFT Park In-Lieu Fee for Fiscal Year 2022-23 The Park In-Lieu Fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure x Average Residents per Unit x 0.003 (3 acres per 1,000 Residents) x Average Fair Market Value per acre = in-lieu fee] 145 37 Childcare Impact Fee Rates for Fiscal Year 2022-23 Land Use per Unit or per Gross Sq. Ft. (GSF) Residential Up to 8 du / ac $4,139.91 per unit 8.1-18 du / ac $3,625.54 per unit 18 + du / ac $3,086.51 per unit Residential – Applications Deemed Complete before 1/1/2022 Up to 8 du / ac $2,365.50 8.1-18 du / ac $2,220.87 18 + du / ac $2,212.51 Commercial/Industrial Commercial / Retail $0.81 per GSF Hotel / Visitor Services $0.30 per GSF Office / R&D $1.51 per GSF Industrial $0.60 per GSF 146 38 Park Land Acquisition Fee for Fiscal Year 2022-23 Land Use per Unit Residential Single-Family $3,124.80 per unit Duplex to Four-plex $2,699.55 per unit 5 to 19 $2,292.15 per unit 20 to 49 $1,846.95 per unit 50+ $1,611.75 per unit Mobile Home $2,400.30 per unit Park Construction Fee for Fiscal Year 2022-23 Land Use per Unit Residential Single-Family $31,254.78 per unit Duplex to Four-plex $26,997.11 per unit 5 to 19 $22,919.93 per unit 20 to 49 $18,481.77 per unit 50+ $16,125.83 per unit Park Land Acquisition/Construction Fee for Non-Residential for Fiscal Year 2022-23 Commercial/Industrial Commercial / Retail $1.51 per SQFT Hotel / Visitor Services $1.44 per SQFT Office / R&D $3.54 per SQFT Industrial $1.68 per SQFT Public Arts In-Lieu Fees Fiscal Year 2022-23 Every non-residential development project shall provide qualifying public art with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the development site. A non-residential development project may elect to make a public art contribution payment in an amount not less than 0.5% of construction costs into the public art fund, in lieu of acquisition and installation of public art on the development project site. 147 39 Public Safety Impact Fee Rates for Fiscal Year 2022-23 Land Use per Unit or per Square Foot (SF) Residential Up to 8 du / ac $1,657.88 per unit 8.1-18 du / ac $1,451.10 per unit 18 + du / ac $1,234.75 per unit Commercial/Industrial Commercial / Retail $0.53 per SF Hotel / Visitor $0.31 per SF Office / R&D $1.31 per SF Industrial $0.48 per SF Transportation Impact Fee for Fiscal Year 2022-23 Land Use per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $8,036.27 per unit Multi-Family $4,631.01 per unit Commercial/Industrial Commercial / Retail Office/ R&D Industrial $30.69/ SQFT $34.85/ SQFT $15.72/ SQFT Hotel $2,929.29/ room 148 40 Oyster Point Interchange Impact Fee Rates for Fiscal Year 2022-23 The impact fee is calculated by multiplying the number of vehicle trips by $154 and by the percentage increase in the Construction Cost Index (CCI) as published in the Engineering News-Record (ENR) from the date of adoption, when the CCI was 6,552.16, to the current effective CCI. Vehicle Trips are based on average daily traffic (ADT). The rates shown below are based on 1,000 gross square feet of land use. The ENR CCI published in May is used to calculate monthly increases. The CCI for May 2021 and 2022 were 13,425.35 and 15,326.99, respectively, resulting in a percentage increase of 14.16% Land Use ADT Trip Rate per 1,000 GSF General Industrial 5.46 Manufacturing 3.99 Warehousing 4.50 Hotel 10.50 General Office Building 12.30 Research & Development (R&D) 5.30 Restaurant (Dinner House/High Turn-over) 56.30 / 164.40 General Commercial 48 OPI Impact Fee: = (Development Area, SF /1000 SF) x ($154.00) x (Monthly ENR-CCI) / (6,552.16) Sewer Impact Fee Rates for Fiscal Year 2022-23 The generation rate for all land use is 400 gallons per day per 1,000 square feet of building area. New Sewer Impact Fee = ($6.40/Gallon) x (1.0475) = ($6.70/Gallon) Traffic Impact Fee Rates for Fiscal Year 2022-23 (East of 101*) Area of Building x Land Use Fee where the Land Use Fee is: R&D/office = $7.60 per building sq. ft. Hotel = $1,771.92 per room Commercial/retail = $31.55 per building sq. ft. * The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. 149 41 Sewer Capacity Charge for Fiscal Year 2022-23 The fee is updated each calendar year. The fee is currently $5,810 per EDU. An EDU, or Equivalent Dwelling Unit, is the amount and strength of sewage equivalent to that discharged by a single-family residence. EDU = (0.00347 x Q) + (0.362 x BOD) + (0.589 x TSS). Q = gallons per day of sewage to be discharged; BOD = pounds per day of biochemical oxygen demand to be discharged; TSS = pounds per day of total suspended solids to be discharged. 150 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1085 Agenda Date:1/24/2024 Version:1 Item #:7a. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2022-23. WHEREAS,WHEREAS,pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.),the City is required to annually report certain information regarding the collection of development impact fees; and WHEREAS,under the Mitigation Fee Act,the City is also required to make certain findings every five (5) years regarding unexpended impact fees and summarize those findings in the annual report (“Report”); and WHEREAS,staff has reviewed the development impact fees collected through June 30,2018,to determine if any such development fees still remain unexpended; and WHEREAS,staff has found that development fees collected for this period remain unexpended and the city is committed to use these unexpended amounts for construction of capital improvements as follows: Bicycle and Pedestrian Impact Fees $ 926 Sewer Impact Fees 205,334 Childcare Impact Fees 3,965,183 Total Fees Subject to AB 1600 $ 4,171,443 WHEREAS,pursuant to Government Code section 66013,the City is also required to annually report certain information in connection with the collection of Sewer Capacity Charges; and WHEREAS,the Report for Fiscal Year 2022-23,attached hereto and incorporated herein as Exhibit A,contains both the annual reporting information for the City’s development impact fee programs and a section with the necessary annual information for Sewer Capacity Charges; and WHEREAS,the Report has been available at City Hall for at least fifteen (15)days prior to this Council meeting and was distributed to all Councilmembers in advance of said meeting. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the Report for Fiscal Year 2022-23. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings outlined in the Report for Fiscal Year 2022-23,attached hereto and incorporated herein as Exhibit A,asCity of South San Francisco Printed on 1/25/2024Page 1 of 2 powered by Legistar™151 File #:23-1085 Agenda Date:1/24/2024 Version:1 Item #:7a. findings outlined in the Report for Fiscal Year 2022-23,attached hereto and incorporated herein as Exhibit A,as required by Government Code Sections 66006. ***** City of South San Francisco Printed on 1/25/2024Page 2 of 2 powered by Legistar™152 1 Annual Impact Fee Report For the City of South San Francisco For Fiscal Year 2022-23 This report contains information on the City of South San Francisco’s development impact fees for the Fiscal Year 2022-23. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. The report is not intended to provide a full picture of currently planned projects. It only reports project information, revenues, and expenditures for the Fiscal Year 2022-23. Government Code Section 66006 requires agencies to outline the status of development impact fees. Government Code Section 66001 requires local agencies to submit five-year financial reports. The annual report is available to the public within 180 days after the last day of the fiscal year. The report is presented to the public agency (the City Council) at least 15 days after it is made available to the public. This report summarizes each of the development impact fee programs. Requirements under Government Code Section 66006 are: 1. A brief description of the fee program. 2. The amount of the fee. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected, interest earned, and transfers/loans. 5. An identification of each public improvement. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees. 6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement. 7. The estimated date when projects will begin if enough revenues are available to construct the project. 8. The number of refunds made to property owners. This report also summarizes five-year reporting information for the Impact Fee programs as required under Government Code Section 66001: 1. The purpose of the fee expenditure. 153 2 2. The reasonable relationship between the fee and the purpose used. 3. All sources and amounts of funding anticipated to complete financing in incomplete improvements. 4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund. This report also contains information on the City of South San Francisco’s sewer capacity charges. Government Code Section 66013 requires agencies to submit annual reports on the status of sewer capacity charges. The public must have access to the report within 180 days after the last day of each fiscal year. This report summarizes the following information for the sewer capacity charges: 1. A description of the charges deposited in the fund. 2. The beginning and ending balance of the fund and the interest earned from investment in the fund. 3. The amount collected in that fiscal year. 4. An identification of all the following: a. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. b. Each public improvement on which charges were expended was completed during that fiscal year. c. Each public improvement that is anticipated to be undertaken in the following fiscal year. 5. A description of each interfund transfer or loan from the capital facilities fund, the date the loan will be repaid, and the rate of interest. In the case of an interfund transfer, the report identifies the public improvements on which the money is or will be expended. More detailed information on the various fee programs is available. Nexus studies, master plans, capital improvement programs, and budgets are all made public on the City's website. The City does not earmark impact fees for any specific project as revenues come in. Nexus studies outline capital improvement projects. Nexus studies examples may include future sewer infrastructure, transportation infrastructure, and other capital facilities. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action. 154 3 TABLE OF CONTENTS Citywide Impact Fee Program Bicycle and Pedestrian Impact Fee Fund (Fund 822) Overview and Required Findings ............................................................................ 5 Financial Reporting ................................................................................................. 6 Childcare Impact Fee Fund (Fund 830) Overview and Required Findings ............................................................................ 7 Financial Reporting ................................................................................................. 8 Commercial Linkage Impact Fee (Fund 823) Overview and Required Findings ............................................................................ 9 Financial Reporting ............................................................................................... 10 Library Impact Fee (Fund 824) Overview and Required Findings .......................................................................... 11 Financial Reporting ............................................................................................... 12 Park Construction Fee (Fund 806) Overview and Required Findings .......................................................................... 13 Financial Reporting ............................................................................................... 14 Park Land Acquisition Fee (Fund 805) Overview and Required Findings .......................................................................... 15 Financial Reporting ............................................................................................... 16 Public Arts (Fund 827) Overview and Required Findings .......................................................................... 17 Financial Reporting ............................................................................................... 18 Public Safety Impact Fee Fund (Fund 821) Overview and Required Findings .......................................................................... 19 Financial Reporting ............................................................................................... 20 Transportation Impact Fee (Fund 825) Overview and Required Findings .......................................................................... 21 Financial Reporting ............................................................................................... 22 155 4 Plan Area Impact Fee Programs Oyster Point Interchange Impact Fee Fund (Fund 840) Overview and Required Findings .......................................................................... 24 Financial Reporting ............................................................................................... 26 Park In-Lieu Fee (Funds 206 – 209) Overview and Required Findings .......................................................................... 27 Financial Reporting ............................................................................................... 28 East of 101 Sewer Impact Fee Fund (Fund 810) Overview and Required Findings .......................................................................... 29 Financial Reporting ............................................................................................... 30 East of 101 Traffic Impact Fee Fund (Fund 820) Overview and Required Findings .......................................................................... 31 Financial Reporting ............................................................................................... 32 Other Reportable Citywide Charges Sewer Capacity Charge Fund (Fund 730) Overview and Required Findings .......................................................................... 34 Financial Reporting ............................................................................................... 35 Fee Schedules ....................................................................................................................... 36 156 5 Bicycle and Pedestrian Impact Fee Program The City Council adopted this nexus study for the citywide impact fee program in 2017. The study identified the need to support the Bicycle Master Plan adopted by the City in February 2011 by Resolution 23-2011. The General Plan establishes that maintaining bicycle and pedestrian infrastructure requires funding sources. The Bicycle Master Plan recommends the completion of the City’s existing network of bicycle paths, lanes, and routes. Annual Reporting Information: 1. The purpose of the Bicycle and Pedestrian Impact Fee Program is to establish funding for completion of the City’s existing network of bicycle paths. Additional daily trips due to development projects place more demands on bicycle and pedestrian infrastructures in the city. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the Bicycle and Pedestrian Impact Fee. 3. Refer to page 6 of this report for the beginning and ending balance of the account for the Bicycle and Pedestrian Impact Fee. 4. See page 6 of this report for Bicycle and Pedestrian Impact Fees collected, and interest earned. 5. There were no projects worked on during the Fiscal Year 2022-23 using the Bicycle and Pedestrian Impact Fee funding. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There is no potential refund to property owners as available funds have been appropriated for future projects. 157 6 Bicycle and Pedestrian Impact Fee Program (Fund 822) This citywide development impact fee program funds bicycle and pedestrian improvements. Development projects generate additional daily trips that place more demands on bicycle and pedestrian infrastructures in the city. Beginning balance, July 1, 2022 $ 185,903 Additions Bicycle and Pedestrian Impact Fees collected $ 38,844 Interest Earned 3,479 Unrealized gains/losses (1,272) Total Additions $ 41,051 Total Disbursements - Remaining balance as of June 30, 2023 $ 226,954 Projects Appropriated from prior Fiscal Years Oyster Point & East Grand Corridor Improvement (tr1602) $ (156,915) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 70,039 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 50,347 $ 14,639 $ 50,901 $ 69,090 $ 41,051 2-Year Old funds 926 50,347 14,639 50,901 69,090 3-Year Old funds - 926 50,347 14,639 50,901 4-Year Old funds - - 926 50,347 14,639 5-Year Old funds - - - 926 50,347 Older than 5 Years old - - - - 926 Total Revenue Available $ 51,273 $ 65,912 $ 116,813 $ 185,903 $ 226,954 158 7 Childcare Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2001. The study identified the need for new and expanded childcare facilities in the City. Updates since 2001 to this fee program have included a periodic inflation change. The fee program includes a 5% administrative fee. The estimated cost of the new and expanded facilities included in the nexus study totaled $43.9 million. The nexus study identified new development’s share of the cost as 24.6% of the total new and expanded facilities cost. Development impact fee revenue was estimated at $11.3 million, which includes administrative costs of 5% of total fee revenue. Existing development’s share of the cost is $33.1 million (75.4% of new facilities) which must be funded with other funding sources. Other funding sources may include the City’s General Fund, grants, developer contributions, and Community Development Block Grants. Annual Reporting Information: 1. The purpose of the Childcare Impact Fee Program is to provide new development’s share of funding for new and expanded childcare facilities required at build-out of the City. 2. Refer to page 37 of this report for the fee schedule outlining the amount of the Childcare Impact Fee. 3. Refer to page 8 of this report for the beginning and ending balance of the account for the Childcare Impact Fee. 4. See page 8 of this report for the Childcare Impact Fees that have been collected, and interest earned. 5. There was one project worked on during Fiscal Year 2022-23 using the Childcare Impact Fee funding. 6. There are no projects planned for Fiscal Year 2023-24. 7. The approximate date for funding and constructing future facilities will be determined, at the discretion of the City Council, when adequate additional funds for facility construction have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund to property owners as available funds have been appropriated for future projects. 159 8 Childcare Impact Fee (Fund 830) This citywide development impact fee program funds new development’s fair share of new and expanded childcare facilities to serve the City. Beginning balance, July 1, 2022 $ 13,901,164 Additions Child Care Impact Fees $ 542,089 Interest Earned 248,825 Unrealized Gains/Losses (91,734) Total Additions $ 699,180 Disbursements % Fee Funded City Administration $ 2,800 100% Civic Campus Phase II (pf2103) 490,000 14% Total Disbursements $ (492,800) Remaining balance as of June 30, 2023 $ 14,107,544 Projects Appropriated from prior Fiscal Years Design & construct new preschool facility (pf2101) $ 8,863,350 West Orange Library Preschool Project (pf2301) 4,000,000 $ (12,863,350) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 1,244,194 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 920,469 $ 665,458 $ 642,118 $ 7,215,136 $ 699,180 2-Year Old funds 1,295,310 920,469 665,458 642,118 7,215,136 3-Year Old funds 527,347 1,295,310 920,469 665,458 642,118 4-Year Old funds 387,646 527,347 1,295,310 920,469 665,458 5-Year Old funds 163,207 387,646 527,347 1,295,310 920,469 Older than 5 Years old 2,242,749 2,388,979 2,737,625 3,162,673 3,965,183 Total Revenue Available $ 5,536,728 $ 6,185,209 $ 6,788,327 $ 13,901,164 $ 14,107,544 160 9 Commercial Linkage Fee Program The nexus study for this citywide impact fee program was adopted by the City Council in 2018 by Resolution 123-2018. The study justified the need to provide sufficient funding for affordable housing and established a nexus between the need for affordable housing and the impacts of commercial development within the City. The impact fee program supports the City of South San Francisco’s adopted 2015-2023 Housing Element, which includes the goal of promoting the provision of housing by both the private and public sectors for all income groups in the community. Annual Reporting Information: 1. The purpose of the Commercial Linkage Impact Fee program is to provide funding for affordable housing for employees who work in the City as a result of new commercial development. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the Commercial Linkage Impact Fee. 3. Refer to page 10 of this report for the beginning and ending balance of the account for the Commercial Linkage Impact Fee. 4. See page 10 of this report for Commercial Linkage Impact Fees that have been collected and interest earned. 5. There was no project worked on during FY 2022-23 using the Commercial Linkage Impact Fee funding. 6. There are no projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There were no potential refunds to property owners. 161 10 Commercial Linkage Impact Fee Program (Fund 823) The Commercial Linkage Fee (CLF) Ordinance (No. 1560-2018) was adopted by the City Council on August 22, 2018, establishing a fee on certain commercial development to generate local funding for affordable housing. Beginning balance, July 1, 2022 $ 8,914,100 Additions Commerical Linkage Impact Fees $ 7,377,990 Unrealized Gains/Losses (66,410) Interest Earned 187,576 Total Additions $ 7,499,156 Disbursements % Fee Funded Payroll $ 1,810 100% Professional Services and program 1,383,059 100% Total Disbursements $ (1,384,869) Remaining balance as of June 30, 2023 $ 15,028,387 Projects Appropriated from prior Fiscal Years Disposition of city-owned firehouse site at 201 Baden Ave and redevelopment of BMR units (1,025,000) Remaining balance after planned projects $ 14,003,387 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ 4,957,461 $ 5,375,874 $ 3,077,684 $ 7,499,156 2-Year Old funds - - 4,835,751 5,375,874 3,077,684 3-Year Old funds - - - 460,542 4,451,547 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ 4,957,461 $ 10,211,625 $ 8,914,100 $ 15,028,387 162 11 Library Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1608- 2020 amended the Municipal Code to include Chapter 8.74 establishing the library impact fee. Based upon the City’s projected population increase and current per capita usage of facilities and collections materials, the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard. The study identified the need to better implement the goals of maintaining adequate service standards in the face of the increase in library service demands. The study estimates that the total projected cost associated with future residential and non-residential development through 2040 would be approximately $7.8 million. Annual Reporting Information: 1. The Library Impact Fee is collected to provide new development’s share of funding for additional library space and materials to maintain current library service standard. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 12 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 12 of this report for fees collected and interest earned. 5. There were no projects worked on during FY 2022-23 using the Library Impact Fee. 6. There are no projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 163 12 Library Impact Fee (Fund 824) This citywide development impact fee program funds new development’s fair share for additional library space and materials to maintain current library service standard. Library Impact Fees for non- residential developments went into effect on November 23, 2020. Library Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2022 $ 674 Additions Library Impact Fee $ 3,622 Unrealized Gains/Losses - Interest Earned 13 Total Additions $ 3,635 Disbursements Payroll - Professional Services and program - Total Disbursements - Remaining balance as of June 30, 2023 $ 4,309 Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 4,309 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ - $ 674 $ 3,635 2-Year Old funds - - - - 674 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ - $ 674 $ 4,309 164 13 Park Construction Fee The nexus study for this impact fee program was adopted by the City Council in 2017. Ordinance 1520- 2016 amended the Municipal Code to include Chapter 8.67 adopting the parkland acquisition fee and park construction fee. The purpose of the Park Construction Fee is to provide funding for the construction of park facilities and improvements. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan call for 3 acres of parkland and facilities per 1,000 new residents and ½ an acre of parkland and facilities per 1,000 new employees. The City incurs the costs of administering the fee program and preparing analyses and reports related to it. Annual Reporting Information: 1. The purpose of the Park Construction Fee fund is to provide new development’s share of funding developing new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 14 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 14 of this report for the number of fees collected and interest earned. 5. There were two projects that were worked on during FY 2022-23 using the Park Construction Fee. Refer to page 14 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Park Construction Fee. 7. The approximate date for further funding and developing park land and recreation facilities will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There are no potential refunds to property owners. 165 14 Park Construction Fee (Fund 806) This citywide development impact fee program funds new development’s fair share for developing new park and recreation spaces. Beginning balance, July 1, 2022 $ 8,914,912 Additions Park Construction Fees $ 1,182,963 Unrealized Gains/Losses - Interest Earned 106,858 Total Additions $ 1,289,821 Disbursements % Fee Funded Orange Park Sport Field Innovation (pk1402) $ 111,360 47% Linden Park Project (pk2305) 45,125 48% Total Disbursements $ (156,485) Remaining balance as of June 30, 2023 $ 10,048,248 Projects Appropriated from prior Fiscal Years Transit Village Park (pk 2101) $ 1,000,000 Linden Park Project (pk2305) 254,875 Orange Park Sports Field Renovation (pk1402) 718,942 Sellick Park Renovation Project (pk1803) 55,575 Buri Buri Field & Court Improvements (pk1804) 24,079 Avalon Parks Improvements pk (1805) 18,524 $ (2,071,995) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 7,976,253 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 2,112,813 $ 1,158,551 $ 3,069,717 $ 3,739,827 $ 1,289,821 2-Year Old funds 3,702 1,116,514 1,158,551 3,069,717 3,739,827 3-Year Old funds - - 1,116,514 1,158,551 3,069,717 4-Year Old funds - - 946,817 1,158,551 5-Year Old funds - - - - 790,332 Older than 5 Years old - - - - - Total Revenue Available $ 2,116,515 $ 2,275,065 $ 5,344,782 $ 8,914,912 $ 10,048,248 166 15 Park Land Acquisition Fee The City Council adopted the nexus study for this impact fee program in 2017. Ordinance 1520 -2016 amended the Municipal Code to include Chapter 8.67, adopting the parkland acquisition fee and park construction fee to generate funding for parks in South San Francisco. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan each lay out specific park requirements. The current need is three acres of park land per one thousand future residents and one half of an acre per one thousand new employees is the current need. This fee differs from the City’s Quimby Act fee in Section 19.24.040 et seq of the Municipal Code. The Quimby Act allows for the imposition of land dedication requirements and in-lieu fees for residential subdivisions. The Act does not apply to other types of residential development projects or commercial development projects. The Park Land Acquisition Fee is applied to residential and non-residential development projects to support the demands for parks and recreation spaces generated by new residents of residential development projects and new employees of non-residential development projects. The nexus study calculated the fee for park land acquisition based on the number of residents generated by each new type of residential unit and the number of employees per 1,000 square feet in non -residential development projects. The City adopted the Park Land Acquisition Fee under the authority of the Mitigation Fee Act. Annual Reporting Information: 1. The purpose of the Park Land Acquisition Fee fund is to provide new development’s share of funding for acquiring new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 16 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 16 of this report for fees collected and interest earned. 5. One project utilized the Park Land Acquisition Fee fund in FY 2022-23. Refer to page 16 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Park Land Acquisition Fee. 7. The approximate date for funding and acquiring park land will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 167 16 Park Land Acquisition Fee (Fund 805) This citywide development impact fee program funds new development’s fair share for acquiring new park and recreation spaces. Beginning balance, July 1, 2022 $ 3,230,072 Additions Park Land Acquisition Fee $ 78,353 Unrealized Gains/Losses - Interest Earned 35,416 Total Additions $ 113,769 Disbursements % Fee Funded Payroll $ - Linden Park Project (pk2305) 47,978 52% Total Disbursements $ (47,978) Remaining balance as of June 30, 2023 $ 3,295,863 Projects Appropriated from prior Fiscal Years Transit Village Park (pk2101) $ 2,000,000 Linden Park Project (pk2305) 952,022 $ (2,952,022) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 343,841 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 311,271 $ 502,798 $ 771,214 $ 1,627,779 $ 113,769 2-Year Old funds 54,663 311,271 502,798 771,214 1,627,779 3-Year Old funds - 54,663 311,271 502,798 771,214 4-Year Old funds - - 18,490 311,271 502,798 5-Year Old funds - - - 17,010 280,303 Older than 5 Years old - - - - - Total Revenue Available $ 365,934 $ 868,732 $ 1,603,773 $ 3,230,072 $ 3,295,863 168 17 Public Arts In-Lieu Fee In October 2020, the City Council passed ordinance number 1613-2020 creating the public art requirement. The City is dedicated to improving infrastructure, economic development, and cultural diversity through acquisition and exhibition of public art. The public art requirement applies to any new non-residential development project and that it requires such projects to contribute public art with a value of at least one percent (1%) the amount of construction costs. In lieu of contributing public art, the public art requirement will allow for the payment of an in-lieu fee into a public art fund at the value of half of one percent (0.5%) of the amount of construction costs. Annual Reporting Information: 1. The Public Arts In-Lieu Fee is collected to provide cultural and artistic art to enhance the quality of life for individuals living in, working in, and visiting the City. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 18 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 18 of this report for fees collected and interest earned. 5. There were no projects during FY 2022-23 using the Public Arts In-Lieu Fee. 6. There are plans to purchase various art sculptures in FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 169 18 Public Arts In-Lieu Fee (Fund 827) This citywide in-lieu fee funds cultural diversity through acquisition and exhibition of public art in the City. Beginning balance, July 1, 2022 $ - Additions In-Lieu Fees $ 142,109 Unrealized Gains/Losses - Interest Earned 777 Total Additions $ 142,886 Disbursements Payroll - Total Disbursements - Remaining balance as of June 30, 2023 $ 142,886 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 Purchase of various art sculptures $ (120,000) Remaining balance after planned projects $ 22,886 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ - $ - $ 142,886 2-Year Old funds - - - - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ - $ - $ 142,886 170 19 Public Safety Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2012. The study identified the need for new and expanded public safety capital facility and equipment to support new development projects. This fee program also includes an annual inflation adjustment. The fee program includes a 2% administrative fee. The estimated cost of the new and expanded public safety equipment and facilities included in the nexus study totaled $40.4 million. The nexus study identified new development’s share of the cost at $10.4 million (25.6% of the total new and expanded equipment and facilities cost). Existing development’s share of the cost is $30.0 million (74.4% of new equipment and facilities) which must be funded with other funding sources such as the City’s General Fund, grants, or developer contributions. Annual Reporting Information: 1. The Public Safety Impact Fee is collected to provide new development’s share of funding for new and expanded public safety capital facility and equipment required at build out of the City. 2. Refer to page 39 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 20 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 20 of this report for fees collected and interest earned. 5. Two projects were worked on during FY 2022-23 using the Public Safety Impact Fee fund. Refer to page 20 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no projects planned for FY 2023-24 using the Public Safety Impact Fee fund. 7. The approximate date for further funding and constructing facilities and procuring future equipment identified in the nexus study will be determined when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 171 20 Public Safety Impact Fee (Fund 821) This citywide development impact fee program funds new development’s fair share of new and expanded capital facility and equipment to serve the City. Beginning balance, July 1, 2022 $ 2,551,609 Additions Impact Fees - Fire $ 232,435 Impact Fees - Police 186,678 Unrealized Gains/Losses (16,942) Interest Earned 45,949 Total Additions $ 448,120 Disbursements % Fee Funded Police Ops & 911 Dispatch Center (pf2208) $ 149,723 100% Training Tower maintenance (pf1704) 1,662 26% Equipment purchases 727,470 100% Prior Year Balance Adjustment 37,072 Total Disbursements $ (915,927) Remaining balance as of June 30, 2023 $ 2,083,802 Projects Appropriated from prior Fiscal Years Training Towner Maintenance (pf1704) $ 359,763 Fire Station 64 Dorm and Bathroom Remodel (pf1805) 17,472 Police Ops and 911 Dispatch Ctr (PSIF) (pf2208) 281,536 $ (658,771) Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 1,425,031 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 479,101 $ 479,419 $ 246,467 $ 1,681,422 $ 448,120 2-Year Old funds 822,129 479,101 479,419 246,467 1,635,682 3-Year Old funds - 438,152 479,101 479,419 - 4-Year Old funds - - 294,400 144,301 - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ 1,301,230 $ 1,396,672 $ 1,499,387 $ 2,551,609 $ 2,083,802 172 21 Transportation Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1607- 2020 amended the Municipal Code to include Chapter 8.68 establishing the transportation impact fee. The nexus study identified the need for transportation improvements and facilities needed to serve the growth, and the estimated costs of those improvements and facilities. The nexus study has identified $160.8 million in transportation infrastructure improvements such as roads, sidewalks, traffic lights, bicycle lanes and pathways, curbs and gutters, and medians caused by new developments throughout the City. The City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with the new development by providing for the payment of the citywide Transportation Impact fee. Annual Reporting Information: 1. The Transportation Impact Fee is collected to provide new development’s share of funding for new and expanded transportation capital facility and equipment required at build out of the City. 2. Refer to page 39 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 22 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 22 of this report for fees collected and interest earned. 5. One project was worked on during FY 2022-23 using the Transportation Impact Fee. Refer to page 22 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are 15 projects planned for FY 2023-24. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 173 22 Transportation Impact Fee (Fund 825) This citywide development impact fee program funds new development’s fair share for transportation improvements and facilities needed to serve the City. Transportation Impact Fees for non-residential developments went into effect on November 23, 2020. Transportation Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2022 $ 3,890,857 Additions Impact Fees $ 8,036 Unrealized Gains/Losses (25,049) Interest Earned 67,831 Total Additions $ 50,818 Disbursements % Fee Funded Junipero Serra Westborough Blvd Corridor Feasibility Project (st2301) $ 54,099 73% Total Disbursements $ (54,099) Remaining balance as of June 30, 2023 $ 3,887,577 Projects Appropriated from prior Fiscal Years Bridge Preventive Maintenance Program (st1703) $ 14,911 Junipero Serra Westborough Corridor Feasibility Study(st2301) 150,901 Oyster Point & East Grand Corridor Improvement (tr1602) 927,029 Grand Avenue Off-Ramp Realignment (tr2201) 3,220,000 East 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 30,000 Right of Way Infrastructure Assessment & Upgrades (tr2302) 80,000 $ (4,422,841) Planned Projects for Fiscal Year 2023-24 Street improvement at Elm Court, Hillside Blvd, Park Way and Ponderosa Road (st2401) $ 1,000,000 Misc Traffic Improvements (tr2301) 300,000 Airport Blvd Bike/Pedestrian Gap Closure Study (tr2401) 300,000 El Camino Real Bike/Pedestrian Improvement (tr2402) 300,000 Traffic Signal Safety Improvement Project (tr2403) 500,000 Chestnut Ave & Commercial Ave Intersection Improvement (tr2404) 300,000 Citywide School Traffic Calming Improvement (tr2405) 600,000 Traffic Studies and Grant Support (tr2406) 300,000 Bay Trail-Centennial Way Trail Gap Closure (tr2407) 100,000 Signalized Intersection Battery Backup System (tr2408) 2,000,000 Oyster Point Blvd Corridor Study (tr2409) 100,000 Spruce Ave Corridor Study (tr2410) 100,000 174 23 Gateway Blvd Corridor Study (tr2411) 100,000 Forbes Blvd Corridor Study (tr2412) 100,000 El Camino @1st Street Centennial Trail Gap closure (tr2413) 200,000 $ (6,300,000) Remaining balance after planned projects $ (6,835,265) Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ - $ - $ 1,962,343 $ 1,928,514 $ 50,818 2-Year Old funds - - - 1,962,343 1,928,514 3-Year Old funds - - - - 1,908,245 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ - $ - $ 1,962,343 $ 3,890,857 $ 3,887,577 175 24 Oyster Point Interchange Impact Fee Program The City Council adopted this plan area fee program on May 23, 1984, using a February 1983 Feasibility Study prepared by Nolte and Associates in conjunction with Resolution No. 71-84 which created the “Oyster Point Contribution Formula.” The 1983 Feasibility Study identified the need for the Oyster Point Interchange project, which was, at that time, referred to as the grade separation project. Updates to the fee program since 1984 include the following: 1. An ongoing inflation adjustment. 2. June 26, 1996, fee program changes via Resolution No. 102-96 included adjustments for: a. the inflationary index that reduced the fee by approximately 22%, b. the project description which increased the scope of the project to include the Terrabay hook ramps and the southbound off-ramp flyover, and the use of more current trip generation rates. 3. October 9, 1996 fee program change via Resolution No. 152-96 that added additional land uses with their associated trip generation rates. The Feasibility Study identified new development’s share of the grade separation project cost at 64.8% and existing development’s share of the cost at 35.2%. The grade separation was completed and funded in 1995 and is not part of this annual report. The increased scope portion of the project, added in 1996, was identified as being 100% the responsibility of new development. Of this additional scope, the flyover, estimated to cost $6.4 million, was completed in 2005, and the hook ramps, estimated to cost $15 million, were completed in October 2006. Additional work relating to property transfers and gaining final Caltrans project acceptance is ongoing. Annual Reporting Information 1. The purpose of the Oyster Point Interchange Impact Fee Program is to provide new development’s share of funding for this project required at build-out of the plan area. 2. Refer to page 26 of this report for the beginning and ending balance of the account for this fee. 3. Refer to page 26 of this report for fees collected and interest earned. 4. The reasonable relationship between the Oyster Point interchange impact fee and the purpose for which it is charged is demonstrated in the 1983 Feasibility Study by Nolte and Associates, and in the fee program updates in Resolution No. 102-96 and Resolution No. 152-96. As of June 30, 2023, there continues to be a need for Oyster Point Interchange Impact fees due to further developments in that area of South San Francisco. 5. The sources and amounts of funding anticipated for Oyster Point Interchange projects can be found in the updates adopted via Resolution No. 102-96 and Resolution No. 152-96. Additional working relating to property transfers and gaining final Caltrans project acceptance is ongoing. 176 25 6. Buildout in the Oyster Point Interchange area is ongoing due to further developments in South San Francisco. The City’s buildout is assumed to occur over a 20-year period, which is consistent with the General Plan. 7. No projects were worked on during FY 2022-23 using the Oyster Point Interchange Impact Fees funds. 8. There are currently no planned projects for Oyster Point Interchange impact fees for FY 2023- 24. 9. The fund has one loan from the former Redevelopment Agency. Please refer to page 26 of this report. The amount owed as of June 30, 2023, is approximately $2.05 million. Since the dissolution of the Redevelopment Agency in 2012, the interest rate charged by the Successor Agency is 0%. The loan is repaid as new impact fee revenue is received. Given that the amount of future impact fee revenue is unknown, the repayment date is unknown. There were no other interfund transfers or loans. 10. There are no potential refunds of Oyster Point Interchange Impact Fees to property owners. 11. Refer to page 40 of this report for the fee schedule outlining the amount of the Oyster Point Interchange Impact Fee. 177 26 Oyster Point Interchange Impact Fee (Fund 840) This plan area development impact fee program funds new development’s fair share of the Oyster Point Interchange project. Beginning balance, July 1, 2022 $ 29,836 Additions Impact Fees $ 105,913 Unrealized Gains/Losses (564) Interest Earned 1,586 Total Additions $ 106,935 Disbursements Repayment of RDA Loan $ 100,000 Total Disbursements $ (100,000) Remaining balance as of June 30, 2023 $ 36,771 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 36,771 Loans to Oyster Point Interchange Fee Fund from Successor Agency to RDA Due Date and Interest Rate Outstanding Balance as of July 1, 2022 $ 2,150,152 None & 0% Less: Payment during FY 2022-23 (100,000) Outstanding Balance as of June 30, 2023 $ 2,050,152 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 72,256 $ 78,634 $ 75 $ 29,836 $ 36,771 2-Year Old funds - - 38,634 - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available $ 72,256 $ 78,634 $ 38,709 $ 29,836 $ 36,771 178 27 Park In-Lieu Fee City of South San Francisco Municipal Code, Title 19 Subdivisions, Chapter 19.24 Improvements requires every subdivider who subdivides land to dedicate a portion of such land, pay a fee, or do both, for the purpose of providing park and recreational facilities to serve future residents of such subdivision. The in-lieu fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure x Average Residents per Unit x 0.003 (3 acres per 1,000 Residents) x Average Fair Market Value per acre = in-lieu fee]. Fees shall be adjusted annually in accordance with the All Urban Consumers, San Francisco-Oakland-San Jose (AUC-CPI); such annual adjustment shall be approved by resolution of the City Council. In addition, the City may collect reasonable administrative fee to cover the cost of administering the program. Annual Reporting Information 1. The purpose of the Park in-lieu fee is to acquire land and develop new parks and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 28 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 28 of this report for fees collected, and interest earned. 5. Three projects were worked on during FY 2022-23 using the Park In-Lieu Fee. 6. There are no planned projects for FY 2023-24 using the Park In-Lieu Fee. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds of Park In-Lieu Fees to property owners. 179 28 Park In-Lieu Fee (Funds 206 – 209) The Park In-Lieu fee may only be used for acquiring land and developing new park and recreation facilities, or for the rehabilitation and enhancement of existing neighborhood parks, community parks, and recreational facilities. Beginning balance, July 1, 2022 $ 2,959,482 Additions Unrealized Gains/Losses $ (18,074) Interest Earned 48,562 Total Additions $ 30,488 Disbursements % Fee Funded Centennial Trail Improvements (pk2302) $ 404,038 100% Centennial Trail Vision Plan (pk2103) 4,495 100% Orange Park Sports Field Renovation (pk1402) 128,072 53% Prior Year Balance Adjustment 11,004 Total Disbursements $ (547,609) Remaining balance as of June 30, 2023 $ 2,442,361 Projects Appropriated from prior Fiscal Years Orange Park Sports Field Renovation (pk1402) $ 22,149 Gardiner Park Playground Replacement(pk1806) 7,603 Hillside School Soccer Field Renovation (pk1807) 20,099 Centennial Trail Vision Plan(pf2103) 3,936 Centennial Trail Improvements(pk2302) 1,995,962 $ (2,049,749) Total Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 392,612 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 1,334,811 $ 2,711,304 $ 8,479 $ (119,110) $ 30,488 2-Year Old funds 1,857 1,334,811 2,711,304 8,479 (119,110) 3-Year Old funds 876,288 1,857 1,131,120 2,711,304 8,479 4-Year Old funds 14,695 790,760 - 358,809 2,522,504 5-Year Old funds 10,543 - - - - Older than 5 Years old 597,282 - - - - Total Revenue Available $ 2,835,476 $ 4,838,732 $ 3,850,903 $ 2,959,482 $ 2,442,361 180 29 East of 101 Sewer Impact Fee Program The 2002 nexus study for this fee was adopted by the City Council in 2002. The study identified the need for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City of South San Francisco. This fee program also includes an annual inflation adjustment. The estimated cost of the 20 new and expanded sewer projects included in the study totaled $21.4 million. The study identified new development’s share of the cost of the required facilities at $15.5 million (72.4% of the total new and expanded facilities cost) while existing development’s share of the cost (existing deficiency) is $5.9 million (27.6% of new facilities). New development’s share of the cost, $15.5 million, was increased to include some master planning costs ($425,000) and some CEQA reviewing costs ($600,000) for a total cost to new development of $16,425,000. Of that amount, $12,429,000 was to be sewer impact fee funded and $4,066,000 was to be funded directly by developer contributions. Of the twenty total projects listed in the nexus study, eleven projects are either fully or partially funded with the sewer impact fee funds, four are existing development’s responsibility, four are to be funded by developer contributions, and one is to be funded with a combination of developer contributions and revenues from existing development. Existing development’s share will be funded with the sewer charges appearing on property tax bills as a direct levy. Annual Reporting Information 1. The purpose of the Sewer Impact Fee Program is to provide new development’s share of funding for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 at build-out of the plan area. 2. Refer to page 40 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 30 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 30 of this report for fees collected, and interest earned. 5. There were no projects worked on during FY 2022-23 using the Sewer Impact Fee. 6. There are two projects planned for FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund of Sewer Impact Fees to property owners. 181 30 East of 101 Sewer Impact Fee (Fund 810) This plan area development impact fee program funds new development's fair share of new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City. Beginning balance, July 1, 2022 $ 4,872,806 Additions Impact Fees $ 350,946 Unrealized Gains/Losses (31,836) Interest Earned 86,447 Total Additions $ 405,557 Disbursements % Fee Funded City Administration $ 2,800 100% Total Disbursements (2,800) Remaining balance as of June 30, 2023 $ 5,275,564 Projects Appropriated from prior Fiscal Years Pump Station #14 upgrade (ss1902) $ (4,300,000) Planned Projects for Fiscal Year 2023-24 Oyster Point Sewer Upsize Project (ss2401) $ 100,000 Sewer Master Plan (ss1801) 45,000 Total Planned Projects for Fiscal Year 2023-24 $ (145,000) Remaining balance after planned projects $ 830,564 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 1,881,711 $ 1,491,477 $ 452,369 $ 839,146 $ 405,557 2-Year Old funds 2,265,191 1,881,711 1,491,447 452,369 839,146 3-Year Old funds 188,815 2,034,651 1,881,711 1,491,447 452,369 4-Year Old funds 100,417 - 318,752 1,881,711 1,491,447 5-Year Old funds - - - 208,133 1,881,711 Older than 5 Years old - - - - 205,334 Total Revenue Available $ 4,436,134 $ 5,407,839 $ 4,144,279 $ 4,872,806 $ 5,275,564 182 31 East of 101 Traffic Impact Fee Program The 2001 nexus study for this plan area fee was adopted by the City Council in 2002. The study identified the need for new and expanded roadway and intersection improvements to serve the area located east of US 101 in the City of South San Francisco. The study was updated on May 6, 2005, and on July 19, 2007. This fee program includes an annual inflation adjustment and a 2.5% administrative fee. The estimated cost of the new and expanded facilities included in the 2007 study totaled $38.5 million ($32.4 million in net cost after accounting for fees already received). There are 26 road improvements listed in the 2007 study and two studies for a total of 28 projects. The study determined that new development would be responsible for 100% of the cost of the 28 projects. The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. Annual Reporting Information 1. The purpose of the Traffic Impact Fee Program is to provide new development’s share of funding for new and expanded roadway and intersection improvements to serve the area located east of US 101 at build-out of the plan area. 2. See page 40 of this report for the fee schedule outlining the amount of the fee. 3. See page 32 & 33 of this report for beginning and ending balance of the account for this fee. 4. See page 32 & 33 of this report for fees collected and interest earned. 5. Eleven projects were worked on during FY 2022-23 using the Traffic Impact Fee. 6. There are no projects planned for FY 2023-24. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds of East of 101 Traffic Impact Fees to property owners. 183 32 East of 101 Traffic Impact Fee (Fund 820) This plan area development impact fee program funds new development's fair share of new and expanded roadway and intersection improvements east of US 101 to serve the City of South San Francisco. Beginning balance, July 1, 2022 $ 20,870,700 Additions Impact Fees $ 1,012,406 Unrealized Gains/Losses (133,616) Interest Earned 359,764 Total Additions $ 1,238,554 Disbursements % Fee Funded City Administration $ 2,800 100% Colma Creek Oak Ave Pedestrian Bridge (sd2202) 19,924 100% Grand Avenue Streetscape (st1801) 1,868,773 100% Station to East Grand Bike Gap Closure (st2003) 993,241 100% South Airport Blvd Improvement Project (st2004) 414,981 100% Oyster Pt & E. Grand Corridor Improvement (tr1602) 73,271 100% Adaptive Traffic Control System (tr1901) 116,186 100% Hillside and Lincoln Traffic Signal (tr1906) 707,749 95% Utah and Harbor Intersection Improvement (tr2101) 68,876 100% DNA Way & Allerton Ave at E Grand Signal (tr2102) 264,412 100% East of 101 Bicycle Safety Improvement (tr2104) 1,018 100% East of 101 Transit Shelter& Bulb Turnout-MTC (tr2203) 52,129 100% Total Disbursements $ (4,583,359) Remaining balance as of June 30, 2023 $ 17,525,894 Projects Appropriated from prior Fiscal Years Colma Creek Oak Ave Pedestrian Bridge (sd2202) $ 197,516 Grand Ave Streetscape (st1801) 2,639,815 Station to East Grand Bike Gap Closure (st2003) 86,886 South Airport Blvd Improvement Project (st2004) 33,376 South Airport Blvd/Utah Ave (tr1010) 245,243 Grand/East Grand(TIF#26) (tr1103) 254,631 US-101 Produce Ave Interchange (TIF#39) (tr1404) 2,890,000 Oyster Pt & East Grand Corridor Improvement (tr1602) 2,641,824 Adaptive Traffic Control System (tr1901) 1,714,134 East of 101 Traffic Signal IDEA Grant (tr1902) 129,383 Hillside and Lincoln Traffic Signal (tr1906) 544,973 Utah and Harbor Intersection Improvement (tr2101) 2,576,085 DNA way and Allerton Ave at E Grand Signal (tr2102) 63,015 184 33 East of 101 Bicycle Safety Improvement (tr2104) 15,140 East 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 173,252 $ (14,205,272) Total Planned Projects for Fiscal Year 2023-24 - Remaining balance after planned projects $ 3,320,622 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 8,837,963 $ 5,058,500 $ 44,230 $ 4,275,208 $ 1,238,554 2-Year Old funds 5,716,072 8,837,963 5,058,500 44,230 4,275,208 3-Year Old funds 119,374 5,716,072 8,837,963 5,058,500 44,230 4-Year Old funds 1,745,975 119,374 5,716,072 8,837,963 5,058,500 5-Year Old funds 1,462,604 1,745,975 119,374 2,654,799 6,909,402 Older than 5 Years old 2,711,469 3,537,862 2,751,828 - - Total Revenue Available $ 20,593,457 $ 25,015,746 $ 22,527,967 $ 20,870,700 $ 17,525,894 185 34 Sewer Capacity Charge Program The original analysis was adopted by the City Council in 2000 and annual updates included a preset adjustment to the charges based on borrowing costs. The most current Sewer Capacity Charge Analysis by Bartle Wells & Associates is dated August 26, 2009 and was adopted by the City Council in April of 2010 to be effective in Fiscal Year 2010-11. This analysis identifies the need for sewer collection and treatment capacity in the City of South San Francisco. There are two components to the Sewer Capacity Charge: the capital assets valuation charge and the capital improvements charge. The capital assets charge accounts for the existing value of the sewer collection and treatment system which is calculated using the depreciated replacement cost of the system’s assets. The capital assets charge (also called a “buy-in” fee) assigns a value to the benefit that new development receives from the availability of sewer capacity (which existing development has maintained over the years through the sewer rates). The total depreciated replacement value is $161.6 million, of which 37.2 percent is new development’s fair-share, or $60.1 million. The second component is the charge for future improvements to the system identified in the City’s Capital Improvement Program. The total cost of these future improvements is $84.6 million, the fair-share allocation to new development is 37.2 percent of that amount, or $29.8 million. The total fair-share is $90 million. These funds may be used for capital improvements to maintain capacity in the system. Annual Reporting Information: 1. Refer to page 35 of this report for the beginning and ending balance of the account for the sewer capacity fund, the amount of charges collected, and the interest earned from investment of money in the fund. 2. No projects were worked on during FY 2022-23 using the sewer capacity charge program. 3. There are no projects planned for FY 2023-24. 4. The sewer capacity charges do not exceed the estimated reasonable costs of providing the facilities for which the fee is charged (see Cal. Gov. Code § 66013, subd. (a)). 5. The sewer capacity charge’s accounting and reporting requirements are being met, i.e., the revenues are kept in a separate fund and the City provides annual reports on the use of the funds collected (see Cal. Gov. Code §§ 66013, subds. (c) and (d)). 6. There were not any interfund transfers or loans. 186 35 Sewer Capacity Charges (Fund 730) This fee program funds the cost associated with providing collection and treatment capacity to new development, both through the existing infrastructure provided, and through future capital projects not funded by other sources. Beginning balance, July 1, 2022 $ 10,408,664 Additions Impact Fees $ 1,107,479 Unrealized Gains/Losses (70,852) Interest Earned 192,716 Total Additions $ 1,229,343 Disbursements % Fee Funded City Administration $ 2,800 100% Total Disbursements $ (2,800) Remaining balance as of June 30, 2023 $ 11,635,207 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2023-24 - Total Planned Projects for Fiscal Year 2023-24 $ 11,635,207 Five-Year Revenue Test Using First In First Out Method Revenue Available FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Current Fiscal Year $ 3,187,257 $ 2,297,395 $ 1,916,350 $ 2,832,407 $ 1,229,343 2-Year Old funds 5,565,334 3,187,257 2,297,395 1,916,350 2,832,407 3-Year Old funds 1,635,518 2,665,095 3,512,384 2,297,395 1,916,350 4-Year Old funds 1,777,053 - - 3,362,512 2,297,395 5-Year Old funds 158,396 - - - 3,359,712 Older than 5 Years old - - - - - Total Revenue Available $ 12,323,558 $ 8,149,747 $ 7,726,129 $ 10,408,664 $ 11,635,207 187 36 Bicycle and Pedestrian Impact Fee for Fiscal Year 2022-23 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $243 per unit Multi-Family $170 per unit Mobile Home $127 per unit Commercial/Industrial Commercial / Retail $.36 per SQFT Hotel / Visitor Services $.24 / visitor SF Office / R&D $.09 per SQFT Industrial $.12 per SQFT Commercial Linkage Impact Fee Rates for Fiscal Year 2022-23 Gross Square Feet Commercial Floor Area Minus Existing Floor Area × Current Fee Amount for Applicable Land use Category where the Land Use Fee is: $5.80 per sf for hotel $2.90 per sf for restaurant and retail $17.38 per sf for office and R&D Library Impact Fee Rates for Fiscal Year 2022-23 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Up to 8 du / ac $828.68 per unit 8.1-18 du / ac $725.39 per unit 18 + du / ac $617.30 per unit Commercial/Industrial Commercial / Retail $.08 per SQFT Hotel / Visitor Services $.04 / visitor SF Office / R&D $.14 per SQFT Industrial $.05 per SQFT Park In-Lieu Fee for Fiscal Year 2022-23 The Park In-Lieu Fee shall be determined using the formula set out in Chapter 19.24.090(a). [Units in Structure x Average Residents per Unit x 0.003 (3 acres per 1,000 Residents) x Average Fair Market Value per acre = in-lieu fee] 188 37 Childcare Impact Fee Rates for Fiscal Year 2022-23 Land Use per Unit or per Gross Sq. Ft. (GSF) Residential Up to 8 du / ac $4,139.91 per unit 8.1-18 du / ac $3,625.54 per unit 18 + du / ac $3,086.51 per unit Residential – Applications Deemed Complete before 1/1/2022 Up to 8 du / ac $2,365.50 8.1-18 du / ac $2,220.87 18 + du / ac $2,212.51 Commercial/Industrial Commercial / Retail $0.81 per GSF Hotel / Visitor Services $0.30 per GSF Office / R&D $1.51 per GSF Industrial $0.60 per GSF 189 38 Park Land Acquisition Fee for Fiscal Year 2022-23 Land Use per Unit Residential Single-Family $3,124.80 per unit Duplex to Four-plex $2,699.55 per unit 5 to 19 $2,292.15 per unit 20 to 49 $1,846.95 per unit 50+ $1,611.75 per unit Mobile Home $2,400.30 per unit Park Construction Fee for Fiscal Year 2022-23 Land Use per Unit Residential Single-Family $31,254.78 per unit Duplex to Four-plex $26,997.11 per unit 5 to 19 $22,919.93 per unit 20 to 49 $18,481.77 per unit 50+ $16,125.83 per unit Park Land Acquisition/Construction Fee for Non-Residential for Fiscal Year 2022-23 Commercial/Industrial Commercial / Retail $1.51 per SQFT Hotel / Visitor Services $1.44 per SQFT Office / R&D $3.54 per SQFT Industrial $1.68 per SQFT Public Arts In-Lieu Fees Fiscal Year 2022-23 Every non-residential development project shall provide qualifying public art with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the development site. A non-residential development project may elect to make a public art contribution payment in an amount not less than 0.5% of construction costs into the public art fund, in lieu of acquisition and installation of public art on the development project site. 190 39 Public Safety Impact Fee Rates for Fiscal Year 2022-23 Land Use per Unit or per Square Foot (SF) Residential Up to 8 du / ac $1,657.88 per unit 8.1-18 du / ac $1,451.10 per unit 18 + du / ac $1,234.75 per unit Commercial/Industrial Commercial / Retail $0.53 per SF Hotel / Visitor $0.31 per SF Office / R&D $1.31 per SF Industrial $0.48 per SF Transportation Impact Fee for Fiscal Year 2022-23 Land Use per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $8,036.27 per unit Multi-Family $4,631.01 per unit Commercial/Industrial Commercial / Retail Office/ R&D Industrial $30.69/ SQFT $34.85/ SQFT $15.72/ SQFT Hotel $2,929.29/ room 191 40 Oyster Point Interchange Impact Fee Rates for Fiscal Year 2022-23 The impact fee is calculated by multiplying the number of vehicle trips by $154 and by the percentage increase in the Construction Cost Index (CCI) as published in the Engineering News-Record (ENR) from the date of adoption, when the CCI was 6,552.16, to the current effective CCI. Vehicle Trips are based on average daily traffic (ADT). The rates shown below are based on 1,000 gross square feet of land use. The ENR CCI published in May is used to calculate monthly increases. The CCI for May 2021 and 2022 were 13,425.35 and 15,326.99, respectively, resulting in a percentage increase of 14.16% Land Use ADT Trip Rate per 1,000 GSF General Industrial 5.46 Manufacturing 3.99 Warehousing 4.50 Hotel 10.50 General Office Building 12.30 Research & Development (R&D) 5.30 Restaurant (Dinner House/High Turn-over) 56.30 / 164.40 General Commercial 48 OPI Impact Fee: = (Development Area, SF /1000 SF) x ($154.00) x (Monthly ENR-CCI) / (6,552.16) Sewer Impact Fee Rates for Fiscal Year 2022-23 The generation rate for all land use is 400 gallons per day per 1,000 square feet of building area. New Sewer Impact Fee = ($6.40/Gallon) x (1.0475) = ($6.70/Gallon) Traffic Impact Fee Rates for Fiscal Year 2022-23 (East of 101*) Area of Building x Land Use Fee where the Land Use Fee is: R&D/office = $7.60 per building sq. ft. Hotel = $1,771.92 per room Commercial/retail = $31.55 per building sq. ft. * The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. 192 41 Sewer Capacity Charge for Fiscal Year 2022-23 The fee is updated each calendar year. The fee is currently $5,810 per EDU. An EDU, or Equivalent Dwelling Unit, is the amount and strength of sewage equivalent to that discharged by a single-family residence. EDU = (0.00347 x Q) + (0.362 x BOD) + (0.589 x TSS). Q = gallons per day of sewage to be discharged; BOD = pounds per day of biochemical oxygen demand to be discharged; TSS = pounds per day of total suspended solids to be discharged. 193 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-42 Agenda Date:1/24/2024 Version:1 Item #:8. Report regarding a resolution to approve a three-year professional services agreement with Maze and Associates, Certified Public Accountants, for independent audit services beginning with the fiscal year ending June 30, 2024, in an amount not to exceed $290,818, which includes a 10% contingency, with an option to extend for two additional fiscal years and to authorize the City Manager to execute the agreement.(Karen Chang, Director of Finance) RECOMMENDATION Staff recommends that the City Council approve a three-year professional services agreement with Maze and Associates,Certified Public Accountants,for independent audit services beginning with fiscal year ending June 30,2024,in an amount not to exceed $290,818,which includes a 10%contingency,with an option to extend for two additional fiscal years and to authorize the City Manager to execute the agreement. BACKGROUND/DISCUSSION Maze and Associates (“Maze”)has been the independent auditor for the City of South San Francisco since FY 2003-04.Government Finance Officers Association (GFOA)Best Practices recommend a full-scale competitive process at the end of the term of each audit contract.The last time the City issued a Request for Proposal (“RFP”)for independent audit services was in December 2015.Maze was awarded a contract of three years with an option for an additional two year extension.Maze’s current contract will end after the completion of their audit services for fiscal year June 30,2023.Given the guidance from GFOA and to promote due diligence, the City issued an RFP for independent audit services on August 28,2023.The City received six timely responses from Certified Professional Accounting (CPA) firms by the October 20,2023 submittal date. After review of all the qualified proposals,the top three firms,Maze and Associates,Badawi and Associates, and Lance,Soll &Lunghard,LLP were invited to an interview by an evaluation panel comprised of Karen Chang,Finance Director,Jason Wong,Deputy Finance Director,and Steven Lew,Acting Accounting Supervisor from the Finance Department. Panel members evaluated each prospective CPA firm according to the criteria listed below and weighed each value accordingly: ·Qualifications and experience 35% ·Proposal Quality/Responsiveness 25% ·Fit (Ability to meet City's requirements) 25% ·Cost 15% Maze was selected based on the result of the scores as follows: Selection Criteria Possible Points Maze Badawi LSL Qualifications and Experience 35 33.3 33.3 32.3 Proposal Quality/Responsiveness 25 24.7 23.7 22.0 Fit (Ability to Meet City's Requirements)25 24.7 23.0 21.0 Cost 15 15.0 14.0 12.7 Total (Out of 100)100 97.7 94.0 88.0 City of South San Francisco Printed on 1/19/2024Page 1 of 3 powered by Legistar™194 File #:24-42 Agenda Date:1/24/2024 Version:1 Item #:8. Selection Criteria Possible Points Maze Badawi LSL Qualifications and Experience 35 33.3 33.3 32.3 Proposal Quality/Responsiveness 25 24.7 23.7 22.0 Fit (Ability to Meet City's Requirements)25 24.7 23.0 21.0 Cost 15 15.0 14.0 12.7 Total (Out of 100)100 97.7 94.0 88.0 Maze and Associates is a licensed California Certified Public Accounting firm based in Pleasant Hill, California.With a staff of 35 individuals,the firm has focused its practice on municipalities since its inception in 1986.As a result,they annually audit over 200 municipalities.The firm will conduct the annual independent audit of the City’s financial transactions and to express an opinion on the fairness of the presentation of the: ·City’s financial statements; ·Single audit and report in conformance with U.S.Office of Management and Budget (OMB)Uniform Grant Guidance/Super Circular; ·Successor Agency to the City of South San Francisco Redevelopment Agency (Successor Agency)/City Housing Fund,Community Development Block Grant Special Revenue Fund Audit,and other grant funds as part of Single Audit; ·Gann Appropriations Limit worksheet agreed-upon procedures report; ·Measure A Funds for Local Transportation Purposes audit and compliance; ·Measure W Funds for Local Transportation Purposes audit and compliance in accordance with San Mateo County Congestion Relief Plan; ·Transportation Development Act (TDA) audit and report; ·State Controller’s City’s Annual Report of Financial Transactions; ·Indenture of Trust associated with the 2005D Bond audit and compliance; and ·Other Reports as Required. FISCAL IMPACT Fees for providing the audit services for the FY 2023-24 will be $83,865, which represents a 0.6% increase from services provided during the FY 2022-23 audit. Fees for providing the audit services for the subsequent fiscal years will be $88,055 and $92,460 respectively. Staff have included a 10% contingency of $26,438 in the contract to account for additional single audit programs and potential implementation of new GASB. The total contract costs for the three years should not exceed $290,818. Funds will be appropriated within the operating budgets for the respective fiscal years. RELATIONSHIP TO STRATEGIC PLAN Approval of this action contributes to the City’s strategic initiative (Priority Area 3) of ensuring fiscal stability. CONCLUSION Approval of the attached resolution positions the City to continue its due diligence efforts by ensuring high quality independent audit services at a competitive rate. City of South San Francisco Printed on 1/19/2024Page 2 of 3 powered by Legistar™195 File #:24-42 Agenda Date:1/24/2024 Version:1 Item #:8. Attachment: 1.Draft Agreement for Auditing Services City of South San Francisco Printed on 1/19/2024Page 3 of 3 powered by Legistar™196 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MAZE & ASSOCIATES THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Maze & Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of March 31, 2024 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on March 31, 2027, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $290,818.00 (TWO HUNDRED NINETY THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS) which consists of $264,380.00 (TWO HUNDRED SIXTY FOUR THOUSAND THREE HUNDERED EIGHTY) plus 10% contingency, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth 197 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 2 of 16 herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ▪ Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); ▪ The beginning and ending dates of the billing period; ▪ A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ▪ The amount and purpose of actual expenditures for which reimbursement is sought; ▪ The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 198 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 3 of 16 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as an exhibit. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non- California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the 199 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 4 of 16 Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may 200 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 5 of 16 arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 201 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 6 of 16 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 202 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 7 of 16 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention 203 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 8 of 16 required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, 204 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 9 of 16 loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 205 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 10 of 16 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. 206 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 11 of 16 In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. 207 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 12 of 16 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is 208 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 13 of 16 made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. 209 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 14 of 16 Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Director of Finance ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Maze & Associates 3478 Buskirk Avenue, Suite 217 Pleasant Hill, CA 94523 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 210 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 15 of 16 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. 211 Consulting Services Agreement between [Rev:11.14.2016] January 24, 2024 City of South San Francisco and Maze & Associates Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 212 EXHIBIT A SCOPE OF SERVICES 213 EXHIBIT B COMPENSATION SCHEDULE 214 EXHIBIT C INSURANCE CERTIFICATES 215 [OPTIONAL] EXHIBIT D FORM 590 216 Independent Audit Services Agreement Presentation to City Council Karen Chang, Director of Finance January 24, 2024 Government Code Section 54957.5 SB 343 Item Agenda: 01/24/2024 REG CC - Item #8 217 Overview ▪Maze and Associates served as independent auditor for the City since FY 2004 ▪Current audit contract expires after completion of audit services for FY 2023 ▪Government Finance Officers Association (GFOA) best practices recommend full-scale competitive process ▪City issued RFP for 3-Year auditing services with option to extend for two additional fiscal years on August 28, 2023 2218 6 Proposals Received –October 20, 2023 ▪Badawi & Associates ▪Edie Bailly LLP ▪Harshwal & Company LLP ▪Lance, Soll & Lunghard LLP ▪Maze & Associates ▪The Pun Group LLP 3219 Selected Top 3 for interview ▪Badawi & Associates ▪Lance, Soll & Lunghard LLP ▪Maze & Associates 4220 Evaluation 5 Selection Criteria Possible Points Maze Badawi LSL Qualifications and Experience 35 33.3 33.3 32.3 Proposal Quality/Responsiveness 25 24.7 23.7 22.0 Fit (Ability to Meet City's Requirements)25 24.7 23.0 21.0 Cost 15 15.0 14.0 12.7 Total (Out of 100)100 97.7 94.0 88.0 221 Proposed Fees (Maximum Not-to-Exceed) 6 Firms FY 2022-23 (Current) FY 2023-24 (Year 1) Maze & Associates $83,330 $83,865 Badawi & Associates N/A $92,875 Lance, Soll & Lunghard, LLP N/A $105,170 ▪Staff has included a 10% contingency of $26,438 in the contract to account for additional single audit programs, potential implementation of new GASB or additional services. 222 Scope of Work ▪City’s financial statements; ▪Single audit and report in conformance with U. S. Office of Management and Budget (OMB) Uniform Grant Guidance/Super Circular; ▪Successor Agency to the City of South San Francisco Redevelopment Agency (Successor Agency)/City Housing Fund, Community Development Block Grant Special Revenue Fund Audit, and other grant funds as part of Single Audit; ▪Gann Appropriations Limit worksheet agreed-upon procedures report; ▪Measure A Funds for Local Transportation Purposes audit and compliance; ▪Measure W Funds for Local Transportation Purposes audit and compliance in accordance with San Mateo County Congestion Relief Plan; ▪Transportation Development Act (TDA) audit and report; ▪State Controller’s City’s Annual Report of Financial Transactions; ▪Indenture of Trust associated with the 2005D Bond audit and compliance; and ▪Other Reports as Required 7223 QUESTIONS 8224 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-43 Agenda Date:1/24/2024 Version:1 Item #:8a. A resolution approving a three-year Professional Services Agreement with Maze and Associates,Certified Public Accountants,for independent audit services beginning with the fiscal year ending June 30,2024,in an amount not to exceed $290,818,which includes a 10%contingency,with an option to extend for two additional fiscal years and to authorize the City Manager to execute the agreement. WHEREAS,the City of South San Francisco ("City")published a Request for Proposals (“RFP")for independent audit services; and WHEREAS, six vendors submitted timely proposals, and three vendors were interviewed; and WHEREAS,a panel comprised of internal local governmental finance professionals interviewed three of the vendors and determined that Maze and Associates would best serve the City' s needs; and WHEREAS,both parties now wish to enter into an agreement,whereby Maze and Associates will provide independent audit services commencing FY 2023-24 through FY 2025-26 with options to extend two additional fiscal years and attached hereto as Attachment A; and WHEREAS,this City Council has examined the Agreement and approves of it as to both form and content,and desires to enter into said Agreement. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby take the following action: 1.Approves an Agreement with Maze and Associates for a three-year Professional Services Agreement to provide three years of independent audit services in an amount not to exceed 290,818, including a 10%contingency,commencing Fiscal Year 2023-24 through Fiscal Year 2025-26 with options to extend for two additional fiscal years,substantially in the form attached hereto as Attachment A. 2.Authorizes the City Manager,or her designee,to execute an Agreement with Maze and Associates, City of South San Francisco Printed on 1/25/2024Page 1 of 2 powered by Legistar™225 File #:24-43 Agenda Date:1/24/2024 Version:1 Item #:8a. 2.Authorizes the City Manager,or her designee,to execute an Agreement with Maze and Associates, subject to approval as to form by the City Attorney,for and on behalf of the City of South San Francisco,and to take any other actions necessary to carry out the intent of this resolution on behalf of the City Council. * * * * * City of South San Francisco Printed on 1/25/2024Page 2 of 2 powered by Legistar™226 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-30 Agenda Date:1/24/2024 Version:1 Item #:9. Report regarding a resolution accepting the Annual Comprehensive Financial Report (ACFR)and other related miscellaneous reports for Fiscal Year 2022-23 (Karen Chang, Finance Director) RECOMMENDATION Staff recommends that the City Council review and accept the Audited Financial Statements for the City of South San Francisco for the fiscal year ended June 30, 2023. BACKGROUND/DISCUSSION Summary Each year the City of South San Francisco is required to prepare audited financial statements in addition to a number of related reports.This action requests that City Council formally accept these reports.A copy of the Annual Comprehensive Financial Report (ACFR) is available for public inspection at the City’s website. For FY 2022-23,the City has received an unmodified or clean opinion on the financial statements from its auditors Maze &Associates (Maze).In addition,all requirements have been met to achieve the highest standard in government accounting and financial reporting:the Certificate of Achievement for Excellence in Financial Reporting issued by the Government Finance Officers Association (GFOA)of the United States and Canada. The City of South San Francisco has received this certificate annually for the last 21 consecutive years. Background The City’s independent auditors,Maze,have completed the audit of the City’s financial transactions and internal controls for FY 2022-23.The following reports are prepared by the City of South San Francisco and audited by the City’s independent auditors.Maze also reviewed the City’s Appropriations Limit Calculation for fiscal year 2022-23. ·Annual Comprehensive Financial Report (ACFR)is the overall financial report for the entire city organization and provides information about the financial results of operations and numerous required disclosures.This is the financial report prepared by the City and audited by the independent auditors to provide reasonable assurance that the financial statements are fairly presented in accordance with generally accepted accounting principles (GAAP)in the United States.This report contains the Independent Auditors’Report,which is prepared by the auditors based on their examination of the City’s financial transactions for the fiscal year ending June 30, 2023. The ACFR shows the total of all financial accounting for the fiscal year.The financial reporting provided in the ACFR is in greater detail than the basic financial statements and is made up of three primary sections: ·Introductory Section:provides general information about the City,including the letter of transmittal, list of principal officers, and an organization chart. ·Financial Section:provides the overall financial information for the City,including the report of City of South San Francisco Printed on 1/19/2024Page 1 of 5 powered by Legistar™227 File #:24-30 Agenda Date:1/24/2024 Version:1 Item #:9. ·Financial Section:provides the overall financial information for the City,including the report of the independent auditor,management’s discussion and analysis (MD&A),the basic financial statements,notes to the basic financial statements,required supplementary information,and other supplementary statements and schedules. ·Statistical Section:provides a broad range of operational,economic,and historical data providing context for assessing the City’s fiscal condition.This section provides information about general financial trends,revenue and debt capacities,economic and demographic trends, and operating information. ·The City of South San Francisco Transportation Development Act Article III Fund Financial Statements and Independent Auditors’Reports (TDA)is the required audit report for the grant funds received by the City for local streets and roads,construction and maintenance,sidewalk ramp and pedestrian trail projects.Copies of the report are submitted to the Metropolitan Transportation Commission (MTC)and State Controller’s Office for their review to show that the City is in compliance with the requirements governing expenditures of MTC funds for the year ending June 30, 2023. ·San Mateo County Measure A Funds financial statements and Independent Auditors’Report is required by the San Mateo County Transportation Authority (SamTrans).Measure A funds,the one-half of one percent sales and use tax approved by the San Mateo County voters in 1988 to provide funding for improvements of local transportation.Copies of the report are submitted to SamTrans to show that the City is in compliance with the requirements governing expenditures of Measure A funds for the year ending June 30, 2023. ·San Mateo County Measure W Funds financial statements and Independent Auditors’Report is required by San Mateo County Transportation Authority.Measure W funds,the one-half of one percent sales and use tax approved by the San Mateo County voters in 2018 to provide funding for local safety, pothole and congestion relief improvement program that includes transportation and public transit. Copies of the report are submitted to SamTrans to show that the City is in compliance with the requirements governing expenditures of Measure W funds for the year ending June 30, 2023. ·Independent Accountants’Report on Agreed-Upon Procedures Applied to Appropriations Limit Schedule is required by the State of California in Section 1.5 of Article XIIIB of the California Constitution.Article XIIIB of the California Constitution limits the amount that governmental agencies can annually appropriate from proceeds of taxes.An annual calculation,factoring in population and inflation changes,is performed each year to determine the new appropriation limit.The appropriation limit for the FY 2022-23 was approved by Council by resolution in June 2023. ·The Auditors’Required Communications Letter includes the auditors’letter,addressed to the City, communicating their responsibilities in performing the audit and if any,significant findings,and issues detected during the course of the audit.The report references the City of South San Francisco Management Representation Letter,addressed to the auditors,communicating management’s opinion of the City’s financial condition, internal controls, and adherence with laws and regulations. ·The Independent Auditors’Memorandum on Internal Control report includes a review of the City’s internal controls,based on the audits of the ACFR and Measure A and W financial reports.If the auditor identifies deficiencies, they identify recommendations to improve internal controls. City of South San Francisco Printed on 1/19/2024Page 2 of 5 powered by Legistar™228 File #:24-30 Agenda Date:1/24/2024 Version:1 Item #:9. Discussion Financial Highlights Maze found the City’s financial statements present fairly,in all material ways,the respective financial position of the City as of June 30, 2023 (Independent Auditor’s Report, Opinions). The audited financial statements include the statement of net position,statement of activities and changes in net position,balance sheets,statement of revenues,expenditures,and changes in fund balance,and statements of cash flows. Please refer to the Management’s Discussion and Analysis section in the ACFR for detailed discussion regarding the City’s financial performance and position.All references to the General Fund within the ACFR include Measure W.Please refer to pages 116-118 for financials relating only to the main general purpose fund. Key financial highlights for the year ended June 30, 2023 are as follows: ·Total Net Position for Governmental activities in FY 2022-23 increased by $37.5 million,or 9.5%,from $396.8 million in the prior year,to $434.3 million.The increase in cash and investments of $46 million was mainly due to higher revenues received in the year with a reduction in receivables at the end of the year.The reduction in restricted cash and investments was due to drawing down from bond proceeds to fund capital projects,mainly Orange Memorial Parks and Civic Campus.The decrease in bond trustee account was offset by the capitalization of the Police Station at $53 million.The growth in assets of $28.1 million was offset by a $77.4 million increase in Net Pension Liability. ·Total Net Position for Business-Type activities,which includes Wastewater treatment (or Sewer),Parking,and Storm Water Funds,in FY 2022-23 increased by $5 million,or 3.6%, from $137.9 million in the prior year,to $142.9 million.The growth in Net Position was mainly due to recognition of a $4 million loan forgiven stipulated in the State Water Resources Board loan agreement. ·The City’s Governmental Funds reported combined fund balances of $312 million,a decrease of $31.6 million,or 9.21%,compared to the prior year.This was primarily due to near completion of the bond funded capital improvement projects such as Civic Campus,Orange Memorial Park,and Street Projects.The General Fund ending fund balance,which includes Measure W,was $88.6 million,reflecting an increase of $12 million,or 15.5%,over the prior year primarily due to stronger revenues in most major revenue categories,but also due to encumbrances being rolled over to next year. ·The combined General Fund balance was $88.6 million,of which $16.8 million was attributable to Measure W.Of the remaining fund balance,$29.3 million was held in reserve in accordance with the city policy which is aligned with the Governmental Finance Officers Association (GFOA)recommended reserve practice.The remaining $42.5 million was held in designation/reserve accounts for various purposes such as encumbrances,capital projects, land held for development, and unassigned fund balances. ·Combined General Fund revenues,excluding transfers in and special items,were $162.1 million which was $18.1 million,or 12.6%higher than the final amended budget.The increase was largely due to continued strong real estate market,higher tax allocation from the City of South San Francisco Printed on 1/19/2024Page 3 of 5 powered by Legistar™229 File #:24-30 Agenda Date:1/24/2024 Version:1 Item #:9. was largely due to continued strong real estate market,higher tax allocation from the Successor Agency,higher sales tax revenue,including Measure W,and higher than expected transient occupancy taxes.The increases were offset by the reduced lower property tax in-lieu of vehicle license fee (VLF).The general purpose General Fund revenues,excluding transfers in and special items, were $146.5 million. ·Combined General Fund expenditures,excluding transfers and including encumbrances,were $133.9 million,which was $5.5 million,or 4.1%,lower than final budget due to overspends in various departments and carry over of a significant number of purchase orders.However, absent the $8.7 million encumbrances carried over,the combined General Fund expenditure for FY 2022-23 was $142.3 million.The general purpose General Fund expenditures, excluding transfers and special items and including encumbrances, was $133.6 million. ·Overall,the general purpose General Fund experienced a $7 million surplus in FY 2022-23, including all transfers and one-time special items but excluding encumbrances,compared with a projected $55,000 in the original adopted budget.However,if all the deferred encumbrances had been realized,the general purpose General Fund would have been in a $1.7 million deficit. ·The Sewer Enterprise fund reported operating revenue (before non-operating revenues and operating transfers)of $30.1 million in FY 2022-23,an increase of $1.7 million,or 6.0%,from $28.4 million in the prior year.This increase in revenue is largely due to more water usage and therefore larger sewer effluent volumes on which service charges are based.In addition,the revenue increase was due to other cities’increase in participation of Operating and Maintenance Cost sharing.Operating expenses increased $2.1 million,or 8.0%,from $25.8 million to $27.9 million, due to higher payroll-related expenses. Auditors’ Communication with Those Charged with Governance Professional auditing standards require the auditors to communicate in writing to management and those charged with governance.Maze and Associates has issued the Memorandum on Internal Control and Required Communications, and the memorandum is attached to this staff report for your review. Staff is pleased to inform the Council that there were no findings that resulted from the audit. Staff and Maze will issue a Single Audit Report on or before March 2023.The Single Audit Report is the audit report required by the Single audit Uniform Guidance.This report contains a schedule of Federal Financial Assistance that summarizes Federal grant activity in the City of South San Francisco for the fiscal year. CONCLUSION In Summary,Maze found the general-purpose financial statements present fairly the City’s financial position as of June 30,2023.This is the highest-level opinion that can be rendered by the auditors.This opinion assures that the City’s financial statements are in conformity with accounting principles generally accepted in the United States and was rendered on all City funds.Other reports such as TDA,Measure A and W also meet the compliance requirements. City of South San Francisco Printed on 1/19/2024Page 4 of 5 powered by Legistar™230 File #:24-30 Agenda Date:1/24/2024 Version:1 Item #:9. City of South San Francisco Printed on 1/19/2024Page 5 of 5 powered by Legistar™231 Independent Auditor Presentation for the Fiscal Year Ended June 30, 2023 Annual Comprehensive Financial Report and Other Related Annual Audit Reports City of South San Francisco City Council January 24, 2024 Amy L. Meyer, CPA Partner 1 Government Code Section 54957.5 SB 343 Item Agenda: 01/24/2024 REG CC - Item #9 23 2 Annual Audit Maze and Associates – we are an independent CPA firm, independent from the City of South San Francisco and its component units. Audit was conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States of America. 223 3 We Audit City (Annual Comprehensive Financial Report) Transportation Development Act (TDA) Financial Statements and Compliance Compliance Testing for Measures A and W programs Single Audit required in current year -later (federal award programs) 323 4 Results of Audit Independent Auditor’s Report (pg 1 of ACFR) Unmodified/clean opinions…fairly stated, in all material respects…in conformity with accounting principles generally accepted (GAAP) in the USA. TDA (pg 1) Unmodified/clean opinion No compliance findings Measures A and W Unmodified/clean opinions No compliance findings 423 5 Results of Audit Management’s Discussion and Analysis (prepared by Finance Staff – pg 5 of ACFR) Discusses significant activity for the fiscal year Major Events Include Implemented GASB 96, SBITAs –none to record Police Station Phase I Completed - $53.4m Pension – increased $86m after a PY decrease of $60.9m OPEB – increased $6.8m after a PY decrease of $6.2m 523 6 Results of Audit Memorandum on Internal Control Three possible categories for comments: Material Weakness Significant Deficiency Other Matters 623 7 Results of Audit Memorandum on Internal Control No material weaknesses noted Four other matters Other informational items 723 8 Results of Audit Required Communications Changes in Accounting Policies None – Four GASBs effective, but little to no impact Unusual Transactions, Controversial or Emerging Areas None Significant Accounting Estimates Include Pension and OPEB Liabilities and Related Def Outflows/Inflows Fair Value of Investments Depreciation Compensated Absences Claims Liabilities 823 9 Results of Audit Required Communications (Continued) No difficulties encountered or disagreements with management No material adjustments No uncorrected misstatements to report (deemed trivial) 924 0 Other Reports Agreed Upon Procedures – recalculation of the Gann Limit (Appropriations Limit) City and District – no errors noted 1024 1 QUESTIONS? 11 “We are in the business to help our clients succeed” 24 2 FY 2022-23 Annual Comprehensive Financial Report City Council Meeting January 24, 2024 Government Code Section 54957.5 SB 343 Agenda: 01/24/2024 Reg CC Item # 9 243 FY 2022-23 ACFR Overview 2 Annually audited by Maze & Associates –the City’s independent audit firm Prepared following the guidelines recommended by: •Government Finance Officers Association (GFOA) of the United States and Canada •Standards adopted by the Governmental Accounting Standards Board (GASB) 244 FY 2022/23 ACFR Layout Introductory Section •Letter of Transmittal •Provides the formal transmittal of the ACFR from management •Provides information useful in assessing an entity’s economic condition •GFOA Certificate of Achievement •Organization Chart •City Council & Principal Officers 245 FY 2022-23 ACFR Layout •Financial Section: •Independent Auditor’s Report (Opinion) •Maze •Unmodified Opinion •Management’s Discussion and Analysis •Overview of the entity’s basic financial statements •Provides comparative data from prior years •Provides the results of the entity’s overall financial position and results of operations •Discussion of capital assets and long-term debt activity •Basic Financial Statements of the City •Government-wide financial statements, fund financial statements, notes to the financial statements, and supplementary information 4246 FY 2022/23 ACFR Layout •Financial Section (continued): •Notes to the Financial Statements •Presents detailed information as a context for understanding the information in the financial statements •Statistical Section: •Presents supplementary information about the City’s overall Fiscal condition. 247 General Fund Highlights Revenues* (excluding transfers) $146.5 million Expenditures (excluding transfers) - $133.6 million General Fund Operating Surplus $12.9 million •Special Items = -$9.8 million •Net Transfers = $3.9 million General Fund Surplus $7.0 million Encumbrance rollover -$8.7 million 248 FY 2022-23 General Fund Revenue Favorable/ (Unfavorable)% Variance Property Taxes 49,779,284$ 43,804,769$ 45,804,769$ 54,041,117$ 8,236,348$ 18.0% Sales Tax 22,361,011 20,991,018 22,391,018 21,735,087 (655,931) -2.9% Transient Occupancy Tax 12,135,638 11,160,752 14,160,752 16,357,104 2,196,352 15.5% Other Taxes 6,537,423 4,893,252 5,693,252 8,059,817 2,366,565 41.6% Franchise Fees 4,863,076 4,600,000 4,600,000 5,240,637 640,637 13.9% Building and Fire Permits 14,062,474 15,500,000 19,425,400 20,467,644 1,042,244 5.4% Fines and Forfeitures 700,961 710,824 710,824 757,019 46,195 6.5% Intergovernmental 3,196,346 2,844,618 4,337,199 3,558,742 (778,457) -17.9% Charges for Services 9,747,605 8,799,097 8,265,097 11,673,187 3,408,090 41.2% Use of Money & Property 1,553,209 5,453,469 4,556,469 4,247,107 (309,362) -6.8% Other Revenues 515,004 259,383 278,903 353,378 74,475 26.7% Total Revenues 125,452,031$ 119,017,182$ 130,223,682$ 146,490,839$ 16,267,157$ 12.5% Add Prior Year Committed reserves - 7,469,764 - - Total Available Resources 125,452,031$ 119,017,182$ 137,693,446$ 146,490,839$ 16,267,157$ Variance from 2022-23 Adjusted budget Revenues Actual 2021-22 Adopted 2022-23 Adjusted 2022-23 Actual 2022-23 249 FY 2022-23 Expenditure Summary (Favorable)/ Unfavorable % Variance City Council 252,677$ 258,749$ 260,650$ 241,596$ (19,054)$ -7.3% City Clerk 887,678$ 1,143,342$ 1,154,449$ 1,027,822$ (126,627)$ -11.0% City Treasurer 39,852$ 167,292$ 167,904$ 35,279$ (132,625)$ -79.0% City Attorney 1,138,457$ 940,290$ 940,291$ 1,220,059$ 279,768$ 29.8% City Manager 3,911,694$ 4,527,997$ 5,324,596$ 3,819,858$ 90,051 (1,414,687)$ -26.6% Finance 3,148,914$ 3,892,875$ 4,405,085$ 3,089,869$ 527,453 (787,763)$ -17.9% Non-Departmental 2,580,748$ 2,044,367$ 2,152,699$ 3,625,264$ 2,782 1,475,347$ 68.5% Human Resources 2,065,927$ 2,518,004$ 2,684,109$ 2,221,160$ 110,827 (352,122)$ -13.1% Economic & Community Development 11,006,922$ 8,907,770$ 15,609,631$ 11,770,931$ 4,139,032 300,332$ 1.9% Fire 32,560,468$ 31,313,293$ 33,424,718$ 35,512,513$ 887,974 2,975,769$ 8.9% Police 33,281,487$ 32,957,662$ 34,511,302$ 36,282,832$ 277 1,771,807$ 5.1% Public Works 6,294,564$ 7,120,654$ 8,603,705$ 7,936,326$ 995,569 328,190$ 3.8% Library 6,495,279$ 6,706,110$ 7,273,745$ 6,475,274$ 43,708 (754,763)$ -10.4% Parks & Recreation 18,092,526$ 19,608,365$ 22,873,152$ 20,362,073$ 1,863,866 (647,213)$ -2.8% Total Expenditures 121,757,193$ 122,106,770$ 139,386,036$ 133,620,856$ 8,661,539$ 2,896,359$ 2.1% Variance from 2022-23 Adjusted budget Expenditures Actual 2021-22 Adopted 2022-23 Adjusted 2022-23 Actual 2022-23 Carryover Purchase Orders 250 FY 2022-23 Surplus/(Deficit) (Favorable)/ Unfavorable % Variance Net Operating Surplus/ (Deficit)3,694,838$ (3,089,588)$ (1,692,590)$ 12,869,983$ Other Financing Sources / (Uses) Transfers in 4,763,729$ 3,245,000$ 6,151,400$ 5,283,682$ -$ (867,718)$ -14.1% Transfers out (10,033,749) (100,000) (4,533,270) (1,388,940) - 3,144,330 -69.4% Other Accounting Adjustments (1,455,282) - 897,000 (9,761,156) Total Other Financing Sources/ (Uses)(6,725,302)$ 3,145,000$ 2,515,130$ (5,866,414)$ -$ (4,012,048)$ 55.3% Net Change in Fund Balance (3,030,464)$ 55,412$ 822,540$ 7,003,569$ Variance from 2022-23 Adjusted budget Actual 2021-22 Adopted 2022-23 Adjusted 2022-23 Actual 2022-23 Carryover Purchase Orders 251 General Fund Highlights General Fund’s fund balance* = $71.8M •$7M Surplus in FY 2022-23** •$55K per Adopted budget * Excludes Measure W Sales Tax ** Excludes deferred encumbrances $8.7M 1 0 252 General Fund –Reserves as of 6-30-2023 Total Fund balance 71,798,386$ Designated for: CIP (3,775,873)$ Encumbrances (PO)(8,661,539) Land Held for Red.(3,718,818) ERP Replacement (6,000,000) 20% Reserve per GFOA (29,298,168) (51,454,398)$ Unassigned F/B 20,343,988$ 253 FY2022-23 City Reserve & GF Unassigned Fund Balance 12 * Per GFOA best practices. Represents approx. 2-3 months operating needs **Approx. $4M has been assigned for projects in FY2023-24 adopted budget General Reserves (City Policy) $ 29,298,000* Pension Reserves $ 5,596,000 Infrastructure Reserves $ 8,194,000** TOTAL Reserve $ 43,088,000 Available Unassigned GF Fund Balance $20,344,000 Total Combined Balance $63,432,000 254 QUESTIONS? Q&A 13255 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-31 Agenda Date:1/24/2024 Version:1 Item #:9a. Resolution approving the Annual Comprehensive Financial Report and other related miscellaneous reports for Fiscal Year 2022-23 WHEREAS,the Government Accounting Standards Board Statement 34 (GASB 34)requires the City of South San Francisco to provide an overview of its financial activities for the fiscal year; and WHEREAS,the City of South San Francisco publishes an Annual Comprehensive Financial Report (ACFR), which includes its Basic Financial Statements as defined in Governmental Accounting Standards,as well as Supplementary Information; and other related miscellaneous reports for Fiscal Year 2022-23; and WHEREAS,the City’s independent auditor opined that the City’s financial statements present fairly,in all material respects, the City’s financial position as of year ended June 30, 2023; and WHEREAS,the auditor,as part of its most recently completed audit,has prepared a letter to the City Council, also known as the Auditors’Required Communications Letter and Independent Auditors’Memorandum on Internal Control, outlining the scope of the audit review and findings, if any. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council accepts the attached results of the attached ACFR and other related miscellaneous reports for the fiscal year ended June 30, 2023. Attachments: 1.Annual Comprehensive Financial Report (ACFR) 2.Transportation Development Act, Article III Fund Program 3.San Mateo County Transportation Authority - Measure A Funds Financial Statements and Independent Auditors’ Report 4.San Mateo County Transportation Authority - Measure W Funds Financial Statements and Independent Auditors’ Report 5.Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations Limit Schedule 6.Auditors’ Required Communications Letter 7.Independent Auditors’ Memorandum on Internal Control ***** City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™256 ANNUAL COMPREHENSIVE FINANCIAL REPORT YEAR ENDED JUNE 30, 2023 CITY OF SOUTH SAN FRANCISCO CALIFORNIA 257 258 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2023 Prepared by: Department of Finance 259 This Page Left Intentionally Blank 260 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Annual Comprehensive Financial Report For the Year Ended June 30, 2023 Table of Contents Page INTRODUCTORY SECTION Table of Contents ............................................................................................................................................... i Letter of Transmittal ......................................................................................................................................... v Certificate of Achievement for Excellence in Financial Reporting ................................................................ xi Organization Chart .......................................................................................................................................... xii City Council and Directory of City Officials ................................................................................................ xiii FINANCIAL SECTION Independent Auditor's Report ...................................................................................................................... 1 Management’s Discussion and Analysis ....................................................................................................... 5 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position .................................................................................................................. 29 Statement of Activities ...................................................................................................................... 30 Fund Financial Statements: Major Governmental Funds: Balance Sheet ................................................................................................................................ 34 Reconciliation of Governmental Fund Balances to Net Position of Governmental Activities .... 36 Statement of Revenues, Expenditures, and Changes in Fund Balances ....................................... 38 Reconciliation of the Net Change in Fund Balances Total Governmental Funds with the Statement of Activities ........................................................................................................ 40 Statement of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Budgetary Basis: General Fund ....................................................................................................................... 41 American Rescue Plan Act Special Revenue Fund ............................................................. 42 i 261 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Annual Comprehensive Financial Report For the Year Ended June 30, 2023 Table of Contents Page FINANCIAL SECTION (Continued) Major Proprietary Funds: Statement of Net Position .............................................................................................................. 44 Statement of Revenues, Expenses, and Changes in Fund Net Position ........................................ 45 Statement of Cash Flows ............................................................................................................... 46 Fiduciary Funds: Statement of Fiduciary Net Position ............................................................................................. 48 Statement of Changes in Fiduciary Net Position .......................................................................... 49 Notes to Basic Financial Statements ...................................................................................................... 51 Required Supplementary Information: Schedule of Changes in Net Pension Liability and Related Ratios – Miscellaneous Plan ............................................................................................................ 106 Schedule of Contributions – Miscellaneous Plan ........................................................................ 107 Schedule of Changes in Net Pension Liability and Related Ratios – Safety Plan ...................... 108 Schedule of Contributions – Safety Plan ..................................................................................... 109 Schedule of Changes in the Net OPEB Liability and Related Ratios ......................................... 110 Schedule of Contributions – Retiree Healthcare OPEB Plan ...................................................... 111 Notes to Schedule of Employer Contributions ............................................................................ 111 Supplementary Information: General Fund: Combining Balance Sheets ............................................................................................................. 116 Combining Schedule of Revenues, Expenditures, and Changes in Fund Balances ..................................................................................................................... 117 Combining Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - (Non GAAP Legal Basis) ........................................... 118 ii 262 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Annual Comprehensive Financial Report For the Year Ended June 30, 2023 Table of Contents Page FINANCIAL SECTION (Continued) Non-major Governmental Funds: Combining Balance Sheet ............................................................................................................... 124 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ..................................................................................................................... 130 Budgeted Non-major Government Funds: Combining Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual ................................................................................... 136 Internal Service Funds: Combining Statement of Net Position ............................................................................................ 144 Combining Statement of Revenues, Expenses and Changes in Fund Net Position ....................... 145 Combining Statement of Cash Flows ............................................................................................. 146 Custodial Funds: Combining Statement of Net Position ............................................................................................ 148 Combining Statement of Changes in Net Position ......................................................................... 149 STATISTICAL SECTION Net Position by Component – Last Ten Fiscal Years .................................................................... 153 Changes in Net Position – Last Ten Fiscal Years .......................................................................... 154 Fund Balances of Governmental Funds – Last Ten Fiscal Years .................................................. 158 Changes in Fund Balance of Governmental Funds – Last Ten Fiscal Years ................................ 160 Assessed Value of Taxable Property – Last Ten Fiscal Years ...................................................... 162 Direct and Overlapping Governments – Property Tax Rates Last Ten Fiscal Years ................................................................................................................ 163 Principal Property Taxpayers – Current Year and Nine Years Ago .............................................. 164 Property Tax Levies and Collections – Last Ten Fiscal Years ...................................................... 165 iii 263 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Annual Comprehensive Financial Report For the Year Ended June 30, 2023 Table of Contents Page STATISTICAL SECTION (Continued) Ratio of Outstanding Debt by Type – Last Ten Fiscal Years ........................................................ 166 Computation of Direct and Overlapping Debt ............................................................................... 167 Computation of Legal Bonded Debt Margin ................................................................................. 168 Revenue Bond Coverage Sewer Rental Enterprise Fund – Last Ten Fiscal Years ....................... 169 Sewer Debt Service Coverage Sewer Rental Enterprise Fund – Last Eight Fiscal Years ............. 170 Redevelopment Pledged Revenue Coverage – Last Ten Fiscal Years .......................................... 171 Demographic and Economic Statistics – Last Ten Calendar Years .............................................. 172 Principal Employers – Current Year and Nine Years Ago ............................................................ 173 Full-Time Equivalent City Governmental Employees by Function – Last Ten Fiscal Years ....... 174 Operating Indicators by Function/Program – Last Nine Fiscal Years ........................................... 175 Capital Asset Statistics by Function/Program – Last Ten Fiscal Years ......................................... 176 Miscellaneous Information – Last Five Fiscal Years ..................................................................... 177 iv 264 December 27, 2023 Honorable Mayor and Members of the City Council City of South San Francisco South San Francisco, California We are pleased to submit the Annual Comprehensive Financial Report (ACFR) for the City of South San Francisco (City) for the fiscal year (FY) ended June 30, 2023. The City of South San Francisco is required to publish a complete set of financial statements presented in conformance with generally accepted accounting principles (GAAP) and audited by an independent, certified public accounting firm. This report is published to fulfill this requirement for the fiscal year ending June 30, 2023. The report presents the finances of the City of South San Francisco. Management assumes full responsibility for the completeness and fairness of the information presented in this report. To the best of our knowledge and belief, the enclosed data is accurate in all material respects and is reported in a manner designed to present fairly the financial position and results of operations of the various funds of the City. All disclosures necessary to enable the reader to gain an understanding of the City’s financial activities have been included. This report consists of management’s representations concerning the finances of the City. To provide a reasonable basis for making these representations, management established a comprehensive internal control framework designed to both protect the City’s assets from loss, theft, or misuse, compiled sufficient reliable information for the preparation of the City’s financial statements in conformity with the Generally Accepted Accounting Principles (GAAP), and complied with applicable laws and regulations. CITY COUNCIL 2023 FLOR NICOLAS, MAYOR (DIST. 3) MARK NAGALES, VICE MAYOR (DIST. 2) MARK ADDIEGO, MEMBER (DIST. 1) JAMES COLEMAN, MEMBER (DIST. 4) EDDIE FLORES, MEMBER (DIST. 5) SHARON RANALS, CITY MANAGER v 265 The City contracted with Maze & Associates (Maze), a public accounting firm licensed to perform local government audits in California, to complete the annual audit. Maze concluded that the financial statements present fairly the respective financial position of the government activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, and the respective changes in financial position, and where applicable, cash flows for the year ended June 30, 2023, in accordance with GAAP. This is a favorable conclusion and is commonly referred to as an unmodified opinion. The independent audit of the City’s financial statements is part of a broader, federally mandated “Single Audit” designed to meet the needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the City’s financial statements, but also on the City’s internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. Maze will issue the Single Audit on or before March of 2024. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statement in the form of the Management’s Discussion & Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The MD&A is located immediately following the report of the independent auditor in the financial section. CITY PROFILE The City proudly remains the Industrial City, a reflection of its steel mill and shipbuilding past, redefined to reflect the innovative, entrepreneurial, and industrious spirit which has made South San Francisco the Biotech Capital of the World, with over 250 active biotech companies and growing. The City encompasses approximately 9.5 square miles and has a population of 66,105. The City employs approximately 500 full-time regular employees and is a full-service city which includes public safety (police, fire and paramedics), libraries, parks, cultural and recreational activities, senior citizen services, public works, public improvements, engineering, planning, building regulation, economic development, drainage, street lighting, and general administrative services. Sewer service, downtown parking operations, and storm water management are accounted for in the City’s enterprise funds. The Conference Center Authority is included in the financial statements by discrete presentation – that is, the Authority’s financial data is reported in a column separate from the financial data of the City. Water and solid waste services are provided by private entities. vi 266 South San Francisco was incorporated and became a general law city of the State of California on September 19, 1908. The form of government is the Council- Manager plan. The City shifted from at-large to district elections in November 2018 for the City Council. Each Councilmember serves a term of four years, with a rotating Mayor chosen by majority vote of the Council, for a term of one year. The Council appoints the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City and appointing department directors. The offices of City Clerk and City Treasurer are elected and will remain at-large. This report includes all financial activities of the City, including financial information for the City, as the primary government, and for its component units, for which the City is considered financially accountable. The blended component units include the City of South San Francisco Capital Improvements Financing Authority, the Parking Authority of the City of South San Francisco, and the City of South San Francisco Public Facilities Financing Authority. The South San Francisco Conference Center is a discretely presented component unit and is included because of the significance of its governing, operational, and/or financial relationships with the City. The Successor Agency that was created due to the Redevelopment Agency dissolution is also included in this report. ASSESSING THE CITY’S ECONOMIC CONDITION The City continued to recover from the economic challenges associated with the global COVID-19 pandemic during Fiscal Year 2022-23. Unemployment rates increased slightly during the year from 2.60% in July 2022 to 3.10% in June 2023. This is in-line with the County of San Mateo’s unemployment rate of 3.10% but better than the State’s unemployment rate of 4.60% as of June 2023. Property tax revenues remained strong in FY 2022-23, continuing a multi-year trend that has been key to the City’s ongoing financial strength. Property taxes rose by 8.56%, supported by stable property sales activity and receipt of an additional $4 million from the Successor Agency Tax allocation. Permit and inspection revenue had seen a 45.5% jump in revenues from FY 2021-22 due to increase in activities. Revenues from transient occupancy taxes have recovered from pandemic levels low and experienced a 34.8% increase in FY 2022-23 as travel activities and tourism rebounded. An exception to these positive trends occurred with sales tax receipts, which declined by 1.1% in FY 2022-23 after an extraordinarily strong performance in FY 2021-22. Much uncertainty remains about the City’s prospects for further economic recovery, largely due to global economic stresses. Widespread inflation and interest rate increases, rising energy costs, protracted war in Europe, and the vii 267 potential for global recession all weigh heavily on South San Francisco’s fiscal outlook in the wake of FY 2022-23. Amidst these near-term global crises, the City continues to face numerous local challenges including housing affordability, traffic congestion, growth, and crime. To the extent they impact revenue growth, negative global economic trends may also constrain the City’s ability to address such local policy priorities. Despite immediate and longer-term challenges, the City remains well-positioned to take advantage of ongoing regional economic growth. The City remains a desirable location and continues to draw new residents and businesses. South San Francisco is home to the largest biotech cluster in the world, with over 250 biotech companies, and 11.5-million square feet of biotech space on 500-acres. Population growth also appears likely to recover from modest pandemic era declines as residential construction remains robust in a region with continued strong housing demand and a longstanding shortfall of supply. The City’s burgeoning tourism industry is also primed for growth with added hotel capacity in recent years. These strong fundamentals, which propelled South San Francisco’s economy in prior years, appear likely to support renewed growth as the City emerges from the public health crisis. In November 2015, voters in the City passed Measure W, which increased the sales tax rate within the City by 0.50%. The tax is deposited into the City's General Fund and will be used to pay for City services. This tax revenue is primarily used to pay the debt service on lease revenue bonds issued for construction of police station, Civic Campus, a new Aquatic Center and facilities at Orange Memorial Park. The Civic Center and Multi-purpose sports field opened in October 2023. MAJOR CITY SPONSORED INITIATIVES The City is committed to provide innovative, responsive services to enhance the quality of life of the community through which it continued to implement services and programs that are consistent with the community’s mission, vision, values, and strategic goals. Major programs/projects and accomplishments for FY 2022-23 are included as follows: Strategic Plans Completed Master Plans for Centennial Way Trail and Orange Memorial Park City Services In partnership with the South San Francisco Unified School District, expanded free after school programs for transitional kindergarten through sixth grade students as a part of the Expanded Learning Opportunities Program (ELOP) through the California Department of Education Launched the Joint Advisory Committee of the Child Care Master Plan Expanded free South City Shuttle services viii 268 Capital Projects Completion of Water Quality Plant’s Wet Weather Digesters Improvement Project Electrification of City’s Fleet with addition of 18 new Electric Vehicles Completion of Oyster Point Development Phase 1C Pavement Management Program – 2021 Surface Seal & Rehab projects South Airport Boulevard Improvement Project West Orange and Hillside Pedestrian Crossing Improvement Project Oyster Point Pump Station Water Quality Control Plant Sludge Dewatering Improvements Bay Trail Improvements at Oyster Point 2C FINANCIAL INFORMATION The City Council is required to adopt a final budget by passing a budget resolution no later than June 30th, following a public hearing process. This annual budget serves as the foundation for the City’s financial planning and control. The budget is prepared by fund, function, and department. The legal level of budgetary control is at the fund level. The City Manager is authorized to transfer budgeted amounts between departments and line items within any fund. Any revisions that alter the total expenditure of any fund must be approved by the City Council. Transfers between funds must be approved by the City Council. At the end of the fiscal year, encumbered appropriations are carried forward and become part of the following year’s budget while appropriations that have not been encumbered lapse, unless otherwise authorized by the City Council and the City Manager. In developing and appraising the City’s accounting system, consideration is given to the adequacy of internal accounting controls. Internal accounting controls are designed to provide reasonable but not absolute assurance regarding: (1) the safeguarding of assets against loss from unauthorized use or disposition; (2) the reliability of financial records for preparing financial statements and maintaining accountability for assets; and (3) transactions being properly executed in accordance with management’s authorization. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the evaluation of costs and benefits requires estimates and judgments by management. Basic characteristics of sound internal accounting control include segregation of accounting duties, approval of accounting transactions, and regular reconciliation of detail and control records. ix 269 All internal control evaluations occur within this framework. We believe that the City’s internal accounting controls adequately safeguard assets and provide reasonable assurances of proper recording of financial transactions. City continues to receive a triple A credit rating, which is a good indicator of the City's strong financial position, solid executive management, fiscally sound policies and practices, and responsible budgetary performance. The City’s Reserve Policy is aligned with the Government Finance Officers Association (GFOA) best practices recommendation for reserves, setting aside 15- 20 percent of operating revenues. OTHER INFORMATION Award The City’s ACFR for the fiscal year ended June 30, 2022, received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. The award signified the report’s attainment of easily readable and efficiently organized content and satisfaction of generally accepted accounting principles and legal requirements. The award is valid for a period of one year only. However, the City believes that this current report continues to conform to program eligibility requirements. Acknowledgments The preparation of the ACFR was made possible by the dedicated services of the entire staff of the Finance Department and our auditor. Each member of the department has our sincere appreciation for the contributions made in the preparation of this report. Furthermore, we would like to thank the City Council for its leadership and commitment to ensuring the long-term fiscal health of the City. Respectfully submitted, ____________________________ __________________________ Karen Chang Sharon Ranals Director of Finance City Manager x 270 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of South San Francisco California For its Annual Comprehensive Financial Report For the Fiscal Year Ended June 30, 2022 Executive Director/CEO xi 271 Citizens of South San Francisco City Council City Clerk Rosa Govea Acosta City Treasurer Frank Risso City Manager Sharon Renals City Attorney Sky Woodruff Exec. Assistant to the City Manager Marie Patea Administrative Departments Operating Departments Fire Chief Jess Magallanes Public Works Director Eunejune Kim Library Director Valerie Sommer Parks and Recreation Director Greg Mediati Econ. & Comm. Development Director Nell Selander Chief of Police Scott Campbell Human Resources Director Leah Lockhart Finance Director Karen Chang Assistant City Manager * Richard Lee Deputy City Manager Buenaflor Nicolas (District 3), Mayor Mark Nagales (District 2), Vice Mayor Mark Addiego (District 1), Member James Coleman (District 4), Member Eddie Flores (District 5), Member Information Technology Director Tony Barrera Capital Projects Director Jacob Gilchrist Phillip Vitale Dep. Capital Projects Director Christina Fernandez * As of June 30, 2023, the Assistant City Manager position was vacant. Rich Lee joined the City in late August 2023 xii 272 City Council & Directory of Officials*  City Council  Buenaflor Nicolas (District 3) Mayor  Mark Nagales (District 2) Vice Mayor  Mark Addiego (District 1) Councilmember  James Coleman (District 4) Councilmember  Eddie Flores (District 5) Councilmember  Elected Officials  Rosa Govea Acosta City Clerk  Frank Risso City Treasurer  Appointed Officials  Sharon Ranals City Manager  Richard Lee  Assistant City Manager  ChrisƟna Fernandez Deputy City Manager  Karen Chang Finance Director  ScoƩ Campbell Chief of Police  Tony Barrera InformaƟon Technology Director  Jacob Gilchrist Capital Projects Director  Nell Selander Deputy Economic & Community Development Director  Leah Lockhart Human Resources Director  Jess Magallanes Fire Chief  Eunejune Kim Public Works Director  Valerie Sommer Library Director  Greg MediaƟ Parks & RecreaƟon Director  Budget SubcommiƩee  Mark Addiego  Buenaflor Nicolas  *As of November 15, 2023 xiii 273 This Page Left Intentionally Blank 274 INDEPENDENT AUDITOR’S REPORT Honorable Members of the City Council City of South San Francisco, California Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of South San Francisco (City), California, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the Table of Contents. We did not audit the discretely presented component unit financial statements of the South San Francisco Conference Center Authority (Authority), which represents 0.61%, 0.79%, and 1.32%, respectively, of the assets, net position, and revenue of the primary government. Those financial statements were audited by other auditors, whose report thereon has been furnished to us and our opinion, insofar as it relates to the amounts included for the Authority, is based solely on the report of the other auditors. In our opinion, based on our audit and report of the other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City as of June 30, 2023, and the respective changes in financial position and, where applicable, cash flows thereof and the respective budgetary comparisons listed in the Table of Contents as part of the basic financial statements for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirement relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error. 1 275 In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: •Exercise professional judgment and maintain professional skepticism throughout the audit. •Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. •Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. •Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. •Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 276 Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management’s Discussion and Analysis and other Required Supplementary Information as listed in the Table of Contents be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The accompanying Supplementary Information, as listed in the Table of Contents, is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Supplementary Information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the Introductory Section and Statistical Section listed in the Table of Contents, but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 3 277 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 27, 2023, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Pleasant Hill, California December 27, 2023 4 278 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 The Management’s Discussion and Analysis (MD&A) provides an overview of City of South San Francisco’s financial activities and fiscal performance for the year ended June 30, 2023. Please read this in conjunction with the accompanying Transmittal Letter and Basic Financial Statements to obtain a complete picture of the City’s financial condition. FINANCIAL HIGHLIGHTS Total Net Position for Governmental activities in FY 2022-23 increased by $37.5 million, or 9.5%, from $396.8 million in the prior year, to $434.3 million. The increase in cash and investments of $46 million was mainly due to higher revenues received in the year with a reduction in receivables at the end of the year. The reduction in restricted cash and investments was due to drawing down from bond proceeds to fund capital projects, mainly Orange Memorial Parks and Civic Campus. The decrease in bond trustee account was offset by the capitalization of the Police Station at $53 million. The growth in assets of $28.1 million was offset by a $77.4 million increase in Net Pension Liability. Total Net Position for Business-Type activities in FY 2022-23 increased by $5 million, or 3.6%, from $137.9 million in the prior year, to $142.9 million. The growth in Net Position was mainly due to recognition of a $4 million loan forgiven stipulated in the State Water Resources Board loan agreement. City-wide Net Pension Liability to CalPERS for FY 2022-23 increased by $86.0 million, or 59.6%, from $144.4 million in the prior year to $230.4 million. This significant increase in liability was driven by revised actuarial assumption, lowered discount rates imposed by CalPERS, and coupling with weaker investment earnings. City-wide cash and investments at year end increased $53.3 million, or 20.1%, from $264.8 million in the prior year to $318.1 million. This reflects the underlying strength in the local economy as the City continued to recover from the pandemic and the strong real-estate market. Revenues from Governmental Activities (excluding transfers and special items) increased by $12.5 million, or 6.1%, to $216.4 million in FY 2022-23 from $203.9 million in the prior year. Revenues from Business-Type Activities (excluding transfers and special items) increased $1.8 million, or 5.35%, to $36.2 million in FY2022-23 from $34.4 million in the prior year. Expenses from Governmental Activities (excluding transfers and special items) increased by $36.8 million, or 27.32%, to $171.6 million in FY2022-23 from $134.8 million in the prior year due to a greater amount of interest paid on debt (due to additional bonds having been issued in the prior year). Expenses from Business-Type Activities increased by $4.7 million, or 16.4%, to $33.4 million compared to $28.7 million in the prior year. 5 279 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Property tax revenues categorized under Governmental Activities increased in FY 2022-23 by $7.7 million, or 19.3%, to $47.7 million from $40 million in the prior year. This was primarily due to the continued strong real estate market and also from receipt of a higher tax allocation from the Successor Agency. Transient Occupancy Tax (“TOT”) was the most dramatically impacted revenue category during the height of the pandemic due to the restrictions on travel and shelter-in-place orders. By the beginning of FY 2021-22, these had largely been removed allowing this revenue category to rebound significantly. TOT revenue had increased to $16.3 million, an increase of $4.2 million, or 34.7%, from $12.1 million in the prior year. Total TOT receipts have almost returned to pre-pandemic levels, but there is still some lag in business travel. Revenue from Property Taxes in Lieu, otherwise known as the California Vehicle Licensing Fee (VLF), had decreased to $8.8 million in FY 2022-23 from $12 million in the prior year, a decrease of $3.2 million or 26.7%. This is a volatile revenue source that is difficult to predict, and the decrease was partially due to a change in the ratio of basic aid to non-basic aid school districts in San Mateo County which affects the availability of VLF. Total program revenues from the City’s Enterprise Funds increased slightly by $0.7 million, or 2.0% to $35.9 million from $35.2 million in the prior year. This was largely due to the recovery of sewer services charge revenues resulting from the reopening of businesses and more workers returned to work. The City’s Parking Enterprise experienced a $0.07 million, or 6.9%, increase in revenues to $1.06 million in FY2022-23 compared to $0.99 million in the prior year due to a higher level of parking activities as consumers returned to the City following removal of pandemic-related restrictions. 6 280 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 OVERVIEW OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT This Annual Comprehensive Financial Report (ACFR) is in six parts: 1)The Introductory Section, which includes the Transmittal Letter and general information; 2) Management’s Discussion and Analysis; 3)The Basic Financial Statements, which include the Government-wide and the Fund Financial Statements, along with the notes accompanying these statements; 4)Required Supplementary Information and the accompanying notes; 5)Other Supplementary Information including combining statements for non-major governmental funds, internal service funds, custodial funds, and other budgetary information; and 6)The Statistical Section. Basic Financial Statements The Basic Financial Statements are comprised of the City-wide Financial Statements and the Fund Financial Statements. These two sets of financial statements provide two different views of the City’s financial activities and financial position. The City-wide Financial Statements provide a longer-term view of the City’s activities as a whole and consist of the Statement of Net Position and the Statement of Activities. The Statement of Net Position provides information about the financial position of the City as a whole, including all its capital assets and long-term liabilities on a full accrual basis, similar to the basis used by corporations. The Statement of Activities provides information about all the City’s revenues and all its expenses, also on the full accrual basis, with the emphasis on measuring net revenues or expenses of each of the City’s programs. The Statement of Activities provides a detailed explanation of the change in net position for the year. All the amounts in the Statement of Net Position and the Statement of Activities are separated into Governmental Activities and Business-type Activities in order to provide a summary of these two distinct activities of the City. The Fund Financial Statements report the City’s operations in more detail than the government- wide statements. The Governmental Fund Financial Statements focus primarily on the short-term activities of the City’s General Fund and other Major Funds and measure only current revenues, expenditures, and fund balances; they exclude capital assets, long-term debt, and other long-term amounts. The Proprietary Fund Financial Statements focus on the Business-Type “enterprises” of the City, i.e. activities that are accounted for in a similar way to private sector organizations using the full accrual basis, thereby including both short-term and long-term elements. 7 281 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Major Funds account for the major financial activities of the City and are presented individually, while the activities of non-Major funds are presented in summary, with subordinate schedules presenting the details for each of these other funds. The Fiduciary Fund Financial Statements provide financial information about the activities of Non-Obligated Assessment Districts, for which the City acts solely as agent. Note 1 to the Basic Financial Statements provides a summary of the City’s significant accounting policies, fund categories, and fund types. City-wide Financial Statements The Statement of Net Position and the Statement of Activities present information about the following: Governmental activities - All the City’s basic services are considered to be governmental activities, including General Government, Fire, Public Works, Parks and Recreation, Library, and Economic and Community Development. These services are supported by general City revenues such as taxes and by specific program revenues from grants, contributions, and fees. The City’s Governmental Activities also include the City of South San Francisco Capital Improvements Financing Authority and South San Francisco Public Facilities Financing Authority, as the City Council also governs these entities. Business-Type Activities - All the City’s enterprise activities are reported here, including Wastewater treatment (or Sewer), Parking, and Storm Water management. Unlike Governmental services, user fees fully support most of these services. Component Unit - The City of South San Francisco Conference Center Authority comprises the component unit. The Authority serves the City and other interests, and it has a governing body separate from the City Council. City-wide financial statements are prepared on the accrual basis, which means they measure the flow of all economic resources of the City as a whole and account for revenues when due and expenses when incurred. 8 282 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Fund Financial Statements The Fund Financial Statements provide detailed information about each of the City’s most significant funds, called Major Funds. Each Major Fund is presented individually, with all non- Major Funds summarized and presented only in a single column. Subordinate schedules present the details of these non-Major funds. Major Funds present the major activities of the City for the year and may change from year to year because of changes in the pattern of City activities. Fund Financial Statements include governmental, enterprise and internal service funds as discussed below. Governmental Fund Financial Statements are prepared on the modified accrual basis, which means they measure only current financial resources and uses. Capital assets and other long-lived assets, along with long-term liabilities, are not presented in the Governmental Fund Financial Statements. Enterprise and Internal Service Fund Financial Statements are prepared on the full accrual basis and include all their assets, liabilities, and deferred outflows/inflows of resources, current and long-term. Since the City’s Internal Service Funds provide goods and services only to the City’s governmental and business-type activities, their activities are reported only in total at the fund level. Internal Service Funds may not be Major Funds because their revenues are derived from other City funds. These revenues are eliminated in the city-wide financial statements and any related profits or losses are returned to the activities which created them, along with any residual net position of the Internal Service Funds. Comparisons of Budget and Actual financial information are required in the Basic Financial Statements only for the General Fund and other Major Funds that are Special Revenue Funds. Fiduciary Fund Financial Statements The City is the agent for certain assessment districts, holding amounts collected from property owners which await transfer to these Districts’ bond trustees. The City’s fiduciary activities are reported in the separate Statement of Fiduciary Net Position and the Statement of Changes in Fiduciary Net Position. These activities are excluded from the City’s other financial statements because the City cannot use these assets to finance its own operations. FINANCIAL ACTIVITIES OF THE CITY AS A WHOLE The following analyses focus on the net position and changes in the City’s Governmental Activities (Tables 1 through 3, and Chart 1) and Business-Type Activities (Tables 4 and 5), which are presented in the city-wide Statement of Net Position and Statement of Activities. The comparative results for FY 2022-23 are presented versus FY 2021-22. 9 283 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Governmental Activities Net position may serve over time as a useful indicator of the City’s financial condition. Table 1 below shows that total assets and deferred outflows of resources exceed the total liabilities and deferred inflows of resources as of June 30, 2023 for Governmental Activities: Governmental Net Position Table 1 Governmental Net Position as of June 30 (In Millions) Increase / (Decrease) 2023 2022 Amount % Cash and investments 285.8$    239.8$    46.0$      19.2% Other assets 117.0 201.9 (84.9) (42.1%) Capital assets 532.7 465.7 67.0 14.4%      Total assets 935.5 907.4 28.1 3.1% Total outflows of resources 64.6 28.8 35.8 124.3%      Total outflow of resources 64.6 28.8 35.8 124.3% Long‐term debt outstanding 219.0 223.8 (4.8) (2.1%) Other liabilities 331.4 253.4 78.0 30.8%      Total liabilities 550.4 477.2 73.2 15.3% Deferred inflows of resources 15.4 62.1 (46.7) (75.2%)      Total deferred  inflow of resources 15.4 62.1 (46.7) (75.2%) Net position:   Net investment in capital assets 390.8 384.8 6.0 1.6%   Restricted 130.1 139.0 (8.9) (6.4%)   Unrestricted (86.6)(127.0)40.4 (31.8%)      Total net position  434.3$    396.8$    37.5$      9.5% 10 284 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 As shown in table 1, the total net position for Governmental Activities increased by $37.5 million in FY 2022-23 compared to the prior year, reflecting significant increases in assets. Cash and investments increased by $46 million. Other assets, which includes receivables, properties held for redevelopment, and restricted cash and investments, decreased by $84.9 million due to reduction of the restricted cash, which represented the bond proceeds for capital assets such as the Civic Campus and Orange Memorial Park that were completed in October 2023. Capital assets increased by $67 million due to capitalization of new Police Station and other bond funded street projects. Pursuant to GASB 75 and GASB 68 requirements, respectively, the City, as in prior years, recognized the Net OPEB liability of $58.4 million and Net Pension Liability of $207.4 million attributable to Governmental Activities. 11 285 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 The following table shows the changes in net position for Governmental Activities: Table 2 Expense and Program Revenue Comparison in Governmental Activities (In Millions) Increase / (Decrease) 2023 2022 Amount % Revenues Program revenues:   Charges for services 53.4$      66.7$      (13.3)$     (19.9%)   Operating grants and contributions 12.9  10.9        2.0 18.3%   Capital grants and contributions 2.0     3.3           (1.3) (39.4%)      Total program revenues 68.3$      80.9$      (12.6)$     (15.6%) General revenues:   Taxes:     Property taxes 47.7$      40.0$      7.7$        19.3%     Sales taxes 37.7 38.1 (0.4) (1.0%)     Transient occupancy taxes 16.3 12.1 4.2 34.7%     Other taxes 13.4 11.5 1.9 16.5%   Property taxes in lieu 8.8 12.0 (3.2) (26.7%)   Investment earnings 5.1 (6.7) 11.8 (176.1%)   Miscellaneous 19.1 16.0 3.1 19.4%      Total general revenues 148.1$    123.0$    25.1$      20.4%        Total revenues 216.4$    203.9$    12.5$      6.1% Expenses   General government 25.0$      20.8$      4.2$        20.2%   Fire department 36.9 28.5 8.4 29.5%   Police department 37.9 35.7 2.2 6.2%   Public  Works 21.9 7.5 14.4 192.0%   Parks and Recreation 23.5 19.5 4.0 20.5%   Library 6.6 6.1 0.5 8.2%   Economic and Community Development 12.9 12.0 0.9 7.5%   Interest on long‐term debt 6.9 4.7 2.2 46.8%        Total expenses 171.6$    134.8$    36.8$      27.3% Excess / (deficiency) before transfers 44.8$      69.1$      (24.3)$     (35.2%) Special Item (5.2) (3.0) (2.2) 73.3% Transfers (2.1) (1.4) (0.7) 50.0% Change in  net position 37.5 64.7 (27.2) (42.0%) Net position ‐ beginning 396.8 332.1 64.7 19.5% Net position ‐ ending 434.3$    396.8$    37.5$      9.5% 12 286 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 As shown in table 2, total Governmental revenues (excluding transfers and special items) increased by $12.5 million, or 6.1%, compared to the prior year. The increase was due to higher investment earnings. However, the increase was offset by a decrease in Charges for services largely resulting from significant reduction in impact fees collected during this fiscal year. These are fees paid by developers on new development projects within the City and revenue levels can vary depending on the timing of such projects. On the other hand, the Charges for Services from facility rentals, and childcare and aquatic programs offered by the City during the year were higher due to the City’s recovery from the COVID-19 pandemic. The recovery also gave rise to a $4.2 million increase in TOT as travel restrictions were removed, hotel occupancy rates increased, and consumer spending patterns normalized. There was also an increase in the property tax primarily due to a continued strong real estate market and also from receipt of a higher tax allocation from the Successor Agency. However, a decrease in revenue was also seen in Property taxes in lieu ($3.2 million), otherwise known as the California Vehicle Licensing Fee (VLF) due to a change in the ratio of basic aid to non-basic aid school districts in San Mateo County which affects the availability of VLF. Investment earnings rose by $11.8 million to 5.1 million, compared to the prior year, due to a continued rising in interest rates. The annual mark-to-market adjustment required by Governmental Accounting Standards Board (GASB) accounting standard #31 results in the recognition of this temporary change in value of the City’s investments. 13 287 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Chart 1 shows the distribution of revenues from Governmental Activities by category. Chart 1 Revenues by Source - Governmental Activities FY 2022-23 Governmental program expenses increased by $36.8 million, or 27.3%, in comparison to the prior year. Increases were seen in almost all the departments partially due to higher salary and benefit costs as positions were unfrozen during the year but also due to increased spending on operational supplies in response to expanded public services provided as the City continued to recover from the pandemic. Interest on long-term debt increased to $6.9 million, from $4.7 million in the prior year, due to repayments that began on the 2022A bonds which were issued to pay for construction of the Aquatic Center. 14 288 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Table 3 illustrates the difference between program revenues and program expenses. Program revenues consist of capital and operating grants and contributions, and fees for services. General City revenues, such as property taxes, sales taxes, transient occupancy taxes, licenses and permits, and investment earnings, cover the shortfall between program revenues and program expenses. Table 3 Net (Expense) / Revenue from Services Governmental Activities (In Millions) In FY 2022-23, the net expense for governmental activities increased by $49.4 million from $53.9 million to $103.3 million, due to a $36.8 million increase in Governmental program expenses, as previously discussed, and a $12.6 million decrease in program revenues primarily in charges for services which included reduction in developer impact fees. Increase / (Decrease) 2023 2022 Amount % General government (12.9)$     (11.2)$     (1.7)$       15.2% Fire department (27.6) (20.7) (6.9) 33.3% Police department (34.7) (32.0) (2.7) 8.4% Public  works department (3.1) 17.3 (20.4) (117.9%) Recreation and community services (19.1) (15.9) (3.2) 20.1% Library (5.7) (4.4) (1.3) 29.5% Economic and community development 6.7 17.7 (11.0) (62.1%) Interest on long‐term debt (6.9) (4.7) (2.2) 46.8% Total (103.3)$   (53.9)$     (49.4)$     91.7% 15 289 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Business-Type Activities Table 4 shows that total assets and deferred outflows of resources exceed the total liabilities and deferred inflows of resources as of June 30, 2023 for Business-Type Activities: Table 4 Business-type Net Position at June 30 (in Millions) The total net position for Business-Type Activities increased by $5 million, or 3.6%, compared to the prior year. Total assets increased slightly by $1.8 million, or 0.8%, reflecting decreases of capital assets related primarily to regular depreciation. This was offset somewhat by higher cash balances due to an additional $6.6 million loan drawdown from State Water Resources Board loan and a lower receivables balance. Total liabilities, on the other hand, increased by $5.8 million due to a higher accounts payable balance at year end and a $5.1 million higher net pension liability due to substantial investment losses during the measurement period. Increase / (Decrease) 2023 2022 Amount % Cash and Investments 32.3$      25.0$     7.3$      29.2% Other assets 3.2 5.1 (1.9) (37.3%) Capital assets 192.8 196.4 (3.6) (1.8%)  Total  assets 228.3 226.5 1.8 0.8% Deferred outflows related to pension/OPEB 7.1 3.2 3.9 121.9%  Total  Deferred outflows of resources 7.1 3.2 3.9 121.9% Long‐term liabilities outstanding 55.7 57.5 (1.8) (3.1%) Other liabilities 36.7 29.1 7.6 26.1%  Total  liabilities 92.4 86.6 5.8 6.7% Deferred inflows related to pension/OPEB 0.2 5.3 (5.1) (96.2%)  Total  deferred inflows of resources 0.2 5.3 (5.1) (96.2%) Net position: Net investment in capital  assets 132.8 133.6 (0.8) (0.6%) Restricted 0.0 0.0 0.0 0.0% Unrestricted 10.1 4.3 5.8 100.0%  Total  net position 142.9$    137.9$    5.0$      3.6% 16 290 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Similar to Governmental Activities and pursuant to GASB 75 and GASB 68 requirements, respectively, the City, as in prior years, recognized the Net OPEB liability of $6.5 million and Net Pension Liability of $23 million attributable to Business-Type Activities. Table 5 below shows the changes in net position for Business-Type Activities: Table 5 Change in Business-Type Activities Net Position (In Millions) Expenses from Business-Type Activities in FY2022-23 increased by $4.7 million to $33.4 million while total revenues (program and general revenues combined) increased slightly, by $0.7 million to $35.9 million. The total change in net position was an increase of $5 million after transfers compared to the $7.1 million increase in net position in the prior year. Despite revenues remaining stable in FY2022-23 and positive investment earnings, control of expenses and reduced transfers out to other funds helped to ensure an increase in net position, albeit a lower increase than in the prior year. Increase / (Decrease) 2023 2022 Amount % Expenses Sewer Enterprise 30.6$      26.2$     4.4$      16.8% Parking District 1.3 1.2 0.1 8.3% Storm Water 1.5 1.3 0.2 15.4% Total  expenses 33.4 28.7 4.7 16.4% Revenues Program Revenues Charges for Services 25.4 24.2 1.2 5.0% Operating and Capital  grants and contributions 10.5 11.0 (0.5) (4.5%) Total  program revenues 35.9 35.2 0.7 2.0% General  revenues Investment earnings 0.3 (0.8) 1.1 (137.5%) Total  general  revenues 0.3 (0.8) 1.1 (137.5%) Excess  (deficiency) before transfers 2.8 5.7 (2.9) (50.9%) Transfers 2.2 1.4 0.8 57.1% Change  in net position 5.0 7.1 (2.1) (29.6%) Net position ‐ beginning 137.9 130.8 7.1 5.4% Net position ‐ ending 142.9$    137.9$    5.0$      3.6% 17 291 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 FINANCIAL ANALYSIS OF THE CITY’S FUNDS Governmental Funds Governmental funds highlight the City’s near-term inflows, outflows, and balances of spendable resources. Such information can be helpful in determining the City’s financial condition. Unrestricted fund balance is a major indicator of designated and uncommitted resources available for spending in future fiscal years. At June 30, 2023, the City’s Governmental Funds reported combined fund balances of $312.0 million, a decrease of $31.6 million, or 9.21%, compared to the prior year. This was primarily due to near completion of the bond funded capital improvement projects such as Civic Campus, Orange Memorial Park and Street Projects. The General Fund ending fund balance, which includes Measure W, was $88.6 million, reflecting an increase of $12 million, or 15.5%, over the prior year primarily due to stronger revenues in most major revenue categories but also due to expenditures being rolled over to next year. Total Governmental Fund revenues (excluding transfers and special items) increased by $12.9 million, or 6.4%, from $201.8 million to $214.7 million, with increases in all categories except sales tax and property taxes in lieu. City saw a steady increase of property taxes due to strong real estate market, and investment earnings due to continue climbing interest rates and transient occupancy taxes rebound from lifting of the travel restriction. Total Governmental Fund expenditures (excluding transfers and special items) decreased by $3.0 million, or 1.3%, from $236.3 million in the prior year to $233.3 million in FY 2022-23. Most departments saw increases in expenditures as public services expanded during the year as the recovery from the pandemic continued, higher costs of materials and supplies due to high inflation. Personnel costs remained high as a result of annual salary adjustment and increase in headcounts. Debt service increased by $3.2 million due to principal and interest repayment beginning for the 2022A bond issuance. Comparison of General Fund Final Budgets to Original Adopted Budget The budget is initially adopted by the City Council in June, based on revenue projections that are up to date through May. Between May and the end of the fiscal year, there can be major fluctuations in revenues depending on the economy and/or actions by the State of California. There can also be significant changes to departmental expenditure budgets to the extent unforeseen expenditures occur. In the Fund Financial Statements, the page titled “Statement of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual” later in this document shows the initial adopted and final budgets for the General Fund (including Measure W). Changes between the adopted and final budgets are shown and explained in Table 6: 18 292 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Comparison of General Fund (excluding transfers) Final Budgets to Original Adopted Budget (in Thousands) Table 6 Original Final Pct Discussion: Revenues Budget Budget Change Change (Items of more than 5% and $100,000 variance) Property taxes 43,805$ 45,805$ 2,000$ 4.6% Sales taxes 34,791 36,191 1,400 4.0% Transient occupancy taxes 11,161 14,161 3,000 26.9% This revenue stream, most impacted by the pandemic imposed travel restrictions, has demonstrated strong recovery, which led to a $3M upward budget revision during mid-year budget cycle. Other taxes 4,893 5,693 800 16.3% Other taxes includes real property transfer tax, business license and commercial parking tax. Revenue streams from new business startups and traffic to the City continues to strengthen, which led to increase in upward budget revision Franchise Fee 4,600 4,600 - Intergovernmental 2,845 4,337 1,492 52.4% Reflects multiple federal, state and local grants applied for during the year, adjustments for Dept of Toxic Substance Control grant, grants to enhance Fire Department security, the Economic Advancement Center and various other projects. Interest and rentals 5,453 5,453 - Licenses and permits 15,500 19,425 3,925 25.3% Revenue from building and electric has demonstrated significant rebound from pandemic, which led to upward budget adjustment during mid-year. Charges for services 8,799 8,265 (534) -6.1% A decrease in projections for Planning division had led to a decision to revise the budget downwards during the mid-year review Fines and forfeitures 711 711 - Other 259 279 20 7.7%The increase was due to receiving support from San Mateo County for City's Promotores Program Total 132,817$ 144,920$ 12,103$ 9.1% Original Final Pct Discussion: Expenditures Budget Budget Change Change (Items of more than 5% and $100,000 variance) City Council 259$ 260$ 1$ 0.4% City Clerk 1,143 1,154 11 1.0% City Treasurer 167 168 1 0.6% City Attorney 940 940 - City Manager 4,927 5,736 809 16.4%Increase due to receipt of DTSC grant and purchase order roll over. Finance 3,893 4,405 512 13.2% Accounts for various purchase orders carried over from the previous FY, e.g. ERP replacement project and other consultant services. Non-Departmental 1,544 2,153 609 39.4% Increase due to contributing additional Pension UAL payment Human Resources 2,518 2,684 166 6.6% Roll over of purchase orders related to summer youth program Economic and Community Development 8,908 15,610 6,702 75.2% Roll over of purchase orders from the previous year for plan review and building inspection services, General Plan update and work related to the Economic Advancement Center and Lindenville PDA Fire 31,313 33,425 2,112 6.7%Increase due to funding for Fire boat purchase, Incentive Pay and increase in GEMT IGT Program Police 32,958 34,511 1,553 4.7% Public Works 7,121 8,604 1,483 20.8%Increase was due to approval of purchase for Mini Street Sweeper and additional consultant costs Library 6,706 7,274 568 8.5%Adjustments for appropriations of multiple state and local grants received for Library programs Parks and Recreation 19,608 22,873 3,265 16.7% Adjustments for appropriations of various projects such as ballfield restrooms repairs, tennis courts repavement, Orange Memorial Park Basketball court maintenance, Telia Senior Center repair. Total 122,005$ 139,797$ 17,792$ 14.6% 19 293 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Analysis of Major Governmental Funds General Fund In FY 2022-23, total General Fund revenues, excluding transfers in, were $162.1 million which was $18.1 million, or 12.6% higher than the final amended budget. Total General Fund expenditures, excluding transfers out and including encumbrances, ended FY 2022-23 at $133.9 million which was $5.5 million, or 4.1%, lower than the final budget due to carryover of a significant number of purchase orders. As of June 30, 2023, the General Fund total fund balance was $88.6 million, $16.8 million of which was attributable to Measure W. Of the remaining fund balance, $29.3 million was held in reserve in accordance with city policy which is aligned with the Governmental Finance Officers Association (GFOA) recommended reserve practice of between 15-20 percent of General Fund operating revenue. The remaining $42.5 million was held in designation/reserve accounts for various purposes including unassigned fund balance (available for operational use), encumbrances (committed expenditure items), capital projects and land held for development. Revenues. Property tax collections in FY 2022-23 were $54 million, which was $8.2 million or 17.9% over final budget. primarily due to the continued strong real estate market and also from receipt of a higher tax allocation from Successor Agency. Sales tax revenue, including Measure W, was $37.3 million, which was $1.1 million or 3% over final budget, reflecting steady consumer spending with high inflation price. Transient occupancy taxes totaled $16.4 million for the year, which was $3.6 million, or 15.5%, over the final budget. This category was budgeted conservatively due to the expected lingering impacts of the pandemic on the hospitality industry seen in the prior year. However, travel rebounded quickly leading to high hotel occupancy rates and considerably higher final collections than budget. By way of contrast, pre-pandemic TOT levels were approximately $17 million (FY2018-19). Intergovernmental revenues were $3.6 million which was $0.8 million, or 18.6%, lower than final budget mainly due to the timing of receipt of various grants, many of which are on a reimbursement basis so it depends on progress of projects during the year. Licenses and permits revenues were $20.5 million, which was $1 million, or 5% higher than the final budget. This category can be very difficult to budget since receipts depend on the timing of development projects within the City. Charges for services were $11.7 million, which was $3 million or 34.78% above budget. This category was revised downward during the mid-year review due to lower-than-expected receipts at the time for classes, rentals and child care but the year ended much stronger than expected and exceeded the original budget. 20 294 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Measure W revenue increased slightly from $15.4 million in FY2021-22 to $15.6 million in FY 2022-23 and exceeded budget by $1.9 million primarily due to the City’s prudent budget approach to the volatile revenue category. Expenditures. Higher than expected expenditures in the Fire department are primarily payroll- related, particularly in overtime due to regular staff working additional hours to cover unfilled vacancies. To a lesser extent, the Police department also saw payroll-related expenditures exceed budget, but this was partially offset by underspends in supplies and services. The Non- Departmental category was over budget due to a one-time extra contribution to pension obligation fund. These overspends were offset by savings in other departments, including Finance, Library and Economic and Community Development. Compared to the prior year, General Fund expenditures, excluding transfers and including encumbrances, increased from $129.2 million to $142.3 million. This was driven by the recovery from the pandemic and the commensurate return to a more normal level of services to residents which led to more staffing and operational expenditures. Versus the final budget, the General Fund ended the year with a $1.7 million unfavorable variance. American Rescue Plan Act Fund In response to the COVID-19 pandemic, the federal government passed the American Rescue Plan Act (ARPA) in March 2021 which included financial aid to be provided to cities. The City of South San Francisco was awarded $12.3 million in ARPA funds, received in two equal tranches in June 2021 and June 2022. During FY 2022-23, $2 million was transferred to the General Fund to replace revenues lost as a direct result of pandemic impacts. ARPA funds are held as unearned revenue on the balance sheet, netting off against the cash balance, and recognized as revenue as project expenditures are incurred. This results in a zero-fund balance at year end. Capital Improvement Funds The City consolidates and reports its governmental fund-type capital project expenditures in these funds. Resources consist of transfers from the General Fund, Major and non-Major funds, developer impact fees, and gasoline taxes and transportation sales taxes from non-Major governmental funds. Resources also come from federal, state, and local grants, contributions from other cities, utilities and private developers. From time to time and when financially feasible and prudent to do so, the City issues bonds which generate proceeds for large-scale public facility projects. The Capital Improvement Fund consists of 1) regular capital projects 2) Bond funded Street Projects ($12.4 million) and 3) Bond funded Solar Projects ($4 million). The decrease in fund balance for this fund was mainly due to draw down from bond proceeds to fund the streets projects. 21 295 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 The reduction in fund balance of $35 million and $12 million for the Capital Improvement for Civic Campus and Orange Memorial Park, respectively, also resulted from significant drawdowns from the bond proceeds for these projects. Civic Campus and Orange Ballfield were both opened in the fall of 2023. Entire capital projects are appropriated in one-year, but expended over multiple years, with unspent appropriations carried forward year-to-year until completion. In FY 2022-23, combined ending fund balance for Capital Improvement Funds was $86.6 million which decreased $63.2 million from the combined ending fund balance of $149.7 million in the prior year. As mentioned above, the decrease was due to the spending down of previous bond proceeds as the new Police Station was completed during the year, the Civic Center Campus and the Capital Improvement Orange Memorial Park Projects were completed in the fall of 2023. Other Governmental Funds Presented as a group in the Basic Financial Statements, these funds are individually presented as Supplementary Information. It’s worth noting that impact fee funds, presented as non-major funds, received considerable developer payments during the year owing to the high level of development activity in the City. This includes $7.4 million in Commercial Linkage Impact Fees which will be used to provide affordable housing and to support the City’s adopted 2015-2023 Housing Element, and $6.6 million in Oyster Point Development Impact Fees to be used for interchange projects in the Oyster Point area. Also worth noting is that the city received $9 million as a Community Benefit for building the New Fire Station. Enterprise Funds Sewer Enterprise Fund The Sewer Enterprise fund reported operating revenue (before non-operating revenues and operating transfers) of $30.1 million in FY2022-23, an increase of $1.7 million, or 6.0%, from $28.4 million in the prior year. This increase in revenue is more water usage and therefore larger sewer effluent volumes on which service charges are based. In addition, the revenue increase was due to Other Cities increase in participation of Operating and Maintenance Cost sharing. Operating expenses increased $2.1million, or 8.0%, from $ 25.8 million to $27.9 million, due to higher payroll-related expenses. 22 296 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 Parking District Fund In FY 2023, the Parking District fund reported an operating loss (before non-operating revenues and operating transfers) of $0.2 million which was similar to the loss in the prior year of $0.2 million. Operating revenues increased by $0.7 million, or 7.0%, from $1.0 million to $1.1 million, primarily due to increased usage of parking meters as businesses opened up as the City continued to recover from the pandemic and shoppers returned in their cars to the downtown area. Operating expenses increased by $0.1 million, or 9%, from $1.2 million to $1.3 million due to higher program supplies. Storm Water Fund The Storm Water Fund is used to account for resources needed to fund storm drain and storm infrastructure operations, maintenance, capital replacement, and compliance with various federal and state regulations regarding storm water runoff. Revenues totaled $0.4 million, which is flat compared to the prior year, primarily from a levy on property owners. Transfers in from other funds totaled $2.5 million - $0.3 million from the General Fund, $0.7 million from non-Major Governmental Funds, and $1.5 million from the Infrastructure Reserve Fund. Operating expenses in this fund totaled $1.5 million, an increase of $0.2 million, or 12.0%, from $1.3 million in the prior year, primarily due to higher payroll-related expenditures. Net position increased $1.7 million from $16.8 million to $18.6 million, largely due to transfers in. CAPITAL ASSETS Generally accepted accounting principles require the City to add infrastructure to its reportable capital assets. Infrastructure includes streets, drainage systems, and traffic control and safety devices. The City has successfully reported on the depreciated value of all such assets acquired or built since 1980. The City reports the depreciated book value of other types of capital assets such as buildings, land, equipment and furniture, on the City-wide Statement of Net Position. Such information is summarized below and is more completely detailed in Note 3 to the Basic Financial Statements. The City depreciates all of its capital assets, except land and construction in progress. 23 297 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 At June 30, 2023, the City had $725.5 million in capital assets (as shown in table 7 below), net of depreciation, representing a substantial increase of $63.4 million from the prior year, driven primarily by in-progress construction projects such as the new Civic Center Campus and the completion of the new Police Station. The City’s various capital asset types used in Governmental and Business-Type Activities, are illustrated in Table 7: Table 7 Capital Assets (in Millions) at June 30 Increase / (Decrease) 2023 2022 Amount % Governmental Activities: Land 72.2$      72.2$       ‐$        0.0% Buildings and improvements 150.6 97.4 53.2 54.6% Equipment and vehicles 25.9 24.8 1.1 4.4% Furniture and fixtures 2.6 2.6 0.0 0.0% Infrastructure ‐ streets 208.3 205.6 2.7 1.3% Infrastructure ‐ traffic control devices 12.6 12.6 0.0 0.0% Infrastructure ‐ storm drains 8.9 8.9 0.0 0.0% Construction in progress 260.9 241.9 19.0 7.9%   Less accumulated depreciation (209.3) (200.3) (9.0) 4.5%      Totals 532.7$    465.7$    67.0$      14.4% Business‐Type Activities Land 0.8$        0.8$         ‐$        0.0% Buildings and improvements 80.1 80.1 0.0 0.0% Clean water facilities and transmission line 79.9 79.9 0.0 0.0% Infrastructure ‐ storm drains 6.2 6.2 0.0 0.0% Infrastructure ‐ streets 7.4 7.4 0.0 0.0% Equipment and vehicles 18.5 18.5 0.0 0.0% Construction in progress 86.2 84.0 2.2 2.6%   Less accumulated depreciation (86.3) (80.5) (5.8) 7.2%      Totals 192.8$    196.4$    (3.6)$       (1.8%) Total City 725.5$    662.1$    63.4$      9.6% 24 298 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 DEBT ADMINISTRATION Each of the City’s debt issuances is discussed in detail in Note 5 to the Basic Financial Statements. A summary of the City’s outstanding debt for the past two fiscal years is shown in table 8 (excluding unamortized bond premiums): Table 8 Outstanding Debt (In Millions) at June 30 In June 2022, the City of South San Francisco Public Facilities Financing Authority issued $65.4 million in lease revenue bonds, Series 2022A, for the construction of the new Aquatic Center and ballfields, and the replacement of the playground and two bridges over Colma Creek at Orange Memorial Park. The City received a total of $72.1 million in proceeds from this issuance, of which $49 million, $12.3 million, $2.2 million and $1.5 million was allocated to the four projects respectively, and $7.1 million reserved for capitalized interest and fees. The decrease of $2.7 million in Business-Type Activities outstanding debt stems from the drawdown of an additional $6.6 million State Water Resources Board loan and the retirement of $5.3 million during FY 2022-23. There was also a forgiveness of $4 million in State Water Resources Board Loan. The largest remaining debt obligations are as follows: -2004, 2008, 2018 State Water Resources Control Board Loans – Original debt: $83,826,034; 1.8% to 2.5% interest rate; due 4/30/26, 7/15/28, 10/3/42. These loans were used to improve and expand the City’s Water Quality Control Plant (WQCP). Loan proceeds were issued as projects progressed. Debt service payment commenced one year after project completion. WQCP user fees support the debt service payments. Because of the regional benefits and equity interest in these projects, the City of San Bruno shares in the loan repayments for the two of the three current loans. Increase / (Decrease) Governmental Activities 2023 2022 Amount % Lease Revenue Bonds 188.4$    191.6$    (3.2)$       100.0% Plus: Unamortized Bond Premium 31.8 33.2 (1.4) 100.0% Loan payable to Successor Agency 2.1 2.2 (0.1) (4.5%) Capital leases 0.0 0.1 (0.1) (100.0%) Total Governmental Activities Outstanding Debt 222.3$    227.1$    (4.8)$       (2.1%) Business‐type Activities State Water Resources Board loans 58.4$      60.8$      (2.4)$       (3.9%) 2005 Sewer Bonds 1.6 2.0 (0.4) (20.0%) Total Business‐type Activities Outstanding Debt 60.0$      62.8$      (2.8)$       (4.5%) 25 299 CITY OF SOUTH SAN FRANCISCO MANAGEMENT’S DISCUSSION AND ANALYSIS For Fiscal Year Ended June 30, 2023 -2020A Lease Revenue Bonds - Original debt: $43,905,000; premium received: $10,242,530; 4 - 5% interest rate; due June 1, 2046. The bonds were used for Phase I of the Civic Center Campus project consisting of the planning and construction of a new Police Station and Dispatch Center for the City of South San Francisco. Measure W sales tax revenue will fund the repayments. -2021A Lease Revenue Bonds - Original debt: $86,410,000; premium received: $18,116,565; 4% interest rate; due June 1, 2046. $78,000,000 of the bond proceeds are to be used for Phase II of the Civic Center Campus project consisting of the design and construction of the new library, parks and recreation center, council chambers and landscaping of the immediate surrounding area. $24,000,000 will be used for road pavement rehabilitation throughout the City, and $2,000,000 will be used for solar roof installation at the City's Corporation Yard. Measure W sales tax revenue will fund the repayments. -2022A Lease Revenue Bonds - Original debt: $65,420,000; premium received: $6,686,317; 4-5.25% interest rate; due June 1, 2046. $49,000,000 of the bond proceeds are to be used for construction of the new Aquatic Center. $12.3 million will be used for construction of new ballfields. $2.2 million will be used for replacement of the playground at Orange Memorial Park. $1.5 million will be used for the replacement of two bridges over Colma Creek at Orange Memorial Park. Measure W sales tax revenue will fund the repayments. ECONOMIC OUTLOOK AND MAJOR ACCOMPLISHMENTS The economic outlook and major accomplishments of the City are discussed in the accompanying Transmittal Letter. CONTACTING THE CITY’S FINANCIAL MANAGEMENT This Annual Comprehensive Financial Report is intended to provide readers with a general overview of the City’s finances. Questions about this report or requests for additional financial information should be addressed to the City of South San Francisco, Finance Department, P.O. Box 711, South San Francisco, CA 94083. 26 300 CITY OF SOUTH SAN FRANCISCO STATEMENT OF NET POSITION AND STATEMENT OF ACTIVITIES The Statement of Net Position and the Statement of Activities summarize the entire City’s financial activities and financial position. The Statement of Net Position reports the excess of the City’s total assets and deferred outflows of resources over the City’s total liabilities and deferred inflows of resources, including all the City’s capital assets and all its long-term debt. The Statement of Net Position focuses the reader on the composition of the City’s net position, by subtracting total liabilities and deferred inflows of resources from total assets and deferred outflows of resources. The Statement of Net Position summarizes the financial position of all the City’s Governmental Activities in a single column, and the financial position of all the City’s Business-Type Activities in a single column; these columns are followed by a total column which presents the financial position of the entire City. The City’s Governmental Activities include the activities of its General Fund, along with all its Special Revenue, Capital Projects and Debt Service Funds. Since the City’s Internal Service Funds service these Funds, their activities are consolidated with Governmental Activities, after eliminating inter-fund transactions and balances. The City’s Business Type Activities include all its Enterprise Fund activities. The Statement of Activities reports increases and decreases in the City’s net position. It is also prepared on the full accrual basis, which means it includes all the City’s revenues and all its expenses, regardless of when cash changes hands. This differs from the “modified accrual” basis used in the Fund financial statements, which reflect only current assets, current liabilities, available revenues and measurable expenditures. The Statement of Activities presents the City’s expenses first, listed by program, and follow these with the expenses of its business-type activities. Program revenues—that is, revenues which are generated directly by these programs—are then deducted from program expenses to arrive at the net expense of each governmental and business-type program. The City’s general revenues are then listed in the Governmental Activities or Business-type Activities column, as appropriate, and the Change in Net Position is computed and reconciled with the Statement of Net Position. Both these Statements include the financial activities of the City, the City of South San Francisco Capital Improvements Financing Authority, the Parking Authority of the City of South San Francisco and the City of South San Francisco Public Facilities Financing Authority that are legally separate but are component units of the City because they are controlled by the City, which is financially accountable for the activities. Data for the South San Francisco Conference Center Authority is reflected as a discretely presented component unit of the City. This data is presented separately from other funds of the City to reflect operations under control of a governing body with a voting majority which is different from the City Council. 27 301 This Page Left Intentionally Blank 302 Component Unit Primary Government South San Francisco Governmental Business-Type Conference Activities Activities Total Center ASSETS Cash and investments (Note 2) $285,835,659 $32,286,454 $318,122,113 $3,882,598 Receivables: Accounts 17,519,645 2,878,072 20,397,717 354,694 Accrued interest 1,378,841 134,495 1,513,336 Loans 1,192,998 1,192,998 Due from Conference Center 56,072 56,072 Leases (Note 10)13,940,969 13,940,969 Deposits 309,790 309,790 38,504 Inventory 574 574 Prepaid items 1,358,284 1,358,284 Restricted cash and investments (Note 2)78,368,796 192,775 78,561,571 Properties held for redevelopment (Note 1O)2,823,118 2,823,118 Capital assets (Note 3): Nondepreciable 333,152,532 86,985,388 420,137,920 Depreciable, net accumulated depreciation 199,550,902 105,837,920 305,388,822 2,818,855 Total Assets 935,488,180 228,315,104 1,163,803,284 7,094,651 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 7)57,019,161 6,267,907 63,287,068 Related to OPEB (Note 9)7,615,537 846,171 8,461,708 Total Deferred Outflows of Resources 64,634,698 7,114,078 71,748,776 LIABILITIES Accounts payable 12,796,196 753,939 13,550,135 270,580 Accrued salaries and benefits 2,697,253 2,697,253 74,573 Accrued interest payable 683,778 764,499 1,448,277 Other payables 9,417,825 244,732 9,662,557 Deposits payable 3,975,795 7,500 3,983,295 311,700 Unearned revenue 6,328,095 48,942 6,377,037 Accrued insurance losses (Note 12): Due within one year 3,381,062 3,381,062 Due in more than one year 13,903,000 13,903,000 Compensated absences obligation (Note 1M): Due within one year 6,059,221 656,200 6,715,421 Due in more than one year 3,084,074 281,449 3,365,523 Debt and lease financing obligations (Note 5): Due within one year 3,320,000 4,368,201 7,688,201 Due in more than one year 218,955,229 55,698,877 274,654,106 Lease liability (Note 10): Due within one year 359,990 Due in more than one year 1,699,888 Net pension liability - due in more than one year (Note 7) 207,355,558 23,039,506 230,395,064 Net OPEB Liability - due in more than one year (Note 9) 58,421,069 6,491,230 64,912,299 Total Liabilities 550,378,155 92,355,075 642,733,230 2,716,731 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 7) 937,798 104,200 1,041,998 Related to OPEB (Note 9) 1,035,207 115,023 1,150,230 Related to leases (Note 10) 13,436,558 13,436,558 Total Deferred Inflows of Resources 15,409,563 219,223 15,628,786 NET POSITION (Note 6) Net investment in capital assets 390,845,692 132,756,230 523,601,922 758,977 Restricted for: Debt service Special revenue projects 53,688,315 53,688,315 Capital projects 73,613,451 73,613,451 Redevelopment and community development activities 2,823,118 2,823,118 Total Restricted Net Position 130,124,884 130,124,884 Unrestricted (86,635,416) 10,098,654 (76,536,762) 3,618,943 Total Net Position $434,335,160 $142,854,884 $577,190,044 $4,377,920 See accompanying notes to financial statements CITY OF SOUTH SAN FRANCISCO STATEMENT OF NET POSITION JUNE 30, 2023 29 303 Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary Government Governmental Activities: General Government $24,977,978 $9,249,087 $2,830,103 Fire 36,852,200 9,231,756 19,969 Police 37,885,983 2,299,209 904,914 Public Works 21,880,934 9,071,365 7,901,412 $1,772,530 Parks and Recreation 23,539,372 3,927,532 553,268 Library 6,639,706 60,300 584,404 258,821 Economic and Community Development 12,923,609 19,532,657 125,590 Interest on long term debt 6,891,224 Total Governmental Activities 171,591,006 53,371,906 12,919,660 2,031,351 Business-type Activities Sewer 30,654,615 23,891,045 6,237,114 4,000,000 Parking District 1,272,157 1,062,751 Storm Water 1,460,610 418,583 276,151 Total Business-type Activities 33,387,382 25,372,379 6,237,114 4,276,151 Total Primary Government $204,978,388 $78,744,285 $19,156,774 $6,307,502 Component Unit Conference Center $3,385,350 $1,324,059 General revenues: Taxes: Property taxes Sales taxes Transient occupancy taxes Franchise Fees Other taxes Motor vehicle in lieu, unrestricted Property taxes in lieu of vehicle license fees Investment earnings Gain on sale of capital assets Miscellaneous Special Item: Remittance of land sale proceeds to taxing entities Transfers (Note 4) Total general revenues, special item and transfers Change in Net Position Net Position - Beginning Net Position - Ending See accompanying notes to financial statements CITY OF SOUTH SAN FRANCISCO STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2023 Program Revenues 30 304 Component Unit South San Francisco Governmental Business-Type Conference Activities Activities Total Center ($12,898,788)($12,898,788) (27,600,475)(27,600,475) (34,681,860)(34,681,860) (3,135,627)(3,135,627) (19,058,572)(19,058,572) (5,736,181)(5,736,181) 6,734,638 6,734,638 (6,891,224)(6,891,224) (103,268,089)(103,268,089) $3,473,544 3,473,544 (209,406)(209,406) (765,876)(765,876) 2,498,262 2,498,262 (103,268,089)2,498,262 (100,769,827) ($2,061,291) 47,680,587 47,680,587 37,722,042 37,722,042 16,357,104 16,357,104 1,936,096 5,240,637 5,240,637 8,059,817 8,059,817 67,937 67,937 8,760,770 8,760,770 5,104,060 291,068 5,395,128 79,389 1,807,446 1,807,446 17,335,302 17,335,302 (5,173,366)(5,173,366) (2,195,337)2,195,337 140,766,999 2,486,405 143,253,404 2,015,485 37,498,910 4,984,667 42,483,577 (45,806) 396,836,250 137,870,217 534,706,467 4,423,726 $434,335,160 $142,854,884 $577,190,044 $4,377,920 Primary Government Net (Expenses) Revenues and Changes in Net Position 31 305 This Page Left Intentionally Blank 306 FUND FINANCIAL STATEMENTS Major funds are defined generally as having significant activities or balances in the current year. The funds described below were determined to be Major Funds by the City in fiscal 2023. Individual non- major funds may be found in the Supplemental section. GENERAL FUND This fund accounts for resources traditionally associated with government, such as administration, public safety, library, parks maintenance, and recreation, outside of those accounted for in other funds. AMERICAN RESCUE PLAN ACT SPECIAL REVENUE FUND To account for the City’s allocation of American Rescue Plan federal stimulus funds, as part of the federal government’s response to the impacts of the COVID-19 pandemic. CAPITAL IMPROVEMENT CAPITAL PROJECTS FUND To account for expenditures associated with the acquisition, construction, or improvement of City owned facilities and infrastructure. Funding comes from the general fund, special revenue funds, grants and fees. CAPITAL INFRASTRUCTURE RESERVE FUND Replacement, upgrade, and maintenance of the City’s infrastructure are backlogged, constituting a significant liability. Funds are set aside in this fund as part of the budget process and as part of the City’s reserve policy to address the replacement and/or upgrade of the city infrastructure (such as parks, buildings, facilities, streets, sidewalks, and storm water facilities). CAPITAL IMPROVEMENT POLICE STATION CAPITAL PROJECTS FUND To account for expenditures associated with the acquisition, construction, and installation of certain capital improvements constituting the new City police station located within the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2020A Bonds. CAPITAL IMPROVEMENT CIVIC CAMPUS CAPITAL PROJECTS FUND To account for expenditures associated with the acquisition, construction, and installation of certain capital improvements constituting the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2021A Bonds. CAPITAL IMPROVEMENT ORANGE MEMORIAL PARK CAPITAL PROJECTS FUND To account for expenditures associated with the acquisition, construction and installation of certain capital improvements at the City-owned Orange Memorial Park and pay the costs incurred in connection with the issuance of the Series 2022A Bonds. 33 307 CITY OF SOUTH SAN FRANCISCO GOVERNMENTAL FUNDS BALANCE SHEET JUNE 30, 2023 Special Revenue Fund Capital Projects Funds American Capital Capital General Rescue Capital Infrastructure Improvement Fund Plan Act Improvement Reserve Police Station ASSETS Cash and investments (Note 2)$80,739,818 $6,267,552 $563,919 $20,115,363 Receivables: Accounts 13,715,846 1,343,145 Accrued interest 423,012 114,100 Due from Conference Center 56,072 Loans Leases (Note 10)12,759,503 Due from other funds (Note 4B)480,000 Inventory 574 Restricted cash and investments (Note 2)4,435,367 $356,833 Properties held for redevelopment (Note 1O)2,823,118 Total Assets $110,997,943 $6,267,552 $6,342,431 $20,229,463 $356,833 LIABILITIES Liabilities: Accounts payable $5,939,493 $589,353 Accrued salaries and benefits 2,697,253 Other payable 776,211 1,463,713 $25,049 Deposits payable 742,865 Unearned revenue $6,267,552 60,543 Due to other funds (Note 4B)380,000 Total Liabilities 10,155,822 6,267,552 2,493,609 25,049 DEFERRED INFLOWS OF RESOURCES Unavailable revenue - accounts receivable 1,343,145 Related to leases (Note 10)12,282,955 Total Deferred Inflows of Resources 12,282,955 1,343,145 FUND BALANCE Fund Balances (Note 6): Nonspendable 477,122 Restricted 2,823,118 3,509,832 331,784 Committed 20,536,653 Assigned 8,661,539 $20,229,463 Unassigned 56,060,734 (1,004,155) Total Fund Balances (Deficits)88,559,166 2,505,677 20,229,463 331,784 Total Liabilities, Deferred Inflows of Resources and Fund Balances (Deficits) $110,997,943 $6,267,552 $6,342,431 $20,229,463 $356,833 See accompanying notes to basic financial statements 34 308 Capital Projects Funds Capital Capital Improvement Other Total Improvement Orange Governmental Governmental Civic Campus Memorial Park Funds Funds $1,391,205 $25,859 $137,850,725 $246,954,441 68,871 1,935,467 17,063,329 656,631 1,193,743 56,072 1,192,998 1,192,998 1,181,466 13,940,969 480,000 574 13,890,142 59,684,993 1,461 78,368,796 2,823,118 $15,350,218 $59,710,852 $142,818,748 $362,074,040 $3,658,577 $1,433,694 $841,361 $12,462,478 2,697,253 5,918,975 473,052 583,286 9,240,286 3,232,930 3,975,795 6,328,095 100,000 480,000 9,577,552 1,906,746 4,757,577 35,183,907 68,871 1,412,016 1,153,603 13,436,558 68,871 1,153,603 14,848,574 477,122 5,703,795 57,804,106 136,907,568 207,080,203 20,536,653 28,891,002 55,056,579 5,703,795 57,804,106 136,907,568 312,041,559 $15,350,218 $59,710,852 $142,818,748 $362,074,040 35 309 CITY OF SOUTH SAN FRANCISCO GOVERNMENTAL FUNDS BALANCE SHEET - RECONCILIATION OF GOVERNMENTAL FUND BALANCES TO NET POSITION OF GOVERNMENTAL ACTIVITIES JUNE 30, 2023 Total fund balances reported on the governmental funds balance sheet $312,041,559 Amounts reported for Governmental Activities in the Statement of Net Position are different from those reported in the Governmental Funds because of the following: Capital assets used in Governmental Activities are not financial resources and, therefore, are not reported in the Governmental Funds. 527,374,934 Internal service funds are used by management to charge the cost of management of communication, telephone, building, fleet maintenance, equipment replacement, workers' compensation, employee benefits, insurance, and post-retirement healthcare benefits to individual funds. The assets and liabilities are included in Governmental Activities in the Statement of Net Position. 26,595,941 The assets and liabilities below are not due and payable in the current period and therefore are not reported in the funds: Long-term debt (222,275,229) Interest payable (683,778) Deferred outflows related pension 57,019,161 Deferred outflows related to OPEB 7,615,537 Net OPEB liability (58,421,069) Net pension liability (207,355,558) Deferred inflows related to OPEB (1,035,207) Deferred inflows related to pension (937,798) Compensated absences (7,015,349) Net position of governmental activities $434,335,160 See accompanying notes to financial statements 36 310 This Page Left Intentionally Blank 311 CITY OF SOUTH SAN FRANCISCO GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2023 Special Revenue Fund Capital Projects Funds American Capital Capital General Rescue Capital Infrastructure Improvement Fund Plan Act Improvement Reserve Police Station REVENUES Property taxes $54,041,117 Sales taxes 37,353,784 Transient occupancy taxes 16,357,104 Franchise Fees 5,240,637 Other taxes 8,059,817 Intergovernmental 3,558,742 $1,995,741 $1,824,995 Interest and rentals 4,247,107 $235,482 $5,480 Licenses and permits 20,467,644 Charges for services 11,673,187 434,000 Fines and forfeitures 757,019 Other 353,378 449,976 Total Revenues 162,109,536 1,995,741 2,274,971 669,482 5,480 EXPENDITURES Current: City Council 241,596 City Clerk 1,027,822 City Treasurer 35,279 City Attorney 1,220,059 City Manager 4,107,153 Finance 3,089,869 Non-departmental 3,484,013 Human Resources 2,221,160 Fire 35,512,513 Police 36,282,833 142,478 Public Works 7,936,326 25,995,702 500 Parks and Recreation 20,362,073 Library 6,475,274 Economic and Community Development 11,770,931 Other Capital Outlay 141,250 Debt service: Principal repayments Interest and fiscal charges Total Expenditures 133,908,151 25,995,702 500 142,478 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 28,201,385 1,995,741 (23,720,731)668,982 (136,998) OTHER FINANCING SOURCES (USES) Gain from sale of property 1,852,123 Loss from sale of property (6,439,913) Issuance of debt Bond premium Transfers in (Note 4C)5,283,682 10,817,102 Transfers out (Note 4C)(11,811,401) (1,995,741)(5,329,343) Total Other Financing Sources (Uses)(11,115,509) (1,995,741) 10,817,102 (5,329,343) Net Change in Fund Balances before special items 17,085,876 (12,903,629) (4,660,361)(136,998) SPECIAL ITEMS Remittance of land sale proceeds (5,173,366) Net Change in Fund Balances 11,912,510 (12,903,629) (4,660,361)(136,998) Fund balances (deficits) - July 1 76,646,656 15,409,306 24,889,824 468,782 Fund balances (deficits) - June 30 $88,559,166 $2,505,677 $20,229,463 $331,784 See accompanying notes to financial statements 38 312 Capital Projects Funds Capital Capital Improvement Other Total Improvement Orange Governmental Governmental Civic Campus Memorial Park Funds Funds $2,400,240 $56,441,357 912,453 38,266,237 16,357,104 5,240,637 2,838,448 10,898,265 $2,504,976 9,689,823 19,574,277 636,881 $1,115,571 1,616,678 7,857,199 20,467,644 15,369,853 27,477,040 757,019 10,518,233 11,321,587 3,141,857 1,115,571 43,345,728 214,658,366 241,596 1,027,822 35,279 1,220,059 4,107,153 3,089,869 22,809 3,506,822 2,221,160 129,027 35,641,540 67,741 36,493,052 37,617,159 11,820,253 6,621,939 89,991,879 2,235,977 22,598,050 6,475,274 1,004,730 12,775,661 2,161,116 2,161,116 141,250 3,285,000 3,285,000 8,280,065 8,280,065 37,617,159 11,820,253 23,808,404 233,292,647 (34,475,302) (10,704,682)19,537,324 (18,634,281) 1,852,123 (6,439,913) 2,898,732 11,465,065 30,464,581 (3,175,615) (11,396,260) (33,708,360) 2,898,732 (3,175,615)68,805 (7,831,569) (31,576,570) (13,880,297)19,606,129 (26,465,850) (5,173,366) (31,576,570) (13,880,297)19,606,129 (31,639,216) 37,280,365 71,684,403 117,301,439 343,680,775 $5,703,795 $57,804,106 $136,907,568 $312,041,559 39 313 CITY OF SOUTH SAN FRANCISCO Reconciliation of the NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS with the STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2023 NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS ($31,639,216) Amounts reported for Governmental Activities in the Statement of Activities are different because of the following: Capital Assets Transactions Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is capitalized and allocated over their estimated useful lives and reported as depreciation expense. Capital assets additions 75,422,642 Current year depreciation (9,190,597) Current year retirements (149,603) Long-Term Debt Payments Repayment of principal is an expenditure in the governmental funds, but in the Statement of Net Position the repayment reduces long-term liabilities. Repayment of principal is added back to fund balance 3,285,000 Amortization of premium is added back to fund balance 1,382,613 Accrual of Non-Current Items of current financial resources and therefore is not reported as revenue or expenditures in governmental funds (net change): Unavailable revenue (387,371) Interest payable 6,228 Compensated absences (499,594) Net pension liability, deferred outflows and inflows of resources (2,851,866) Net OPEB liability, deferred outflows and inflows of resources 937,453 Allocation of Internal Service Fund Activity Internal service funds are used by management to charge the costs of certain activities to individual funds. The net revenue of the internal service fund is reported with governmental activities.1,183,221 CHANGE IN NET POSITION OF GOVERNMENTAL ACTIVITIES $37,498,910 See accompanying notes to financial statements The amount below included in the Statement of Activities does not require the use 40 314 CITY OF SOUTH SAN FRANCISCO GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 Variance with Final Budget Actual Positive Original Final Amount (Negative) Resources (inflows): Property taxes $43,804,769 $45,804,769 $54,041,117 $8,236,348 Sales taxes 34,791,018 36,191,018 37,353,784 1,162,766 Transient occupancy taxes 11,160,752 14,160,752 16,357,104 2,196,352 Franchise fees 4,600,000 4,600,000 5,240,637 640,637 Other taxes 4,893,252 5,693,252 8,059,817 2,366,565 Intergovernmental 2,844,618 4,337,199 3,558,742 (778,457) Interest and rentals 5,453,469 4,556,469 4,247,107 (309,362) Licenses and permits 15,500,000 19,425,400 20,467,644 1,042,244 Charges for services 8,799,097 8,265,097 11,673,187 3,408,090 Fines and forfeitures 710,824 710,824 757,019 46,195 Other 259,383 278,902 353,378 74,476 Amounts available for appropriation 132,817,182 144,023,682 162,109,536 18,085,854 Charges to appropriations (outflows): City Council 258,749 260,650 241,596 19,054 City Clerk 1,143,342 1,154,449 1,027,822 126,627 City Treasurer 167,292 167,904 35,279 132,625 City Attorney 940,290 940,291 1,220,059 (279,768) City Manager 4,926,619 5,735,893 4,197,204 1,538,689 Finance 3,892,875 4,405,085 3,617,322 787,763 Non-departmental 1,544,367 2,152,699 3,486,795 (1,334,096) Human Resources 2,518,004 2,684,109 2,331,987 352,122 Fire 31,313,293 33,424,718 36,400,487 (2,975,769) Police 32,957,662 34,511,302 36,283,110 (1,771,808) Public Works 7,120,654 8,603,705 8,931,895 (328,190) Parks and Recreation 19,608,365 22,873,151 22,225,939 647,212 Library 6,706,110 7,273,746 6,518,982 754,764 Economic and Community Development 8,907,770 15,609,631 15,909,963 (300,332) Capital Outlay 141,250 (141,250) Total charges to appropriations 122,005,392 139,797,333 142,569,690 (2,772,357) OTHER FINANCING SOURCES (USES) Gain from sale of property 897,000 1,852,123 955,123 Loss from sale of property (6,439,913) (6,439,913) Transfers in (Note 4C) 3,245,000 6,151,400 5,283,682 (867,718) Transfers out (Note 4C) (13,344,450) (28,153,088) (11,811,401) 16,341,687 Total Other Financing Sources (Uses) (10,099,450) (21,104,688) (11,115,509) 9,989,179 712,340 (16,878,339) 8,424,337 25,302,676 SPECIAL ITEM Remittance of land sale proceeds (5,173,366) (5,173,366) NET CHANGE IN FUND BALANCE $712,340 ($16,878,339) 3,250,971 $20,129,310 Fund Balance - July 1 76,646,656 Adjustment to budgetary basis: Encumbrance adjustments 8,661,539 Fund Balance - June 30 $88,559,166 See accompanying notes to financial statements Budgeted Amounts NET CHANGE IN FUND BALANCES BEFORE SPECIAL ITEM 41 315 Variance with Final Budget Positive Original Final Actual Amounts (Negative) REVENUES: Intergovernmental $2,270,000 $2,270,000 $1,995,741 ($274,259) Total Revenues 2,270,000 2,270,000 1,995,741 (274,259) EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 2,270,000 2,270,000 1,995,741 (274,259) OTHER FINANCING SOURCES (USES) Transfers out (Note 4C) (2,270,000) (4,025,750) (1,995,741) 2,030,009 NET CHANGE IN FUND BALANCE ($1,755,750) $1,755,750 Fund balance - July 1 Fund balance - June 30 See accompanying notes to financial statements Budgeted Amounts CITY OF SOUTH SAN FRANCISCO AMERICAN RESCUE PLAN ACT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 42 316 MAJOR PROPRIETARY FUNDS Proprietary funds account for City operations financed and operated in a manner similar to a private business enterprise. The intent of the City is that the cost of providing goods and services be financed primarily through user charges. SEWER ENTERPRISE FUND This fund accounts for user charges and debt proceeds supporting the operation, maintenance, and capital expansion of the wastewater collection and treatment system. PARKING DISTRICT FUND This fund accounts for meter and parking permit fees used to acquire and maintain parking facilities. STORM WATER FUND This fund accounts for user charges sustaining the Storm Water Management Program mandated by state and federal authorities. 43 317 CITY OF SOUTH SAN FRANCISCO PROPRIETARY FUNDS STATEMENT OF NET POSITION JUNE 30, 2023 Governmental Business-type Activities - Enterprise Funds Activities Sewer Parking Storm Internal Enterprise District Water Total Service Funds ASSETS Current assets: Cash and investments (Note 2)$25,369,673 $3,460,545 $3,456,236 $32,286,454 $38,881,218 Receivables: Accounts 2,432,572 9,281 436,219 2,878,072 456,316 Accrued interest 97,652 18,421 18,422 134,495 185,098 Deposits 309,790 Prepaid items 1,358,284 Restricted cash and investments (Note 2)192,775 192,775 Total current assets 28,092,672 3,488,247 3,910,877 35,491,796 41,190,706 Noncurrent assets: Capital assets (Note 3): Nondepreciable 73,310,803 421,149 13,253,436 86,985,388 Depreciable, net accumulated depreciation 95,039,129 9,259,353 1,539,438 105,837,920 5,328,500 Total non-current assets 168,349,932 9,680,502 14,792,874 192,823,308 5,328,500 Total Assets 196,442,604 13,168,749 18,703,751 228,315,104 46,519,206 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 7)6,267,907 6,267,907 Related to OPEB (Note 9)846,171 846,171 Total Deferred Outflows of Resources 7,114,078 7,114,078 LIABILITIES Current liabilities: Accounts payable 679,554 8,692 65,693 753,939 333,718 Other payable 244,664 63 5 244,732 177,539 Accrued interest payable 764,499 764,499 Deposits payable 7,500 7,500 Unearned revenue 48,942 48,942 Due to other funds (Note 4B) Accrued insurance loss (Note 12)3,381,062 Compensated absences obligation (Note 1M)616,326 5,641 34,233 656,200 1,294,533 Current portion of long-term debt (Note 5)4,368,201 4,368,201 Total current liabilities 6,729,686 14,396 99,931 6,844,013 5,186,852 Noncurrent liabilities: Accrued insurance losses (Note 12)13,903,000 Compensated absences obligation (Note 1M)267,010 10,226 4,213 281,449 833,413 Noncurrent portion of long-term debt (Note 5)55,698,877 55,698,877 Net pension liability (Note 7)23,039,506 23,039,506 Net OPEB liability (Note 9)6,491,230 6,491,230 Total noncurrent liabilities 85,496,623 10,226 4,213 85,511,062 14,736,413 Total Liabilities 92,226,309 24,622 104,144 92,355,075 19,923,265 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 7)104,200 104,200 Related to OPEB (Note 9)115,023 115,023 Total Deferred Inflows of resources 219,223 219,223 NET POSITION: Net investment in capital assets 108,282,854 9,680,502 14,792,874 132,756,230 5,328,500 Unrestricted (deficit)2,828,296 3,463,625 3,806,733 10,098,654 21,267,441 Total Net Position $111,111,150 $13,144,127 $18,599,607 $142,854,884 $26,595,941 See accompanying notes to financial statements 44 318 CITY OF SOUTH SAN FRANCISCO PROPRIETARY FUNDS STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET POSITION FOR THE YEAR ENDED JUNE 30, 2023 Governmental Business-type Activities - Enterprise Funds Activities Sewer Parking Storm Internal Enterprise District Water Total Service Funds OPERATING REVENUES Charges for services $23,180,130 $414,183 $23,594,313 $31,348,296 Other cities' participation 6,237,114 6,237,114 Permit fees 710,915 710,915 Parking fees $1,062,751 1,062,751 Total Operating Revenues 30,128,159 1,062,751 414,183 31,605,093 31,348,296 OPERATING EXPENSES Personnel expenses 10,988,476 346,813 1,207,382 12,542,671 19,852,051 Professional services 2,038,173 284,836 79,489 2,402,498 1,132,997 OPEB Expenses 535,040 1,448 536,488 Program supplies 2,054,330 147,099 57,965 2,259,394 2,244,118 Insurance 210,870 3,698 214,568 2,890,694 Self-insurance and claims 2,807,004 Repair and maintenance 1,402,551 6,003 1,408,554 1,065,000 Rents 1,689,059 1,689,059 Utilities 1,867,151 126,330 17,351 2,010,832 104,991 Administration 1,590,725 113,007 48,535 1,752,267 Depreciation 5,475,767 252,624 33,651 5,762,042 1,045,253 Other 23,346 6,536 29,882 618,144 Total Operating Expenses 27,875,488 1,272,157 1,460,610 30,608,255 31,760,252 Operating Income (Loss)2,252,671 (209,406) (1,046,427)996,838 (411,956) NONOPERATING REVENUES (EXPENSES) Loan forgiveness (Note 5)4,000,000 4,000,000 Interest income 215,397 38,129 37,542 291,068 380,178 Gain on dispositions of capital assets 104,926 Interest expense (2,779,127)(2,779,127)(2,870) Other 4,400 4,400 64,501 Total Nonoperating Revenues (Expenses)1,436,270 38,129 41,942 1,516,341 546,735 Income (loss) before contributions and transfers 3,688,941 (171,277) (1,004,485) 2,513,179 134,779 TRANSFERS Capital subventions and grants 276,151 276,151 Transfers in (Note 4C)3,000 2,000 2,494,778 2,499,778 1,048,442 Transfers (out) (Note 4C)(304,441)(304,441) Change in Net Position 3,387,500 (169,277) 1,766,444 4,984,667 1,183,221 Net Position (Deficits) - July 1 107,723,650 13,313,404 16,833,163 137,870,217 25,412,720 Net Position (Deficits) - June 30 $111,111,150 $13,144,127 $18,599,607 $142,854,884 $26,595,941 See accompanying notes to financial statements 45 319 CITY OF SOUTH SAN FRANCISCO PROPRIETARY FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2023 Governmental Business-type Activities - Enterprise Funds Activities Sewer Parking Storm Internal Enterprise District Water Total Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $31,312,569 $1,053,470 $3,697,332 $36,063,371 Cash payments to suppliers for goods and services (12,293,207) (679,993) (175,764) (13,148,964) ($7,535,837) Cash payments to employees for services (10,573,920) (331,286) (1,209,620) (12,114,826) (20,265,596) Cash received from interfund service provided 30,956,481 Cash payments for judgments and claims (2,006,200) Net Cash Provided by (Used in) Operating Activities 8,445,442 42,191 2,311,948 10,799,581 1,148,848 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Interfund receipts (630,000) (630,000) Transfers in 3,000 2,000 2,494,778 2,499,778 1,048,442 Transfers in (304,441)(304,441) Net Cash Provided by Noncapital Financing Activities (301,441)2,000 1,864,778 1,565,337 1,048,442 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Proceeds from issuance of debt 2,991,637 2,991,637 Principal paid on long-term debt (5,312,308)(5,312,308)(144,637) Interest paid on long-term debt (393,601)(393,601)(2,870) Subventions and grants 276,151 276,151 Acquisition of capital assets, net (1,834,441)(1,020,995) (2,855,436) (1,979,957) Proceeds from the sale of capital assets 113,687 Net Cash Used in Capital and Related Financing Activities (4,548,713)(744,844) (5,293,557) (2,013,777) CASH FLOWS FROM INVESTING ACTIVITIES Interest received (paid)56,697 8,028 (3,165)61,560 76,260 Changes in fair value of investments 118,127 22,284 22,285 162,696 223,912 Net Cash Provided by Investing Activities 174,824 30,312 19,120 224,256 300,172 Net Increase (Decrease) in cash and cash equivalents 3,770,112 74,503 3,451,002 7,295,617 483,685 Cash and cash equivalents, beginning 21,792,336 3,386,042 5,234 25,183,612 38,397,533 Cash and cash equivalents, ending $25,562,448 $3,460,545 $3,456,236 $32,479,229 $38,881,218 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)$2,252,671 ($209,406) ($1,046,427) $996,838 ($411,956) Adjustments to reconcile operating income (loss) to cash flows from operating activities: Depreciation 5,475,767 252,624 33,651 5,762,042 1,045,253 Other non-operating revenue (expenses)4,400 4,400 64,501 Net change in assets and liabilities: Accounts and lease receivables 1,168,495 (9,281) 3,278,749 4,437,963 (456,316) Deposit Prepaid items (153,911) Accounts payable 126,737 (7,336)43,811 163,212 (66,577) Other payable (1,008,699)63 2 (1,008,634)148,243 Unearned revenue 15,915 15,915 Accrued insurance losses 800,804 (Decrease) increase due to retirement system 384,430 384,430 (Decrease) increase due to OPEB (104,162)(104,162) Compensated absence obligations 134,288 15,527 (2,238) 147,577 178,807 Net Cash Provided by (Used in) Operating Activities $8,445,442 $42,191 $2,311,948 $10,799,581 $1,148,848 NONCASH TRANSACTIONS Retirement of capital assets ($8,761) Forgiveness of SWRCB loan $4,000,000 $4,000,000 Interest accrued to principal on SWRCB loan ($1,831,943)($1,831,943) See accompanying notes to basic financial statements 46 320 FIDUCIARY FUNDS These funds are used to account for assets held by the City as an agent for individuals, private organizations, and other governments. The financial activities of these funds are excluded from the government-wide financial statements, but are presented in separate Fiduciary Fund financial statements. SUCCESSOR AGENCY PRIVATE PURPOSE TRUST FUND The Fund is used to account for the activities of the Successor Agency to the former Redevelopment Agency of the City of South San Francisco. CUSTODIAL FUNDS are used to report resources, not in a trust, that are held by the City for other parties outside of the City’s reporting entity. 47 321 Successor Agency Private Purpose Trust Fund Custodial Funds ASSETS Cash and investments (Note 2) $20,617 $95,626 Accounts receivable 141,362 Interest receivable 18,417 1,399 Prepaid items Advances to the City (Note 5) 2,050,152 Loans receivable (Note 14B) 80,572 Restricted cash and investments (Note 2) 21,245,798 2,255,699 Capital assets (Note 14C): Nondepreciable 111,219 Depreciable, net accumulated depreciation 231,531 Total Assets 23,899,668 2,352,724 LIABILITIES Accounts payable 33,991 Total Liabilities 33,991 NET POSITION Held in trust for other purposes 23,865,677 Restricted for others 96,245 Restricted for bondholders 2,256,479 Total Net Position $23,865,677 $2,352,724 See accompanying notes to financial statements CITY OF SOUTH SAN FRANCISCO STATEMENT OF FIDUCIARY NET POSITION FIDUCIARY FUNDS JUNE 30, 2023 48 322 CITY OF SOUTH SAN FRANCISCO FIDUCIARY FUNDS STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE YEAR ENDED JUNE 30, 2023 Successor Agency Private Purpose Trust Fund Custodial Funds ADDITIONS Property taxes $1,013,213 Intergovernmental $6,168,452 Plan contributions 8,225 Interest and rentals 387,064 542,489 Other 141,391 Total Additions 6,696,907 1,563,927 DEDUCTIONS Economic and Community Development 7,000,293 Professional services 18,805,663 Payments to bondholders 764,850 Depreciation 6,593 Total Deductions 7,006,886 19,570,513 Change in net position (309,979) (18,006,586) NET POSITION Beginning of the year 24,175,656 20,359,310 End of the year $23,865,677 $2,352,724 See accompanying notes to financial statements 49 323 This Page Left Intentionally Blank 324 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A.Description of the Financial Reporting Entity As required by generally accepted accounting principles, the financial statements present the City of South San Francisco (the City) as the Primary Government, with its component units for which the City is considered financially accountable. The component units discussed below are included in the City's reporting entity because of the significance of their operational and financial relationships with the City. B.Description of Blended Component Units The accompanying basic financial statements include all funds and boards and commissions that are controlled by the City Council. The basic financial statements include the City’s blended component units, entities for which the City is considered to be financially accountable. A blended component unit, although a legally separate entity, is in substance, part of the City’s operations and so data from this unit is combined with the City. The City’s following blended component units are described below. The City of South San Francisco Capital Improvements Financing Authority is a joint exercise of powers authority created in 1991 between the City and the City of South San Francisco former Redevelopment Agency. The Capital Improvements Financing Authority is authorized to borrow money through the purchase or issuance of bonds, notes, or other obligations for the purpose of making loans to the City and other public entities to finance capital improvements. The City Council members serve as the Board of Directors. The Capital Improvements Financing Authority did not have any activity during fiscal year 2023. Separate financial statements are not issued for the Capital Improvements Financing Authority. The Parking Authority of the City of South San Francisco was formed in October 2019 pursuant to the California Parking Law of 1949, Streets and Highways Code Section 32500, et seq. The City Council members serve as the Board of Directors. The financial activities of the Parking Authority are included in the Parking District Enterprise Fund. Separate financial statements are not issued for the Parking Authority. The City of South San Francisco Public Facilities Financing Authority is a joint exercise of powers authority created in December 2019 between the City and the Parking Authority. The Public Facilities Financing Authority is authorized to borrow money through the purchase or issuance of bonds, notes, or other obligations for the purpose of making loans to the City or the Parking Authority and other public or private entities to finance capital improvements. The City Council members serve as the Board of Directors. The financial activities of the Public Facilities Financing Authority are included in the Capital Improvements Police Station, Capital Improvements Civic Campus and Capital Improvement Orange Memorial Park Capital Projects Funds. Separate financial statements are not issued for the Public Facilities Financing Authority. 51 325 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C.Description of Discrete Component Unit The City of South San Francisco Conference Center Authority was established in 1992 to manage and operate the South San Francisco Conference Center. The Authority is governed by a Board of nine commissioners consisting of two Council members and seven representatives from various businesses appointed by City Council. The Authority does not meet the criteria of a blended component unit, since the City Council is not the Authority’s governing body and the Authority does not provide services entirely to the City. However, the City is financially accountable and is able to impose its will on the Authority. The Authority is therefore considered a discrete component unit with its financial data reported separately from the financial data of the City. The City of South San Francisco Conference Center Authority financial statements may be obtained from the Authority at 255 South Airport Boulevard, South San Francisco, CA 94080. D.South San Francisco Housing Authority The South San Francisco Housing Authority was established by the City of South San Francisco in 1955 under the provisions of the State Health and Safety Code to address a shortage of low income housing in the City. Although the City Council appoints the Authority Commissioners, the City Council can only remove those appointed Commissioners for inefficiency, neglect of duty or misconduct. The Housing Authority operates independent of the City and the City is not financially accountable for the Housing Authority. Therefore, the operations of the Housing Authority are not included in the financial reporting entity of the City. E. Basis of Presentation Government-wide Statements – The Statement of Net Position and the Statement of Activities display information about the primary government (the City) and its component units. These statements include the financial activities of the overall City government, except for fiduciary activities. Interfund transfers and amounts owed between funds within the primary government have been eliminated from the statements. Amounts representing interfund services and uses remain in the statements. These statements distinguish between the governmental and business- type activities of the City. Governmental activities generally are financed through taxes, intergovernmental revenues, and other nonexchange transactions. Business-type activities are financed in whole or in part by fees charged to external parties. The Statement of Activities presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City’s governmental activities. Direct expenses are those that are specifically associated with a program or function and, therefore, are clearly identifiable to a particular function. Program revenues include (a) charges paid by the recipients of goods or services offered by the programs, (b) grants and contributions that are restricted to meeting the operational needs of a particular program and (c) fees, grants and contributions that are restricted to financing the acquisition or construction of capital assets. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. 52 326 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fund Financial Statements: The fund financial statements provide information about the City’s funds, including fiduciary funds and blended component units. Separate statements for each fund category – governmental, proprietary, and fiduciary – are presented. The emphasis of fund financial statements is on major individual governmental and enterprise funds, each of which is displayed in a separate column. All remaining governmental and enterprise funds are aggregated and reported as nonmajor funds. Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Nonoperating revenues, such as subsidies and investment earnings, result from nonexchange transactions or ancillary activities. F. Major Funds Major funds are defined as funds that have either assets, liabilities, revenues or expenditures/expenses equal to ten percent of their fund-type total and five percent of the grand total. The General Fund is always a major fund. The City may also select other funds it believes should be presented as major funds. The City reported the following major governmental funds in the accompanying financial statements: General Fund – Accounts for resources traditionally associated with government, such as administration, public safety, library, parks, maintenance, and recreation, outside of those accounted for in other funds. American Rescue Plan Act Special Revenue Fund – This Fund was established to account for the City’s allocation of American Rescue Plan federal stimulus funds, as part of the federal government’s response to the impacts of the COVID-19 pandemic. Capital Improvement Capital Projects Fund – Accounts for expenditures associated with the acquisition, construction, or improvement of City-owned facilities and infrastructure. Funding comes from the General Fund, Special Revenue funds, grants and fees. Capital Infrastructure Reserve Fund – Replacement, upgrade, and maintenance of the City’s infrastructure are backlogged, constituting a significant liability. Funds are set aside in this fund as part of the budget process and as part of the City’s reserve policy to address the replacement and/or upgrade of the city infrastructure (such as parks, buildings, facilities, streets, sidewalks, and storm water facilities). Capital Improvement Police Station – Accounts for expenditures associated with the acquisition, construction, and installation of certain capital improvements constituting the new City police station located within the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2020A Bonds. 53 327 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Capital Improvement Civic Campus – Accounts for expenditures associated with the acquisition, construction, and installation of certain capital improvements constituting the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2021A Bonds. Capital Improvement Orange Memorial Park Capital Projects Fund – Accounts for expenditures associated with the acquisition, construction and installation of certain capital improvements at the City-owned Orange Memorial Park and pay the costs incurred in connection with the issuance of the Series 2022A Bonds. The City reported all enterprise funds as major funds in the accompanying financial statements. The enterprise funds are: Sewer Enterprise Fund – Accounts for user charges and debt proceeds supporting the operation, maintenance, and capital expansion of the wastewater collection and treatment system. Parking District Fund – Accounts for meter and parking permit fees used to acquire and maintain parking facilities. Storm Water Fund – Accounts for user charges sustaining the Storm Water Management Program mandated by state and federal authorities. The City also reports the following fund types: Internal Service Funds – These funds account for City services, self insurance, health and retirement benefits, and equipment replacement; all of which are provided to other departments on a cost-reimbursement basis. Fiduciary Funds – The Fiduciary fund financial statements normally include a Statement of Net Position and a Statement of Changes in Fiduciary Net Position. The financial activities of the funds are excluded from the government-wide financial statements. The City’s fiduciary funds represent a private purpose trust fund and custodial funds. The Successor Agency Private- Purpose Trust Fund accounts for the accumulation of resources to be used for payments at appropriate amounts and times in the future. Custodial funds are used to account for assets held by the City on behalf of other agencies for other purposes. The City’s Custodial Funds include the Employee Deferred Comp Trust Oversight Fund and the Community Facilities District 2021- 01, which accounted for payments of special assessment bonds. 54 328 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) G. Basis of Accounting The government-wide, proprietary, fiduciary, and discretely presented component unit financial statements are reported using the economic resources measurement focus and the full accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Governmental funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. The City considers all revenues reported in the governmental funds to be available if the revenues are collected within sixty days after year-end. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on long-term debt, including lease liabilities, claims and judgments, and compensated absences, which are recognized as expenditures to the extent they have matured. General capital asset acquisitions, including entering into contracts giving the City the right to use leased assets and right to use subscription assets, are reported as expenditures in governmental funds. Proceeds from long-term debt and financing through leases are reported as other financing sources. Those revenues susceptible to accrual are property and sales taxes, certain intergovernmental revenues, interest revenue, licenses and permits, charges for services, fines and forfeitures. Sales taxes collected and held by the state at year end on behalf of the City are also recognized as revenue. Other receipts and taxes are recognized as revenue when the cash is received. Non-exchange transactions, in which the City gives or receives value without directly, receiving or giving equal value in exchange, include taxes, grants, entitlements, and donations. On the accrual basis, revenue from taxes is recognized in the fiscal year for which the taxes are levied or assessed. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. Under the terms of grant agreements, the City may fund certain programs with a combination of cost-reimbursement grants, categorical block grants, and general revenue. Thus, both restricted and unrestricted net position may be made available to finance program expenditures. The City’s policy is to first apply restricted grant resources to such programs, followed by general revenues if necessary. The City considers restricted shared state revenues such as gasoline taxes and public safety sales taxes, restricted locally imposed transportation sales taxes, fines, forfeitures, licenses, permits, charges for services, and program grants as program revenues. 55 329 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) H. Budgets, Budgetary Accounting, and Encumbrances The City is not legally required to budget any of its funds, but does so to enhance City management's effectiveness in their financial planning efforts and to enhance control over the City's operations. Budgets are adopted on a modified accrual basis, except for encumbrances and for the Capital Improvement Fund. Encumbrances are considered expenditures in the year of the purchase order issuance. All Capital Projects Funds are adopted on a multi-year project basis with unexpended and unencumbered budgets reappropriated in the following year. The City operates under the general laws of the State of California (the State) and annually adopts a budget effective July 1 for the ensuing fiscal year for the General fund; Special Revenue funds, except the American Recovery Plan Act Special Revenue Fund, Developer Contributions Special Revenue Fund, Supplemental Law Enforcement Services Special Revenue Fund, City Programs Special Revenue Fund, Affordable Housing Trust Special Revenue Fund and Transit Station Enhancement In-Lieu Fee Special Revenue Fund; Capital Projects Funds; and Enterprise funds. The budget is adopted by the City Council and controlled at the department level for the General Fund and at the fund level or lower for all other funds with adopted budgets. From the effective date of the budget, the amounts stated therein as proposed expenditures become appropriations to the various City departments. The City Council may amend the budget by resolution during the fiscal year. The department heads may authorize transfers within one object category within the same department within a fund. The City Manager may authorize transfers between object categories and departments within a fund. All appropriations lapse at year-end, except for capital projects and encumbrances. Original adopted budgets and final amended budgets are presented in the basic financial statements. Supplementary budget appropriations were necessary during the year ended June 30, 2023. Encumbrance accounting, under which, purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of the budgetary process. Encumbrances outstanding at year-end are reported as a component of fund balances since they do not constitute expenditures or liabilities. Encumbrances are reappropriated in the following year. The budgetary comparison statements present comparisons of the legally adopted budget with actual charges to appropriations on a budgetary basis. In order to provide a meaningful comparison, the actual charges on a budgetary basis include encumbrances, which is a basis that differs significantly from those used to present financial statements in conformity with generally accepted accounting principles. Certain indirect costs are included in program expenses reported for individual functions and activities. 56 330 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) I.Expenditures in Excess of Appropriations – The City’s General Fund had the following departmental expenditures in excess of appropriations and other funds had expenditures in excess of appropriations for the year ended June 30, 2023: Expenditures in Excess of Budget (Non GAAP Legal Basis) General Fund: City Attorney $279,768 Non-departmental 1,334,096 Fire 2,975,769 Police 1,771,808 Public Works 328,190 Economic and Community Development 300,332 Capital Outlay 141,250 Non-Major Funds: Supplemental Law Enforcement Services Special Revenue Fund 67,741 City Programs Special Revenue Fund 550,723 PEG Equipment and Access Special Revenue Fund 17,209 Debt Service Fund 3,175,615 Sufficient resources were available within each fund to finance these excesses. J. Cash Equivalents – For purposes of the statement of cash flows, the City considers all highly liquid investments (including all restricted assets) with maturity of three months or less when purchased to be cash equivalents. The City maintains a cash and investment pool that is available for use by all funds. As the proprietary funds' share of this pool is readily available when needed, such share is also considered to be cash equivalent. Deposit assets in the proprietary funds are related to insurance and benefits and are not considered cash equivalents for purposes of the statement of cash flows. K.Inventory and Prepaid Items – consist of consumable supplies. Inventory is stated at cost (first- in, first-out method). The costs are recorded as expenditures at the time the individual inventory or prepaid item is consumed. Reported inventory and prepaid items are equally offset by a fund balance reservation, which indicates that they do not constitute "available spendable resources" even though they are a component of net current assets. L.Capital Assets – Donated capital assets, donated works of art and similar items, and capital assets received in a service concession arrangement are valued at acquisition value. All other capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available except for intangible right to‐use lease assets, the measurement of which is discussed in Note 10 below and intangible right to use subscription assets, the measurement of which is discussed in Note 1R below. The purpose of depreciation is to spread the cost of capital assets equitably among all users over the life of these assets. The amount charged to depreciation expense each year represents that year’s pro rata share of the cost of capital assets. 57 331 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Depreciation is provided using the straight line method which means the cost of the asset is divided by its expected useful life in years and the result is charged to expense each year until the asset is fully depreciated. The City and Authority have assigned the useful lives listed below to capital assets and right to use leased building: Buildings 50 years Clean water facilities and transmission lines 40 years Improvements 30 years Machinery and equipment 5-20 years Furniture and fixtures 12 years Infrastructure 20-40 years Right to use leased building 30 years Major outlays for capital assets and improvements are capitalized as projects are constructed. The capitalization level is $20,000 for vehicles, and $100,000 for all else, including all other equipment that is not a vehicle. M. Vacation and Sick Pay – are accrued as earned. Upon termination, employees are paid for all unused vacation at their current hourly rates. After five to twenty years of employment, one half of accumulated sick leave becomes vested, up to a maximum amount as specified under labor contract provisions. The vested portion is available for current use or, if unused, is payable at termination or retirement. The long-term portion of the liability for compensated absences for governmental fund type operations is recorded as compensated absences in the government-wide financial statements. The portion expected to be permanently liquidated is recorded in the Health and Retirement Benefits Internal Service Fund. Proprietary fund liabilities are recorded within their respective funds. The changes of the compensated absences were as follows: Governmental Business-Type Activities Activities Total Beginning Balance $8,464,894 $790,072 $9,254,966 Additions 6,754,728 806,022 7,560,750 Payments (6,076,327) (658,445) (6,734,772) Ending Balance $9,143,295 $937,649 $10,080,944 Current Portion $6,059,221 $656,200 $6,715,421 Compensated absences are liquidated by the fund that has recorded the liability. The long-term portion of governmental activities compensated absences is liquidated primarily by the Health and Retirement Benefits Internal Service Fund. 58 332 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) N.Property Tax Levy, Collection and Maximum Rates – State of California Constitution Article XIII A provides that the combined maximum property tax rate on any given property may not exceed 1% of its assessed value unless an additional amount for general obligation debt has been approved by voters. Assessed value is calculated at 100% of market value as defined by Article XIII A and may be adjusted by no more than 2% per year unless the property is sold, transferred, or substantially improved. The State Legislature has determined the method of distribution of receipts from a 1% tax levy among the counties, cities, school districts and other districts. The County of San Mateo assesses properties, bills for and collects property taxes on the schedule that follows: Secured Unsecured Valuation/lien dates January 1 January 1 Levy dates July 1 July 1 Due dates (delinquent as of) 50% on November 1 (December 10) July 1 (August 31) 50% on February 1 (April 10) The term "unsecured" refers to taxes on personal property other than land and buildings. These taxes are secured by liens on the property being taxed. Property taxes levied are recorded as revenue and receivables when they are collected during the fiscal year of levy or within 60 days of year-end. O.Properties held for redevelopment – is stated at the lower of historical cost or net realizable value (equal to agreed upon sales price if a disposition and development agreement has been reached with a developer). P. Unbilled Services – for the Sewer Rental Enterprise Fund are accrued at year-end. Q.Deferred Outflows/Inflows of Resources – In addition to assets, the statement of financial position or balance sheet reports a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets or fund balance that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. In addition to liabilities, the statement of financial position or balance sheet reports a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets or fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. 59 333 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) R. Fair Value Measurements Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The fair value hierarchy categorizes the inputs to valuation techniques used to measure fair value into three levels based on the extent to which inputs used in measuring fair value are observable in the market. Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities. Level 2 inputs are inputs – other than quoted prices included within level 1 – that are observable for an asset or liability, either directly or indirectly. Level 3 inputs are unobservable inputs for an asset or liability. If the fair value of an asset or liability is measured using inputs from more than one level of the fair value hierarchy, the measurement is considered to be based on the lowest priority level input that is significant to the entire measurement. S.Subscription Based Information Technology Arrangements (SBITAs) A SBITA is a contract that conveys control of the right to use another party’s (a SBITA vendor’s) IT software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction. At the commencement of a SBITA, the City initially measures the subscription liability at the present value of payments expected to be made during the contract term. Subsequently, the subscription liability is reduced by the principal portion of payments made. The subscription asset is initially measured as the initial amount of the subscription liability, adjusted for payments made at or before the SBITA commencement date, plus certain initial direct costs. Subsequently, the subscription asset is amortized on a straight‐line basis over shorter of the subscription term or the useful life of the underlying IT assets. The City recognizes subscription asset with an initial, individual value of $1,000,000 or more, based on the present value of future subscription payments remaining at the start of the agreement. Key estimates and judgments related to SBITAs include how the City determines (1) the discount rate it uses to discount the expected subscription payments to present value, (2) subscription term, and (3) subscription payments as follows: •The City uses the interest rate charged by the IT vendor as the discount rate. When the interest rate charged by the IT vendor is not provided, the City generally uses its estimated incremental borrowing rate as the discount rate for subscription liabilities. •The subscription term includes the noncancellable period of the subscription. The City monitors changes in circumstances that would require a remeasurement of its subscription and will remeasure the subscription asset and liability if certain changes occur that are expected to significantly affect the amount of the subscription liability. Subscription assets are reported with other capital assets and subscription liabilities are reported in the statement of net position. 60 334 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) T. Use of Estimates – The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent asset and liabilities at the dates of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting periods. Actual results could differ from those estimates. U. New Funds In fiscal year 2022-2023, the City established the following funds: The Public Arts In-Lieu Fee Special Revenue Fund accounts for development fee revenues that are collected and are required to be used for public art installations. The Oyster Point CFD Special Tax B Special Revenue Fund accounts for special assessment collections that are to be used for maintenance and administrative fees of the community facilities district. V. New Accounting Pronouncement GASB Statement No. 96 – In May 2020, GASB issued Statement No. 96, Subscription-Based Information Technology Arrangements. The objective of this Statement is to provide guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA.. The provisions of this Statement were implemented during fiscal year 2023. The implementation had no effect on the financial statements. GASB Statement No. 94 – In March 2020, GASB issued Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements. The primary objective of this Statement is to improve financial reporting by addressing issues related to public-private and public-public partnership arrangements (PPPs). As used in this Statement, a PPP is an arrangement in which a government (the transferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use a nonfinancial asset, such as infrastructure or other capital asset (the underlying PPP asset), for a period of time in an exchange or exchange-like transaction. Some PPPs meet the definition of a service concession arrangement (SCA), which the Board defines in this Statement as a PPP in which (1) the operator collects and is compensated by fees from third parties; (2) the transferor determines or has the ability to modify or approve which services the operator is required to provide, to whom the operator is required to provide the services, and the prices or rates that can be charged for the services; and (3) the transferor is entitled to significant residual interest in the service utility of the underlying PPP asset at the end of the arrangement. This Statement also provides guidance for accounting and financial reporting for availability payment arrangements (APAs). As defined in this Statement, an APA is an arrangement in which a government compensates an operator for services that may include designing, constructing, financing, maintaining, or operating an underlying nonfinancial asset for a period of time in an exchange or exchange-like transaction. The provisions of this Statement were implemented during fiscal year 2023. The implementation had no effect on the financial statements. 61 335 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS The City’s goal is to invest at the maximum yield, consistent with safety and liquidity, while individual funds can process payments for expenditures at any time. A. Policies The City invests in individual investments and in investment pools. Individual investments are evidenced by specific identifiable securities instruments, or by an electronic entry registering the owner in the records of the institution issuing the security, called the book entry system. In order to increase security, the City employs the Trust Department of a bank as the custodian of certain City managed investments, regardless of their form. California Law requires banks and savings and loan institutions to pledge government securities with a fair value of 110% of the City’s cash on deposit, or first trust deed mortgage notes with a fair value of 150% of the deposit, as collateral for these deposits. Under California Law this collateral is held in a separate investment pool by another institution in the City’s name and places the City ahead of general creditors of the institution. The City’s investments are carried at fair value, as required by generally accepted accounting principles. The City adjusts the carrying value of its investments to reflect their fair value at each fiscal year end, and it includes the effects of these adjustments in income for that fiscal year. B. Classification Cash and investments as of June 30, 2023 are classified in the financial statements as shown below, based on whether or not their use is restricted under the terms of City debt instruments or agency agreements. Financial Statement Presentation: Statement of Net Position: City of South San Francisco: Cash and investments available for operations $318,122,113 Restricted cash and investments 78,561,571 Total Primary Government cash and investments 396,683,684 Statement of Fiduciary Net Position: Cash and investments available for operations 116,243 Restricted cash and investments 23,501,497 Total Fiduciary cash and investments 23,617,740 Conference Center: Cash and investments available for operations 3,882,598 Total South San Francisco Conference Center cash and investments 3,882,598 Total cash and investments $424,184,022 62 336 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS (Continued) The City does not allocate investments by fund. Each proprietary fund’s portion of Cash and Investments Available for Operations is in substance a demand deposit available to finance operations, and is considered a cash equivalent in preparing the statement of cash flows. C. Investments Authorized by the California Government Code and the City’s Investment Policy The City’s investment policy and the California Government Code allow the City to invest in the following provided the credit ratings of the issuers are acceptable to the City and approved percentages and maturities are not exceeded. The table below also identifies certain provisions of the California Government Code, or the City’s Investment Policy where it is more restrictive: Minimum Maximum Maximum Maximum Credit Percentage Investment Authorized Investment Type Maturity Quality (A) of Portfolio in One Issuer U.S. Treasury Securities 5 years N/A No Limit No Limit Federal Agency or U.S. Government Sponsored Enterprise Obligations 5 years N/A No Limit 25% Supranational Obligations 5 years AA 30%10% Corporate Medium-Term Notes 5 years A 30%5% Asset-Backed Securities 5 years AA 20%5% Commercial Paper 270 days A1,P1 25%5% Negotiable Certificates of Deposit 5 years A-1 or A 30%5% Repurchase Agreements 90 days AA No Limit No Limit Local Agency Investment Fund (LAIF) Upon Demand N/A $75 million No Limit Money Market Mutual Funds N/A AAAm 20%10% Rating System, or its equivalent. (A) The City's Investment Policy includes credit ratings provided by Standard and Poor's Investment 63 337 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS (Continued) D. Investments Authorized by Debt Agreements The City and the Successor Agency to the former Redevelopment Agency must maintain required amounts of cash and investments with trustees or fiscal agents under the terms of certain debt issues. These funds are unexpended bond proceeds or are pledged as reserves to be used if the City or Successor Agency fail to meet its obligations under these debt issues. The California Government Code requires these funds to be invested in accordance with City ordinance bond indentures or State statute. The table below identifies the investment types that are authorized for investments held by fiscal agents. The table also identifies certain provisions of these debt agreements: Minimum Maximum Maximum Credit Percentage Authorized Investment Type Maturity Quality of Portfolio U.S. Treasury Obligations N/A N/A No Limit Federal Agency or U.S. Government Sponsored Enterprise Obligations N/A N/A No Limit Federal Housing Administration Debentures N/A N/A No Limit Bankers Acceptances 30 days A-1 or A-2 No Limit Commercial Paper 270 days A1,P1 No Limit Negotiable Certificates of Deposit 5 years A-1 or A No Limit Guaranteed Investment Agreements N/A A1,P1 No Limit Municipal Obligations N/A Aaa No Limit State Obligations N/A A2 No Limit Money Market Mutual Funds N/A AAAm No Limit Repurchase Agreements 90 days AA No Limit Local Agency Investment Fund (LAIF) Upon Demand N/A No Limit E. Investments Authorized by the Authority The City of South San Francisco Conference Center Authority follows the California Government Code which authorizes an agency to invest in their own bonds, certain time deposits, obligations of the U.S. Treasury, agencies and instrumentalities, commercial paper, bankers’ acceptances with maturities not to exceed 270 days, and medium-term notes issued by corporations operating within the U.S., commercial paper rated P-1 or higher by Moody’s or A-1 by Standard & Poor’s commercial paper record, repurchase agreements of obligations of the U.S. Government or its agencies for a term of one year or less and the Local Agency Investment Fund. F. Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Normally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City also manages its interest rate risk is by holding most investments to maturity, thus reversing unrealized market gains and losses. 64 338 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS (Continued) Information about the sensitivity of the fair values of the City’s investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the City’s investments by maturity or earliest call date: Remaining maturity Less than One to Five 1 year Years Total City and Fiduciary: U.S. Treasury Notes $223,922 $58,289,279 $58,513,201 U.S. Treasury Bills 67,543,129 67,543,129 Federal Agency Securities 3,097,484 50,280,270 53,377,754 Local Agency Investment Fund 108,562,894 108,562,894 Money Market Funds 35,086,693 35,086,693 Corporate Medium Term Notes 7,332,998 47,489,676 54,822,674 Negotiable Certificates of Deposit 3,994,592 3,994,592 Asset-Backed Securities 3,582,332 14,745,219 18,327,551 Supranational Obligations 6,093,964 6,093,964 South San Francisco Conference Center: Local Agency Investment Fund 3,505,040 3,505,040 Total Investments $232,929,084 $176,898,408 409,827,492 Cash in Banks and on Hand - City of South San Francisco 13,978,972 Cash in Banks and on Hand - South San Francisco Conference Center 377,558 Total Cash and Investments $424,184,022 The City is a participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The City reports its investment in LAIF at the fair value amount provided by LAIF, which is the same as the value of the pool share. The balance is available for withdrawal on demand, and is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Each regular LAIF account is permitted to have up to 15 transactions per month, with a minimum transaction amount of $5,000, a maximum transaction amount of $75 million and at least 24 hours advance notice for withdrawals of $10 million or more. Bond proceeds accounts are subject to a one‐time deposit with no cap and are set up with a monthly draw down schedule. Included in LAIF’s investment portfolio are collateralized mortgage obligations, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, United States Treasury Notes and Bills, and corporations. At June 30, 2023, these investments have an average maturity of 260 days. Money market funds are available for withdrawal on demand and as of June 30, 2023 have an average maturity of 13 to 26 days. 65 339 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS (Continued) G. Credit Risk Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the actual rating as of June 30, 2023, for each of the Primary Government’s investment types as provided by Moody’s investment rating system, except as noted: Investment Type Aaa Aaa-mf Aa1-Aa3 A1-A3 P-1 Total City and Fiduciary: Federal Agency Securities $53,377,754 $53,377,754 Money Market Funds $35,086,693 35,086,693 Corporate Medium Term Notes 4,721,012 $10,400,108 $39,701,554 54,822,674 Negotiable Certificates of Deposit $3,994,592 3,994,592 Asset-Backed Securities 9,853,700 9,853,700 Supranational Obligations 6,093,964 6,093,964 Totals $74,046,430 35,086,693$ 10,400,108$ 39,701,554$ 3,994,592$ 163,229,377 City and Fiduciary: Not rated: Asset-Backed Securities 8,473,851 (A) Local Agency Investment Fund 108,562,894 Exempt from credit rating disclosure: U.S. Treasury Notes 58,513,201 U.S. Treasury Bills 67,543,129 Not rated: Local Agency Investment Fund 3,505,040 Total Investments $409,827,492 South San Francisco Conference Center: (A) Investments are not rated by Moody’s, but are rated AAA by Standard and Poor’s or Fitch investment rating systems. 66 340 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 2 – CASH AND INVESTMENTS (Continued) H. Fair Value Hierarchy The City categorized its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure fair value of assets. Level 1 inputs are quoted prices in an active market for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 inputs are significant unobservable inputs. The following is a summary of the fair value hierarchy of the fair value of investments of the City as of June 30, 2023: Level 2 Total Investments by Fair Value Level: City and Fiduciary: U.S. Treasury Notes $58,513,201 $58,513,201 U.S. Treasury Bills 67,543,129 67,543,129 Federal Agency Securities 53,377,754 53,377,754 Corporate Medium Term Notes 54,822,674 54,822,674 Negotiable Certificates of Deposit 3,994,592 3,994,592 Asset Backed Securities 18,327,551 18,327,551 Supranational Obligations 6,093,964 6,093,964 Totals $262,672,865 262,672,865 Investments Measured at Amortized Cost: City and Fiduciary: Money Market Mutual Funds 35,086,693 Investments Exempt from Fair Value Hierarchy: City and Fiduciary: Local Agency Investment Fund 108,562,894 South San Francisco Conference Center: Local Agency Investment Fund 3,505,040 Total Investments $409,827,492 All Investments classified in Level 2 of the fair value hierarchy are valued using various pricing techniques maintained by Interactive Data Pricing, including benchmark curves, sector groupings and matrix pricing. These prices are obtained from various pricing sources by the City’s investment manager. Money market funds were reported at amortized cost. 67 341 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 3 – CAPITAL ASSETS A.Capital Asset Changes – Changes in capital assets during the fiscal year consist of: Balance June 30, 2022 Additions Retirements Transfers Balance June 30, 2023 Governmental activities Capital assets not being depreciated: Land $72,249,423 ($11,195)$72,238,228 Construction in Progress 241,858,363 $75,281,392 ($56,225,451) 260,914,304 Total capital assets not being depreciated 314,107,786 75,281,392 (11,195) (56,225,451) 333,152,532 Capital assets being depreciated: Buildings and Improvements 97,370,638 (350,681) 53,472,577 150,492,534 Infrastructure - Streets 205,595,834 2,752,874 208,348,708 Infrastructure - Storm Drains 8,927,492 8,927,492 Infrastructure - Traffic Control Devices 12,591,370 12,591,370 Equipment and Vehicle 7,390,599 141,250 (148,921)7,382,928 Furniture and Fixtures 2,614,215 2,614,215 Total capital assets being depreciated 334,490,148 141,250 (499,602) 56,225,451 390,357,247 Less accumulated depreciation for: Buildings and Improvements (47,449,864) (3,081,797) 212,273 (50,319,388) Infrastructure - Streets (121,685,176) (5,271,961)(126,957,137) Infrastructure - Storm Drains (4,184,561) (204,500)(4,389,061) Infrastructure - Traffic Control Devices (5,240,019) (503,305)(5,743,324) Equipment and Vehicle (6,767,147) (48,987) 148,921 (6,667,213) Furniture and Fixtures (1,978,675) (80,047)(2,058,722) Total accumulated depreciation (187,305,442) (9,190,597) 361,194 (196,134,845) Net Governmental Fund Capital Assets Being Depreciated 147,184,706 (9,049,347) (138,408)56,225,451 194,222,402 Internal Service Fund Capital Assets Capital assets being depreciated: Equipment and Vehicle 17,378,330 1,979,957 (855,261)18,503,026 Accumulated depreciation (12,975,773) (1,045,253) 846,500 (13,174,526) Net Internal Service Fund Capital Assets Being Depreciated 4,402,557 934,704 (8,761)5,328,500 Governmental activities capital assets, net $465,695,049 $67,166,749 ($158,364)$532,703,434 Total capital assets not being depreciated $314,107,786 $75,281,392 ($11,195) ($56,225,451) $333,152,532 Net capital assets being depreciated 151,587,263 (8,114,643) (147,169)56,225,451 199,550,902 Governmental activities capital assets, net $465,695,049 $67,166,749 ($158,364)$532,703,434 68 342 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 3 – CAPITAL ASSETS (Continued) Balance Balance June 30, 2022 Additions June 30, 2023 Business-type activities Capital assets, not being depreciated: Land $794,587 $794,587 Construction in Progress 83,983,455 $2,207,346 86,190,801 Total capital assets not being depreciated 84,778,042 2,207,346 86,985,388 Capital assets being depreciated: Buildings and Improvements 80,173,059 80,173,059 Clean Water Facilities and Lines 79,862,094 79,862,094 Infrastructure - Storm Drains 6,216,365 6,216,365 Infrastructure - Streets 7,377,546 7,377,546 Equipment and Vehicle 18,455,546 18,455,546 Furniture and Fixtures 31,154 31,154 Total capital assets being depreciated 192,115,764 192,115,764 Less accumulated depreciation for: Buildings and Improvements (24,872,437) (2,052,556) (26,924,993) Clean Water Facilities and Lines (36,990,806) (2,649,003) (39,639,809) Infrastructure - Storm Drains (1,758,712) (187,980) (1,946,692) Infrastructure - Streets (2,678,971) (209,570) (2,888,541) Equipment and Vehicle (14,183,722) (662,933) (14,846,655) Furniture and Fixtures (31,154)(31,154) Total accumulated depreciation (80,515,802) (5,762,042) (86,277,844) Net capital assets being depreciated 111,599,962 (5,762,042) 105,837,920 Business-type activities capital assets, net $196,378,004 ($3,554,696) $192,823,308 Balance Balance June 30, 2022 Additions Retirements June 30, 2023 Component Unit: South San Francisco Conference Center Depreciable: Buildings and Improvements $10,909,288 $19,250 $10,928,538 Furniture and Fixtures 932,393 932,393 Machinery and Equipment 599,715 599,715 Total Depreciable 12,441,396 19,250 12,460,646 Right of Use Assets: Leased Land 8,351,928 8,351,928 20,793,324 19,250 20,812,574 Less accumulated depreciation and amortization Depreciable (10,455,226) (578,553)(11,033,779) Leased Land (6,681,543) (278,397)(6,959,940) (17,136,769) (856,950)(17,993,719) Component Unit Capital Assets, Net $3,656,555 ($837,700)$2,818,855 69 343 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 3 – CAPITAL ASSETS (Continued) B.Capital Asset Contributions – Some capital assets may have been acquired using federal and State grant funds, or were contributed by developers or other governments. Contributed capital assets are valued at their estimated acquisition value on the date contributed. Generally accepted accounting principles require that these contributions be accounted for as revenues at the time the capital assets are contributed. C.Depreciation Allocation – Depreciation expense is charged to functions and programs based on their usage of the related assets. The amounts allocated to each function or program are as follows: Governmental Activities Governmental functions General government $722,769 Fire 314,162 Police 562,031 Public works 6,926,349 Parks and recreation 555,222 Library 58,455 Economic and community development 51,609 Total Governmental Functions 9,190,597 Internal Service Funds 1,045,253 Total Governmental Activities $10,235,850 Business-Type Activities Sewer Enterprise $5,475,767 Parking District 252,624 Storm Water 33,651 Total Business-Type Activities $5,762,042 NOTE 4 – INTER-FUND TRANSACTIONS A.Internal Balances Internal balances are presented in the entity-wide financial statements only. They represent the net interfund receivables and payables remaining after the elimination of all such balances within governmental and business-type activities. 70 344 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 4 – INTER-FUND TRANSACTIONS (Continued) B.Inter-Fund Receivables and Payables Amounts due to or due from other funds reflect inter-fund balances for services rendered or short- term loans expected to be repaid in the next fiscal year. Due From Other Fund Due to Other Fund Amount General Fund Capital Improvement Capital Projects Fund $380,000 Community Development Block Grant Special Revenue Fund 100,000 $480,000 C.Transfers Transfers between funds during the fiscal year ended June 30, 2023 were as follows: FROM FUND (OUT) TO FUND (IN)AMOUNT General Fund Capital Improvement Capital Projects Fund $1,743,360 Capital Improvement Civic Campus Capital Projects Fund 1,078,591 Storm Water Enterprise Fund 250,000 Non-Major Governmental Funds 8,289,450 Retiree Health Benefits Internal Service Fund 450,000 American Rescue Plan Act Fund General Fund 1,970,000 Capital Improvement Capital Projects Fund 25,741 Capital Infrastructure Reserve Capital Projects Fund General Fund 2,056,400 Capital Improvement Capital Projects Fund 1,717,943 Sewer Enterprise Fund 3,000 Parking District Enterprise Fund 2,000 Storm Water Enterprise Fund 1,550,000 Capital Improvements Orange Memorial Park Non-major Governmental Funds 3,175,615 Non-Major Governmental Funds General Fund 1,257,282 Capital Improvement Capital Projects Fund 7,025,617 Storm Water Enterprise Fund 694,778 Equipment Replacement Internal Service Fund 598,442 Capital Improvement Civic Campus Capital Projects Fund 1,820,141 Sewer Enterprise Fund Capital Improvement Capital Projects Fund 304,441 Total $34,012,801 71 345 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT A. Current Year Transactions and Balances A summary of governmental and business-type activities transactions for the fiscal year ended June 30, 2023 follows: Authorized and Balance at Balance at Current Issued June 30, 2022 Additions Retirement June 30, 2023 Portion Governmental Activities Lease Revenue Bonds: 2020A Police Station Project, 4.00 to 5.00% (1)$43,905,000 $41,990,000 $1,030,000 $40,960,000 $1,080,000 Plus: Unamortized bond premium 9,104,471 379,353 8,725,118 2021A Community Civic Campus Project, 4.00% (2)86,410,000 84,200,000 2,155,000 82,045,000 2,240,000 Plus: Unamortized bond premium 17,391,902 724,663 16,667,239 2022A Orange Memorial Park Project, 4.00 to 5.25% (3)65,420,000 65,420,000 65,420,000 Plus: Unamortized bond premium 6,686,317 278,597 6,407,720 Total Lease Revenue Bonds 195,735,000 224,792,690 4,567,613 220,225,077 3,320,000 Direct Borrowing: 2007 Loans Payable to the Successor Agency (4) 2,150,152 100,000 2,050,152 Leases Financings (5): 2013 Fire Truck 144,637 144,637 Total Leases Financings 144,637 144,637 Total Direct Borrowing 2,294,789 244,637 2,050,152 Net Governmental Long-Term Debt $195,735,000 $227,087,479 $4,812,250 $222,275,229 $3,320,000 Business-Type Activities Revenue Bonds: 2005 Water and Wastewater Revenue Bonds, $6,000,000 $1,980,000 $360,000 $1,620,000 $375,000 2.75 to 4.75%, due 04/30/26 (6) Direct Borrowing: 1999 State Water Resources Loan, 2.6%, due 8/1/22 (7) 47,721,252 3,190,468 3,190,468 2004 State Water Resources Loan, 2.5%, due 1/1/27 (7) 21,258,529 5,274,483 1,270,190 4,004,293 1,301,944 2008 State Water Resources Loan, 2.4%, (8) 9,164,505 3,699,492 491,650 3,207,842 503,449 2018 State Water Resources Loan, 1.8% (9) 53,403,000 48,635,007 $6,599,936 4,000,000 51,234,943 2,187,808 Total Direct Borrowing 131,547,286 60,799,450 6,599,936 8,952,308 58,447,078 3,993,201 Net Business-Type Long-Term Debt $137,547,286 $62,779,450 $6,599,936 $9,312,308 $60,067,078 $4,368,201 (1)2020A Lease Revenue Bonds – In February 2020, the City of South San Francisco Public Facilities Financing Authority entered into a $43.9 million lease agreement to finance costs of the acquisition, construction, and installation of certain capital improvements constituting the new City police station, located within the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2020A Bonds. The Series 2020A Bonds are equally and ratably payable from base rental payments to be made by the City for the right to use certain real property consisting of a City-owned parking garage and a City-owned park. The lease agreement contains provisions that in an event of default, the lessor may exercise any and all remedies available to it under the lease agreement, including the right to enforce the terms of the lease. 72 346 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT (Continued) (2) 2021A Lease Revenue Bonds – In May 2021, the City of South San Francisco Public Facilities Financing Authority entered into a $86.4 million lease agreement to finance costs of the acquisition, construction, and installation of certain capital improvements constituting a new City library, council chamber, parks and recreation facilities, and a community theater to be located within the City’s new Civic Center Campus, street and roadway improvements located within the City, solar equipment to be located on City property, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2021A Bonds. The Series 2021A Bonds are equally and ratably payable from base rental payments to be made by the City for the right to use certain real property consisting of the same City-owned parking garage and City-owned park pledged under the 2020A Bonds and six additional properties, including the property on which the first two phases of the Community Civic Campus project is being constructed. The lease agreement contains provisions that in an event of default, the lessor may exercise any and all remedies available to it under the lease agreement, including the right to enforce the terms of the lease. (3) 2022A Lease Revenue Bonds – In May 2022, the City of South San Francisco Public Facilities Financing Authority entered into a $65.4 million lease agreement to finance costs of the acquisition, construction and installation of certain capital improvements of the City to be located at the City-owned Orange Memorial Park and pay the costs incurred in connection with the issuance of the Series 2022A Bonds. The Series 2022A Bonds are equally and ratably payable from base rental payments to be made by the City for the right to use certain real property consisting of the same properties pledged under the 2021A Bonds. The lease agreement contains provisions that in an event of default, the lessor may exercise any and all remedies available to it under the lease agreement, including the right to enforce the terms of the lease. (4) As of June 30, 2023, the Oyster Point Improvements Impact Fund owed the Successor Agency (formerly the Merged Redevelopment Project Area Capital Project Fund) for developer fees in the amount of $2,050,152 for the Flyover and Hookramps Projects that were completed in prior years. The outstanding balance will be paid off from the future developer fees. With the dissolution of the Agency effective January 31, 2012, the Successor Agency assumed the asset which the City is to repay. This payable is recorded as a long-term obligation (see also Note 14). Prior to the dissolution of all Redevelopment Agencies in California by the State, the former Redevelopment Agency (Agency) advanced $12,176,207 to the Oyster Point Improvement Impact Fee Capital Projects Fund (the Oyster Point Fund). The impact fees are collected according to a fee methodology adopted under the terms of AB 1600. The fees are assessed against commercial development in a specific geographic area that is primarily east of Highway 101 to repay the former Agency for the funds it advanced to the Oyster Point Fund to pay for freeway interchange improvements at Highway 101 and Oyster Point Blvd, and are assessed per an adopted Engineering report's formula that measures each new development's impact on the area's trip traffic. While the former Agency advanced the funds, the impact fee was put in place specifically to charge future developers for their share of traffic trips generated prior to the construction of the improvements. When the Agency was dissolved, the Successor Agency, and therefore, all local taxing entities, are entitled to receive future Oyster Point Impact fees collected by the City from developers. Future developers, not the City of South San Francisco, are legally obligated to pay the future fees until the liability owed to the Successor Agency is paid off as long as the fee continues to be levied and is in place. The repayment has significantly slowed since 2007, as development has subsided and fees assessed have therefore dropped. Management believes it may take 10-30 years or more before the Successor Agency is fully paid back. 73 347 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT (Continued) (5) The City has entered into long-term lease financing agreements with various financing agencies. Under these leases, all leased assets shall be distributed to the City at the end of the lease terms and shall thereafter remain the sole property of the City. Therefore, these leases have been recorded at the present value of the future minimum lease payments at the date of inception of the lease, and the corresponding assets have been included in the Statement of Net Position as appropriate. Lease financing payments are made from revenues of the Equipment Replacement Internal Service Fund and the General Fund. The lease agreements contain provisions that in an event of default, the lessor may (a) seize the properties, (b) sell or lease the properties or (c) exercise any and all remedies available to it under applicable law, including the right to enforce the terms of the lease, recover damages from the breach of the lease, and rescind the lease as to any portion of or all of the properties. The final payment on the lease financing agreements was made during the year ended June 20, 2023. (6) On October 25, 2005, the California Statewide Communities Development Authority issued 2005D Water and Wastewater Revenue Bonds. The City participated in the pooled bond sale and the City’s portion of the debt is $6,000,000. Proceeds were used to finance sewer system capital improvement. The principal payments on the debt commenced in October 2006 and principal is due each October 1. The final principal payment is due on October 1, 2026. Interest payments ranging from the rates of 2.75% to 4.75% are payable semi-annually each April 1 and October 1. As of June 30, 2023, the City is in compliance with the provisions of Article VI of the Installment Purchase Agreement associated with the 2005D Bonds. The 1999 and 2004 State Water Resources Loans and the 2005D Water and Wastewater Revenue Bonds are secured by a pledge of net revenues of the City’s Sewer Enterprise Fund. Net Revenues available for debt service amounted to $7.9 million which represented coverage of 1.52 over the $5,218,915 in total debt service. (7) Two loans were authorized by the State Water Resources Control Board (SWRCB) in 1999 and 2004 to improve and expand the City’s wastewater treatment plant. Loan proceeds were issued as the projects progressed and debt service payments commenced one year after project completion. The loan agreements include provisions that in an event of default, all principal payments shall be immediately due and payable, interests on all amounts owed shall be paid at the highest legal rate, any additional payments shall be made and SWRCB shall enforce its rights under the agreements by any judicial proceeding, whether in law or equity. The final payment on the 1999 loan agreement was made during the year ended June 30, 2023. (8) 2008 State Water Resources Control Board Loan – In November 2007, the City approved the $11.8 million loan agreement with the SWRCB to finance the City’s Wet Weather Program project. Under the terms of the contract, the City has agreed to repay $11.8 million to the State in exchange for receiving $9.2 million in proceeds to be used to fund the Project. The difference between the repayment obligation and proceeds amounted to $2.6 million and represents in- substance interest on the outstanding balance. Debt service payments commenced on August 15, 2009. 74 348 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT (Continued) (9)2018 State Water Resources Control Board Loan – In September 2018, the City entered into a $53.4 million loan agreement with the SWRCB to finance the South San Francisco/San Bruno’s Water Quality Control Plant Wet Weather and Digester Project. A portion of this amount, $4 million, was anticipated to be forgiven on the date of completion of construction. Construction was completed in October 2022, and the $4 million was forgiven during the year ended June 30, 2023. For the remaining $49.4 million, under the terms of the loan agreement the City has agreed to repay $59.2 million to the State. The difference between the repayment obligation and proceeds amounted to $9.8 million and represents in-substance interest on the outstanding balance. As of June 30, 2023, the City has completed the drawn down from SWRCB. There was no debt service payment required in fiscal year 2023, with the first debt service payment due in fiscal year ending 2024. Future debt service is expected to average $3 million per year through fiscal year 2043. In the event default has occurred, the City shall, upon demand, immediately accelerate the payment of all principal owed under this loan agreement, if any, which shall be immediately due and payable; pay interest at the highest legal rate on all amounts owed; and pay any additional payments as defined in the loan agreement. The 2008 and 2018 loans are secured by a pledge of sewer service charge revenues of the City’s Sewer Enterprise Fund. Sewer service charge revenues available for debt service amounted to $23.2 million which represented coverage of 43 over the $543,443 in debt service. B. Debt Service Requirements Annual debt service requirements are shown below for all long-term debt with specified repayment terms: Governmental Activities Business-Type Activities For the Year Lease Revenue Bonds 2005 Water and Wastewater Revenue Bonds Ended June 30 Principal Interest Principal Interest 2024 $3,320,000 $8,205,338 $375,000 $71,625 2025 5,170,000 8,058,737 395,000 52,375 2026 5,410,000 7,826,538 415,000 32,125 2027 5,650,000 7,580,287 435,000 10,875 2028 5,910,000 7,322,988 2029-2033 33,620,000 32,540,187 2034-2038 41,590,000 24,572,888 2039-2043 51,355,000 14,805,087 2044-2048 36,400,000 3,295,475 188,425,000 $114,207,525 $1,620,000 $167,000 Plus: Unamortized bond premium 31,800,077 $220,225,077 75 349 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT (Continued) Future debt service requirements, including interest and leases financings, but excluding the 2007 Loan payable to the Redevelopment Successor Agency at June 30, 2023, were as follows: For the Year Governmental Activities Business-Type Activities Ended June 30 Principal Interest Principal Interest 2024 $3,993,201 $1,028,116 2025 4,038,083 988,269 2026 4,123,204 908,305 2027 2,808,110 826,622 2028 2,861,900 778,239 2029-2033 12,747,012 3,182,288 2034-2038 13,316,573 2,037,956 2039-2043 14,558,995 795,535 Totals 58,447,078 $10,545,330 2007 Loans Payable $2,050,152 $2,050,152 $58,447,078 Direct Borrowings Lease financing agreements are issued for the purpose of financing the construction or acquisition of projects defined in each leasing arrangement. Projects are leased to the City for lease payments which, together with unspent proceeds of the leasing arrangement, will be sufficient to meet the debt service obligations of the leasing arrangement. At the termination of the leasing arrangement, title to the project will pass to the City. Leasing arrangements are similar to debt; they allow investors to participate in a share of guaranteed payments which are made by the City. Because they are similar to debt, the present value of the total of the payments to be made by the City is recorded as long-term debt. The City’s leasing arrangements are included in long term obligations discussed above. A summary of capital assets leased through the issuance of leasing arrangements follows: Original Leasing Arrangement Fund/Activity Cost Capital Leases Governmental Activity $5,842,799 C. Legal Debt Margin The City is subject to a debt limit that is 3.75% of the total assessed value of property, net of exempt real property. At June 30, 2023, that amount was $1,039,891,525. As of June 30, 2023, the City did not have any outstanding debt applicable to the limit. 76 350 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 5 – LONG-TERM DEBT (Continued) D. Debt without City Commitment In April 2022 the Community Facilities District No. 2021-01 Special Tax Bonds, Series 2022 in the amount of $19,685,000 were issued by the City of South San Francisco Community Facilities District No. 2021-01. The City is the collecting and paying agent for the debt issued by the District, but has no direct or contingent liability or moral obligation for the payment of this debt. As of June 30, 2023 the outstanding balance of the issue was $19,685,000. NOTE 6 – NET POSITION AND FUND BALANCES A. Net Position Net Position is the excess of all the City’s assets and deferred outflows of resources over all its liabilities and deferred inflows of resources, regardless of fund. Net Position is divided into three captions. These captions apply only to Net Position, which is determined only at the Government- wide level, and are described below: Net Investment in Capital Assets describes the portion of Net Position which is represented by the current net book value of the City’s capital assets, less the outstanding balance of any debt issued to finance these assets. Restricted describes the portion of Net Position which is restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions which the City cannot unilaterally alter. Unrestricted describes the portion of Net Position which is not restricted to use. B. Fund Balance The City’s fund balances are classified in accordance with generally accepted accounting principles which require the City to classify its fund balances based on spending constraints imposed on the use of resources. For programs with multiple funding sources, the City prioritizes and expends funds in the following order: Restricted, Committed, Assigned, and Unassigned. Each category in the following hierarchy is ranked according to the degree of spending constraint. Nonspendables represents balances set aside to indicate items do not represent available, spendable resources even though they are a component of assets. Fund balances required to be maintained intact, such as Permanent Funds, and assets not expected to be converted to cash, such as prepaids, notes receivable, and land held for redevelopment are included. However, if proceeds realized from the sale or collection of nonspendable assets are restricted, committed or assigned, then Nonspendable amounts are required to be presented as a component of the applicable category. Restricted fund balances have external restrictions imposed by creditors, grantors, contributors, laws, regulations, or enabling legislation which requires the resources to be used only for a specific purpose. Nonspendable amounts subject to restrictions are included along with spendable resources. 77 351 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 6 – NET POSITION AND FUND BALANCE (Continued) Committed fund balances have constraints imposed by Council Resolution of the City Council which may be altered only by Council Resolution of the City Council. Nonspendable amounts subject to council commitments are included along with spendable resources. Assigned fund balances are amounts constrained by the City’s intent to be used for a specific purpose, but are neither restricted nor committed. Intent is expressed by the City Council or its designee and may be changed at the discretion of the City Council or its designee. The City Council had delegated authority to the Finance Director to assign fund balances which are not otherwise restricted or committed. This category includes nonspendables, when it is the City’s intent to use proceeds or collections for a specific purpose, and residual fund balances, if any, of Special Revenue, Capital Projects and Debt Service Funds which have not been restricted or committed. Unassigned fund balance represents residual amounts that have not been restricted, committed, or assigned. This includes the residual general fund balance and residual fund deficits, if any, of other governmental funds. Minimum Fund Balance Policies – The City’s Reserve Policy is to have the General Fund Reserves equal to at least two months of operating revenues of 15% and up to 20%, which is in alignment with GFOA best practices. Included is an emergency reserve that reflects 2% of the general fund operating expenditures budget as well as an economic contingency which is 7% of general fund revenues. Funds in excess of these requirements will continue to be earmarked for paying down long-term liabilities, such as the Retiree Health/Other Post-Employment Benefits (OPEB) or for Infrastructure and Facilities Replacement needs. Detailed classifications of the City’s Fund Balances, as of June 30, 2023, are below: Capital Project Funds Capital Capital Capital General Capital Infrastructure Improvements Improvements Fund Balance Classifications Fund Improvement Reserve Fund Police Station Civic Campus Nonspendables: Items not in spendable form: Inventory and prepaid items $574 Leases 476,548 Total Nonspendable Fund Balances 477,122 Restricted for: Civic campus projects $3,509,832 $5,703,795 Police station projects $331,784 Redevelopment and community development activities 2,823,118 Total Restricted Fund Balances 2,823,118 3,509,832 331,784 5,703,795 Committed for: Capital projects 3,775,873 Local services 16,760,780 Total Committed Fund Balances 20,536,653 Assigned to: Capital projects 8,661,539 Capital infrastructure projects $20,229,463 Total Assigned Fund Balances 8,661,539 20,229,463 Unassigned: General fund 56,060,734 Other fund deficits (1,004,155) Total Unassigned Fund Balances 56,060,734 (1,004,155) Total Fund Balances $88,559,166 $2,505,677 $20,229,463 $331,784 $5,703,795 78 352 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 6 – NET POSITION AND FUND BALANCE (Continued) Capital Projects Fund Capital Improvements Other Orange Governmental Fund Balance Classifications (continued) Memorial Park Funds Restricted for: Civic campus projects $57,804,106 Gas Tax projects $498,414 Developer contributions projects 8,829,153 Community Development Block Grant projects 44,105 Maintenance districts projects 5,190,723 Transportation sales tax projects 5,678,973 City programs projects 19,935,351 Low and moderate housing projects 2,942,263 Other Special Revenues projects 10,569,333 Capital projects activities 83,219,253 Total Restricted Fund Balances 57,804,106 136,907,568 Total Fund Balances $57,804,106 $136,907,568 C. Encumbrances The City uses an encumbrance system as an extension of normal budgetary accounting for governmental funds. Under this system, purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of applicable appropriations. Encumbrances outstanding at year-end are recorded as restricted, committed or assigned fund balance, depending on the classification of the resources to be used to liquidate the encumbrance, since they do not constitute expenditures or liabilities. Unexpended appropriations lapse at year-end and must be reappropriated in the following year. Encumbrances outstanding in governmental funds as of June 30, 2023, were as listed below: Governmental funds:Amount General Fund $8,663,789 Capital Improvement Capital Projects Fund 24,244,690 Capital Infrastructure Reserve Capital Projects Fund 1,617,350 Capital Improvements Police Station Capital Projects Fund 247,048 Capital Improvements Civic Campus Capital Projects Fund 9,970,796 Capital Improvements Orange Memorial Park 4,057,041 Other Governmental Funds 2,901,566 Total $51,702,280 79 353 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLANS For purposes of measuring the net pension liability and deferred outflows/inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City’s California Public Employees’ Retirement System (CalPERS) plans (Plans) and additions to/deductions from the Plans’ fiduciary net position have been determined on the same basis as they are reported by the CalPERS Financial Office. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. A. General Information about the Pension Plans Plan Descriptions – All qualified permanent and probationary employees are eligible to participate in the City’s separate Safety (police and fire) and Miscellaneous (all other) Plans, agent multiple-employer defined benefit pension plans administered by the California Public Employees’ Retirement System (CalPERS), which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plans are established by State statute and City resolution. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website. Benefits Provided – CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The death benefit is one of the following: the Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost of living adjustments for each plan are applied as specified by the Public Employees’ Retirement Law. 80 354 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) The Plans’ provisions and benefits in effect at June 30, 2023, are summarized as follows: Miscellaneous Classic Plan* Tier 2 Plan* PEPRA Plan Prior to After On or after Hire date April 25, 2010 April 25, 2010 January 1,2013 Benefit formula 2.7% @ 55 2% @ 60 2% @ 62 Benefit vesting schedule 5 years service 5 years service 5 years service Benefit payments monthly for life monthly for life monthly for life Retirement age 50 - 55 50 - 63 52 - 67 Monthly benefits, as a % of eligible compensation 2.0% to 2.7% 1.092% to 2.418% 1.0% to 2.5% Required employee contribution rates 8% 7% 6.5% Required employer contribution rates 9.53% 9.53% 9.53% Required Unfunded Actuarial Liability Contribution $7,533,535 * Effective July 2021, Classic Plan and Tier 2 Plan members in the Executive Management Unit are required to pay an additional 2% for their share of pension costs. Safety Classic Plan ** Tier 2 Plan ** PEPRA Plan Hire date Prior to April 25, 2010 After April 25, 2010 On or after January 1, 2013 Benefit formula 3% @ 50 3% @ 55 2.7% @ 57 Benefit vesting schedule 5 years service 5 years service 5 years service Benefit payments monthly for life monthly for life monthly for life Retirement age 50 50 - 55 50 - 57 Monthly benefits, as a % of eligible compensation 3% 2.4% to 3.0% 2.0% to 2.7% Required employee contribution rates 9% 9% 11.5% Required employer contribution rates 20.45% 20.45% 20.45% Required Unfunded Actuarial Liability Contribution $10,143,798 ** Effective October 2018, Classic Plan and Tier 2 Plan members in the Executive Management Unit are required to pay an additional 2% for their share of pension costs. Beginning in fiscal year 2016, CalPERS collects employer contributions for the Plan as a percentage of payroll for the normal cost portion as noted in the rates above and as a dollar amount for contributions toward the unfunded liability (UAL). The dollar amounts are billed on a monthly basis or the City can elect a lump sum payment option. The City’s required contributions for the unfunded liability in the Miscellaneous and Safety Plans for the year ended June 30, 2023 were $7,533,535 and $10,143,798, respectively, which were made under the lump sum payment option. In addition, the City made additional contributions toward the unfunded liability of $304,000 to each Plan during the year ended June 30, 2023. Employees Covered – As of the June 30, 2021 actuarial valuation date and the June 30, 2022 measurement date, the following employees were covered by the benefit terms for the Plans: Miscellaneous Safety Inactive employees or beneficiaries currently receiving benefits 496 315 Inactive employees entitled to but not yet receiving benefits 393 99 Active employees 287 152 Total 1,176 566 81 355 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) Contributions – Section 20814(c) of the California Public Employees’ Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CalPERS. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. Employer contribution rates may change if plan contracts are amended. Payments made by the City to satisfy contribution requirements that are identified by the Plan terms as Plan member contribution requirements are classified as Plan member contributions. B. Net Pension Liability The City’s net pension liability for each Plan is measured as the total pension liability, less the pension plan’s fiduciary net position. The net pension liability of each Plan is measured as of June 30, 2022, using an annual actuarial valuation as of June 30, 2021 rolled forward to June 30, 2022 using standard update procedures. The long-term portion of governmental activities net pension liability is liquidated primarily by the General Fund. A summary of principal assumptions and methods used to determine the net pension liability is shown below. Actuarial Assumptions – The total pension liabilities as of the June 30, 2022 measurement date were based on the following actuarial assumptions: Valuation Date Measurement Date Actuarial Cost Method Actuarial Assumptions: Discount Rate Inflation Payroll Growth Salary Increase Investment Rate of Return Mortality Post Retirement Benefit Increase (1) Actuarial assumptions are the same for all benefi tiers (Classic Tier 1, Classic Tier II, and PEPRA) (2) Depending on age, service and type of employment. (3) Net of pension plan investment expenses, including inflation. Miscellaneous and Safety (1) 6/30/2021 6/30/2022 Entry-Age Normal Cost Method 6.90% (4) The mortality table used was developed based on CalPERS' specific data. The probabilities of mortality are based on the 2021CalPERS Experience Study forthe period from2001to 2019. Pre-retirement and post-retirement mortality rates include generationalmortality improvement using 80% of Scale MP-2020 published by the Society ofActuaries. Formore details on this table,please referto the CalPERSExperience Study and Review ofActuarial Assumptions report from November 2021 that can be found on the CalPERS website. 2.30% (2) 6.90% (3) The lesser of contract COLA or 2.30% until Purchasing Power Protection Allowance Floor on Purchasing Power applies, 2.30% thereafter Derived using CalPERS Membership Data for all Funds (4) 2.80% 82 356 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) The underlying mortality assumptions and all other actuarial assumptions used in the June 30, 2021 valuation were based on the results of a November 2021 actuarial experience study for the period 2001 to 2019. Further details of the Experience Study can be found on the CalPERS website. Discount Rate – The discount rate used to measure the total pension liability was 6.90%. The projection of cash flows used to determine the discount rate for each Plan assumed that contributions from all plan members in the Public Employees Retirement Fund (PERF) will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, each Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members for all plans in the PERF. Therefore, the long- term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability for each Plan. The long- term expected rate of return on pension plan investments was determined using a building- block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. In determining the long- term expected rate of return, CalPERS took into account both short- term and long- term market return expectations. Using historical returns of all the fund’s asset classes, expected compound (geometric) returns were calculated over the next 20 years using a building- block approach. The expected rate of return was then adjusted for assumed administrative expenses of 10 basis points. 83 357 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) The expected real rates of return by asset class are as follows: Asset Class (a) Assumed Asset Allocation Real Return (a), (b) Global Equity-Cap Weighted 30.0% 4.54% Global Equity-Non-Cap Weighted 12.0% 3.84% Private Equity 13.0% 7.28% Treasury 5.0% 0.27% Mortgage-backed Securities 5.0% 0.50% Investment Grade Corporates 10.0% 1.56% High Yield 5.0% 2.27% Emerging Market Debt 5.0% 2.48% Private Debt 5.00% 3.57% Real Assets 15.00% 3.21% Leverage -5.00% -0.59% Total 100% (a) An expected inflation of 2.30% used for this period. (b)Figures are based on the 2021 Asset Liability Management study. Changes of Assumptions – Effective with the June 30, 2021 valuation date (2022 measurement date), the accounting discount rate was reduced from 7.15% to 6.90%. In determining the long- term expected rate of return, CalPERS took into account long-term market return expectations as well as the expected pension fund cash flows. Projected returns for all asset classes are estimated, combined with risk estimates, and are used to project compound (geometric) returns over the long term. The discount rate used to discount liabilities was informed by the long-term projected portfolio return. In addition, demographic assumptions and the inflation rate assumption were changed in accordance with the 2021 CalPERS Experience Study and Review of Actuarial Assumptions. 84 358 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) C. Changes in the Net Pension Liability The changes in the Net Pension Liability for each Plan are as follows: Miscellaneous Plan: Increase (Decrease) Total Pension Liability Plan Fiduciary Net Position Net Pension Liability/(Asset) Balance at June 30, 2021 (Measurement Date)$264,236,232 $202,373,505 $61,862,727 Changes in the year: Service cost 4,896,807 4,896,807 Interest on the total pension liability 18,379,820 18,379,820 Changes of benefit terms Changes of assumptions 7,856,877 7,856,877 Differences between actual and expected experience (893,635) (893,635) Plan to plan resource movement Contribution - employer 9,491,964 (9,491,964) Contribution - employees 2,293,651 (2,293,651) Net investment income (15,367,557) 15,367,557 Benefit payments, including refunds of employee contributions (14,547,349) (14,547,349) Administrative expenses (126,067) 126,067 Other Miscellaneous Income/(Expense) Net changes 15,692,520 (18,255,358) 33,947,878 Balance at June 30, 2022 (Measurement Date)$279,928,752 $184,118,147 $95,810,605 Safety Plan: Increase (Decrease) Total Pension Liability Plan Fiduciary Net Position Net Pension Liability/(Asset) Balance at June 30, 2021 (Measurement Date)$376,140,913 $293,624,138 $82,516,775 Changes in the year: Service cost 7,567,350 7,567,350 Interest on the total pension liability 26,419,737 26,419,737 Changes of benefit terms Changes of assumptions 12,584,955 12,584,955 Differences between actual and expected experience (684,769)(684,769) Plan to plan resource movement Contribution - employer 13,387,919 (13,387,919) Contribution - employees 2,886,541 (2,886,541) Net investment income (22,271,961) 22,271,961 Benefit payments, including refunds of employee contributions (17,860,080) (17,860,080) Administrative expenses (182,910)182,910 Other Miscellaneous Income/(Expense) Net changes 28,027,193 (24,040,491) 52,067,684 Balance at June 30, 2022 (Measurement Date)$404,168,106 $269,583,647 $134,584,459 Grand Total - Both Plans $684,096,858 $453,701,794 $230,395,064 85 359 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) Sensitivity of the Net Pension Liability to Changes in the Discount Rate – The following presents the net pension liability of the City for each Plan, calculated using the discount rate for each Plan, as well as what the City’s net pension liability would be if it were calculated using a discount rate that is 1-percentage point lower or 1-percentage point higher than the current rate: Miscellaneous Safety 1% Decrease 5.90% 5.90% Net Pension Liability $132,741,036 $189,849,785 Current Discount Rate 6.90% 6.90% Net Pension Liability $95,810,605 $134,584,459 1% Increase 7.90% 7.90% Net Pension Liability $65,402,680 $89,326,118 Pension Plan Fiduciary Net Position – Detailed information about each pension plan’s fiduciary net position is available in the separately issued CalPERS financial reports. D.Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions For the year ended June 30, 2023, the City recognized pension expense of $11,577,776 and $17,686,519 for the Miscellaneous and Safety Plans, respectively, for total pension expense of $29,264,295. At June 30, 2023, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Miscellaneous Plan: Deferred Outflows Deferred Inflows of Resources of Resources Pension contributions subsequent to measurement date $10,675,386 Changes of assumptions 5,147,609 Differences between actual and expected experience 264,171 ($585,485) Net differences between projected and actual earnings on plan investments 9,222,206 Total $25,309,372 ($585,485) Safety Plan: Deferred Outflows Deferred Inflows of Resources of Resources Pension contributions subsequent to measurement date $15,352,613 Changes of assumptions 8,389,970 Differences between actual and expected experience 696,580 ($456,513) Net differences between projected and actual earnings on plan investments 13,538,533 Total $37,977,696 ($456,513) Grand Total $63,287,068 ($1,041,998) 86 360 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 7 – PENSION PLAN (Continued) $26,027,999 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2024. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows: Miscellaneous Plan: Year Ended Annual June 30 Amortization 2024 $4,133,247 2025 3,461,131 2026 611,256 2027 5,842,867 Safety Plan: Year Ended Annual June 30 Amortization 2024 $6,785,872 2025 5,954,090 2026 936,489 2027 8,492,119 E.Reduction of CalPERS Discount Rate On July 12, 2021, CalPERS reported a preliminary 21.3% net return on investments for fiscal year 2021-22. Based on the thresholds specified in CalPERS Funding Risk Mitigation policy, the excess return of 14.3% prescribes a reduction in investment volatility that corresponds to a reduction in the discount rate used for funding purposes of 0.20%, from 7.00% to 6.80%. Since CalPERS was in the final stages of the four-year Asset Liability Management (ALM) cycle, the CalPERS Board elected to defer any changes to the asset allocation until the ALM process concluded, and the board could make its final decision on the asset allocation in November 2021. On November 17, 2021, the board adopted a new strategic asset allocation. The new asset allocation along with the new capital market assumptions, economic assumptions and administrative expense assumption support a discount rate of 6.90% (net of investment expense, but without a reduction for administrative expense) for financial reporting purposes. This includes a reduction in the price inflation assumption from 2.50% to 2.30% as recommended in the November 2021 CalPERS Experience Study and Review of Actuarial Assumptions. This study also recommended modifications to retirement rates, termination rates, mortality rates and rates of salary increases that were adopted by the CalPERS Board. These new assumptions are reflected in the CalPERS GASB 68 accounting valuation reports for the June 30, 2022 measurement date. 87 361 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 8 – DEFERRED COMPENSATION PLAN City employees may defer a portion of their compensation under a City sponsored Deferred Compensation Plan created in accordance with Internal Revenue Code Section 457. Under this Plan, participants are not taxed on the deferred portion of their compensation until it is distributed to them; distributions may be made only at termination, retirement, death or in an emergency as defined by the Plan. The City does not make any contributions to the Plan. The City has no liability for any losses incurred by the Plan and does not participate in any gains, but does have the duty of due care that would be required of an ordinary prudent investor. The City has a contract with Empower Retirement to manage and invest the assets of the Plan. The assets in the Plan are the sole property of the participants or their beneficiaries. Since the assets held under the Plan are not the City’s property and are not subject to claims by general creditors of the City, they have been excluded from these financial statements. The Plan requires investments to be stated at fair value and it requires all gains and losses on Plan investments to accrue directly to participant accounts. The laws governing deferred compensation plan assets require plan assets to be held by a Trust for the exclusive benefit of plan participants and their beneficiaries. Since the assets held under these plans are not the City’s property and are not subject to City control, they have been excluded from these financial statements. NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS A.General Information about the City’s Other Post Employment Benefit (OPEB) Plans The City provides certain health care benefits for all employees who retire after attaining age 50 with at least five years of service or disability at any age. The City provides certain health care benefits for those employees hired prior to April 25, 2010. In order to reduce the City’s OPEB obligations over time, the City changed to a defined contribution post-retirement health plan for employees hired as of April 25, 2010 or after. For those new hires, the City is now providing a medical after retirement health plan (MARA), and contributes 1.5% of salary for those employees. B.Defined Benefit Plan Description The City’s Post Employment Benefit Plan for employees hired prior to April 25, 2010 is an agent multiple-employer defined benefit OPEB plan. The City joined the California Employers’ Retiree Benefit Trust (CERBT), an agent multiple- employer plan administered by CalPERS, consisting of an aggregation of single-employer plans. The CERBT issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained from the California Public Employees’ Retirement System, CERBT, P.O. Box 942703, Sacramento, CA 94229-2703. 88 362 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS (Continued) Benefits provided – The following is a summary of Plan benefits by employee group as of June 30, 2023: Eligibility • Hired < 4/25/2010 • Retire directly from City and elect coverage: • Age 50 and 5 years City service or • Disability retirement with 5 years City service Benefit • City pays single premium up to largest HMO single premium Cap for 2022/23: - $1,430.80/month pre-65 (Blue Shield) - $785.04/month post-65 Medicare eligible (Blue Shield) - $1,971.53/ month post-65 not Medicare eligible (Kaiser) • Medicare ineligible retirees allowed to stay in their pre-Medicare premium plans after age 65 Surviving Spouse Benefit • Participation with premium payment • AFSCME, Local 1569, Mid-Management, IAFF • surviving spouses covered 2 months following death of retiree Other OPEB • City also reimburses Medicare Part B • No City-paid contribution for dental, vision, or life For the year ended June 30, 2023, the City’s contributions to the Plan were $5,551,201. Employees Covered by Benefit Terms – Membership in the plan consisted of the following at the measurement date of the June 30, 2022 measurement date: Active employees 167 Inactive employees or beneficiaries currently receiving benefit payments 360 Total 527 C. OPEB Liabilities, OPEB Expenses, and Deferred Outflows/Inflows of Resources Related to OPEB For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, information about the fiduciary net position of the City’s OPEB Plan and additions to/deductions from the OPEB Plan’s fiduciary net position have been determined on the same basis as they are reported by the California Employers’ Retiree Benefit Trust (CERBT). For this purpose, benefit payments are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. The long-term portion of governmental activities net OPEB liability is liquidated primarily by the General Fund. 89 363 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS (Continued) D. Net OPEB Liability Actuarial Methods and Assumptions – The City’s net OPEB liability was measured as of June 30, 2022 and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation dated June 30, 2021, rolled forward to June 30, 2022, based on the following actuarial methods and assumptions: Valuation Date • June 30, 2021 Measurement Date • June 30, 2022 Contribution Policy • City contributes $802,000 per year into trust Actuarial Cost Method • Entry Age Normal, Level Percentage of Payroll Amortization Method • Level dollar Amortization Period • Average of 19 years remaining for 2022/23 Asset Valuation Method • Investment gains and losses spread over 5-year rolling period • 6.25% at June 30, 2022 • 6.25% at June 30, 2021 • Expected City contributions projected to keep sufficient plan assets to pay all benefits from trust. Inflation • 2.50% per annum Salary Increases • Aggregate - 2.75% annually • Merit - CalPERS 1997-2015 Experience Study Healthcare/Medical Trend • Non-Medicare - 6.75% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years • Medicare (Non-Kaiser) - 5.85% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years • Medicare (Kaiser) - 4.75% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years Mortality, Retirement, Disability, Termin ation • CalPERS 1997-2015 Experience Study Mortality Improvement • Mortality projected fully generational with Scale MP-2021 Healthcare participation for future retirees • 100% if covered, 95% if waived Discount Rate and Long-Term Expected Rate of Return on Assets Actuarial Assumptions 90 364 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS (Continued) The long-term expected rate of return on OPEB plan investments was determined using a building- block method in which expected future real rates of return (expected returns, net of OPEB plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Long-Term Target Expected Real Asset Class Allocation Rate of Return Global equity 49.0% 4.56% Fixed income 23.0% 1.56% TIPS 5.0% -0.08% Commodities 3.0% 1.22% REITs 20.0% 4.06% Total 100.0% Assumed Long-Term Rate of Inflation 2.50% Expected Long-Term Net Rate of Return, Rounded 6.25% Discount Rate – The discount rate used to measure the total OPEB liability was 6.75%. The projection of cash flows used to determine the discount rate assumed that City contributions will be made at rates equal to actuarially determined contribution rates. Based on those assumptions, the OPEB plan’s fiduciary net position was projected to be available to make all projected OPEB payments for current active and inactive employees and beneficiaries. Therefore, the long-term expected rate of return on OPEB plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability. Changes of Assumptions – For the measurement date of June 30, 2022, the discount rate decreased from 6.75% to 6.25%, the inflation rate decreased from 2.75% to 2.50%, the payroll growth rate decreased from 3.00% to 2.75%, the medical trend rate for Kaiser Senior Advantage decreased from 7.0% to 6.75% and the mortality improvement scale was updated to Scale MP- 2021. 91 365 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS (Continued) E. Changes in Net OPEB Liability The changes in the net OPEB liability follows: Total OPEB Plan Fiduciary Net OPEB Liability Net Position Liability/(Asset) (a)(b)(a) - (b) Balance at June 30, 2021 Measurement Date $91,920,619 $33,801,461 $58,119,158 Changes Recognized for the Measurement Period: Service Cost 1,374,432 1,374,432 Interest on the total OPEB liability 5,703,844 5,703,844 Changes in benefit terms Differences between expected and actual experience Changes of assumptions Contributions from the employer 4,868,877 (4,868,877) Net investment income (4,575,167)4,575,167 Benefit payments (4,067,115) (4,067,115) Administrative expenses (8,575)8,575 Net changes 3,011,161 (3,781,980)6,793,141 Balance at June 30, 2022 Measurement Date $94,931,780 $30,019,481 $64,912,299 Increase (Decrease) F. Sensitivity of the Net OPEB Liability to Changes in the Discount Rate and Healthcare Cost Trend Rates The following presents the net OPEB liability of the City, as well as what the City's net OPEB liability would be if it were calculated using a discount rate that is 1-percentage-point lower (5.75%) or 1-percentage-point higher (7.75%) than the current discount rate: Net OPEB Liability/(Asset) Discount Rate -1% Current Discount Rate Discount Rate +1% (5.25%) (6.25%) (7.25%) $76,947,176 $64,912,299 $54,932,062 The following presents the net OPEB liability of the City, as well as what the City's net OPEB liability would be if it were calculated using healthcare cost trend rates that are 1-percentage-point lower or 1-percentage-point higher than the current healthcare cost trend rates as discussed in the assumptions above: Net OPEB Liability/(Asset) Current Healthcare Cost 1% Decrease Trend Rates 1% Increase $53,974,449 $64,912,299 $78,173,471 92 366 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 9 – OTHER POST-EMPLOYMENT BENEFITS (Continued) G.OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB For the year ended June 30, 2023, the City recognized OPEB expense of $4,509,586. At June 30, 2023, the City reported deferred outflows and inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Employer contributions made subsequent to the measurement date $5,551,201 Differences between actual and expected experience ($1,034,056) Changes in assumptions 448,781 (116,174) Net differences between projected and actual earnings on plan investments 2,461,726 Total $8,461,708 ($1,150,230) $5,551,201 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the OPEB liability in the year ended June 30, 2024. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized as part of OPEB expense as follows: Year Annual Ended June 30 Amortization 2024 ($260,204) 2025 421,246 2026 261,134 2027 1,338,101 H.Defined Contribution Plan The City of South San Francisco funded HRA Plan is a defined contribution OPEB plan for employees hired on or after April 25, 2010. For those new hires, the City provides a medical after retirement health plan (MARA), and contributes 1.5% of salary for those employees. In addition, employees contribute to the MARA plan as directed by their respective bargaining unit’s Memorandum of Understanding or compensation plan. The plan is administered by Matrix Trust Company. Employee contributions for the fiscal year totaled $397,012. Employer contributions of $601,585 were paid into the Defined Contribution Plan. No liability for the defined contribution has been included in the report since the City fully paid the annual required contribution. Since the assets held under this plan are not the City’s property and are not subject to claims by general creditors of the City, the assets have been excluded from these financial statements. 93 367 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 10 – LEASES A. Policies A lease is defined as a contract that conveys control of the right to use another entity’s nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. The City recognizes lease receivable or liabilities with an initial, individual value of $1,000,000 or more, based on the present value of future lease payments remaining at the start of the lease. Lessee – The City does not have any noncancellable leases of nonfinancial assets as of June 30, 2023, other than the financed purchase discussed in Note 5. The Conference Center Authority is a lessee for the noncancellable lease of the Conference Center from the City. At the commencement of a lease, City or Conference Center Authority recognize a lease liability and an intangible right‐to‐use lease asset (lease asset) in the government‐wide financial statements. At the commencement of a lease, the City or Conference Center Authority initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight‐line basis over its useful life. Key estimates and judgments related to leases include how the City or Conference Center Authority determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) lease term, and (3) lease payments as follows: • The City or Conference Center Authority uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the City or Conference Center Authority generally uses its respective estimated incremental borrowing rate as the discount rate for leases. • The lease term includes the noncancellable period of the lease. • Lease payments included in the measurement of the lease liability are composed of fixed payments and purchase option price that the City or Conference Center Authority is reasonably certain to exercise. The City and Conference Center Authority monitor changes in circumstances that would require a remeasurement of its lease and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. Lease assets are reported with other capital assets and lease liabilities are reported with long-term debt on the statement of net position. Lessor – The City is a lessor for a noncancellable leases of buildings, billboards and facilities. The City recognizes a lease receivable and a deferred inflow of resources in the government‐wide and fund financial statements. 94 368 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 10 – LEASES (Continued) At the commencement of a lease, the City initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgments include how the City determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts as follows: •The City uses its estimated incremental borrowing rate as the discount rate for leases. •The lease term includes the noncancellable period of the lease. •Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. The City monitors changes in circumstances that would require a remeasurement of its lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. B. Leases Receivable The balances related to leases receivable and deferred inflows of resources as of June 30, 2023 were: Lease Deferred Inflows Receivable of Resources Governmental Activities Leases Receivable (Lessor) General Fund: Conference Center $2,059,878 $2,061,362 Costco 3,886,329 3,778,655 Billboards 6,813,296 6,442,938 Low and Moderate Income Housing Assets Fund: Magnolia 1,181,466 1,153,603 Total governmental activities leases receivable $13,940,969 $13,436,558 95 369 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 10 – LEASES (Continued) Conference Center – The Conference Center Authority, a discrete component unit, leases land from the City under an operating lease commencing on January 1, 1999, with a 30-year term from February 1, 1999, to January 31, 2029. The rent amount was subject to re-negotiation at the option of either party between January 1 and February 28, 2009 and 2019. The cost and carrying amount of leased land under this lease receivable is $5,040,000. The City recognized $343,561 in lease revenue and $72,279 in interest revenue during the current fiscal year related to this lease. Also, the City has deferred inflows of resources associated with this lease that will be recognized as revenue over the lease term. Costco – Price Club Associates leases the land for the Costco store on South Airport Boulevard from the City. Lease payments are based on a percentage of Costco’s gross annual sales, with minimum annual rent set at $400,000, payable in monthly installments of $33,333. In fiscal 2014, Costco exercised the option to extend the lease through fiscal year 2029, with an option for a 6 year extension through fiscal year 2035. The City recognized $328,579 in lease revenue and $121,142 in interest revenue during the current fiscal year related to this lease. Also, the City has deferred inflows of resources associated with this lease that will be recognized as revenue over the lease term. Billboards – The City leases digital billboard space to third parties under three lease agreements. The original terms of the leases were thirty years and as of June 30, 2023, the leases had 21 to 28 years remaining. The rent is based on a minimum annual guaranteed payment, paid on an annual basis, which increases 15% every five years. The City recognized $252,169 in lease revenue and $206,014 in interest revenue during the current fiscal year related to these leases. Also, the City has deferred inflows of resources associated with these leases that will be recognized as revenue over the lease term. Magnolia – Magnolia Housing leases the land for Magnolia Plaza Senior Apartments from the City. Minimum lease payments are set at $51,800 per year, and are payable through the fiscal year 2062. The City recognized $29,579 in lease revenue and $36,383 in interest revenue during the current fiscal year related to this lease. Also, the City has deferred inflows of resources associated with this lease that will be recognized as revenue over the lease term. C. Lease Payable The Conference Center Authority’s lease payable consists of the following as of June 30, 2023: Balance Balance Current June 30, 2022 Deductions June 30, 2023 Portion Land Lease $2,409,307 $349,429 $2,059,878 $359,990 96 370 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 10 – LEASES (Continued) The Authority has a property lease agreement with the City of South San Francisco for 30 years expiring in 2029. Under the agreement, the City subleases to the Authority, the property in exchange for the annual lease payment for the use of land. During the fiscal year, the lease payments totaled $420,000. The total principal and interest paid during the year was $80,824 and $339,176, respectively. The initial present value of the right of use asset and lease liability, at a treasury bond rate of 3.00% over the thirty years, was $2,748,483. The balance of the right of use asset as of June 30, 2023 was $1,391,988, net of accumulated amortization, which is reported with the Authority’s capital assets in Note 3. The balance of the lease liability as of June 30, 2023 was $2,059,878. There are termination clauses included in the lease agreement, however management has determined that it is not likely that those clauses will be exercised. Future minimum lease payments as of June 30, 2023 are as follows: Year Ending Principal Interest June 30 Payments Payments Total 2024 $359,990 $60,010 $420,000 2025 370,871 49,129 420,000 2026 382,080 37,920 420,000 2027 393,629 26,371 420,000 2028 - 2029 553,308 16,692 570,000 $2,059,878 $190,122 $2,250,000 NOTE 11 – JOINTLY GOVERNED ORGANIZATIONS The City participates in the jointly governed organizations discussed below through formally organized and separate entities established under the Joint Exercise of Powers Act of the State of California. As separate legal entities, these entities exercise full powers and authorities within the scope of the related Joint Powers Agreements including the preparation of annual budgets, accountability for all funds, the power to make and execute contracts and the right to sue and be sued. Each joint organization is governed by a board consisting of representatives from member municipalities. Each board controls the operations of the respective joint organization, including selection of management and approval of operating budgets, independent of any influence by member municipalities beyond their representation on that board. Obligations and liabilities of this joint organization are not the City’s responsibility and the City does not have an equity interest in the assets of each joint organization except upon dissolution of the joint organization. A. Oyster Point Marina (OPM) was established in 1977 by the City and the San Mateo County Harbor District (Harbor District) for the purpose of expanding, improving and operating the Oyster Point Marina and Park. The governing board consists of two of the City's council members and two Harbor District commissioners. The Harbor District operates OPM. Operation of the Marina provides revenues for the marina's operations. The City retains title to the land; however, the City is not liable for any obligations of the San Mateo County Harbor District. Condensed unaudited financial information may be obtained from San Mateo County Harbor District, #1 Johnson Pier, Half Moon Bay, CA 94019. 97 371 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 11 – JOINTLY GOVERNED ORGANIZATIONS (Continued) B. Peninsula Traffic Congestion Relief Alliance (PTCRA) PTCRA was formed from the merger of the Inter City Transportation Systems Management Agency and Multi-City Transportation Systems Management Agency (MCTSMA) in 2000. The members are the cities of South San Francisco, Brisbane, Colma, Daly City, Half Moon Bay, Millbrae, Pacifica and San Bruno and seven other members for the purpose of mitigating traffic congestion. The governing board consists of one council member from each member city. The finance director of the City of San Carlos acts as the treasurer and controller of PTCRA. The individual cities are not liable for the debts, liabilities or obligations of PTCRA. Each member city has an equal interest in PTCRA. Condensed accrual basis unaudited financial information may be obtained from the City of San Carlos Finance Department, 666 Elm Street, San Carlos, CA 94070. C. City/County Association of Governments (C/CAG) C/CAG was established in 1990 by the County of San Mateo and the Cities of San Mateo County for preparation, adoption, monitoring and enforcing of Countywide state mandated plans. A Board of Directors consisting of one council member from each member city and one member from the County Board of Supervisors governs C/CAG. The city treasurer of San Carlos acts as the treasurer of C/CAG. The individual cities and the County are not liable for the debts, liabilities, or obligations of C/CAG. Condensed unaudited cash basis financial information may be obtained from the City of San Carlos Finance Department, 666 Elm Street, San Carlos, CA 94070. NOTE 12 – RISK MANAGEMENT A. Insurance Coverage The City participates in Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA), a nonprofit benefit corporation established to provide liability insurance coverage, claims and risk management, and legal defense to its participating members. PLAN JPA provides $1,000,000 of self- funded general liability and automobile coverage (except $250,000 is for the Employee benefits Plan Administration liability) and $29,000,000 excess liability coverage per occurrence and is responsible for paying claims in excess of the City’s $100,000 self-insured retention. The Plan includes a per occurrence or wrongful act or employee benefit wrongful act up to $10,000,000 with two retained limits of $5,000,000. For the year ended June 30, 2023, the City paid PLAN JPA $2,263,829 in premiums and did not receive a refund of premiums paid in prior years. Financial statements may be obtained from PLAN JPA 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833. The City has also purchased excess coverage insurance for worker’s compensation claims from Public Risk, Innovation, Solutions and Management (PRISM) (formerly CSAC Excess Insurance Authority (CSAC-EIA)). PRISM provides coverage up to statutory limits in excess of the City’s $500,000 self-insured retention. For the past five fiscal years, general liability and worker compensation settlements did not exceed insurance coverage. 98 372 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 12 – RISK MANAGEMENT (Continued) B. Liability for Uninsured Claims The City provides for the uninsured portion of claims and judgments in the Self Insurance Internal Service Fund. Claims and judgments, including a provision for claims incurred but not reported, are recorded when a loss is deemed probable of assertion and the amount of the loss is reasonably determinable. As discussed above, the City has coverage for such claims, but it has retained the risk for the deductible or uninsured portion of these claims. The City’s liability for uninsured claims is limited to workers’ compensation and general liability claims, as discussed above, and was estimated by management based on prior year’s claims experience as follows: June 30, 2023 Fiscal Year Workers' General 2021-2022 Compensation Liability Total Total Balance, beginning of year $16,243,000 $240,258 $16,483,258 $15,749,797 Current year claims and changes in estimates of prior years claims 3,329,266 395,130 3,724,396 2,891,287 Claims Paid (2,663,266) (260,326) (2,923,592) (2,157,826) Balance, end of year $16,909,000 $375,062 $17,284,062 $16,483,258 Current portion $3,006,000 $375,062 $3,381,062 $3,047,258 NOTE 13 – COMMITMENTS AND CONTINGENCIES A. Litigation The City is subject to litigation arising in the normal course of business. In the opinion of the City Attorney there is no pending litigation which is likely to have a material adverse effect on the financial position of the City. B. Federal and State Grant Programs The City participates in Federal and State grant programs. These programs have been audited by the City’s independent auditors in accordance with the provisions of the Federal Single Audit Act as amended and applicable State requirements. No cost disallowances were proposed as a result of these audits; however, these programs are still subject to further examination by the grantors and the amount, if any, of expenditures which may be disallowed by the granting agencies cannot be determined at this time. The City expects such amounts, if any, to be immaterial. 99 373 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 13 – COMMITMENTS AND CONTINGENCIES (Continued) C. Miller Parking Garage The Miller Parking Garage (“Parking Garage)”, constructed in 2011, is located at 329 Miller Avenue in the City. The Parking Garage consists of a five-level open-air concrete structure building of approximately 100,000 square feet with 244 parking spaces. Approximately 14,350 square feet of commercial and office space (the “Commercial Space”) is located on the ground floor of the Parking Garage. In February 2020, the City sold the Commercial Space for $1,247,950. In connection with the sale of the Commercial Space, a condominium map was recorded with the County to create separate assessor parcel numbers for the Commercial Space and the balance of the property included within the Parking Garage. No rights to the parking spaces were granted to the owners of the Commercial Space in connection with its sale. However, the owners of the Commercial Space may use such spaces upon payment to the City of the applicable parking fees. D. Construction Contract Dispute Following a competitive bid process, the City awarded a contract for construction of certain improvements related to the Grand Boulevard Initiative. The project finished well past the contract completion date and the City withheld funds for late completion and to correct incomplete and defective work. The City and the contractor engaged a third-party mediator, but were unable to resolve the dispute at mediation in August 2022. The contractor filed a complaint in San Mateo County Superior Court on September 14, 2022, seeking $6,500,000 in compensatory damages, interest, and costs of suit. No trial date has been set as of November 2023. The City disputes the allegations and intends to vigorously pursue affirmative claims against the contractor. The City may be negatively impacted should the court rule in favor of the contractor, however any such impact cannot be determined at this time. NOTE 14 – FORMER REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES The activities of the Successor Agency are reported in the Successor Agency to the former Redevelopment Agency Private-Purpose Trust Fund as the activities are under the control of the Oversight Board. The City provides administrative services to the Successor Agency to wind down the affairs of the former Redevelopment Agency. On July 1, 2018, the duties of the South San Francisco Oversight Board transferred to a new San Mateo Countywide Oversight Board, which will now be responsible for overseeing the winddown affairs of all Successor Agencies in San Mateo County, including the Successor Agency to the South San Francisco Redevelopment Agency. Information presented in the following footnotes represents assets and liabilities of the Successor Agency. A. Cash and Investments Cash and investments of the Successor Agency as of June 30, 2023 are discussed in Note 2 to the financial statements. Information presented in the following footnotes represents other assets and liabilities of the Successor Agency as of June 30, 2023. 100 374 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 14 – FORMER REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES (Continued) B. Loans Receivable The Successor Agency assumed the non-housing loans receivable of the former Redevelopment Agency as of February 1, 2012. The former Redevelopment Agency engaged in programs designed to encourage construction of or improvement to low-to-moderate income housing. Under these programs, grants or loans were provided to homeowners or developers who agreed to expend these funds in accordance with the Agency’s terms. C. Capital Assets The Successor Agency assumed the capital assets of the former Redevelopment Agency as of February 1, 2012. All capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Contributed capital assets are valued at their acquisition value. The Successor Agency’s policy is to capitalize all assets with costs exceeding certain minimum thresholds and with useful lives exceeding two years. All capital assets with limited useful lives are depreciated over their estimated useful lives. The purpose of depreciation is to spread the cost of capital assets equitably among all users over the life of these assets. The amount charged to depreciation expense each year represents that year’s pro rata share of the cost of capital assets. Depreciation of all capital assets is charged as an expense against operations each year and the total amount of depreciation taken over the years, called accumulated depreciation, is reported on the balance sheet as a reduction in the book value of capital assets. Depreciation is provided using the straight line method which means the cost of the asset is divided by its expected useful life in years and the result is charged to expense each year until the asset is fully depreciated. The Successor Agency has assigned the useful lives listed below to capital assets: Buildings 50 years Improvements 30 years Machinery and equipment 5-20 years Furniture and fixtures 12 years Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. The capitalization level is $20,000 for vehicles, and $100,000 for all else, including all other equipment that is not a vehicle. 101 375 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 14 – FORMER REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES (Continued) Capital assets recorded at June 30 are comprised of: Balance Balance June 30, 2022 Additions June 30, 2023 Fiduciary activities Capital assets not being depreciated: Land $111,219 $111,219 Total capital assets not being depreciated 111,219 111,219 Capital assets being depreciated: Buildings and Improvements 329,671 329,671 Equipment and Vehicle 242,190 242,190 Furniture and Fixtures 21,506 21,506 Total capital assets being depreciated 593,367 593,367 Less accumulated depreciation for: Buildings and Improvements (91,547) ($6,593) (98,140) Equipment and Vehicle (242,190)(242,190) Furniture and Fixtures (21,506)(21,506) Total accumulated depreciation (355,243) (6,593) (361,836) Net capital assets being depreciated 238,124 (6,593) 231,531 Fiduciary activity capital assets, net $349,343 ($6,593) $342,750 D. Defeased Bonds As of June 30, 2023, the outstanding balance of defeased debt was $3,335,000 for the 1997 Downtown /Central Redevelopment Tax Allocation Bonds. E. Commitments And Contingencies State Approval of Enforceable Obligations The Successor Agency prepares a Recognized Obligation Payment Schedule (ROPS) semi- annually that contains all proposed expenditures for the subsequent six-month period. The ROPS is subject to the review and approval of the Oversight Board as well as the State Department of Finance. Although the State Department of Finance may not question items included on the ROPS in one period, they may question the same items in a future period and disallow associated activities. The amount, if any, of current obligations that may be denied by the State Department of Finance cannot be determined at this time. The City expects such amounts, if any, to be immaterial. 102 376 CITY OF SOUTH SAN FRANCISCO NOTES TO BASIC FINANCIALS STATEMENTS For the Fiscal Year Ended June 30, 2023 NOTE 14 – FORMER REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES (Continued) State Asset Transfer Review The activities of the former Redevelopment Agency and the Successor Agency were also subject to further examination by the State of California. The State Controller’s Office conducted a review of the propriety of asset transfers between the former Redevelopment Agency or the Successor Agency and any public agency that occurred on or after January 1, 2011. The results of that review were issued in July 2015 and although the review did identify ineligible transfers of assets from the former Redevelopment Agency to the City, the report reflected the current year and prior year transfers and made no further demands for the return of assets to the Successor Agency. 103 377 This Page Left Intentionally Blank 378 REQUIRED SUPPLEMENTARY INFORMATION 379 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 Miscellaneous Agent Multiple-Employer Defined Benefit Pension Plans Last 10 Years* SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 Total Pension Liability Service cost $3,449,973 $3,075,813 $3,079,994 $3,922,518 $4,001,207 $4,118,735 $4,267,487 $4,274,015 $4,896,807 Interest on total pension liability 13,930,544 14,393,013 14,870,988 15,430,998 15,885,315 16,624,514 17,306,781 17,951,111 18,379,820 Changes of benefit terms Changes of assumptions (3,374,655) 12,421,358 (1,361,078) 7,856,877 Difference between expected and actual experience (1,567,798) (476,337) 1,958,164 187,342 2,853,948 1,771,483 1,018,943 (893,635) Benefit payments, including refunds of employee contributions (9,287,975) (10,407,243) (11,085,829) (11,565,392) (12,164,689) (12,756,888) (13,336,957) (13,832,759) (14,547,349) Net change in total pension liability 8,092,542 2,119,130 6,388,816 22,167,646 6,548,097 10,840,309 10,008,794 9,411,310 15,692,520 Total pension liability - beginning 188,659,588 196,752,130 198,871,260 205,260,076 227,427,722 233,975,819 244,816,128 254,824,922 264,236,232 Total pension liability - ending (a)196,752,130 198,871,260 205,260,076 227,427,722 233,975,819 244,816,128 254,824,922 264,236,232 279,928,752 Plan fiduciary net position Contributions - employer $4,235,454 $4,546,984 $5,726,981 $5,228,454 $6,165,764 $6,851,659 $7,823,463 $8,623,876 $9,491,964 Contributions - employee 1,466,176 1,411,273 1,622,453 1,720,600 1,727,041 1,816,507 1,883,698 2,006,497 2,293,651 Net investment income 21,712,340 3,221,551 687,860 15,616,363 12,458,090 10,240,873 8,084,207 38,008,815 (15,367,557) Benefit payments, including refunds of employee contributions (9,287,975) (10,407,243) (11,085,829) (11,565,392) (12,164,689) (12,756,888) (13,336,957) (13,832,759) (14,547,349) Plan to plan resource movement (50,555) 229 (365) (20) (32) Administrative expense (160,268) (86,726) (205,472) (233,683) (112,374) (230,510) (167,557) (126,067) Other miscellaneous income (443,767) 365 Net change in plan fiduciary net position 18,125,995 (1,438,258) (3,135,032) 10,794,553 7,508,391 6,040,122 4,223,869 34,638,872 (18,255,358) Plan fiduciary net position - beginning 125,614,993 143,740,988 142,302,730 139,167,698 149,962,251 157,470,642 163,510,764 167,734,633 202,373,505 Plan fiduciary net position - ending (b)143,740,988 142,302,730 139,167,698 149,962,251 157,470,642 163,510,764 167,734,633 202,373,505 184,118,147 Net pension liability - ending (a)-(b)$53,011,142 $56,568,530 $66,092,378 $77,465,471 $76,505,177 $81,305,364 $87,090,289 $61,862,727 $95,810,605 Plan fiduciary net position as a percentage of the total pension liability 73.06% 71.56% 67.80% 65.94% 67.30% 66.79% 65.82% 76.59% 65.77% Covered payroll $17,725,581 $17,798,104 $21,409,193 $29,390,370 $23,630,354 $24,993,270 $26,275,955 $27,681,286 $28,788,170 Net pension liability as percentage of covered payroll 299.07% 317.83% 308.71% 263.57% 323.76% 325.31% 331.44% 223.48% 332.81% Notes to Schedule: *Fiscal year 2015 was the 1st year of implementation. Benefit changes:The figures above do not include any liability impact that may have resulted fromplan changes which occurred afterthe June 30valuation date.This applies forvoluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). Changes in assumptions : In 2017, the accounting discount rate reduced from 7.65% to 7.15%. In 2016, 2018, 2019, 2020, and 2021, there were no changes. In 2022,the accounting discount rate reduced from7.15% to 6.90%. In 2015, amounts reported reflect an adjustment ofthe discount rate form7.5% (net ofadministrative expense)to 7.65% (without a reduction forpension plan administrative expense). In 2014, amounts reported were based on the 7.5% discount rate. 106 380 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 Miscellaneous Agent Multiple-Employer Defined Benefit Pension Plans Last 10 Years* SCHEDULE OF CONTRIBUTIONS Fiscal Year Ended June 30 2015 2016 2017 2018 2019 2020 2021 2022 2023 Actuarially determined contribution $4,210,973 $5,399,856 $5,228,454 $6,166,024 $6,851,659 $7,831,598 $8,616,536 $9,491,640 $10,675,385 Contributions in relation to the actuarially determined contributions 4,210,973 5,399,856 5,228,454 6,166,024 6,851,659 7,831,598 8,616,536 9,491,640 10,675,385 Contribution deficiency (excess)$0 $0 $0 $0 $0 $0 $0 $0 $0 Covered payroll $17,798,104 $21,409,193 $29,390,370 $23,630,354 $24,993,270 $26,275,955 $27,681,286 $28,788,170 $31,400,311 Contributions as a percentage of covered payroll 23.66% 25.22% 17.79% 26.09% 27.41% 29.81% 31.13% 32.97% 34.00% Notes to Schedule Valuation date: 6/30/2012 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age Amortization method Level percentage of payroll Asset valuation method Fair value of assets Inflation 2.75% for 2015 to 2019, 2.625% for 2020, 2.50% for 2021 and 2022 and 2.30% for 2023. Salary increases Investment rate of return Retirement age Mortality *Fiscal year 2015 was the 1st year of implementation Varies by entry age and service 7.50% for 2015 to 2018, 7.375% for 2019, 7.25% for 2020, 7.00% for 2021 and 2022 and 6.80% for 2023, net of administrative expenses, including inflation The probabilities of Retirement are based on the CalPERS Experience Study. The probabilities of mortality are based on the CalPERS Experience Study. Pre-retirement and Post-retirement mortality rates include 20 years of projected mortality improvement using Scale AA published by the Society of Actuaries for 2015 to 2018. For 2019, 2020, 2021, and 2022, pre-retirement and post-retirement mortality rates include 15 years of projected mortality improvement using 90% of Scale MP-2016 published by the Society of Actuaries. For 2023, pre-retirement and post-retirement mortality rates include generational mortality improvement using 80% of Scale MP-2020 published by the Society of Actuaries 107 381 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 Safety Agent Multiple-Employer Defined Benefit Pension Plans Last 10 Years* SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 Total Pension Liability Service cost $5,143,842 $4,968,087 $5,329,842 $6,264,307 $6,511,672 $6,379,124 $6,880,000 $7,072,216 $7,567,350 Interest on total pension liability 18,899,544 19,398,484 20,134,558 21,238,842 22,129,483 23,249,091 24,284,010 25,441,168 26,419,737 Changes of benefit terms Changes of assumptions (4,789,129) 18,010,606 (1,293,579) 12,584,955 Difference between expected and actual experience (4,226,388) (915,267) 4,520,149 1,318,613 2,853,684 742,624 1,772,836 (684,769) Benefit payments, including refunds of employee contributions (13,161,296) (13,556,606) (14,463,995) (14,760,979) (15,629,698) (15,909,734) (16,384,059) (17,313,787) (17,860,080) Net change in total pension liability 10,882,090 1,794,448 10,085,138 35,272,925 13,036,491 16,572,165 15,522,575 16,972,433 28,027,193 Total pension liability - beginning 256,002,648 266,884,738 268,679,186 278,764,324 314,037,249 327,073,740 343,645,905 359,168,480 376,140,913 Total pension liability - ending (a)266,884,738 268,679,186 278,764,324 314,037,249 327,073,740 343,645,905 359,168,480 376,140,913 404,168,106 Plan fiduciary net position Contributions - employer $6,535,399 $7,191,715 $8,535,737 $8,071,060 $9,323,936 $10,164,921 $11,402,434 $12,413,770 $13,387,919 Contributions - employee 2,151,163 1,714,039 1,961,907 1,980,507 2,134,552 2,486,989 2,890,991 2,893,339 2,886,541 Net investment income 29,348,051 4,264,997 950,612 21,553,126 17,363,158 14,404,633 11,506,885 54,912,645 (22,271,961) Benefit payments, including refunds of employee contributions (13,161,296) (13,556,606) (14,463,995) (14,760,979) (15,629,698) (15,909,734) (16,384,059) (17,313,787) (17,860,080) Plan to plan resource movement (229) (512) 20 32 Administrative expense (219,696) (118,968) (283,579) (325,104) (157,625) (326,879) (240,703) (182,910) Other miscellaneous income (617,378) 512 Net change in plan fiduciary net position 24,873,317 (605,551) (3,134,936) 16,560,135 12,248,954 10,989,716 9,089,404 52,665,264 (24,040,491) Plan fiduciary net position - beginning 170,937,835 195,811,152 195,205,601 192,070,665 208,630,800 220,879,754 231,869,470 240,958,874 293,624,138 Plan fiduciary net position - ending (b)195,811,152 195,205,601 192,070,665 208,630,800 220,879,754 231,869,470 240,958,874 293,624,138 269,583,647 Net pension liability - ending (a)-(b)$71,073,586 $73,473,585 $86,693,659 $105,406,449 $106,193,986 $111,776,435 $118,209,606 $82,516,775 $134,584,459 Plan fiduciary net position as a percentage of the total pension liability 73.37% 72.65% 68.90% 66.44% 67.53% 67.47% 67.09% 78.06% 66.70% Covered payroll $15,994,412 $16,679,857 $18,986,895 $19,563,549 $21,932,480 $22,975,254 $24,264,339 $24,378,494 $24,325,363 Net pension liability as percentage of covered payroll 444.37% 440.49% 456.60% 538.79% 484.19% 486.51% 487.17% 338.48% 553.27% Notes to Schedule: *Fiscal year 2015 was the 1st year of implementation. Benefit changes.The figures above do not include any liability impact that may have resulted fromplan changes which occurred afterthe June 30valuation date.This applies forvoluntary benefit changes as well as any offers of Two Years AdditionalService Credit (a.k.a. Golden Handshakes). Changes in assumptions: In 2017, the accounting discount rate reduced from7.65% to 7.15%.In 2016, 2018, 2019, 2020, and 2021, there were no changes. In 2022, the accounting discount rate reduced from7.15% to 6.90%. In 2015, amounts reported reflect an adjustment of the discount rate form 7.5% (net of administrative expense) to 7.65% (without a reduction for pension plan administrative expense). In 2014, amounts reported were based on the 7.5% discount rate. 108 382 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 Safety Agent Multiple-Employer Defined Benefit Pension Plans Last 10 Years* SCHEDULE OF CONTRIBUTIONS Fiscal Year Ended June 30 2015 2016 2017 2018 2019 2020 2021 2022 2023 Actuarially determined contribution $7,191,715 $8,538,138 $8,071,060 $9,322,781 $10,164,821 $11,401,783 $12,413,770 $13,387,919 $15,352,613 Contributions in relation to the actuarially determined contributions 7,191,715 8,538,138 8,071,060 9,322,781 10,164,821 11,401,783 12,413,770 13,387,919 15,352,613 Contribution deficiency (excess)$0 $0 $0 $0 $0 $0 $0 $0 $0 Covered payroll $16,679,857 $18,986,895 $19,563,549 $21,932,480 $22,975,254 $24,264,339 $24,378,494 $24,325,363 $26,580,095 Contributions as a percentage of covered payroll 43.12% 44.97% 41.26% 42.51% 44.24% 46.99% 50.92% 55.04% 57.76% Notes to Schedule Valuation date: 6/30/2012 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age Amortization method Level percentage of payroll Asset valuation method Fair value of assets Inflation 2.75% for 2015 to 2019, 2.625% for 2020, 2.50% for 2021 and 2022 and 2.30% for 2023. Salary increases Varies by entry Investment rate of return Retirement age Mortality *Fiscal year 2015 was the 1st year of implementation 7.50% for 2015 to 2018, 7.375% for 2019, 7.25% for 2020, 7.00% for 2021 and 2022 and 6.80% for 2023, net of administrative expenses, including The probabilities of mortality are based on the CalPERS Experience Study. Pre-retirement and Post-retirement mortality rates include 20 years of projected mortality improvement using Scale AA published by the Society of Actuaries for 2015 to 2018. For 2019, 2020, 2021, and 2022, pre-retirement and post-retirement mortality rates include 15 years of projected mortality improvement using 90% of Scale MP-2016 published by the Society of Actuaries. For 2023, pre-retirement and post-retirement mortality rates include generational mortality improvement using 80% of Scale MP-2020 published by the Society of Actuaries The probabilities of Retirement are based on the CalPERS Experience 109 383 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS Retiree Healthcare OPEB Plan - Agent Multiple Employer Last 10 fiscal years* (Amounts in 000's) Measurement Date 6/30/17 6/30/18 6/30/2019 6/30/2020 6/30/2021 6/30/2022 Total OPEB Liability Service Cost $1,574 $1,535 $1,558 $1,604 $1,516 $1,374 Interest 5,087 5,325 5,568 5,952 6,058 5,704 Changes in benefit terms Differences between expected and actual experience 91 2,895 (3,332) Changes of assumptions (672)(1,859)1,446 Benefit payments (2,901)(3,326)(3,378)(4,052)(4,009)(4,067) Net change in total OPEB liability 3,760 3,625 5,971 1,645 1,679 3,011 Total OPEB liability - beginning 75,240 79,000 82,625 88,596 90,241 91,920 Total OPEB liability - ending (a)$79,000 $82,625 $88,596 $90,241 $91,920 $94,931 Plan fiduciary net position Contributions - employer $3,703 $4,128 $4,180 $4,854 $4,810 $4,869 Contributions - employee Net investment income 1,803 1,566 1,402 838 7,141 (4,575) Administrative expense (9)(37)(5)(12)(9)(9) Benefit payments (2,901)(3,326)(3,378)(4,052)(4,009)(4,067) Net change in plan fiduciary net position 2,596 2,331 2,199 1,628 7,933 (3,782) Plan fiduciary net position - beginning 17,114 19,710 22,041 24,240 25,868 33,801 Plan fiduciary net position - ending (b)$19,710 $22,041 $24,240 $25,868 $33,801 $30,019 Net OPEB liability - ending (a)-(b)$59,290 $60,584 $64,356 $64,373 $58,119 $64,912 Plan fiduciary net position as a percentage of the total OPEB liability 24.95% 26.68% 27.36% 28.67% 36.77% 31.62% Covered-employee payroll $26,539 $26,986 $27,662 $28,215 $26,824 $25,079 Net OPEB liability as a percentage of covered-employee payroll 223.41%224.50% 232.65% 228.15% 216.67% 258.83% * Fiscal year 2018 was the first year of implementation. 110 384 CITY OF SOUTH SAN FRANCISCO REQUIRED SUPPLEMENTARY INFORMATION For the Fiscal Year Ended June 30, 2023 SCHEDULE OF CONTRIBUTIONS Retiree Healthcare OPEB Plan - Agent Multiple Employer Last 10 fiscal years* (Amounts in 000's) Fiscal Year Ended June 30, 2018 2019 2020 2021 2022 2023 Actuarially determined contribution $6,279 $6,839 $6,995 $7,253 $7,373 $7,053 Contributions in relation to the actuarially determined contribution 4,128 4,180 4,854 4,810 4,869 5,551 Contribution deficiency (excess) $2,151 $2,659 $2,141 $2,443 $2,504 $1,502 Covered-employee payroll $26,986 $27,662 $28,215 $26,824 $25,079 $24,911 Contributions as a percentage of covered-employee payroll 15.30% 15.11% 17.20% 17.93% 19.41% 22.28% * Fiscal year 2018 was the first year of implementation. Valuation Date • June 30, 2021 Contribution Policy • City contributes $802,000 per year into trust Actuarial Cost Method • Entry Age Normal, Level Percentage of Payroll Amortization Method • Level dollar Amortization Period • Average of 19 years remaining for 2022/23 • 6.25% at June 30, 2022 • 6.25% at June 30, 2021 • Expected City contributions projected to keep sufficient plan assets to pay all benefits from trust. Inflation • 2.50% per annum Salary Increases • Aggregate - 2.75% annually • Merit - CalPERS 1997-2015 Experience Study Healthcare/Medical Trend • Non-Medicare - 6.75% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years • Medicare (Non-Kaiser) - 5.85% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years • Medicare (Kaiser) - 4.75% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years Mortality, Retirement, Disability, Termination • CalPERS 1997-2015 Experience Study Mortality Improvement • Mortality projected fully generational with Scale MP-2021 Healthcare participation for future retirees • 100% if covered, 95% if waived Retiree Healthcare OPEB Plan - Agent Multiple Employer NOTES TO SCHEDULE OF EMPLOYER CONTRIBUTION Methods and Assumptions for Actuarially Determined Contribution Discount Rate and Long-Term Expected Rate of Return on Assets 111 385 This Page Left Intentionally Blank 386 SUPPLEMENTARY INFORMATION 387 This Page Left Intentionally Blank 388 GENERAL FUND The General Fund is the City’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The General Fund is comprised of the following: GENERAL PURPOSE FUND This fund accounts for resources traditionally associated with government, such as administration, public safety, library, parks maintenance, and recreation, outside of those accounted for in other funds. MEASURE W FUND This fund accounts for revenue as the result of the voter-approved one-half percent sales and use tax that was passed on November 3, 2015. The tax went into effect April 1, 2016 and will last for 30 years until March 31, 2046. Revenues are committed for maintenance and enhancement of local services. 115 389 General Purpose Measure W Total ASSETS Cash and investments $66,512,172 $14,227,646 $80,739,818 Receivables: Accounts 11,182,712 2,533,134 13,715,846 Accrued interest 423,012 423,012 Leases 12,759,503 12,759,503 Due from other funds 480,000 480,000 Due from Conference Center 56,072 56,072 Inventory 574 574 Restricted cash and investments Properties held for redevelopment 2,823,118 2,823,118 Total Assets $94,237,163 $16,760,780 $110,997,943 LIABILITIES Accounts payable $5,939,493 $5,939,493 Accrued salaries and benefits 2,697,253 2,697,253 Other payable 776,211 776,211 Deposits 742,865 742,865 Total Liabilities 10,155,822 10,155,822 DEFERRED INFLOWS OF RESOURCES Related to leases 12,282,955 12,282,955 FUND BALANCES Nonspendable 477,122 477,122 Restricted 2,823,118 2,823,118 Committed 3,775,873 $16,760,780 20,536,653 Assigned 8,661,539 8,661,539 Unassigned 56,060,734 56,060,734 Total Fund Balances 71,798,386 16,760,780 88,559,166 Total Liabilities and Fund Balances $94,237,163 $16,760,780 $110,997,943 CITY OF SOUTH SAN FRANCISCO GENERAL FUND COMBINING BALANCE SHEETS JUNE 30, 2023 116 390 General Purpose Measure W Total REVENUES Property taxes $54,041,117 $54,041,117 Sales taxes 21,735,087 $15,618,697 37,353,784 Transient occupancy taxes 16,357,104 16,357,104 Franchise Fees 5,240,637 5,240,637 Other taxes 8,059,817 8,059,817 Intergovernmental 3,558,742 3,558,742 Interest and rentals 4,247,107 4,247,107 Licenses and permits 20,467,644 20,467,644 Charges for services 11,673,187 11,673,187 Fines and forfeitures 757,019 757,019 Other 353,378 353,378 Total Revenues 146,490,839 15,618,697 162,109,536 EXPENDITURES Current: City Council 241,596 241,596 City Clerk 1,027,822 1,027,822 City Treasurer 35,279 35,279 City Attorney 1,220,059 1,220,059 City Manager 3,819,858 287,295 4,107,153 Finance 3,089,869 3,089,869 Non-departmental 3,484,013 3,484,013 Human Resources 2,221,160 2,221,160 Fire 35,512,513 35,512,513 Police 36,282,833 36,282,833 Public Works 7,936,326 7,936,326 Parks and Recreation 20,362,073 20,362,073 Library 6,475,274 6,475,274 Economic and Community Development 11,770,931 11,770,931 Capital Outlay 141,250 141,250 Total Expenditures 133,620,856 287,295 133,908,151 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 12,869,983 15,331,402 28,201,385 OTHER FINANCING SOURCES (USES) Gain from sale of property 1,852,123 1,852,123 Loss from sale of property (6,439,913)(6,439,913) Transfers in 5,283,682 5,283,682 Transfers out (1,388,940) (10,422,461) (11,811,401) Total Other Financing Sources (Uses)(693,048) (10,422,461) (11,115,509) Net Change in Fund Balances before special items 12,176,935 4,908,941 17,085,876 SPECIAL ITEMS Remittance of land sale proceeds (5,173,366)(5,173,366) Net Change in Fund Balances 7,003,569 11,912,510 Fund balance - July 1 64,794,817 11,851,839 76,646,656 Fund balance - June 30 $71,798,386 $16,760,780 $88,559,166 CITY OF SOUTH SAN FRANCISCO GENERAL FUND COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2023 117 391 CITY OF SOUTH SAN FRANCISCO GENERAL FUND COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 Variance with Final Budget Actual Positive Original Final Amount (Negative) Resources (inflows): Property taxes $43,804,769 $45,804,769 $54,041,117 $8,236,348 Sales taxes 20,991,018 22,391,018 21,735,087 (655,931) Transient occupancy taxes 11,160,752 14,160,752 16,357,104 2,196,352 Franchise fees 4,600,000 4,600,000 5,240,637 640,637 Other taxes 4,893,252 5,693,252 8,059,817 2,366,565 Intergovernmental 2,844,618 4,337,199 3,558,742 (778,457) Interest and rentals 5,453,469 4,556,469 4,247,107 (309,362) Licenses and permits 15,500,000 19,425,400 20,467,644 1,042,244 Charges for services 8,799,097 8,265,097 11,673,187 3,408,090 Fines and forfeitures 710,824 710,824 757,019 46,195 Other 259,383 278,902 353,378 74,476 Amounts available for appropriation 119,017,182 130,223,682 146,490,839 16,267,157 Charges to appropriations (outflows) City Council 258,749 260,650 241,596 19,054 City Clerk 1,143,342 1,154,449 1,027,822 126,627 City Treasurer 167,292 167,904 35,279 132,625 City Attorney 940,290 940,291 1,220,059 (279,768) City Manager 4,527,997 5,324,596 3,909,909 1,414,687 Finance 3,892,875 4,405,085 3,617,322 787,763 Non-departmental 1,544,367 2,152,699 3,486,795 (1,334,096) Human Resources 2,518,004 2,684,109 2,331,987 352,122 Fire 31,313,293 33,424,718 36,400,487 (2,975,769) Police 32,957,662 34,511,302 36,283,110 (1,771,808) Public Works 7,120,654 8,603,705 8,931,895 (328,190) Parks and Recreation 19,608,365 22,873,151 22,225,939 647,212 Library 6,706,110 7,273,746 6,518,982 754,764 Economic and Community Development 8,907,770 15,609,631 15,909,963 (300,332) Capital outlay 141,250 (141,250) Total charges to appropriations 121,606,770 139,386,036 142,282,395 (2,896,359) OTHER FINANCING SOURCES (USES) Gain from sale of property 897,000 1,852,123 955,123 Loss from sale of property (6,439,913)(6,439,913) Transfers in 3,245,000 6,151,400 5,283,682 (867,718) Transfers out (600,000)(4,533,270)(1,388,940)3,144,330 Total Other Financing Sources (Uses)2,645,000 2,515,130 (693,048)(3,208,178) NET CHANGE IN FUND BALANCES BEFORE SPECIAL ITEMS 55,412 (6,647,224)3,515,396 10,162,620 SPECIAL ITEMS Remittance of land sale proceeds (5,173,366)(5,173,366) Net Change in Fund Balances $55,412 ($6,647,224)(1,657,970) $4,989,254 Fund Balance - July 1 64,794,817 Adjustment to budgetary basis: Encumbrance adjustments 8,661,539 Fund Balance - June 30 $71,798,386 (Continued) Budgeted Amounts General Purpose 118 392 CITY OF SOUTH SAN FRANCISCO GENERAL FUND COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 Variance with Final Budget Actual Positive Original Final Amount (Negative) Resources (inflows): Property taxes Sales taxes $13,800,000 $13,800,000 $15,618,697 $1,818,697 Transient occupancy taxes Franchise fees Other taxes Intergovernmental Interest and rentals Licenses and permits Charges for services Fines and forfeitures Other Amounts available for appropriation 13,800,000 13,800,000 15,618,697 1,818,697 Charges to appropriations (outflows) City Council City Clerk City Treasurer City Attorney City Manager 398,622 411,297 287,295 124,002 Finance Non-departmental Human Resources Fire Police Public Works Parks and Recreation Library Economic and Community Development Capital outlay Total charges to appropriations 398,622 411,297 287,295 124,002 OTHER FINANCING SOURCES (USES) Gain from sale of property Loss from sale of property Transfers in Transfers out (12,744,450) (23,619,818) (10,422,461) 13,197,357 Total Other Financing Sources (Uses)(12,744,450) (23,619,818) (10,422,461) 13,197,357 NET CHANGE IN FUND BALANCES BEFORE SPECIAL ITEMS 656,928 (10,231,115)4,908,941 15,140,056 SPECIAL ITEMS Remittance of land sale proceeds Net Change in Fund Balances $656,928 ($10,231,115)4,908,941 $15,140,056 Fund Balance - July 1 11,851,839 Adjustment to budgetary basis: Encumbrance adjustments Fund Balance - June 30 $16,760,780 (Continued) Budgeted Amounts Measure W 119 393 CITY OF SOUTH SAN FRANCISCO GENERAL FUND COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 Variance with Final Budget Actual Positive Original Final Amount (Negative) Resources (inflows): Property taxes $43,804,769 $45,804,769 $54,041,117 $8,236,348 Sales taxes 34,791,018 36,191,018 37,353,784 1,162,766 Transient occupancy taxes 11,160,752 14,160,752 16,357,104 2,196,352 Franchise fees 4,600,000 4,600,000 5,240,637 640,637 Other taxes 4,893,252 5,693,252 8,059,817 2,366,565 Intergovernmental 2,844,618 4,337,199 3,558,742 (778,457) Interest and rentals 5,453,469 4,556,469 4,247,107 (309,362) Licenses and permits 15,500,000 19,425,400 20,467,644 1,042,244 Charges for services 8,799,097 8,265,097 11,673,187 3,408,090 Fines and forfeitures 710,824 710,824 757,019 46,195 Other 259,383 278,902 353,378 74,476 Amounts available for appropriation 132,817,182 144,023,682 162,109,536 18,085,854 Charges to appropriations (outflows) City Council 258,749 260,650 241,596 19,054 City Clerk 1,143,342 1,154,449 1,027,822 126,627 City Treasurer 167,292 167,904 35,279 132,625 City Attorney 940,290 940,291 1,220,059 (279,768) City Manager 4,926,619 5,735,893 4,197,204 1,538,689 Finance 3,892,875 4,405,085 3,617,322 787,763 Non-departmental 1,544,367 2,152,699 3,486,795 (1,334,096) Human Resources 2,518,004 2,684,109 2,331,987 352,122 Fire 31,313,293 33,424,718 36,400,487 (2,975,769) Police 32,957,662 34,511,302 36,283,110 (1,771,808) Public Works 7,120,654 8,603,705 8,931,895 (328,190) Parks and Recreation 19,608,365 22,873,151 22,225,939 647,212 Library 6,706,110 7,273,746 6,518,982 754,764 Economic and Community Development 8,907,770 15,609,631 15,909,963 (300,332) Capital outlay 141,250 (141,250) Total charges to appropriations 122,005,392 139,797,333 142,569,690 (2,772,357) OTHER FINANCING SOURCES (USES) Gain from sale of property 897,000 1,852,123 955,123 Loss from sale of property (6,439,913) (6,439,913) Transfers in 3,245,000 6,151,400 5,283,682 (867,718) Transfers out (13,344,450) (28,153,088) (11,811,401) 16,341,687 Total Other Financing Sources (Uses)(10,099,450) (21,104,688) (11,115,509) 9,989,179 NET CHANGE IN FUND BALANCES BEFORE SPECIAL ITEMS 712,340 (16,878,339) 8,424,337 25,302,676 SPECIAL ITEMS Remittance of land sale proceeds (5,173,366) (5,173,366) Net Change in Fund Balances $712,340 ($16,878,339) 3,250,971 $20,129,310 Fund Balance - July 1 76,646,656 Adjustment to budgetary basis: Encumbrance adjustments 8,661,539 Fund Balance - June 30 $88,559,166 Budgeted Amounts Total 120 394 NON-MAJOR GOVERNMENTAL FUNDS Special revenue funds are used to account for revenue sources that are restricted by law or administrative action to expenditures for specified purposes. Special revenue funds used by the City of South San Francisco include: Gas Tax – Accounts for State monies received and expended for street improvements, repairs, engineering, and administration under Streets and Highway Code Sections 2105, 2106, 2107, and 2107.5. Includes sales taxes on gasoline received from the State’s Traffic Congestion Relief Fund. Developer Contributions – Accounts for fees deposited for planning and engineering reviews or for future project development. Community Development Block Grant – Accounts for Federal monies received to be expended for development of jobs and suitable housing for low-income residents. Maintenance Districts – Accounts for a portion of property tax dedicated to provide for the maintenance of landscaped areas within housing developments. Transportation Sales Tax – Accounts for the sales tax that provides resources for street improvements and repairs. Solid Waste Reduction – Accounts for revenues and expenditures associated with the waste reduction, recycling, composting and household hazardous waste programs for residents and businesses. Supplemental Law Enforcement Services – Accounts for State monies provided for designated Police department services. City Programs – Organizations and individuals provide revenues that fund certain programs and services. Affordable Housing Trust – The inclusionary housing requirement in the City provides that 20% of new residential housing units (for projects of 4 or more units) be affordable. These in- lieu fees (in-lieu of production of affordable housing units by the developer) provide new residential development’s share of affordable housing units. PEG Equipment and Access – Accounts for the one percent of money set-aside from cable franchise fees that are used to support public, educational and governmental (PEG) channels. Transit Station Enhancement in-Lieu Fee – Accounts for revenues that are collected as a negotiated community benefit. Road Maintenance and Rehabilitation – Accounts for State monies received and expended for road maintenance and rehabilitation pursuant to Senate Bill 1, approved in 2017. San Mateo County (SMC) Measure W ½ Sales Tax – Accounts for the City’s portion of the special half cent sales tax receipts restricted for congestion relief and transit improvements. Public Arts In-Lieu Fee - Accounts for development fee revenues that are collected and are required to be used for public art installations. 121 395 NON-MAJOR GOVERNMENTAL FUNDS (Continued) Oyster Point CFD Special Tax B - Accounts for special assessment collections that are to be used for maintenance and administrative fees of the community facilities district. Low and Moderate Income Housing Assets Special Revenue Fund – This fund was established to account for the activities related to the assets assumed by the City as Housing Successor to the housing activities of the former Redevelopment Agency of the City. The main source of revenue for this fund is the repayment of loans restricted for housing activities. Capital projects funds are used to account for resources used for the acquisition and construction of capital facilities or major capital equipment, except for capital improvements financed by proprietary funds. Capital projects funds used at the City of South San Francisco include: Public Safety Impact Fee – These fees are to provide new development’s share of funding for the replacement of public safety capital equipment, vehicles and facilities. Oyster Point Improvements Impact Fees – These fees provide new development’s share of funding for the Oyster Point at Highway 101 interchange improvements. Sewer Capacity Charges – Accounts for cost recovery charged to new development based on proportional benefit, associated with providing sewer collection and treatment capacity to new development, both through existing infrastructure provided, and through future capital projects not funded by other sources. Oyster Point Development Impact Fees – Accounts for expenditures associated with the acquisition, construction, or improvement related to Oyster Point Development. Park Land Acquisition Fee – Accounts for monies received and expended pursuant to SSFMC Chapter 8.67 and Mitigation Fee Act for park land acquisition. Park Construction Fee – Accounts for monies received and expended pursuant to SSFMC Chapter 8.67 and Mitigation Fee Act for park construction. Bicycle and Pedestrian Impact Fee – Accounts for monies received and expended pursuant to SSFMC Chapter 8.68 for mitigation of impacts of new development on bicycle and pedestrian improvements in the City. Commercial Linkage Impact Fee – Accounts for affordable housing funding created by new commercial development. Library Impact Fee – Accounts for citywide fees to provide new development’s share of the expansion, rehabilitation and replacement of library facilities and collections to accommodate the increased demand for library services caused by future development. East of 101 Sewer Impact Fees Capital Projects Fund – These fees provide new development’s share of new and rehabilitated sewer collection and treatment facilities to serve the East of Highway 101 area. Traffic Impact Fees Capital Projects Fund – These fees are to provide new developments share of new and expanded roadway and intersection improvements to serve the East of Highway 101 area and other areas within the City. 122 396 NON-MAJOR GOVERNMENTAL FUNDS (Continued) Child Care Impact Fees Capital Projects Fund – These citywide fees provide new development’s share of new and expanded childcare facilities to serve the City. Debt service funds are used to account for resources used for the payment of debt service on long-term debt. Debt service funds used at the City of South San Francisco include: Debt Service – Accounts for expenditures associated with the acquisition, construction, and installation of certain capital improvements constituting the new City police station located within the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2020A Bonds, as well as capital improvements constituting the City’s new Civic Center Campus, and related improvements, facilities and equipment, and pay the costs incurred in connection with the issuance of the Series 2021A Bonds. 123 397 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET JUNE 30, 2023 SPECIAL REVENUE FUNDS Community Developer Development Maintenance Transportation Gas Tax Contributions Block Grant Districts Sales Tax ASSETS Cash and investments $349,087 $11,189,187 $4,990,259 $5,486,805 Receivables: Accounts 147,252 1,315,178 $1,948 68,360 166,956 Accrued interest 2,075 58,921 25,212 Loans 667,537 Leases Restricted cash and investments 1,461 Total Assets $498,414 $12,563,286 $670,946 $5,058,619 $5,678,973 LIABILITIES Liabilities: Accounts payable $501,203 $603 $34,650 Other payable 526,238 Deposits 3,232,930 Due to other funds 100,000 Total Liabilities 3,734,133 626,841 34,650 DEFERRED INFLOWS OF RESOURCES Related to leases Fund Balances: Restricted $498,414 8,829,153 44,105 5,023,969 $5,678,973 Total Fund Balances 498,414 8,829,153 44,105 5,023,969 5,678,973 Total Liabilities, Deferred Inflows of Resources and Fund Balances $498,414 $12,563,286 $670,946 $5,058,619 $5,678,973 124 398 SPECIAL REVENUE FUNDS Road Solid Supplemental Affordable PEG Transit Station Maintenance Waste Law Enforce- City Housing Equipment and Enhancement and Reduction ment Services Programs Trust Access In-Lieu Fee Rehabilitation $1,017,425 $848 $20,005,467 $664,127 $741,784 $2,773,769 $2,948,449 88 52,690 132,750 251 76,348 4,057 9,499 14,301 12,925 14,540 $1,017,425 $1,099 $20,081,815 $682,812 $803,973 $2,788,070 $3,094,124 $146,464 $14,230 $36,723 36,723 146,464 14,230 980,702 $1,099 19,935,351 668,582 $803,973 $2,788,070 $3,094,124 980,702 1,099 19,935,351 668,582 803,973 2,788,070 3,094,124 $1,017,425 $1,099 $20,081,815 $682,812 $803,973 $2,788,070 $3,094,124 (Continued) 125 399 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET JUNE 30, 2023 CAPITAL PROJECTS SPECIAL REVENUE FUNDS FUND Low and SMC Measure W Oyster Point Moderate Public 1/2 Cent Public Arts CFD Income Safety Sales Tax In-Lieu Fee Special Tax B Housing Assets Impact Fee ASSETS Cash and investments $2,080,865 $142,400 $166,754 $2,467,559 $2,069,797 Receivables: Accounts 5,596 Accrued interest 9,032 486 13,034 14,005 Loans 510,921 1,181,466 Restricted cash and investments Total Assets $2,089,897 $142,886 $166,754 $4,178,576 $2,083,802 LIABILITIES Liabilities: Accounts payable $81,885 Other payable 825 Deposits Due to other funds Total Liabilities 82,710 DEFERRED INFLOWS OF RESOURCES Related to leases 1,153,603 Fund Balances: Restricted $2,089,897 $142,886 $166,754 2,942,263 $2,083,802 Total Fund Balances 2,089,897 142,886 166,754 2,942,263 2,083,802 Total Liabilities, Deferred Inflows of Resources and Fund Balances $2,089,897 $142,886 $166,754 $4,178,576 $2,083,802 126 400 CAPITAL PROJECTS FUNDS Oyster Point Sewer Oyster Point Park Land Park Bicycle and Commercial Improvement Capacity Development Acquisition Construction Pedestrian Linkage Impact Fees Charges Impact Fees Fee Fee Impact Fee Impact Fee $36,304 $11,576,637 $68,567 $3,278,740 $9,997,204 $225,903 $15,005,231 44,649 467 58,570 17,123 51,044 1,051 54,899 $36,771 $11,635,207 $113,216 $3,295,863 $10,048,248 $226,954 $15,060,130 $50,082 $12,244 19,500 50,082 31,744 $36,771 $11,635,207 63,134 $3,295,863 $10,048,248 $226,954 15,028,386 36,771 11,635,207 63,134 3,295,863 10,048,248 226,954 15,028,386 $36,771 $11,635,207 $113,216 $3,295,863 $10,048,248 $226,954 $15,060,130 (Continued) 127 401 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET JUNE 30, 2023 DEBT SERVICE CAPITAL PROJECTS FUNDS FUND East of 101 Library Sewer Traffic Child Care Debt Impact Fee Impact Fees Impact Fees Impact Fees Service ASSETS Cash and investments $4,292 $5,249,246 $21,282,308 $14,031,711 Receivables: Accounts Accrued interest 17 26,318 131,163 75,833 Loans Restricted cash and investments Total Assets $4,309 $5,275,564 $21,413,471 $14,107,544 LIABILITIES Liabilities: Accounts payable Other payable Deposits Due to other funds Total Liabilities DEFERRED INFLOWS OF RESOURCES Related to leases Fund Balances: Restricted $4,309 $5,275,564 $21,413,471 $14,107,544 Total Fund Balances 4,309 5,275,564 21,413,471 14,107,544 Total Liabilities, Deferred Inflows of Resources and Fund Balances $4,309 $5,275,564 $21,413,471 $14,107,544 128 402 Total Nonmajor Governmental Funds $137,850,725 1,935,467 656,631 1,192,998 1,181,466 1,461 $142,818,748 $841,361 583,286 3,232,930 100,000 4,757,577 1,153,603 136,907,568 136,907,568 $142,818,748 129 403 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2023 SPECIAL REVENUE FUNDS Community Developer Development Maintenance Transportation Gas Tax Contributions Block Grant Districts Sales Tax REVENUES Property taxes $2,400,240 Sales taxes Other taxes $2,256,563 Intergovernmental $1,934,261 $61,500 $214,476 Interest and rentals 4,549 119,796 13,780 53,726 Charges for services 2,014,923 60,669 Other 21,255 21,821 Total Revenues 1,938,810 2,217,474 310,746 2,400,240 2,310,289 EXPENDITURES Current: Fire Police Public works Parks and recreation 2,235,977 Economic and community development 388,662 280,303 Non-departmental Other Debt service: Principal repayments Interest and fiscal charges Total Expenditures 388,662 280,303 2,235,977 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 1,938,810 1,828,812 30,443 164,263 2,310,289 OTHER FINANCING SOURCES (USES) Transfers in Transfers out (1,728,303) (567,006) (150,000)(344,994) Total Other Financing Sources (Uses)(1,728,303) (567,006) (150,000)(344,994) Net Change in Fund Balances 210,507 1,261,806 (119,557) 164,263 1,965,295 Fund balance - July 1 287,907 7,567,347 163,662 4,859,706 3,713,678 Fund balance - June 30 $498,414 $8,829,153 $44,105 $5,023,969 $5,678,973 130 404 SPECIAL REVENUE FUNDS Road Solid Supplemental Affordable PEG Transit Station Maintenance Waste Law Enforce- City Housing Equipment and Enhancement and Reduction ment Services Programs Trust Access In-Lieu Fee Rehabilitation $167,130 $217,980 $95,643 $1,463,532 611 $171,462 8,722 $19,737 $29,691 27,462 201,743 55,301 10,040,863 5,384 166,623 262,287 297,386 167,741 10,267,626 232,086 186,360 291,978 1,490,994 67,741 98,694 17,209 564,978 181,247 98,694 67,741 564,978 181,247 17,209 198,692 100,000 9,702,648 50,839 169,151 291,978 1,490,994 (24,778) (100,000) (675,869) (1,100,000) (419,885) (24,778) (100,000) (675,869) (1,100,000) (419,885) 173,914 9,026,779 50,839 (930,849) 291,978 1,071,109 806,788 1,099 10,908,572 617,743 1,734,822 2,496,092 2,023,015 $980,702 $1,099 $19,935,351 $668,582 $803,973 $2,788,070 $3,094,124 (Continued) 131 405 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2023 CAPITAL PROJECTS SPECIAL REVENUE FUNDS FUND Low and SMC Measure W Oyster Point Moderate Public 1/2 Cent Public Arts CFD Income Safety Sales Tax In-Lieu Fee Special Tax B Housing Assets Impact Fee REVENUES Property taxes Sales taxes $912,453 Other taxes $196,775 Intergovernmental Interest and rentals 19,243 $777 $248,936 $29,006 Charges for services 142,109 419,113 Other Total Revenues 931,696 142,886 196,775 248,936 448,119 EXPENDITURES Current: Fire 129,027 Police Public works Parks and recreation Economic and community development 335,765 Non-departmental Other 30,021 Debt service: Principal repayments Interest and fiscal charges Total Expenditures 30,021 335,765 129,027 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 931,696 142,886 166,754 (86,829) 319,092 OTHER FINANCING SOURCES (USES) Transfers in Transfers out (206,476) (749,827) Total Other Financing Sources (Uses) (206,476) (749,827) Net Change in Fund Balances 725,220 142,886 166,754 (86,829) (430,735) Fund balance - July 1 1,364,677 3,029,092 2,514,537 Fund balance - June 30 $2,089,897 $142,886 $166,754 $2,942,263 $2,083,802 132 406 CAPITAL PROJECTS FUNDS Oyster Point Sewer Oyster Point Park Land Park Bicycle and Commercial Improvement Capacity Development Acquisition Construction Pedestrian Linkage Impact Fees Charges Impact Fees Fee Fee Impact Fee Impact Fee $5,920,411 $1,022 $121,864 $35,416 $106,858 $2,206 $121,167 105,913 1,107,479 667,352 78,353 1,182,963 38,845 7,377,991 106,935 1,229,343 6,587,763 113,769 1,289,821 41,051 7,499,158 2,800 6,517,645 1,384,870 100,000 100,000 2,800 6,517,645 1,384,870 6,935 1,226,543 70,118 113,769 1,289,821 41,051 6,114,288 (47,978) (156,485) (47,978) (156,485) 6,935 1,226,543 70,118 65,791 1,133,336 41,051 6,114,288 29,836 10,408,664 (6,984) 3,230,072 8,914,912 185,903 8,914,098 $36,771 $11,635,207 $63,134 $3,295,863 $10,048,248 $226,954 $15,028,386 (Continued) 133 407 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2023 DEBT SERVICE CAPITAL PROJECTS FUNDS FUND East of 101 Library Sewer Traffic Child Care Debt Impact Fee Impact Fees Impact Fees Impact Fees Service REVENUES Property taxes Sales taxes Other taxes Intergovernmental Interest and rentals $13 $54,612 $268,931 $157,091 Charges for services 3,622 350,946 1,020,442 542,089 Other Total Revenues 3,635 405,558 1,289,373 699,180 EXPENDITURES Current: Fire Police Public works 2,800 Parks and recreation Economic and community development Non-departmental 2,800 2,800 Other Debt service: Principal repayments $3,185,000 Interest and fiscal charges 8,280,065 Total Expenditures 2,800 2,800 2,800 11,465,065 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 3,635 402,758 1,286,573 696,380 (11,465,065) OTHER FINANCING SOURCES (USES) Transfers in 11,465,065 Transfers out (4,634,659) (490,000) Total Other Financing Sources (Uses)(4,634,659) (490,000) 11,465,065 Net Change in Fund Balances 3,635 402,758 (3,348,086) 206,380 Fund balance - July 1 674 4,872,806 24,761,557 13,901,164 Fund balance - June 30 $4,309 $5,275,564 $21,413,471 $14,107,544 134 408 Total Nonmajor Governmental Funds $2,400,240 912,453 2,838,448 9,689,823 1,616,678 15,369,853 10,518,233 43,345,728 129,027 67,741 6,621,939 2,235,977 1,004,730 22,809 2,161,116 3,285,000 8,280,065 23,808,404 19,537,324 11,465,065 (11,396,260) 68,805 19,606,129 117,301,439 $136,907,568 135 409 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 GAS TAX Variance Variance Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) REVENUES Property taxes Sales taxes Other taxes Intergovernmental $2,099,642 $1,934,261 ($165,381) $562,000 $214,476 ($347,524) Interest and rentals 15,000 4,549 (10,451) 30,000 13,780 (16,220) Charges for services 172,878 60,669 (112,209) Other 21,821 21,821 Total Revenues 2,114,642 1,938,810 (175,832) 764,878 310,746 (454,132) EXPENDITURES Current: Police Public works Parks and recreation Economic and community development 557,018 551,692 5,326 Non-departmental Other Debt service: Principal repayments Interest and fiscal charges Total Expenditures 557,018 551,692 5,326 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 2,114,642 1,938,810 (175,832) 207,860 (240,946) (448,806) OTHER FINANCING SOURCES (USES) Transfers in Transfers out (2,565,713) (1,728,303) 837,410 (150,000) (150,000) Total Other Financing Sources (Uses) (2,565,713) (1,728,303) 837,410 (150,000) (150,000) NET CHANGE IN FUND BALANCES ($451,071) 210,507 $661,578 $207,860 (390,946) ($598,806) Adjustment to budgetary basis: Encumbrance adjustments 271,389 Fund balance - July 1 287,907 163,662 Fund balance - June 30 $498,414 $44,105 BLOCK GRANT COMMUNITY DEVELOPMENT 136 410 MAINTENANCE DISTRICTS SOLID WASTE REDUCTION Variance Variance Variance Final Positive Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) Budget Actual (Negative) $1,941,928 $2,400,240 $458,312 $1,920,452 $2,256,563 $336,111 $95,643 $95,643 25,000 53,726 28,726 180,000 201,743 $21,743 1,941,928 2,400,240 458,312 1,945,452 2,310,289 364,837 275,643 297,386 21,743 606,498 98,694 507,804 2,344,539 2,235,977 108,562 298,980 (298,980) 2,344,539 2,235,977 108,562 606,498 397,674 208,824 (402,611) 164,263 566,874 1,945,452 2,310,289 364,837 (330,855) (100,288) 230,567 (4,389,003) (344,994) 4,044,009 (78,086) (24,778) 53,308 (4,389,003) (344,994) 4,044,009 (78,086) (24,778) 53,308 ($402,611) 164,263 $566,874 ($2,443,551) 1,965,295 $4,408,846 ($408,941) (125,066) $283,875 298,980 4,859,706 3,713,678 806,788 $5,023,969 $5,678,973 $980,702 (Continued) TRANSPORTATION SALES TAX 137 411 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 Variance Variance Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) REVENUES Property taxes Sales taxes Other taxes $100,000 $167,130 $67,130 Intergovernmental Interest and rentals 611 611 $171,462 $171,462 Charges for services 55,301 55,301 Other $4,883,255 10,040,863 5,157,608 Total Revenues 100,000 167,741 67,741 4,883,255 10,267,626 5,384,371 EXPENDITURES Current: Police 67,741 (67,741) Public works Parks and recreation Economic and community development Non-departmental Other 14,255 564,978 (550,723) Debt service: Principal repayments Interest and fiscal charges Total Expenditures 67,741 (67,741) 14,255 564,978 (550,723) EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 100,000 100,000 4,869,000 9,702,648 4,833,648 OTHER FINANCING SOURCES (USES) Transfers in Transfers out (100,000) (100,000)(15,569,505) (675,869) 14,893,636 Total Other Financing Sources (Uses) (100,000) (100,000)(15,569,505) (675,869) 14,893,636 NET CHANGE IN FUND BALANCES ($10,700,505) 9,026,779 $19,727,284 Adjustment to budgetary basis: Encumbrance adjustments Fund balance - July 1 1,099 10,908,572 Fund balance - June 30 $1,099 $19,935,351 ENFORCEMENT SERVICES SUPPLEMENTAL LAW CITY PROGRAMS 138 412 PEG AFFORDABLE HOUSING TRUST EQUIPMENT AND ACCESS Variance Variance Variance Final Positive Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) Budget Actual (Negative) $217,980 $217,980 $1,300,000 $1,463,532 $163,532 8,722 8,722 $5,000 $19,737 $14,737 27,462 27,462 5,384 5,384 125,000 166,623 41,623 232,086 232,086 130,000 186,360 56,360 1,300,000 1,490,994 190,994 17,209 (17,209) $384,614 262,763 121,851 384,614 262,763 121,851 17,209 (17,209) (384,614) (30,677) 353,937 130,000 169,151 39,151 1,300,000 1,490,994 190,994 (1,125,000) (1,100,000) 25,000 (3,992,025) (419,885) 3,572,140 (1,125,000) (1,100,000) 25,000 (3,992,025) (419,885) 3,572,140 ($384,614) (30,677) $353,937 ($995,000) (930,849) $64,151 ($2,692,025) 1,071,109 $3,763,134 81,516 617,743 1,734,822 2,023,015 $668,582 $803,973 $3,094,124 (Continued) ROAD MAINTENANCE AND REHABILITATION 139 413 CITY OF SOUTH SAN FRANCISCO NONMAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2023 SPECIAL TAX B Variance Variance Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) REVENUES Property taxes Sales taxes $853,534 $912,453 $58,919 Other taxes $196,775 $196,775 Intergovernmental Interest and rentals 19,243 19,243 Charges for services Other Total Revenues 853,534 931,696 78,162 196,775 196,775 EXPENDITURES Current: Police Public works Parks and recreation Economic and community development Non-departmental Other $71,000 30,021 40,979 Debt service: Principal repayments Interest and fiscal charges Total Expenditures 71,000 30,021 40,979 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 853,534 931,696 78,162 (71,000) 166,754 237,754 OTHER FINANCING SOURCES (USES) Transfers in Transfers out (1,598,291) (206,476) 1,391,815 Total Other Financing Sources (Uses) (1,598,291) (206,476) 1,391,815 NET CHANGE IN FUND BALANCES ($744,757) 725,220 $1,469,977 ($71,000) 166,754 $237,754 Adjustment to budgetary basis: Encumbrance adjustments Fund balance - July 1 1,364,677 Fund balance - June 30 $2,089,897 $166,754 SMC MEASURE W 1/2 CENT SALES TAX OYSTER POINT CFD 140 414 HOUSING ASSETS Variance Variance Final Positive Final Positive Budget Actual (Negative) Budget Actual (Negative) $167,000 $248,936 $81,936 15,000 (15,000) 182,000 248,936 66,936 894,001 340,834 553,167 $3,185,000 $3,185,000 5,104,450 8,280,065 ($3,175,615) 894,001 340,834 553,167 8,289,450 11,465,065 (3,175,615) (712,001) (91,898) 620,103 (8,289,450) (11,465,065) (3,175,615) 8,289,450 11,465,065 3,175,615 8,289,450 11,465,065 3,175,615 ($712,001) (91,898) $620,103 5,069 3,029,092 $2,942,263 DEBT SERVICE FUND LOW AND MODERATE INCOME 141 415 This Page Left Intentionally Blank 416 INTERNAL SERVICE FUNDS Internal service funds account for department services and financing performed for other departments within the same governmental jurisdiction. Funding comes from charges assessed to the departments benefiting from the service. Internal service funds used at the City include: City Service – Accounts for vehicle maintenance and information technology services provided to City departments. Self Insurance – Accounts for workers' compensation, general liability and property damage claim activity and financing is represented in this fund. Health and Retirement Benefits – Accounts for health and retirement benefits paid on the behalf of eligible City employees. Equipment Replacement – Accounts for resources set-aside for the future replacement of City vehicles and equipment. 143 417 CITY OF SOUTH SAN FRANCISCO INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET POSITION JUNE 30, 2023 Health and Self Retirement Equipment City Service Insurance Benefits Replacement Total ASSETS Current assets: Cash and investments $3,022,642 $19,153,892 $10,490,855 $6,213,829 $38,881,218 Receivables: Accounts 357,701 98,615 456,316 Accrued interest 13,495 95,910 43,466 32,227 185,098 Deposit 216,000 93,790 309,790 Prepaid items 1,358,284 1,358,284 Total current assets 3,036,137 19,823,503 12,085,010 6,246,056 41,190,706 Noncurrent assets: Capital assets: Depreciable, net of accumulated depreciation 5,328,500 5,328,500 Total non-current assets 5,328,500 5,328,500 Total Assets 3,036,137 19,823,503 12,085,010 11,574,556 46,519,206 LIABILITIES Current liabilities: Accounts payable 118,382 144,782 70,554 333,718 Other payable 29,264 148,275 177,539 Current portion of accrued insurance loss 3,381,062 3,381,062 Current portion of compensated absences 82,877 1,211,656 1,294,533 Current portion of long-term debt Total current liabilities 230,523 3,525,844 1,430,485 5,186,852 Noncurrent liabilities: Accrued insurance loss 13,903,000 13,903,000 Compensated absences obligation 188,806 644,607 833,413 Total noncurrent liabilities 188,806 13,903,000 644,607 14,736,413 Total Liabilities 419,329 17,428,844 2,075,092 19,923,265 NET POSITION: Net investment in capital assets 5,328,500 5,328,500 Unrestricted 2,616,808 2,394,659 10,009,918 6,246,056 21,267,441 Total Net Position $2,616,808 $2,394,659 $10,009,918 $11,574,556 $26,595,941 144 418 Health and Self Retirement Equipment City Service Insurance Benefits Replacement Total OPERATING REVENUES Charges for services $6,270,762 $6,574,776 $17,132,515 $1,370,243 $31,348,296 Total Operating Revenues 6,270,762 6,574,776 17,132,515 1,370,243 31,348,296 OPERATING EXPENSES Personnel expenses 2,365,234 666,115 16,820,702 19,852,051 Professional services 872,671 260,326 1,132,997 Program supplies 2,218,013 1,250 24,855 2,244,118 Insurance 12,988 2,877,706 2,890,694 Self-insurance and claims 2,807,004 2,807,004 Repair and maintenance 636,840 428,160 1,065,000 Utilities 104,991 104,991 Depreciation 1,045,253 1,045,253 Other 31,220 586,924 618,144 Total Operating Expenses 6,241,957 6,611,151 17,408,876 1,498,268 31,760,252 Operating Income (Loss)28,805 (36,375) (276,361) (128,025) (411,956) NONOPERATING REVENUES (EXPENSES) Interest income 27,434 200,866 86,902 64,976 380,178 Interest expense (2,870)(2,870) Gain from disposal of capital assets 104,926 104,926 Other 64,501 64,501 Total Nonoperating Revenues (Expenses)27,434 265,367 86,902 167,032 546,735 Net income (loss) before transfers 56,239 228,992 (189,459)39,007 134,779 TRANSFERS Transfers in 450,000 598,442 1,048,442 Change in Net Position 56,239 228,992 260,541 637,449 1,183,221 Net Position - July 1 2,560,569 2,165,667 9,749,377 10,937,107 25,412,720 Net Position - June 30 $2,616,808 $2,394,659 $10,009,918 $11,574,556 $26,595,941 INTERNAL SERVICE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET POSITION FOR THE YEAR ENDED JUNE 30, 2023 CITY OF SOUTH SAN FRANCISCO 145 419 CITY OF SOUTH SAN FRANCISCO INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2023 Health and Self Retirement Equipment City Service Insurance Benefits Replacement Total CASH FLOWS FROM OPERATING ACTIVITIES Cash received from interfund service provided $6,270,762 $6,281,576 $17,033,900 $1,370,243 $30,956,481 Cash payments to suppliers for goods and services (3,876,723) (3,138,032)(521,082) (7,535,837) Cash payments to employees for services (2,296,124) (550,904) (17,418,568)(20,265,596) Cash payments for judgments and claims (2,006,200)(2,006,200) Net Cash Provided by Operating Activities 97,915 586,440 (384,668) 849,161 1,148,848 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in 450,000 598,442 1,048,442 Net Cash Provided by Noncapital Financing Activities 450,000 598,442 1,048,442 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on capital lease (144,637) (144,637) Interest payments (2,870)(2,870) Acquisition of capital assets, net (1,979,957) (1,979,957) Proceeds from the sale of capital assets 113,687 113,687 Net Cash Used in Capital and Related Financing Activities (2,013,777) (2,013,777) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 6,736 41,242 15,624 12,658 76,260 Changes in fair values of investments 16,325 116,021 52,581 38,985 223,912 Net Cash Provided by Investing Activities 23,061 157,263 68,205 51,643 300,172 Net Increase (Decrease) in cash and cash equivalents 120,976 743,703 133,537 (514,531) 483,685 Cash and cash equivalents, beginning 2,901,666 18,410,189 10,357,318 6,728,360 38,397,533 Cash and cash equivalents, ending $3,022,642 $19,153,892 $10,490,855 $6,213,829 $38,881,218 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)$28,805 ($36,375) ($276,361) ($128,025) ($411,956) Adjustments to reconcile operating income (loss) to cash flows from operating activities: Depreciation 1,045,253 1,045,253 Other non-operating revenue (expenses)64,501 64,501 Net change in assets and liabilities: Accounts receivable (357,701) (98,615)(456,316) Deposit Prepaid items (153,911)(153,911) Accounts payable 22,497 115,211 (136,250) (68,035) (66,577) Other payable 148,275 (32) 148,243 Accrued insurance losses 800,804 800,804 Compensated absence obligations 46,613 132,194 178,807 Net Cash Provided by (Used in) Operating Activities $97,915 $586,440 ($384,668) $849,161 $1,148,848 NONCASH TRANSACTIONS Retirement of capital assets ($8,761) ($8,761) 146 420 CUSTODIAL FUNDS Custodial Funds report resources, not in a trust, that are held by the City for other parties outside of the City’s reporting entity. SSF Employee Deferred Comp Trust Oversight – This fund is used to pay for the administrative costs of monitoring the Deferred Compensation Funds on behalf of City employees. The City does not make any contributions to the fund. Oyster Point CFD – Accounts for Community Facilities District No. 2021-01 special assessment collections and debt service payments. 147 421 CITY OF SOUTH SAN FRANCISCO CUSTODIAL FUNDS COMBINING STATEMENT OF FIDUCIARY NET POSITION JUNE 30, 2023 SSF Employee Deferred Comp Trust Oyster Point Oversight CFD TOTAL ASSETS Cash and investments $95,626 $95,626 Interest receivable 619 $780 1,399 Restricted cash and investments 2,255,699 2,255,699 Total Assets 96,245 2,256,479 2,352,724 LIABILITIES Accounts payable Total Liabilities NET POSITION Restricted for others 96,245 96,245 Restricted for bondholders 2,256,479 2,256,479 Total Net Position $96,245 $2,256,479 $2,352,724 148 422 CITY OF SOUTH SAN FRANCISCO CUSTODIAL FUNDS COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE YEAR ENDED JUNE 30, 2023 SSF Employee Deferred Comp Trust Oyster Point Oversight CFD TOTAL ADDITIONS Plan contributions $8,225 $8,225 Property taxes $1,013,213 1,013,213 Contribution from property owners Interest and rentals 1,246 541,243 542,489 Total Additions 9,471 1,554,456 1,563,927 DEDUCTIONS Professional services 50,777 18,754,886 18,805,663 Payments to bondholders 764,850 764,850 Total Deductions 50,777 19,519,736 19,570,513 Change in net position (41,306) (17,965,280) (18,006,586) NET POSITION Beginning of the year 137,551 20,221,759 20,359,310 End of the year $96,245 $2,256,479 $2,352,724 149 423 This Page Left Intentionally Blank 424 STATISTICAL SECTION This part of the City’s Annual Comprehensive Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health. In contrast to the financial section, the statistical section information is not subject to independent audit. Financial Trends These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time: 1.Net Position by Component 2.Changes in Net Position 3.Fund Balances of Governmental Funds 4.Changes in Fund Balance of Governmental Funds Revenue Capacity These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax: 1.Assessed Value of Taxable Property 2.Direct and Overlapping Property Tax Rates 3.Principal Property Tax Payers 4.Property Tax Levies and Collections Debt Capacity These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future: 1.Ratio of Outstanding Debt by Type 2.Computation of Direct and Overlapping Debt 3.Computation of Legal Bonded Debt Margin 4.Continuing Disclosure Requirements: a.Revenue Bond Coverage b.Sewer Debt Service Coverage c.Redevelopment Pledged Revenue Coverage Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place: 1.Demographic and Economic Statistics 2.Principal Employers Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs: 1.Full-Time City Government Employees by Function 2.Operating Indicators by Function/Program 3.Capital Asset Statistics by Function/Program 151 425 STATISTICAL SECTION - (Continued) Miscellaneous Information 1.Collection and Use of 1% Special Transient Occupancy Tax Sources Unless otherwise noted, the information in these schedules is derived from the Annual Comprehensive Financial Reports for the relevant year. 152 426 2014 2015 2016 2017 2018 Governmental activities Net investment in capital assets $230,440,390 $230,517,037 $231,142,079 $254,344,554 $254,570,044 Restricted 42,367,623 49,311,828 52,406,602 54,478,093 96,316,988 Unrestricted (12,317,511) (134,389,522) (120,119,617) (86,808,434) (129,833,581) Total governmental activities net position $260,490,502 $145,439,343 $163,429,064 $222,014,213 $221,053,451 Business-type activities Net investment in capital assets $78,045,318 $78,598,277 $83,930,073 $86,167,704 $90,097,907 Restricted Unrestricted 15,367,085 4,196,654 6,243,225 7,199,925 3,227,395 Total business-type activities net position $93,412,403 $82,794,931 $90,173,298 $93,367,629 $93,325,302 Primary government Net investment in capital assets $308,485,708 $309,115,314 $315,072,152 $340,512,258 $344,667,951 Restricted 42,367,623 49,311,828 52,406,602 54,478,093 96,316,988 Unrestricted 3,049,574 (130,192,868) (113,876,392) (79,608,509) (126,606,186) Total primary government net position $353,902,905 $228,234,274 $253,602,362 $315,381,842 $314,378,753 2019 2020 2021 2022 2023 Governmental activities Net investment in capital assets $271,349,364 $296,243,640 $316,169,957 $384,765,508 $390,845,692 Restricted 117,752,590 138,701,991 160,119,056 139,059,768 130,124,884 Unrestricted (114,028,420) (130,288,161) (144,181,245) (126,989,026) (86,635,416) Total governmental activities net position $275,073,534 $304,657,470 $332,107,768 $396,836,250 $434,335,160 Business-type activities Net investment in capital assets $100,463,280 $111,968,328 $123,628,942 $133,598,554 $132,756,230 Restricted Unrestricted 44,966 2,040,842 7,208,752 4,271,663 10,098,654 Total business-type activities net position $100,508,246 $114,009,170 $130,837,694 $137,870,217 $142,854,884 Primary government Net investment in capital assets $371,812,644 $408,211,968 $439,798,899 $518,364,062 $523,601,922 Restricted 117,752,590 138,701,991 160,119,056 139,059,768 130,124,884 Unrestricted (113,983,454) (128,247,319) (136,972,493) (122,717,363) (76,536,762) Total primary government net position $375,581,780 $418,666,640 $462,945,462 $534,706,467 $577,190,044 Source: City of South San Francisco, Department of Finance (a) The City adjusted certain beginning balances during fiscal years 2014-15 and 2017-18 due to the implementation of GASB Statements 68 and 75. Financial data shown for the proceeding year were not adjusted for the presentation. CITY OF SOUTH SAN FRANCISCO (accrual basis of accounting) Last Ten Fiscal Years (a) Net Position by Component ($200) ($100) $0 $100 $200 $300 $400 $500 $600 $700 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Millions Unrestricted Restricted Invested in Capital Assets Net of Related Debt 153 427 CITY OF SOUTH SAN FRANCISCO Changes in Net Position Last Ten Fiscal Years (Accrual Basis of Accounting) 2014 2015 2016 2017 Expenses Governmental Activities: General Government $7,155,035 $8,421,857 $9,044,518 $10,253,403 Fire Department 21,200,903 22,005,883 22,488,964 25,750,126 Police Department 24,376,379 23,910,436 23,158,168 25,838,242 Public Works 14,980,417 14,493,039 11,916,572 12,396,998 Park, Recreation and Maintenance Services 12,658,309 12,383,880 12,901,657 15,217,677 Library 4,310,550 4,300,885 4,442,577 5,184,282 Economic and Community Development 5,525,541 5,928,316 7,603,275 8,927,162 Interest on Long -Term Debt Total Governmental Activities Expenses 90,207,134 91,444,296 91,555,731 103,567,890 Business-Type Activities: Sewer Rental 19,301,103 23,969,579 18,273,580 22,661,768 Parking District 943,859 503,014 894,769 940,181 Storm Water 1,078,868 1,234,616 1,289,465 1,333,409 Total Business-Type Activities Expenses 21,323,830 25,707,209 20,457,814 24,935,358 Total Primary Government Expenses $111,530,964 $117,151,505 $112,013,545 $128,503,248 Program Revenues Governmental Activities: Charges for Services: General Government $5,785,598 $3,946,302 $4,194,563 $2,225,049 Fire Department 3,304,952 3,520,275 3,450,524 4,242,940 Police Department 2,805,640 2,370,736 2,076,837 2,146,909 Public Works 4,734,813 5,071,729 10,361,525 10,869,608 Park, Recreation and Maintenance Services 3,571,947 3,708,272 3,744,137 3,756,369 Library 138,827 120,850 164,271 96,987 Economic and Community Development 5,800,849 5,337,177 6,131,463 3,911,597 Operating Grants and Contributions 5,601,916 5,753,845 5,581,492 4,533,539 Capital Grants and Contributions 1,538,225 632,735 1,147,337 577,995 Total Government Activities Program Revenues 33,282,767 30,461,921 36,852,149 32,360,993 Business-Type Activities: Charges for Services: Sewer Rental 19,155,467 19,798,033 19,569,341 19,897,769 Parking District 785,586 819,051 843,199 916,687 Storm Water 409,458 407,640 412,105 418,840 Operating Grants and Contributions 7,619,601 6,242,687 5,802,788 5,763,645 Capital Grants and Contributions Total Business-Type Activities Program Revenue 27,970,112 27,267,411 26,627,433 26,996,941 Total Primary Government Program Revenues $61,252,879 $57,729,332 $63,479,582 $59,357,934 Net (Expense)/Revenue Governmental Activities ($56,924,367) ($60,982,375) ($54,703,582) ($71,206,897) Business-Type Activities 6,646,282 1,560,202 6,169,619 2,061,583 Total Primary Government Net Expense ($50,278,085) ($59,422,173) ($48,533,963) ($69,145,314) 154 428 2018 2019 2020 2021 2022 2023 $12,506,188 $12,139,671 $15,378,452 $19,611,586 $20,793,108 $24,977,978 30,352,387 31,986,738 34,442,874 34,492,838 28,530,628 36,852,200 30,732,288 32,994,122 36,095,698 33,376,962 35,635,007 37,885,983 18,379,278 20,425,958 17,737,243 7,567,745 7,544,142 21,880,934 17,162,377 17,962,298 19,620,848 17,159,696 19,482,582 23,539,372 5,910,406 6,241,093 6,728,102 6,274,811 6,060,920 6,639,706 10,094,626 10,557,116 9,837,938 11,728,168 12,034,671 12,923,609 512,376 2,200,344 4,686,930 6,891,224 125,137,550 132,306,996 140,353,531 132,412,150 134,767,988 171,591,006 24,397,607 25,719,049 26,213,885 26,644,459 26,246,647 30,654,615 1,202,319 896,994 1,116,840 1,338,092 1,170,305 1,272,157 1,026,948 1,188,182 1,206,694 922,057 1,309,360 1,460,610 26,626,874 27,804,225 28,537,419 28,904,608 28,726,312 33,387,382 $151,764,424 $160,111,221 $168,890,950 $161,316,758 $163,494,300 $204,978,388 $1,966,755 $7,930,983 $5,217,199 $6,968,307 $5,413,298 $9,249,087 6,327,921 6,052,804 6,073,247 5,952,872 7,857,602 9,231,756 2,230,824 2,351,491 2,092,791 1,642,726 2,878,353 2,299,209 24,727,897 27,811,701 23,355,636 24,859,635 17,734,041 9,071,365 4,489,665 4,293,474 2,872,786 1,165,630 3,058,826 3,927,532 102,124 105,466 97,603 19,037 1,054,339 60,300 13,052,441 14,214,991 9,067,781 4,275,808 28,676,546 19,532,657 5,827,149 12,091,079 8,757,554 8,021,958 10,852,746 12,919,660 2,515,868 1,629,730 4,930,640 5,498,698 3,342,651 2,031,351 61,240,644 76,481,719 62,465,237 58,404,671 80,868,402 68,322,917 22,417,156 24,078,076 24,296,811 24,705,044 22,778,206 23,891,045 1,084,472 1,180,538 1,003,222 764,514 993,986 1,062,751 656,315 540,679 412,707 410,745 412,842 418,583 5,834,455 6,452,950 7,440,041 14,815,460 5,663,695 6,237,114 5,252,622 4,276,151 29,992,398 32,252,243 33,152,781 40,695,763 35,101,351 35,885,644 $91,233,042 $108,733,962 $95,618,018 $99,100,434 $115,969,753 $104,208,561 ($63,896,906) ($55,825,277) ($77,888,294) ($74,007,479) ($53,899,586) ($103,268,089) 3,365,524 4,448,018 4,615,362 11,791,155 6,375,039 2,498,262 ($60,531,382) ($51,377,259) ($73,272,932) ($62,216,324) ($47,524,547) ($100,769,827) 155 429 2014 2015 2016 2017 General Revenues and Other Changes in Net Position Governmental Activities: Taxes: Property Taxes $22,890,828 $24,650,648 $26,438,620 $29,023,618 Sales Taxes 12,725,141 13,932,125 15,188,686 24,087,776 Transient Occupancy Tax 11,174,017 12,947,473 13,393,437 13,631,507 Franchise fees 3,982,092 4,090,073 Other Taxes 8,141,010 8,650,056 5,124,574 5,708,187 Motor Vehicle In-Lieu 40,074 26,995 26,708 28,933 Property taxes in lieu of vehicle license fees 5,319,154 5,551,651 5,770,060 6,133,230 Interest Earnings 1,108,177 629,036 1,354,266 622,518 Gain from sale of property Other 2,012,444 4,577,239 2,334,407 2,365,820 Extraordinary Item Transfers (1,041,120) (1,429,308) (919,547) (1,105,038) Special items 45,205,422 Total Government Activities 62,369,725 69,535,915 72,693,303 129,792,046 Business-Type Activities: Interest Earnings 153,353 126,874 289,201 27,710 Transfers 1,041,120 1,429,308 919,547 1,105,038 Total Business-Type Activities 1,194,473 1,556,182 1,208,748 1,132,748 Total Primary Government $63,564,198 $71,092,097 $73,902,051 $130,924,794 Change in Net Position Governmental Activities $5,445,358 $8,553,540 $17,989,721 $58,585,149 Business-Type Activities 7,840,755 3,116,384 7,378,367 3,194,331 Total Primary Government $13,286,113 $11,669,924 $25,368,088 $61,779,480 CITY OF SOUTH SAN FRANCISCO Changes in Net Position Last Ten Fiscal Years (continued) (Accrual Basis of Accounting) 156 430 2018 2019 2020 2021 2022 2023 $29,551,445 $33,446,750 $37,415,367 $41,561,039 $40,011,221 $47,680,587 28,340,393 31,843,568 31,855,027 33,039,229 38,143,689 37,722,042 13,978,533 17,091,222 13,829,025 6,710,271 12,135,638 16,357,104 4,403,493 4,469,808 4,594,577 4,498,202 4,863,076 5,240,637 5,871,096 4,995,404 4,515,376 4,529,764 6,537,423 8,059,817 34,452 32,200 53,089 49,785 77,558 67,937 6,438,199 7,150,867 7,457,005 4,888,696 11,988,715 8,760,770 1,097,916 4,808,664 6,384,253 941,856 (6,724,092) 5,104,060 840,298 1,518,059 1,807,446 5,180,288 7,799,392 9,152,218 11,602,214 14,458,939 17,335,302 (1,997,377) (2,101,222) (8,060,646) (4,984,746) (1,419,235) (2,195,337) (7,154,626) (531,591)276,939 (1,378,533) (2,962,923) (5,173,366) 85,743,812 109,845,360 107,472,230 101,457,777 118,628,068 140,766,999 37,072 633,704 824,916 52,623 (761,751) 291,068 1,997,377 2,101,222 8,060,646 4,984,746 1,419,235 2,195,337 2,034,449 2,734,926 8,885,562 5,037,369 657,484 2,486,405 $87,778,261 $112,580,286 $116,357,792 $106,495,146 $119,285,552 $143,253,404 $21,846,906 $54,020,083 $29,583,936 $27,450,298 $64,728,482 $37,498,910 5,399,973 7,182,944 13,500,924 16,828,524 7,032,523 4,984,667 $27,246,879 $61,203,027 $43,084,860 $44,278,822 $71,761,005 $42,483,577 157 431 CITY OF SOUTH SAN FRANCISCO Fund Balances of Governmental Funds Last Ten Fiscal Years (Modified Accrual Basis of Accounting) 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 General Fund Nonspendable $14,163 $1,134 $33,580 $474 $106 $372 $574 $574 $4,099 $477,122 Restricted 20,582,335 19,201,948 18,372,633 18,372,633 14,763,033 2,823,118 Committed 3,879,451 2,536,790 3,654,283 11,780,724 16,725,897 22,619,868 17,723,338 17,723,338 16,083,977 20,536,653 Assigned 743,746 1,458,029 1,578,153 5,244,279 4,334,322 11,881,363 5,720,788 5,720,788 7,482,439 8,661,539 Unassigned 15,891,899 17,285,422 17,751,169 39,278,746 19,644,232 31,239,632 43,296,762 43,296,762 38,313,108 56,060,734 Total General Fund $20,529,259 $21,281,375 $23,017,185 $56,304,223 $61,286,892 $84,943,183 $85,114,095 $85,114,095 $76,646,656 $88,559,166 (a) All Other Governmental Funds Nonspendable $39,205 Restricted $42,392,238 $43,437,361 $52,938,897 $55,195,500 $78,603,366 103,135,202 $140,143,149 $140,143,149 $243,582,187 $204,257,085 Assigned 6,188,554 367,023 29,363,924 29,363,924 24,889,824 20,229,463 Unassigned (521,604) (40,459)(88,331) (11,073) (2,971,345) 235,649 235,649 (1,437,892) (1,004,155) Total all other governmental funds $41,870,634 $49,585,456 $53,305,920 $55,107,169 $78,592,293 $100,203,062 $169,742,722 $169,742,722 $267,034,119 $223,482,393 #REF!#REF!62,399,893 70,866,831 76,323,105 76,323,105 111,411,392 254,856,817 312,041,559 (a) The change in total fund balance for the General Fund and other governmental funds is explained in Management's Discussion and Analysis. $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Thousands Total Committed Total Unassigned Total Assigned Total Restricted Total Nonspendable 158 432 This Page Left Intentionally Blank 433 CITY OF SOUTH SAN FRANCISCO Changes in Fund Balance of Governmental Funds Last Ten Fiscal Years (Modified Accrual Basis of Accounting) 2014 2015 2016 2017 Revenues Property Taxes $23,010,136 $24,650,648 $26,438,620 $35,156,848 Other Taxes 33,931,446 38,275,478 41,811,097 49,608,385 Intergovernmental revenues 10,757,440 10,453,071 12,360,354 4,019,771 Interest and Rents 3,632,693 3,531,966 4,207,453 3,100,692 Licenses and permits 4,366,271 4,795,158 6,896,897 7,823,403 Charges for services 16,864,409 13,387,712 15,386,358 14,485,367 Fines and forfeitures 1,528,319 1,221,413 791,756 899,118 Other 2,249,728 4,660,668 2,439,579 2,906,625 Total Revenues 96,340,442 100,976,114 110,332,114 118,000,209 Expenditures Current: General government 5,970,429 7,167,969 8,469,924 9,399,930 Fire Department 20,163,759 21,247,989 24,175,340 25,632,366 Police Department 23,309,568 23,611,743 25,458,986 25,998,097 Public works 16,791,894 15,923,071 14,846,346 12,143,965 Recreation and Community Services 11,552,502 11,826,407 13,234,028 14,897,157 Library 3,987,928 4,247,650 4,681,188 5,157,355 Economic and Community Development 5,972,966 5,917,508 7,907,655 8,943,111 Other 480,290 395,749 274,183 Capital outlay Debt service: Principal repayment 453,381 352,674 656,000 23,000 Interest and fiscal charges Total Expenditures 88,202,427 90,775,301 99,825,216 102,469,164 Excess (deficiency) of revenues over (under) expenditures 8,138,015 10,200,813 10,506,898 15,531,045 Other Financing Sources (Uses) Transfers in 21,870,234 17,983,227 8,143,075 14,327,130 Transfers (out)(24,149,582) (19,717,102) (13,193,699)(16,368,499) Lease revenue bonds issued Premium on bonds Sale of capital assets 1,016,276 Loss on sale of property held for resale Total other financing sources (uses)(2,279,348)(1,733,875)(5,050,624)(1,025,093) Net Change in fund balances before extraordinary and special items 5,858,667 8,466,938 5,456,274 14,505,952 Extraordinary item Special item 20,582,335 Net change in fund balances $5,858,667 $8,466,938 $5,456,274 $35,088,287 Debt service as a percentage of noncapital expenditures 0.6%0.4%0.7%0.0% For The Fiscal Year Ended June 30, 160 434 2018 2019 2020 2021 2022 2023 $35,989,644 $40,597,617 $44,872,372 $46,449,735 $51,999,936 $56,441,357 54,597,272 60,721,378 57,214,783 51,008,432 64,411,396 70,762,243 8,433,240 13,179,593 18,317,060 17,867,273 24,822,304 19,574,277 3,524,727 7,231,303 8,864,998 3,620,391 (2,537,324)7,857,199 14,674,809 15,381,416 15,900,500 15,589,002 14,062,474 20,467,644 31,961,419 41,055,659 27,442,005 23,191,413 45,787,046 27,477,040 423,604 926,729 814,354 535,750 700,961 757,019 6,454,460 7,994,701 3,067,691 7,893,148 2,524,116 11,321,587 156,059,175 187,088,396 176,493,763 166,155,144 201,770,909 214,658,366 10,403,449 10,166,977 12,453,262 12,112,319 15,422,722 15,449,760 26,059,072 27,576,879 28,161,459 31,817,325 32,597,540 35,641,540 26,970,854 28,533,292 37,468,430 70,954,323 39,678,917 36,493,052 23,859,399 38,459,963 40,070,330 51,501,254 87,823,372 89,991,879 15,468,370 16,530,603 17,130,302 15,795,645 20,295,842 22,598,050 5,379,836 5,628,693 5,940,870 5,903,883 6,495,279 6,475,274 9,338,793 9,085,390 8,780,903 11,227,503 12,709,167 12,775,661 256,298 333,024 723,901 3,490,091 5,610,278 2,161,116 5,520,422 141,250 2,382,000 3,464,000 1,210,000 975,000 4,635,000 3,285,000 739,146 2,307,460 5,525,760 8,280,065 120,118,071 139,778,821 152,678,603 206,084,803 236,314,299 233,292,647 35,941,104 47,309,575 23,815,160 (39,929,659)(34,543,390)(18,634,281) 26,486,651 22,230,499 38,117,966 37,970,252 36,220,467 30,464,581 (30,795,941)(24,581,721)(46,647,023)(43,202,081)(38,772,007)(33,708,360) 43,905,000 86,410,000 65,420,000 10,242,530 18,116,565 6,686,317 3,990,605 840,298 (2,718,691)1,507,641 1,852,123 (6,439,913) (318,685)(1,510,924)45,618,473 96,576,045 71,062,418 (7,831,569) 35,622,419 45,798,651 69,433,633 56,646,386 36,519,028 (26,465,850) (7,154,626)(531,591)276,939 (1,378,533)(2,962,923)(5,173,366) $28,467,793 $45,267,060 $69,710,572 $55,267,853 $33,556,105 ($31,639,216) 2.2%3.0%1.7%2.9%7.0%7.3% For The Fiscal Year Ended June 30, 161 435 Real Property Net Taxable value Fiscal Year Residential Property Commercial Property Industrial Property Other Total Secured Property Unsecured Property Total Assessed (a) Estimated Full Market (a) Total Direct Tax Rate (b) 2014 5,900,441,192$ 1,713,575,060$ 4,273,694,531$ 1,204,288,116$ 13,091,998,899$ 1,212,353,871$ 14,304,352,770$ 14,304,352,770$ 0.13474% 2015 6,313,393,048$ 2,402,335,027$ 4,588,967,014$ 345,957,716$ 13,650,652,805$ 1,244,971,467$ 14,895,624,272$ 14,895,624,272$ 0.13804% 2016 6,716,642,000$ 2,000,204,271$ 5,189,813,366$ 376,874,603$ 14,283,534,240$ 1,197,263,526$ 15,480,797,766$ 15,480,797,766$ 0.13634% 2017 7,087,550,257$ 2,160,377,671$ 5,414,028,340$ 412,344,220$ 15,074,300,488$ 1,381,715,511$ 16,456,015,999$ 16,456,015,999$ 0.13632% 2018 7,458,269,085$ 2,171,084,856$ 5,838,028,479$ 383,589,586$ 15,850,972,006$ 1,423,348,022$ 17,274,320,028$ 17,274,320,028$ 0.13631% 2019 7,882,766,880$ 2,511,501,574$ 6,673,522,321$ 353,621,189$ 17,421,411,964$ 1,765,066,449$ 19,186,478,413$ 19,186,478,413$ 0.13640% 2020 8,459,303,983$ 2,717,851,133$ 7,535,473,093$ 491,981,925$ 19,204,610,134$ 1,727,590,717$ 20,932,200,851$ 20,932,200,851$ 0.13638% 2021 9,020,710,463$ 2,872,601,136$ 8,744,250,213$ 507,383,957$ 21,144,945,769$ 2,056,800,753$ 23,201,746,522$ 23,201,746,522$ 0.13622% 2022 9,440,006,474$ 4,059,376,407$ 8,650,209,742$ 508,430,937$ 22,658,023,560$ 1,993,694,829$ 24,651,718,389$ 24,651,718,389$ 0.13587% 2023 10,164,770,095$ 4,381,130,308$ 10,124,533,866$ 656,275,416$ 25,326,709,685$ 2,403,730,974$ 27,730,440,659$ 27,730,440,659$ 0.13605% Source: HdL Coren & Cone, San Mateo County Assessor 2013/14-2022/23 Tax Property Values. (a) (b) CITY OF SOUTH SAN FRANCISCO The State Constitution requires property to be assessed at one hundred percent of the most recent purchase price, plus an increment of no more than two percent annually, plus any local over-rides. These values are considered to be full market values. California cities do not set their own direct tax rate. The state constitution establishes the rate at 1% and allocates a portion of that amount, by an annual calculation, to all the taxing entities within a tax rate area. ASSESSED VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Mi l l i o n s Total Secured Property Unsecured Property 162 436 Fiscal Basic School Total Direct/Overlapping Year Levy Districts Tax Rates 2014 1.000 0.2046 1.2046 (1,20) 2015 1.000 0.1822 1.1822 (1,21) 2016 1.000 0.1750 1.1750 (1,22) 2017 1.000 0.1749 1.1749 (1,23) 2018 1.000 0.1642 1.1642 (1,24) 2019 1.000 0.1548 1.1548 (1,25) 2020 1.000 0.1648 1.1648 (1,26) 2021 1.000 0.1893 1.1893 (1,27) 2022 1.000 0.1542 1.1542 (1,28) 2023 1.000 0.1408 1.1408 (1,29) Notes: Source: HDL, Coren & Cone (San Mateo County Assesor 2013/14 -2022/23 Tax Rate Table (25) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0597 percent, which includes SSFUSD & San Mateo Jr College bond. 4 has a rate of 1.1126 percent which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SM Jr College bonds. 1 has a rate of 1.0801 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Jr. Coll bonds. (26) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0647, which includes SSFUSD & San Mateo Jr College bond. 4 has a rate of 1.1267 which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SM Jr College bonds. 1 has a rate of 1.1148, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Jr. Coll bonds. (27) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0563, which includes SSFUSD & San Mateo Jr College bond. 4 has a rate of 1.1543 which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SM Jr College bonds. 1 has a rate of 1.1112, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Jr. Coll bonds. (28) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0579, which includes SSFUSD & San Mateo Jr College bond. 4 has a rate of 1.1190 which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SMCCCD 2021 and SM Jr College bonds. 1 has a rate of 1.1103, which includes San Bruno Pk Elem bond, SM Union High, SM High, SMCCCD 2021 and San Mateo Jr. Coll bonds. (29) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0499, which includes SSFUSD & San Mateo Jr College bond. 4 has a rate of 1.1102 which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SMCCCD 2021 and SM Jr College bonds. 1 has a rate of 1.1026, which includes San Bruno Pk Elem bond, SM Union High bond, SM High, SMCCCD 2021 and San Mateo Jr. Coll bonds. CITY OF SOUTH SAN FRANCISCO DIRECT AND OVERLAPPING PROPERTY TAX RATES LAST TEN FISCAL YEARS (1) Like other cities, South San Francisco includes several property tax rate areas with different rates. (23) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0714 percent, which includes SSFUSD bonds & San Mateo Jr College bond. 4 has a rate of 1.1282 percent which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SM Jr College bonds. 1 has a rate of 1.0910 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Comm Coll bond. (24) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0601 percent, which includes SSFUSD bonds & San Mateo Jr College bond. 4 has a rate of 1.1276 percent which includes Brisbane ESD Bond, Jefferson High bonds, Jefferson USHD, SM Jr College bonds. 1 has a rate of 1.0900 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Comm Coll bond. (20) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0522 percent, which includes SSFUSD bonds, San Mateo Jr College bond, and San Mateo Comm College. 4 has a rate of 1.1048 percent which includes Brisbane ESD Bond, Jefferson High bonds, SM Jr College bond and San Mateo Comm College. 1 has a rate of 1.0864 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, and San Mateo Comm College. 1 has a rate of 1.0864 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Comm Coll bond. (21) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0703 percent, which includes SSFUSD bonds, San Mateo Jr College bond, and San Mateo Comm College. 4 has a rate of 1.0991 percent which includes Brisbane ESD Bond, Jefferson High bonds, SM Jr College bond and San Mateo Comm College. 1 has a rate of 1.0983 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High,SM Jr College bond and San Mateo Comm Coll bond. (22) Of the 68 tax rate areas in the City, 63 have a tax rate of 1.0707 percent, which includes SSFUSD bonds, San Mateo Jr College bond, and San Mateo Comm College. 3 has a rate of 1.1080 percent and 1 with 1.1068 percent rate which includes College bond Brisbane ESD Bond, Jefferson High bonds, SM Jr and San Mateo Comm College. 1 has a rate of 1.0929 percent, which includes San Bruno Pk Elem bond, SM Union High, SM High, SM Jr College bond and San Mateo Comm Coll bond. 163 437 Percentage Percentage of Total City of Total City Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value Genentech Inc.*3,156,586,644$ 1 11.38% 1,786,247,540$ 1 12.49% HCP Oyster Point III LLC 861,135,005 2 3.11%-- Slough SSF LLC 706,344,528 3 2.55% 1,057,879,509 2 7.40% ARE San Francisco LLC*560,376,454 4 2.02% 227,558,340 4 1.59% GNS North Tower LP*475,429,011 5 1.71%-- BMR 1000 Gateway LP*455,894,074 6 1.64%-- Kilroy Realty 447,345,388 7 1.61%-- GNS South Tower LP*435,506,434 8 1.57%-- Britannia Pointe Grand LP 332,388,936 9 1.20% 286,079,475 3 -- United Airlines Inc 292,552,819 10 1.05% 192,172,702 5 -- Myers Peninsula Venture LLC*-- 138,793,737 6 0.97% Gateway Center LLC -- 137,981,651 7 0.96% BMR 180 Oyster Point LLC*-- 129,633,840 8 0.91% ASN Solaire LLC -- 106,660,104 9 0.75% ARE San Francisco No 41 EXCH LLC -- 103,253,158 10 0.72% Subtotal 7,723,559,293$ 27.85% 4,166,260,056$ 29.13% Total Net Assessed Valuation: Fiscal Year 2022-23 27,730,440,659$ Fiscal Year 2013-14 14,304,352,770$ * Pending Appeals on Parcels HdL Coren & Cone, 2013/14 & 2022/23 Top Ten Property Taxpayers (Net Values). San Mateo County Assessor 2013/14 & 2022/23 Combined Tax Rolls and the SBE Non Unitary Tax Roll Source: 2022-23 2013-14 CITY OF SOUTH SAN FRANCISCO Principal Property Tax Payers Current Year and Nine Years Ago 164 438 Fiscal Percent of Year Allocations (5) Collections Delinquencies Delinquent taxes 2014 14,928,197$ (4)(4)0.0% 2015 15,184,788 (4)(4)0.0% 2016 15,994,773 (4)(4)0.0% 2017 17,065,875 (4)(4)0.0% 2018 17,894,855 (4)(4)0.0% 2019 19,365,814 (4)(4)0.0% 2020 20,651,650 (4)(4)0.0% 2021 22,660,544 (4)(4)0.0% 2022 23,680,782 (4)(4)0.0% 2023 25,780,768 (4)(4)0.0% Notes: (1) Excludes State Reimbursed Exemptions and deductions for County property tax administration. (2) County adopted full cash value method of valuation rather than assessed valuation. (3) Levies include real and personal property. (5) San Mateo County controller's Office. Adjusted estimated revenue for City of South San Francisco. Source: San Mateo County Auditor -- Controller's Office; Finance Department Revenue Reports (4) Information not applicable. All general purpose property taxes are levied by the County and allocated to other governmental entities. CITY OF SOUTH SAN FRANCISCO PROPERTY TAX LEVIES AND COLLECTIONS (1) LAST TEN FISCAL YEARS $6 $7 $8 $9 $10 $11 $12 $13 $14 $15 $16 $17 $18 $19 $20 $21 $22 $23 $24 $25 $26 $27 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Mi l l i o n s 165 439 CITY OF SOUTH SAN FRANCISCO Ratio of Outstanding Debt by Type Last Ten Fiscal Years Governmental Activities Loans from Lease Fiscal Successor Revenue Financing Year Agency Bonds Lease Total 2014 11,722,826$ -$ 3,316,836$ 15,039,662$ 2015 11,370,152 - 2,786,573 14,156,725 2016 10,714,152 - 2,238,998 12,953,150 2017 10,691,152 - 1,673,522 12,364,674 2018 8,309,152 - 1,135,102 9,444,254 2019 4,845,152 - 753,619 5,598,771 2020 3,635,152 43,905,000 489,781 48,029,933 2021 3,595,152 156,980,389 285,529 160,861,070 2022 2,150,152 224,792,690 144,637 227,087,479 2023 2,050,152 220,225,077 - 222,275,229 Business-Type Activities Sewer State Water Total Percentage Fiscal Revenue Resources Primary of Personal Per Year Bonds Loans Total Government Income (a) Capita (a) 2014 4,385,000$ 47,591,019$ 51,976,019$ 67,015,681$ 3.30% 1,019.27$ 2015 4,120,000 43,543,614 47,663,614 61,820,339 2.92% 957.19 2016 3,850,000 39,392,832 43,242,832 56,195,982 2.59% 858.60 2017 3,570,000 35,136,032 38,706,032 51,070,706 2.22% 761.32 2018 3,275,000 30,770,503 34,045,503 43,489,757 1.80% 648.35 2019 2,970,000 35,148,205 38,118,205 43,716,976 1.63% 644.04 2020 2,655,000 50,150,607 52,805,607 100,835,540 3.48% 1,501.98 2021 2,325,000 60,480,459 62,805,459 223,666,529 7.10% 3,468.13 2022 1,980,000 60,799,450 62,779,450 289,866,929 8.55% 4,506.43 2023 1,620,000 58,447,078 60,067,078 282,342,307 n/a n/a Note : Debt amounts exclude any premiums, discounts, or other amortization amounts. Sources: City of South San Francisco State of California, Department of Finance (population) U.S. Department of commerce, Bureau of the Census (income) (a) See Schedule of Demographic and Economic Statistics for personal income and population data. $- $50 $100 $150 $200 $250 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Mi l l i o n s Total Governmental Total Business 166 440 CITY OF SOUTH SAN FRANCISCO COMPUTATION OF DIRECT AND OVERLAPPING DEBT JUNE 30, 2023 2022-23 Assessed Valuation:27,730,440,659$ Redevelopment Incremental Valuation:- Adjusted Assessed Valuation:27,730,440,659$ Total Debt City's Share of OVERLAPPING TAX AND ASSESSMENT DEBT:6/30/2023 % Applicable (1) Debt 6/30/23 San Mateo Community College District 708,837,622$ 9.614% 68,147,649$ Jefferson Union High School District 289,848,562 4.350 12,608,412 South San Francisco Unified School District 308,886,397 91.506 282,649,586 Brisbane School District 30,481,439 24.203 7,377,423 City of South San Francisco Community Facilities District No. 2021-1 19,685,000 100.000 19,685,000 TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT 390,468,070$ DIRECT AND OVERLAPPING GENERAL FUND DEBT: San Mateo County General Fund Obligations 589,931,687$ 9.614% 56,716,032$ San Mateo County Board of Education Certificates of Participation 6,120,000 9.614 588,377 San Mateo County Flood Control and Sea LRR District General Fund Obligations 13,890,000 62.238 8,644,858 South San Francisco Unified School District General Fund Obligations 2,770,000 91.506 2,534,716 Jefferson Union High School District Certificates of Participation 47,490,000 4.350 2,065,815 City of South San Francisco Lease Revenue Bonds 220,225,077 100.000 220,225,077 City of South San Francisco Loans Payable 2,050,152 100.000 2,050,152 San Mateo County Mosquito and Vector Control District General Fund Obligations 3,617,831 9.614 347,818 TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT:293,172,845$ TOTAL DIRECT DEBT 222,275,229$ Total Overlapping Debt 461,365,686$ COMBINED TOTAL DEBT 683,640,915$ (2) (1) Percentage of overlapping debt applicable to the city is estimated uisng taxable assessed property value. Applicable percentages were estimated by determining the portion of the overlapping district's asseessed value that is within the boundaries of the city divided by the destrict's total taxable asse Ratios to Adjusted Assessed Valuation: Total Overlapping Tax and Assessment Debt 1.41% Total Direct Debt 0.80% Combined Total Debt 2.47% Source: California Municipal Statistics, Inc. and City of South San Francisco 510-658-2640 Austin Busch (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded capital lease obligations. 167 441 ASSESSED VALUATION:27,730,440,659$ BONDED DEBT LIMIT (3.75% OF ASSESSED VALUE) (a)1,039,891,525$ LESS AMOUNT OF DEBT SUBJECT TO LIMIT:- LEGAL BONDED DEBT MARGIN 1,039,891,525$ Total net debt Total Net Debt Legal applicable to the limit Fiscal Debt Applicable to Debt as a percentage Year Limit Limit Margin of debt limit 2014 536,413,229$ -$ 536,413,229$ 0.00% 2015 558,585,910 - 558,585,910 0.00% 2016 580,561,386 - 580,561,386 0.00% 2017 617,102,145 - 617,102,145 0.00% 2018 647,787,001 - 647,787,001 0.00% 2019 719,492,940 - 719,492,940 0.00% 2020 784,957,532 - 784,957,532 0.00% 2021 870,065,495 - 870,065,495 0.00% 2022 924,439,440 - 924,439,440 0.00% 2023 1,039,891,525 - 1,039,891,525 0.00% NOTE: (a) Source: HDL Coren & Cone, San Mateo County Assessor - Combined Tax Rolls CITY OF SOUTH SAN FRANCISCO COMPUTATION OF LEGAL BONDED DEBT MARGIN JUNE 30, 2023 California Government Code, Section 43605 sets the debt limit at 15%. The Code section was enacted prior to the change in basing assessed value to full market value when it was previously 25% of market value. Thus, the limit shown as 3.75% is one- fourth the limit to account for the adjustment of showing assessed valuation at full cash value. 168 442 CITY OF SOUTH SAN FRANCISCO REVENUE BOND COVERAGE SEWER RENTAL ENTERPRISE FUND LAST TEN FISCAL YEARS Net Revenue Debt Service Requirements (4) Fiscal Gross Operating Available for Year Revenue (1)Expenses (2)Debt Service Principal Interest Total Coverage 2014 26,908,316$ 14,904,225$ 12,004,091$ 255,000$ 199,831$ 454,831$ 26.39 2015 26,147,550 18,630,672 7,516,878 265,000 190,533 455,533 16.50 2016 25,610,518 13,514,706 12,095,812 270,000 180,566 450,566 26.85 2017 25,684,966 17,357,273 8,327,693 280,000 169,976 449,976 18.51 2018 28,287,485 19,073,940 9,213,545 295,000 158,616 453,616 20.31 2019 30,393,993 20,398,157 9,995,836 305,000 146,616 451,616 22.13 2020 31,807,110 21,064,165 10,742,945 315,000 134,019 449,019 23.93 2021 33,885,393 21,401,332 12,484,061 330,000 120,593 450,593 27.71 2022 27,789,553 20,992,476 6,797,077 345,000 106,331 451,331 15.06 2023 30,343,556 22,399,721 7,943,835 360,000 90,000 450,000 17.65 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) Gross revenue includes operating revenue and non-operating revenue. (2) Direct operating expenses include operating expenses (except depreciation) and non-operating expenses (except interest expense). (3) Retirement of principal for 2005 Sewer Revenue Bonds begins in fiscal year 2008. (4) The requirement does not include loan payments on State Water Resources Board loans. See schedule of Sewer Debt service coverage for details. Source: City of South San Francisco, Department of Finance $5 $10 $15 $20 $25 $30 $35 $40 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Mi l l i o n s Revenue (1) Expenses (2) 169 443 CITY OF SOUTH SAN FRANCISCO SEWER DEBT SERVICE COVERAGE SEWER RENTAL ENTERPRISE FUND LAST EIGHT FISCAL YEARS Fiscal Year 2016 2017 2018 2019 2020 2021 2022 2023 Revenues Service Charges 19,515,093$ 19,750,636$ 22,188,154$ 23,556,871$ 24,150,139$ 24,526,952$ 22,567,226$ 23,180,130$ Connection and Other Fees 104,283 147,134 229,002 521,205 146,672 178,092 210,980 710,915 Interest Income 238,389 23,552 31,061 488,437 623,256 41,888 (652,348) 215,397 Developer Fees Other Cities' Participation (1)5,752,765 5,763,644 5,834,455 5,827,480 6,887,043 9,138,461 5,663,695 6,237,114 Total Revenues 25,610,530$ 25,684,966$ 28,282,672$ 30,393,993$ 31,807,110$ 33,885,393$ 27,789,553$ 30,343,556$ Operating Expenses (2)18,759,650$ 13,514,718$ 19,073,943$ 20,398,147$ 21,064,167$ 21,401,330$ 21,049,553$ 22,399,721$ Wastewater System Net Revenues 6,850,880$ 12,170,248$ 9,208,729$ 9,995,846$ 10,742,943$ 12,484,063$ 6,740,000$ 7,943,835$ Parity Debt Service (3) State Water Resources Control Board Loans 5,449,692$ 5,454,747$ 5,469,175$ 5,477,075$ 5,485,587$ 5,497,048$ 5,510,447$ 6,088,369$ CSCDA Series 2005D Revenue Bonds 178,036 167,284 155,706 143,608 130,815 117,175 102,716 85,562 Total Parity Debt 5,627,728$ 5,622,031$ 5,624,881$ 5,620,683$ 5,616,402$ 5,614,223$ 5,613,163$ 6,173,931$ Total Parity Debt Service Coverage 1.22 2.16 1.64 1.78 1.91 2.22 1.20 1.29 10,012,867 10,012,867 10,012,867 10,012,867 10,012,867 10,012,867 10,012,867 (2) Excludes depreciation, capital expenditures and debt service. (3) Includes Sewer Revenue Bonds and State Water Loan payments excluding construction interest (1) Primarily consists of payments from the City of San Bruno. The City of San Bruno is a co-owner of the Plant and pays the City in advance on a quarterly basis for the City of San Bruno's share of operating costs. See "Wastewater System" herein. (4) Reflects an adopted increase in rates for Fiscal Year 2004-05 of 25% per Resolution No. 68-2004, adopted by the City Council on July 14, 2004 and effective on and after July 1, 2004 and an adopted increase in rates for Fiscal Year 2005-06 of 9% per Resolution No. 68-2005, adopted by the City Council on June 22, 2005 and effective on and after June 22, 2005. 170 444 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT PLEDGED REVENUE COVERAGE LAST TEN FISCAL YEARS Funding Source: RDA tax increment revenues Fiscal Available Debt Service Requirements Fiscal Available Debt Service Requirements Year Revenue Principal Interest Total Coverage Year Revenue Principal Interest Total Coverage 2014 1,545,000$ 2,971,344$ 4,516,344$ 2014 220,000$ 69,780$ 28,780$ 2015 1,605,000 2,904,331 4,509,331 2015 230,000 58,750 288,750 2016 1,680,000 2,834,619 4,514,619 2016 245,000 46,875 291,875 2017 1,745,000 2,761,756 4,506,756 2017 255,000 34,375 289,375 2018 2018 275,000 21,125 296,125 2019 2019 285,000 7,125 292,125 2020 2020 2021 2021 2022 2022 2023 2023 Bond was paid off in fiscal year 2017 Funding Source: RDA tax increment revenues Fiscal Available Debt Service Requirements Year Revenue Principal Interest Total Coverage 2014 1,545,000$ 2,971,344$ 4,516,344$ 2015 1,605,000 2,904,331 4,509,331 2016 1,680,000 2,834,619 4,514,619 2017 1,745,000 2,761,756 4,506,756 2018 - - - 2019 - - - 2020 - - - 2021 - - - 2022 - - - 2023 - - - Note: Redevelopment Agencies abolished as of 1/31/2012. Numbers for 2012 include the first and second RPTTF distributions received. (A) Shows coverage of all non-housing bonds pledged to tax increment. Source: City of South San Francisco, Department of Finance RDA All Non-housing (A) 2006 RDA Revenue Bonds Funding Source: RDA Gateway and Low Moderate Income Housing tax increment revenues. Gateway bonds defeased in FY 05-06. 1999 RDA Revenue Bonds (Housing) 171 445 City City Estimated Personal Per Capita City San Mateo City City Income (2) Personal Unemployment County Population Year Population (1) (in thousands) Income (2) Rate (3) Population (4) % of County 2013 65,710 2,005,666$ 30,523$ 5.2% 747,373 8.79% 2014 65,749 2,033,156 30,923 4.5% 745,635 8.82% 2015 64,585 2,114,826 32,744 3.6% 765,135 8.44% 2016 65,451 2,167,750 33,120 3.2% 764,797 8.56% 2017 67,082 2,303,425 35,193 3.2% 771,410 8.70% 2018 67,078 2,421,033 36,092 2.3% 769,545 8.72% 2019 67,879 2,684,438 39,547 2.3% 766,573 8.85% 2020 67,135 2,895,980 43,136 8.9% 765,245 8.77% 2021 64,492 3,148,543 48,820 5.7% 737,888 8.74% 2022 64,323 3,391,203 52,721 2.6% 729,181 8.82% Notes: ** All data were updated to reflect the City of South San Francisco's current information available through HDL, Coren & Cone Data Sources: (1) City Population: HDL/California State Dept of Finance. (2) Personal and per capita income: HDL, Coren & Cone (3) Unemployment Data: HDL/California Employment Development Department (4) San Mateo County Population- https://www.census.gov/quickfacts/fact/table/sanmateocountycalifornia,CA/PST045219 CITY OF SOUTH SAN FRANCISCO DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN CALENDAR YEARS $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 City Personal Income (in Thousands) 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 City Unemployment Rate 8.20% 8.30% 8.40% 8.50% 8.60% 8.70% 8.80% 8.90%8.79%8.82% 8.44% 8.56% 8.70%8.72% 8.85% 8.77%8.74% 8.82% City Population % of County $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 City Per Capita Personal Income 172 446 Percentage Percentage Number of of Total City Number of of Total City Employer Employees Rank Employment Employees Rank Employment Genentech Inc.8,637 1 13.4% 7,945 1 12.2% Verily Life Sciences LLC 2,220 2 3.5% ABBVIE 1,000 3 1.6% Costco Wholesale (4 stores)834 4 1.3% 510 4 0.8% Life Technologies Corporation 622 5 1.0% 600 3 0.9% Amgen Inc 600 6 0.9% 406 5 0.6% Amazon.com Services 409 7 0.6% ZS Associates, Inc 390 8 0.6% Goodwill Industries of San Francisco 384 9 0.6% MRL San Francisco, LLC 317 10 0.5% Onyx Pharmaceuticals Inc 650 2 1.0% Successfactors, Inc 400 6 0.6% American Etc Inc/ Royal Laundry 284 7 0.4% The New French Bakery, Inc 281 8 0.4% Oroweat/ Entenmann's 264 9 0.4% Theravance Biopharma U.S.258 10 0.4% Subtotal 15,413 24.0% 11,598 17.8% Total City Population 64,323 65,127 Data Sources: (1) SSF Business License Database- Business licenses expiring 12/31/23. (2) City of South San Francisco CAFR 2013-14 (3) Population: HDL/California State Dept of Finance 2022. 2013-142022-23 CITY OF SOUTH SAN FRANCISCO Principal Employers Current Year and Nine Years Ago 173 447 Function 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 General Government (1) 37.60 40.60 47.10 47.10 43.60 41.60 46.60 46.60 51.30 59.38 Fire Department (2)82.98 83.48 92.68 92.68 92.68 91.93 91.68 91.68 93.49 93.49 Police Department 119.75 118.87 120.87 120.87 120.87 122.87 121.87 120.92 122.09 122.44 Park, Rec. & Maintenance Services 117.21 121.31 134.16 137.19 144.29 144.79 151.75 143.84 150.44 179.26 Library 37.66 37.71 38.71 39.26 40.49 41.49 41.49 38.56 38.15 44.06 Economic and Comm. Development 24.40 26.15 27.15 29.40 30.40 30.40 31.40 29.00 31.40 32.40 Public Works (2) 47.21 47.68 49.00 49.00 49.00 53.00 52.00 47.00 52.85 59.37 Water Quality Control Plant 39.63 39.06 41.74 41.50 41.50 41.50 41.50 41.50 41.50 41.50 Total 506.44 514.86 551.41 557.00 562.83 567.58 578.29 559.10 581.22 631.90 Notes: 1. City Council, City Treasurer, City Clerk, City Manager, HR, IT and Finance are under General Government. 2. Oversight of the Code Enforcement has been moved from Fire to Public Works Department. Source: City of South San Francisco's FY2014-2023 Adopted Operating budget. CITY OF SOUTH SAN FRANCISCO Full-Time Equivalent City Government Employees by Function Last Ten Fiscal Years (Adopted Operating Budget) 0.00 100.00 200.00 300.00 400.00 500.00 600.00 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 General Government (1)Fire Department (2)Police Department Park, Rec. & Maintenance Services Library Economic and Comm. Development Public Works (2)Water Quality Control Plant 174 448 CITY OF SOUTH SAN FRANCISCO Operating Indicators by Function/Program Last Nine Fiscal Years 2015 2016 2017 2018 2019 2020 2021 2022 2023 Function/Program Public safety: Fire: Inspections conducted 1,817 2,563 3,426 2,292 2,511 2,375 3,888 3,060 2,421 Police: Police calls for service 31,532 32,477 33,313 34,811 38,299 38,541 40,503 60,333 59,580 Law violations: Part I crimes 1,874 2,126 2,103 2,276 2,007 2,070 3,481 1,955 1,892 Physical arrests (adult and juvenile)1,933 2,071 1,870 1,891 1,943 1,871 1,635 2,025 1,780 Traffic violations 3,828 4,211 3,785 3,359 3,620 4,172 2,119 1,985 1,799 Parking violations 13,378 12,006 15,291 18,339 26,228 12,269 13,276 17,667 16,995 Public works Street resurfacing (miles) (Eng Div) 0 2 8 3.3 7.0 7.9 19.57 9.60 6.55 Potholes repaired (square miles prior)/(square feet)0.11 2 0 (2) 3221 410 190 165 264 267 Asphalt used for street repairs (tons) 250 151 94 148 13 46 69 68 44.5 Culture and recreation: Recreation class participants* 26,879 23,399 23,939 25,688 23,394 17,333 (4) 5,282 8,631 10,021 Library: Total items borrowed 643,630 565,806 558,106 544,059 582,497 (3) 450,637 (3) 245,869 456,652 439,846 Items in collection 130,106 (1) 208,400 209,895 219,114 228,224 247,393 260,205 229,891 283,792 Wastewater Residential connections 16,470 16,491 16,488 12,556 12,559 12,549 12,571 12,672 12,673 Commercial connections 1,560 1,561 1,562 1,575 1,576 1,582 1,575 1,523 1,508 Other connections 128 131 140 140 140 140 140 140 140 Average daily sewage treatment (millions of gallons)8.89 7.92 8.41 8.62 8.62 7.12 6.76 7.35 7.45 Note: N/A denotes information not available. * Registration counts excludes all withdrawals from the classes for the year. (1) New items added for Grand Library and electronic books are also included. (2) Beginning 2018, pothole repairs will be measured by square feet instead of square miles. (3) Fewer items borrowed in FY2020 and FY2021 due to COVID-19 closures. (4) Summer camp and traditional sports programs included. Lower participant counts due to COVID-19 limitations and closures. 175 449 CITY OF SOUTH SAN FRANCISCO Capital Asset Statistics by Function/Program Last Ten Fiscal Years 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Function/Program Public safety: Fire stations 5555555555 Police stations 1111111111 Police Fleet 50 53 53 52 59 63 60 63 60 63 Public works Miles of streets 127 127 127 127 127 127 127 127 127 139.6 Street lights 4,505 4,505 4,505 4,505 4,531 4,531 4,531 4,581 4,581 4,581 Parking District lights (3)20 20 20 16 16 16 16 16 16 16 Traffic Signals 74 74 76 76 76 76 76 80 80 80 Culture and recreation: Community services: City parks 28 28 28 28 28 28 28 28 28 30 City parks acreage 190 190 190 190 190 210 210 210 210 225 Playgrounds (4)24 24 24 24 24 24 34 34 34 35 City trails 6666666666 Community gardens 1111111111 Community centers 4444444444 Senior centers (2)1111111111 Skate Park 1111111111 Dog park 1111111111 Swimming pools 1111111111 Tennis courts 7777777777 Basketball Courts 12 12 12 12 12 12 12 12 12 12 Baseball/softball diamonds11111111111111111113 Soccer/football fields 5555555554 Library: City Libraries (1)2222222222 Wastewater Miles of sanitary sewers 164 164 164 164 164 164 164 164 164 164 Miles of storm sewers 125 125 125 125 125 125 125 125 125 125 Number of treatment plants 1111111111 Source: ssf.net/depts/rcs; Director of Rec & Comm Services; Superintendent of parks & Maintenance (1) Community Learning Center not included on count as it is only a homework center not a library. (2) The only senior center is Magnolia Center but programming still continues at El Camino. (3) Year 2017- Lot 6 sold for Rotary Plaza development. (4) Year 2020 -Playgrounds in the Common Greens areas are now included. 176 450 2019 2020 2021 2022 2023 Transient Occupancy Tax Detail TOT Collected 15,535,213$ 12,591,459$ 6,215,172$ 11,268,807$ 15,188,739$ 1% Measure I Special Tax 1,556,009 1,114,911 495,099 866,831 1,168,365 Total TOT Collection 17,091,222$ 13,706,371$ 6,710,270$ 12,135,638$ 16,357,104$ 1% Measure I Special Tax Use Police 311,202$ 222,982$ 99,020$ 173,366$ 233,673$ Fire 311,202 222,982 99,020 173,366 233,673 Library 311,202 222,982 99,020 173,366 233,673 Parks 311,202 222,982 99,020 173,366 233,673 Recreation 311,202 222,982 99,020 173,366 233,673 Total 1% Measure I Special Tax 1,556,010$ 1,114,911$ 495,099$ 866,831$ 1,168,365$ * Note: The current TOT consists of three components - a 9% general excise tax (Measure FF) that generates General Fund revenues; a 1% special tax (Measure I- effective January 1, 2005) was earmarked for use to supplement funding parks, recreation, library, and public safety services (SSFMC 4.20.033) and a $2.50 tax devoted to the acquistion, renovation, maintenance and operation of the South San Francisco Conference Center. The City Council last increased the total TOT rate from 9% to 10% in 2009 with the incremental 1% increase being a general tax. City's TOT rate from 10% to 12% effective january 1, 2019. A subsequent 2% increase over the next two years would revise the TOT rate to 13% (effective January 1, 2020) and 14% (effective January 1, 2021). CITY OF SOUTH SAN FRANCISCO Collection and Use of 1% Special Transient Occupancy Tax (TOT) Approved by Voters as Measure I * Miscellaneous Information Last Five Fiscal Years 177 451 This Page Left Intentionally Blank 452 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND BASIC FINANCIAL STATEMENTS FOR THE YEARS ENDED JUNE 30, 2023 AND 2022 453 This Page Left Intentionally Blank 454 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND Basic Financial Statements For the Years Ended June 30, 2023 and 2022 Table of Contents Page Independent Auditor's Report ........................................................................................................................ 1 Fund Financial Statements: Comparative Balance Sheets ................................................................................................................... 3 Comparative Statements of Revenues and Expenditures ........................................................................ 4 Notes to the Financial Statements ............................................................................................................ 5 Independent Auditor’s Report on Internal Control Over Financial Reporting, on Compliance with the Transportation Development Act and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .............................................................. 7 455 This Page Left Intentionally Blank 456 INDEPENDENT AUDITOR'S REPORT Honorable Members of the City Council of City of South San Francisco South San Francisco, California Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the City of South San Francisco Transportation Development Act Article III Fund (TDA Fund), which are included in the Capital Projects Fund of the City of South San Francisco (City), California, as of and for the years ended June 30, 2023 and 2022, and related notes to the financial statements as listed in the Table of Contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TDA Fund as of June 30, 2023 and 2022, and the respective changes in financial position for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirement relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter As discussed in Note 1, the financial statements present only the TDA Fund and do not purport to, and do not present fairly the financial positions of the City as of June 30, 2023 and 2022 or the changes in its financial position for the years then ended in accordance with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error. 1 457 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 21, 2023, on our consideration of the TDA Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control over financial reporting and compliance. Pleasant Hill, California December 21, 2023 2 458 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND COMPARATIVE BALANCE SHEETS FOR THE YEARS ENDED JUNE 30, 2023 AND 2022 2023 2022 ASSETS Due from Metropolitan Transportation Commission -$ 400,000$ Total Assets $ 400,000 LIABILITIES Due to the City -$ 400,000$ Total Liabilities - 400,000 FUND BALANCE - - Total Fund Balance - - Total Liabilities and Fund Balance -$ 400,000$ See accompanying notes to financial statements 3 459 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND COMPARATIVE STATEMENTS OF REVENUES AND EXPENDITURES FOR THE YEARS ENDED JUNE 30, 2023 AND 2022 2023 2022 REVENUES TDA Article 3.0 (Note 2) 400,000$ 400,000$ Total Revenues 400,000 400,000 EXPENDITURES Hillside Boulevard Road Diet Improvements 400,000 - East Grand Avenue - CalTrain Bicycle and Pedestrian Access - 400,000 Total Expenditures 400,000 400,000$ Net change in fund balance - - Fund balance at beginning of year - - Fund balance at end of year -$ -$ See accompanying notes to financial statements 4 460 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND Notes to the Financial Statements For the Years Ended June 30, 2023 and 2022 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity The City of South San Francisco, California (City), Transportation Development Act Article III Fund (TDA Fund) includes the financial activities associated with the State of California Transportation Development Act. The State of California created a local transportation fund for each County funded by a portion of the State sales tax. The TDA Fund is distributed through the Metropolitan Transportation Commission (MTC) which is the agency responsible for allocation of funds to eligible claimants within the greater San Francisco Bay Area. The TDA Fund is included in a Capital Projects Fund of the Annual Comprehensive Financial Report of the City. The financial statements are intended to present the financial position and results of operation for the TDA Fund, and not those of the City as a whole. B. Basis of Accounting Basis of accounting refers to when revenues and expenditures are recognized. The TDA Fund is accounted for in a governmental fund type and the modified accrual basis of accounting is used. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. TDA Article 3.0 revenues are recognized when qualifying project expenditures are incurred. Expenditures are generally recognized when they are incurred. C. Deferred Inflows of Resources In addition to liabilities, the balance sheet reports a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City has only one item, which arises only under a modified accrual basis of accounting, that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the balance sheet. The TDA Fund reports unavailable revenues from grants receivable, when applicable. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. 5 461 CITY OF SOUTH SAN FRANCISCO TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND Notes to the Financial Statements For the Years Ended June 30, 2023 and 2022 NOTE 2 – TDA ARTICLE 3.0 REVENUE For the years ended June 30, 2023 and 2022 the City received allocation instructions from the Metropolitan Transportation Commission for the following projects: Instruction Number Project Name Grant Award Expended in June 30, 2023 Revenue in June 30, 2023 Expenditures to date through June 30, 2023 Revenue to date through June 30, 2023 20001106 East Grand Avenue - CalTrain Bicycle and Pedestrian Access 400,000$ 400,000$ 400,000$ 23001015 Hillside Boulevard Road Diet Improvements 400,000 400,000$ 400,000$ 400,000 400,000 800,000$ 400,000$ 400,000$ 800,000$ 800,000$ NOTE 3 – COMMITMENTS AND CONTINGENCIES The City participates in several grant programs. These programs have been audited by the City’s independent accountants in accordance with the provisions of applicable State requirements. No cost disallowances were proposed as a result of these audits; however, these programs are still subject to further examination by the grantors and the amount, if any, of expenditures which may be disallowed by the granting agencies cannot be determined at this time. The City expects such amounts to be immaterial. The City is subject to litigation arising in the normal course of business. In the opinion of the City Attorney, there is no pending litigation which is likely to have a material adverse effect on the financial position of the City. 6 462 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING, ON COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Members of the City Council of City of South San Francisco South San Francisco, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Transportation Development Act Article III Fund (the TDA Fund) of the City of South San Francisco (City), California, as of and for the year ended June 30, 2023, and the related notes to the financial statements, and have issued our report thereon dated December 21, 2023. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the TDA Fund’s internal control over financial reporting (internal control) as a basis for designing the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control. Accordingly, we do not express an opinion on the effectiveness of the TDA Fund’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TDA Fund’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 7 463 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of its compliance with certain TDA Fund’s provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Our procedures included the applicable audit procedures contained in §6666 of Title 21 of California Code of Regulations and tests of compliance with the applicable provisions of the Transportation Development Act and the Allocation Instructions and Resolutions of the Metropolitan Transportation Commission. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. This report is intended solely for the information and use of the Metropolitan Transportation Commission, management, City Council, others within the City, and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record. Pleasant Hill, California December 21, 2023 8 464 CITY OF SOUTH SAN FRANCISCO MEASURE A FUNDS Report on Compliance with the Agreement for Distribution of San Mateo County Measure A Funds for Local Transportation Purposes For the Year Ended June 30, 2023 465 This Page Left Intentionally Blank 466 CITY OF SOUTH SAN FRANCISCO MEASURE A FUNDS For the Year Ended June 30, 2023 Table of Contents Page Independent Accountant’s Report on Management’s Assertion .................................................... 1 Financial Statements: Balance Sheet .................................................................................................................................. 2 Schedule of Revenues, Expenditures and Changes in Fund Balance ............................................. 3 Notes to Financial Statements ......................................................................................................... 5 Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure A Funds for Local Transportation Purposes ................................................................. 7 467 This Page Left Intentionally Blank 468 INDEPENDENT ACCOUNTANT'S REPORT ON MANAGEMENT’S ASSERTION Honorable Mayor and Members of City Council of the City of South San Francisco, California We have examined management of the City of South San Francisco’s assertion, included in accompanying Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure A Funds for Local Transportation Purposes (the Agreement) between the City of South San Francisco and the San Mateo County Transportation Authority dated March 5, 2009, that the City complied with the requirements of the Agreement during the year ended June 30, 2023. Management is responsible for that assertion. Our responsibility is to express an opinion on management’s assertion about the City’s compliance based upon our examination Our examination was conducted in accordance with the attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether management’s assertion that the City complied with the requirements of the Agreement is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about management’s assertion. The nature, timing and extent of procedures selected depend on our judgment, including an assessment of the risks of material misstatement of management’s assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. In our opinion, management’s assertion that the City complied with the requirements of the Agreement for the year ended June 30, 2023 is fairly stated, in all material respects. This report is intended solely for the information and use of management, the City Council and the San Mateo County Transportation Authority and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record. Pleasant Hill, California December 21, 2023 1 469 CITY OF SOUTH SAN FRANCISCO MEASURE A FUNDS BALANCE SHEET JUNE 30, 2023 ASSETS: Cash and investments $5,486,805 Accounts receivable 166,956 Accrued interest receivable 25,212 TOTAL ASSETS $5,678,973 FUND BALANCE: Restricted for Measure A capital projects and maintenance $5,678,973 TOTAL FUND BALANCE $5,678,973 See accompanying notes to the financial statements. 2 470 CITY OF SOUTH SAN FRANCISCO MEASURE A FUNDS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE YEAR ENDED JUNE 30, 2023 REVENUES Sales tax from the County of San Mateo $2,251,147 County grants 5,416 Interest and investment income 53,726 Total Revenues 2,310,289 TRANSFERS OUT Capital Improvements Projects: Street Rehabilitation Program FY 18-19 5,924 Grand Blvd Project - Chestnut to Arroyo 32,061 West Orange and Hillside Pedestrian Crossing Improvements 35,505 Oyster Point Peninsula Flood Improvements 31,618 Commercial and Spruce Signalized Intersection 1,476 South Linden Grade Separation 1,733 General Fund Projects: South City Shuttle 236,677 Total Transfers Out 344,994 Net Change in Fund Balance 1,965,295 Fund Balance, July 1 3,713,678 Fund Balance, June 30 $5,678,973 See accompanying notes to the financial statements. 3 471 This Page Left Intentionally Blank 472 CITY OF SOUTH SAN FRANCISCO MEASURE A FUNDS Notes to Financial Statements For the Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity At the General Election of June 7, 1988, the voters of City of San Mateo County approved Measure A, which is an ordinance providing for the creation of the San Mateo County Transportation Authority for the imposition of a one-half of one percent sales transaction and use tax. Twenty percent of the aforementioned tax is to be allocated to the cities of San Mateo County and to the County of San Mateo for the improvement of local transportation, including streets and roads in accordance with Measure A requirements. B. Basis of Accounting The Schedule of Measure A Funds (Transportation Sales Tax), a special revenue fund of the City of South San Francisco, California, have been prepared in conformity with accounting principles generally accepted in the United States of America as applied to governmental units. The Governmental Accounting Standards Board is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The Measure A Funds are accounted for using the modified accrual basis of accounting. Under this basis, revenues are recognized when they become both measurable and available to finance expenditures of the fiscal period. Expenditures are recognized when the liability is incurred. 5 473 This Page Left Intentionally Blank 474 December 21, 2023 San Mateo County Transportation Authority 120 San Carlos Avenue San Carlos, California 94070 Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure A Funds for Local Transportation Purposes The City of South San Francisco is responsible for complying with the Agreement for Distribution of San Mateo County Measure A Funds for Local Transportation Purposes (the Agreement) between the City and the San Mateo County Transportation Authority entered into on March 5, 2009. The Agreement states that in return for receiving an annual allocation of a specified portion of the retail transactions and use tax approved by Measure A – San Mateo County Transportation Expenditure Plan (the Measure), the City agrees that funds “shall not be used to replace funds previously provided by property tax or other local revenues for public transportation purposes, and that City will limit the use of funds provided pursuant to this Agreement to the improvement and maintenance of local transportation, including streets and road improvements.” With respect to compliance with the Agreement, management attests to the following for the year ended June 30, 2023: Management is responsible for establishing and maintaining an effective internal control structure with respect to compliance with the Agreement; Management is responsible for complying with the Agreement; Management has evaluated the City’s compliance with the requirements of the Agreement; All Transactions, as summarized in the preceding Balance Sheet and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Year Ended June 30, 2023, are in compliance with the Agreement. __________________________ ________________________ City Manager Finance Director CITY COUNCIL 2023 FLOR NICOLAS, MAYOR (DIST. 3) MARK NAGALES, VICE MAYOR (DIST. 2) MARK ADDIEGO, MEMBER (DIST. 1) JAMES COLEMAN, MEMBER (DIST. 4) EDDIE FLORES, MEMBER (DIST. 5) SHARON RANALS, CITY MANAGER 7 475 This Page Left Intentionally Blank 476 City of South San Francisco Measure W Funds Report on Compliance with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes in Accordance with the San Mateo County Congestion Relief Plan For the Year Ended June 30, 2023 477 This Page Left Intentionally Blank 478 CITY OF SOUTH SAN FRANCISCO MEASURE W FUNDS For the Year Ended June 30, 2023 Table of Contents Page Independent Accountant’s Report on Management’s Assertion ..................................................... 1 Financial Statements: Balance Sheet ................................................................................................................................... 2 Schedule of Revenues, Expenditures and Changes in Fund Balance .............................................. 3 Notes to Financial Statements .......................................................................................................... 5 Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes in Accordance with the San Mateo County Congestion Relief Plan ................................................. 7 479 This Page Left Intentionally Blank 480 INDEPENDENT ACCOUNTANT'S REPORT ON MANAGEMENT’S ASSERTION Honorable Mayor and Members of City Council of the City of South San Francisco, California We have examined management of the City of South San Francisco’s assertion, included in accompanying Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes in Accordance with the San Mateo County Congestion Relief Plan (the Agreement) between the City of South San Francisco and the San Mateo County Transportation Authority dated October 1, 2019, that the City complied with the requirements of the Agreement during the year ended June 30, 2023. Management is responsible for that assertion. Our responsibility is to express an opinion on management’s assertion about the City’s compliance based upon our examination. Our examination was conducted in accordance with the attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether management’s assertion that the City complied with the requirements of the Agreement is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about management’s assertion. The nature, timing and extent of procedures selected depend on our judgment, including an assessment of the risks of material misstatement of management’s assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. In our opinion, management’s assertion that the City complied with the requirements of the Agreement for the year ended June 30, 2023 is fairly stated, in all material respects. This report is intended solely for the information and use of management, the City Council and the San Mateo County Transportation Authority and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record. Pleasant Hill, California December 21, 2023 1 481 CITY OF SOUTH SAN FRANCISCO MEASURE W FUNDS BALANCE SHEET JUNE 30, 2023 ASSETS: Cash and investments $2,080,865 Accrued interest receivable 9,032 TOTAL ASSETS $2,089,897 FUND BALANCE: Restricted for Measure W capital projects and maintenance $2,089,897 TOTAL FUND BALANCE $2,089,897 See accompanying notes to the financial statements. 2 482 CITY OF SOUTH SAN FRANCISCO MEASURE W FUNDS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE YEAR ENDED JUNE 30, 2023 REVENUES Sales tax from the County of San Mateo $912,453 Interest and investment income 19,243 Total Revenues 931,696 TRANSFERS OUT Capital Improvements Projects: Street Rehabilitation Program 206,476 Total Transfers Out 206,476 Net Change in Fund Balance 725,220 Fund Balance, July 1 1,364,677 Fund Balance, June 30 $2,089,897 See accompanying notes to the financial statements. 3 483 This Page Left Intentionally Blank 484 CITY OF SOUTH SAN FRANCISCO MEASURE W FUNDS Notes to Financial Statements For the Year Ended June 30, 2023 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity At the General Election of November 6, 2018, the voters of City of San Mateo County approved Measure W, which is an ordinance providing for the San Mateo County Transportation Authority to impose a one-half of one percent sales transaction and use tax. The San Mateo County Congestion Relief Plan includes an annual allocation of 12.5% of the total revenue generated by the aforementioned tax for the Local Safety, Pothole and Congestion Relief Improvement Program Category, of which 10% is to be allocated to the cities of San Mateo County and to the County of San Mateo for transportation and public transit in accordance with the Congestion Relief Plan. B. Basis of Accounting The Schedule of Measure W Funds (Transportation Sales Tax), a special revenue fund of the City of South San Francisco, California, have been prepared in conformity with accounting principles generally accepted in the United States of America as applied to governmental units. The Governmental Accounting Standards Board is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The Measure W Funds are accounted for using the modified accrual basis of accounting. Under this basis, revenues are recognized when they become both measurable and available to finance expenditures of the fiscal period. Expenditures are recognized when the liability is incurred. 5 485 This Page Left Intentionally Blank 486 December 21, 2023 San Mateo County Transportation Authority 120 San Carlos Avenue San Carlos, California 94070 Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes in accordance with the San Mateo County Congestion Relief Plan The City of South San Francisco is responsible for complying with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes in Accordance with the San Mateo County Congestion Relief Plan (the Agreement) between the City and the San Mateo County Transportation Authority entered into on October 1, 2019. The Agreement states that in return for receiving an annual allocation of a specified portion of the retail transactions and use tax approved by Measure W – San Mateo County Transportation Expenditure Plan (the Measure), the City agrees that funds shall not be used to replace funds previously provided for public transportation investments, and that City will limit the use of funds provided pursuant to this Agreement to invest in major arterial and local roadway improvements in key congested areas throughout the County, focusing on improving safety, reducing congestion, and supporting all modes of travel on the County’s roadway system. With respect to compliance with the Agreement, management attests to the following for the year ended June 30, 2023: Management is responsible for establishing and maintaining an effective internal control structure with respect to compliance with the Agreement; Management is responsible for complying with the Agreement; Management has evaluated the City’s compliance with the requirements of the Agreement; All Transactions, as summarized in the preceding Balance Sheet and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Year Ended June 30, 2023, are in compliance with the Agreement. __________________________ ________________________ City Manager Finance Director CITY COUNCIL 2023 FLOR NICOLAS, MAYOR (DIST. 3) MARK NAGALES, VICE MAYOR (DIST. 2) MARK ADDIEGO, MEMBER (DIST. 1) JAMES COLEMAN, MEMBER (DIST. 4) EDDIE FLORES, MEMBER (DIST. 5) SHARON RANALS, CITY MANAGER 7 487 This Page Left Intentionally Blank 488 INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED UPON PROCEDURES FOR COMPLIANCE WITH THE PROPOSITION 111 2022-2023 APPROPRIATIONS LIMIT INCREMENT Honorable Mayor and Members of the City Council City of South San Francisco, California We have performed the procedures enumerated below on the Appropriations Limit Worksheet (Worksheet) of the City of South San Francisco, California, for the year ended June 30, 2023. The City’s management is responsible for the Worksheet. The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of these procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures and associated findings were as follows: A. We obtained the Worksheet and determined that the 2022-2023 Appropriations Limit of $168,641,010 and annual adjustment factors were adopted by Resolution of the City Council. We also determined the population and inflation options were selected by a recorded vote of the City Council. B. We recomputed the 2022-2023 Appropriations Limit by multiplying the 2021-2022 Prior Year Appropriations Limit by the Total Growth Factor. We recomputed the Total Growth Factor by multiplying the population option by the inflation option. C. For the Worksheet, we agreed the Per Capita Income Factor and City Population Factor to California State Department of Finance Worksheets. The County Population Factor was not included in the City’s Worksheet. We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement. 489 This report is intended solely for the information and use of management and the City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record. Pleasant Hill, California December 27, 2023 490 CITY OF SOUTH SAN FRANCISCO REQUIRED COMMUNICATIONS FOR THE YEAR ENDED JUNE 30, 2023 491 This Page Left Intentionally Blank 492 CITY OF SOUTH SAN FRANCISCO REQUIRED COMMUNICATIONS For the Year Ended June 30, 2023 Table of Contents Page Required Communications ................................................................................................................................ 1 Significant Audit Matters: Qualitative Aspects of Accounting Practices ................................................................................... 1 Difficulties Encountered in Performing the Audit ........................................................................... 3 Corrected and Uncorrected Misstatements ...................................................................................... 3 Disagreements with Management .................................................................................................... 3 Management Representations ............................................................................................................ 3 Management Consultations with Other Independent Accountants ................................................. 3 Other Audit Findings or Issues .......................................................................................................... 3 Other Matters ............................................................................................................................................ 4 493 This Page Left Intentionally Blank 494 REQUIRED COMMUNICATIONS To the City Council of the City of South San Francisco, California We have audited the basic financial statements of the City of South San Francisco, California, for the year ended June 30, 2023. We did not audit the financial statements of the South San Francisco Conference Center Authority, a discretely presented component unit of the City, as of and for the year ended June 30, 2023, which represents 0.61%, 0.79%, and 1.32%, of the assets, net position and revenues, respectively, of the primary government. The component unit financial statements were audited by another auditor, whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for this entity, is based solely on the report of the other auditors. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 18, 2023 and in our meeting with the City Manager on May 23, 2023. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Accounting Policies - Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted, and the application of existing policies was not changed during the year. The following pronouncements became effective, but did not have a material effect on the financial statements: GASB 91 – Conduit Debt Obligations GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements GASB 96 – Subscription-Based Information Technology Arrangements GASB 99 – Omnibus 2022, paragraphs 11-25 Unusual Transactions, Controversial or Emerging Areas - We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. 1 495 Accounting Estimates - Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were: Estimated Fair Value of Investments: As of June 30, 2023, the City held approximately $424.2 million of cash and investments as measured by fair value as disclosed in Note 2 to the financial statements. Fair value is essentially market pricing in effect as of June 30, 2023. These fair values are not required to be adjusted for changes in general market conditions occurring subsequent to June 30, 2023. Estimate of Depreciation: Management’s estimate of the depreciation is based on useful lives determined by management. These lives have been determined by management based on the expected useful life of assets as disclosed in Note 1L to the financial statements. We evaluated the key factors and assumptions used to develop the depreciation estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole. Estimated Net Pension Liabilities and Pension-Related Deferred Outflows and Inflows of Resources: Management’s estimate of the net pension liabilities and deferred outflows/inflows of resources are disclosed in Note 7 to the financial statements and are based on actuarial studies and accounting valuations determined by the California Public Employees Retirement System, which are based on the experience of the City. We evaluated the key factors and assumptions used to develop the estimates and determined that the estimates are reasonable in relation to the basic financial statements taken as a whole. Estimated Net OPEB Liability and OPEB-Related Deferred Outflows and Inflows of Resources: Management’s estimate of the net OPEB liability and deferred outflows/inflows of resources are disclosed in Note 9 to the financial statements and are based on an actuarial study determined by a consultant, which is based on the experience of the City. We evaluated the key factors and assumptions used to develop the estimates and determined that the estimates are reasonable in relation to the basic financial statements taken as a whole. Estimated Compensated Absences: Accrued compensated absences, which are comprised of accrued vacation and sick leave, is estimated using accumulated unpaid leave hours and hourly pay rates in effect at the end of the fiscal year, and are disclosed in Note 1M to the financial statements. We evaluated the key factors and assumptions used to develop the accrued compensated absences and determined that it is reasonable in relation to the basic financial statements taken as a whole. \ Estimated Claims Liabilities: Management’s estimate of the claims liabilities payable is disclosed in Note 12 to the financial statements and the worker’s compensation claims payable is based on an actuarial study determined by a consultant and the general liability claims payable is based on estimates determined by the City’s third party claims administrator, which are both based on the claims experience of the City. We evaluated the key factors and assumptions used to develop the estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole. Disclosures - The financial statement disclosures are neutral, consistent, and clear. 2 496 Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole. Professional standards require us to accumulate all known and likely uncorrected misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We have no such misstatements to report to the City Council. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in a management representation letter dated December 27, 2023. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. 3 497 Other Matters We applied certain limited procedures to the required supplementary information that accompanies and supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the required supplementary information and do not express an opinion or provide any assurance on the required supplementary information. We were engaged to report on the supplementary information which accompany the financial statements, but are not required supplementary information. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We were not engaged to report on the Introductory and Statistical Sections which accompany the financial statements, but are not required supplementary information. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on them. ****** This information is intended solely for the use of City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. Pleasant Hill, California December 27, 2023 4 498 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL FOR THE YEAR ENDED JUNE 30, 2023 499 This Page Left Intentionally Blank 500 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL For the Year Ended June 30, 2023 Table of Contents Page Memorandum on Internal Control ................................................................................................................... 1 Schedule of Other Matters ....................................................................................................................... 3 501 This Page Left Intentionally Blank 502 1 MEMORANDUM ON INTERNAL CONTROL To the City Council of The City of South San Francisco, California We have audited the basic financial statements of the City of South San Francisco, California, for the year ended June 30, 2023, and have issued our report thereon dated December 27, 2023. Our opinions on the basic financial statements and this report, insofar as they relate to the South San Francisco Conference Center Authority, are based solely on the report of other auditors. In planning and performing our audit of the basic financial statements of the City as of and for the year ended June 30, 2023, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing our audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected, on a timely basis. Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. Given these limitations during our audit, we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe are opportunities for strengthening internal controls and operating efficiency or other informational items. Government Auditing Standards require the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying Schedule of Significant Deficiencies and Schedule of Other Matters. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. This communication is intended solely for the information and use of management, City Council, others within the organization, and agencies and pass-through entities requiring compliance with Government Auditing Standards and is not intended to be and should not be used by anyone other than these specified parties. Pleasant Hill, California December 27, 2023 1 503 This Page Left Intentionally Blank 504 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS 2023-01 Timely Escrow Retention Account Reconciliations Certain arrangements with construction contract vendors require that the City deposit the retentions payable into an escrow account. At the end of the project, the retention is then released to the vendor and withdrawn from the account. The balance in the escrow account should be recorded in the general ledger and agree to the balance of the retention payable. The City had five escrow accounts recorded in the general ledger when we started the audit. After we asked for the associated June 2023 bank statements and account reconciliations in October 2023, City staff determined that transactions in four of the accounts had not been recorded in the general ledger and the balances did not agree to the retentions payable. One account had been closed in December 2022 when the retention was released to the vendor, but the balance in the general ledger provided for audit was $244,715, and one account had been closed in June 2023, but the balance in the general ledger provided for audit was $434,324. In addition, two other accounts required adjustments to the cash and retentions payable in the amounts of $258 and $1,401. Although we understand that Finance staff attempted to obtain the retention account information from other departments well before the year-end closing, the final information was not provided to the Finance Department until October 2023 and the final reconciliation and adjustment was completed after the year- end audit began. We also understand that the Finance department performs these reconciliations on an annual basis and relies upon other departments to notify Finance when retentions are released and to provide the escrow account statements. When bank account activity is not reconciled to the general ledger and recorded in a timely manner, errors or unauthorized transactions could go undetected. And, when retention escrow account activity is not recorded in the general ledger, the cash and retentions payable balances could be over- or understated. The City should develop procedures to ensure that the escrow account statements are provided to the Finance Department throughout the fiscal year and when accounts are opened and closed, and the City should consider adjusting the balance in the general ledger on a more frequent basis, such as monthly or quarterly. Management’s Response: The City will work with Public Works department to establish process to ensure that Finance will be notified when retention to contractor is released. Finance will also request to receive a monthly statement from each trustee account. City agreed that the reconciliation should be done on a regular basis to avoid delay in recording the transactions in future. 3 505 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS 2023-02 Timely Journal Entry Posting Journal entries should be prepared and reviewed in a timely manner for the period in which the entry is to be posted, in order to keep accounts up to date with the current information. Generally, journal entries should be posted within 30-45 days of the transaction. In addition, to have a complete audit trail of the journal entry process, the dates of preparation and review should be documented for all journal entries. And, the post date of journal entries should normally be the date when the transactions occurred. We selected forty journal entries for testing of controls over the journal entry process and supporting documentation and noted 13 of the journal entries were prepared and posted to the general ledger more than a month after the activity of the transaction took place. Although once the journal entries were prepared, they were reviewed and approved in a timely manner, the posting dates of the journal entries ranged from two to four months after the transaction dates. Without the timely preparation, review and approval of journal entries, there is an increased risk of errors going undetected and inaccurate interim reporting. The City should develop procedures to ensure that all journal entries are prepared, reviewed, approved and posted to the general ledger in a timely manner (generally within 30-45 days of the date of activity). Management’s Response: The City agrees that the journal entries should be prepared and posted to General Ledger within reasonable time. Due to significant staff turnover in FY 2022-23, City is aware of posting delays and have implemented measures to have other staff to help with the review and approval. 2023-03 Unrecorded Loan Receivable Loans issued by the City to outside agencies should be recorded in the general ledger. During our review of the City Council minutes for fiscal year 2023, one action item mentioned a prior loan to a nonprofit agency and we noted that the loan was not recorded in the general ledger and was not included in the City’s loans inventory listing. City staff determined that the loan in the amount of $100,000 had been expensed when the loan was issued in fiscal year 2018. Although the loan has a forgiveness provision and the City historically offsets such loans with an allowance for collectability, which means the net impact on the general ledger is zero, the City should develop procedures to ensure that all loans are recorded in the general ledger as a receivable when issued. Management’s Response: The City agrees with this finding. The loan receivable happened in 2018 and our Economic and Community Development Department (ECD) had experienced a high staff turnover. Finance will review all the outstanding loans with ECD staff to ensure that all the loans receivable that have a forgivable clause will be reflected properly in the general ledger. 4 506 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS 2023-04 Develop Policy for Processing Terminated Employees The City should process terminated employees in a timely manner. This includes terminating the employee from both the payroll and general ledger systems upon issuance of their last check, or shortly thereafter. We selected twenty terminated employees for testing of proper and timely cutoff in the City’s computer system and noted seven were not terminated from the payroll system from four months to up to four years after their last check date, as follows: Termination Date Last Check Date 10/14/2022 11/21/2018 11/28/2022 7/28/2022 1/5/2023 3/18/2022 2/17/2023 8/26/2021 2/17/2023 10/7/2021 3/31/2023 7/16/2020 3/31/2023 9/9/2021 The majority of the employees were part-time seasonal employees, and the department did not determine they would be separated from employment until fiscal year 2023. And, although we understand the City’s departmental staff like the flexibility of being able to utilize the employees for special events, keeping inactive employees in the payroll and accounting system for extended periods of time could lead to unauthorized payroll payments or unintended access to the City’s accounting system. We also understand the City’s payroll system does not have an option for deactivating employees, so seasonal employees will remain active in the system until the department submits a Personnel Action Form (PAF) to the Human Resources department to terminate them. Therefore, the City should work to develop a policy to define a reasonable timeframe for which employees may be inactive in the system before they are terminated. Management’s Response: Finance has discussed the issue with the Human Resources Department during the audit. We will follow up with the Human Resources Department to develop a policy to define a reasonable timeframe for which employees may remain active in the system before they are terminated. We would discuss the process of reviewing inactive employee status by department annually to determine their employment status. 5 507 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS NEW GASB PRONOUNCEMENTS OR PRONOUNCEMENTS NOT YET EFFECTIVE The following comment represents new pronouncements taking affect in the next few years. We have cited them here to keep you informed of developments: EFFECTIVE FISCAL YEARS 2021/22, 2022/23 and 2023/24: GASB 99 – Omnibus 2022 The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing (1) practice issues that have been identified during implementation and application of certain GASB Statements and (2) accounting and financial reporting for financial guarantees. The practice issues addressed by this Statement are as follows: •Classification and reporting of derivative instruments within the scope of Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, that do not meet the definition of either an investment derivative instrument or a hedging derivative instrument •Clarification of provisions in Statement No. 87, Leases, as amended, related to the determination of the lease term, classification of a lease as a short term lease, recognition and measurement of a lease liability and a lease asset, and identification of lease incentives •Clarification of provisions in Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements, related to (a) the determination of the public-private and public-public partnership (PPP) term and (b) recognition and measurement of installment payments and the transfer of the underlying PPP asset •Clarification of provisions in Statement No. 96, Subscription-Based Information Technology Arrangements, related to the subscription-based information technology arrangement (SBITA) term, classification of a SBITA as a short term SBITA, and recognition and measurement of a subscription liability •Extension of the period during which the London Interbank Offered Rate (LIBOR) is considered an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of an interest rate swap that hedges the interest rate risk of taxable debt •Accounting for the distribution of benefits as part of the Supplemental Nutrition Assistance Program (SNAP) •Disclosures related to nonmonetary transactions •Pledges of future revenues when resources are not received by the pledging government •Clarification of provisions in Statement No. 34, Basic Financial Statements—and Management’s Discussion and Analysis—for State and Local Governments, as amended, related to the focus of the government-wide financial statements 6 508 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS GASB 99 – Omnibus 2022 (Continued) •Terminology updates related to certain provisions of Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position •Terminology used in Statement 53 to refer to resource flows statements. The Requirements of this Statement are Effective as Follows: The requirements in paragraphs 26–32 related to extension of the use of LIBOR, accounting for SNAP distributions, disclosures of nonmonetary transactions, pledges of future revenues by pledging governments, clarification of certain provisions in Statement 34, as amended, and terminology updates related to Statement 53 and Statement 63 are effective upon issuance. The requirements in paragraphs 11–25 related to leases, PPPs, and SBITAs are effective for fiscal years beginning after June 15, 2022, and all reporting periods thereafter. The requirements in paragraphs 4–10 related to financial guarantees and the classification and reporting of derivative instruments within the scope of Statement 53 are effective for fiscal years beginning after June 15, 2023, and all reporting periods thereafter. Earlier application is encouraged and is permitted by individual topic. How the Changes in This Statement Will Improve Financial Reporting The requirements of this Statement will enhance comparability in the application of accounting and financial reporting requirements and will improve the consistency of authoritative literature. Consistent authoritative literature enables governments and other stakeholders to more easily locate and apply the correct accounting and financial reporting provisions, which improves the consistency with which such provisions are applied. The comparability of financial statements also will improve as a result of this Statement. Better consistency and comparability improve the usefulness of information for users of state and local government financial statements. EFFECTIVE FISCAL YEAR 2023/24: GASB 100 – Accounting for Changes and Error Corrections The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability. This Statement defines accounting changes as changes in accounting principles, changes in accounting estimates, and changes to or within the financial reporting entity and describes the transactions or other events that constitute those changes. As part of those descriptions, for (1) certain changes in accounting principles and (2) certain changes in accounting estimates that result from a change in measurement methodology, a new principle or methodology should be justified on the basis that it is preferable to the principle or methodology used before the change. That preferability should be based on the qualitative characteristics of financial reporting—understandability, reliability, relevance, timeliness, consistency, and comparability. This Statement also addresses corrections of errors in previously issued financial statements. 7 509 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS GASB 100 – Accounting for Changes and Error Corrections (Continued) This Statement prescribes the accounting and financial reporting for (1) each type of accounting change and (2) error corrections. This Statement requires that (a) changes in accounting principles and error corrections be reported retroactively by restating prior periods, (b) changes to or within the financial reporting entity be reported by adjusting beginning balances of the current period, and (c) changes in accounting estimates be reported prospectively by recognizing the change in the current period. The requirements of this Statement for changes in accounting principles apply to the implementation of a new pronouncement in absence of specific transition provisions in the new pronouncement. This Statement also requires that the aggregate amount of adjustments to and restatements of beginning net position, fund balance, or fund net position, as applicable, be displayed by reporting unit in the financial statements. This Statement requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. In addition, information about the quantitative effects on beginning balances of each accounting change and error correction should be disclosed by reporting unit in a tabular format to reconcile beginning balances as previously reported to beginning balances as restated. Furthermore, this Statement addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI). For periods that are earlier than those included in the basic financial statements, information presented in RSI or SI should be restated for error corrections, if practicable, but not for changes in accounting principles. EFFECTIVE FISCAL YEAR 2024/25: GASB 101 – Compensated Absences The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures. Recognition And Measurement This Statement requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. A liability should be recognized for leave that has not been used if (a) the leave is attributable to services already rendered, (b) the leave accumulates, and (c) the leave is more likely than not to be used for time off or otherwise paid in cash or settled through noncash means. Leave is attributable to services already rendered when an employee has performed the services required to earn the leave. Leave that accumulates is carried forward from the reporting period in which it is earned to a future reporting period during which it may be used for time off or otherwise paid or settled. In estimating the leave that is more likely than not to be used or otherwise paid or settled, a government should consider relevant factors such as employment policies related to compensated absences and historical information about the use or payment of compensated absences. However, leave that is more likely than not to be settled through conversion to defined benefit postemployment benefits should not be included in a liability for compensated absences. 8 510 CITY OF SOUTH SAN FRANCISCO MEMORANDUM ON INTERNAL CONTROL SCHEDULE OF OTHER MATTERS GASB 101 – Compensated Absences (Continued) This Statement requires that a liability for certain types of compensated absences—including parental leave, military leave, and jury duty leave—not be recognized until the leave commences. This Statement also requires that a liability for specific types of compensated absences not be recognized until the leave is used. This Statement also establishes guidance for measuring a liability for leave that has not been used, generally using an employee’s pay rate as of the date of the financial statements. A liability for leave that has been used but not yet paid or settled should be measured at the amount of the cash payment or noncash settlement to be made. Certain salary-related payments that are directly and incrementally associated with payments for leave also should be included in the measurement of the liabilities. With respect to financial statements prepared using the current financial resources measurement focus, this Statement requires that expenditures be recognized for the amount that normally would be liquidated with expendable available financial resources. Notes To Financial Statements This Statement amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability (as long as they identify it as a net change). In addition, governments are no longer required to disclose which governmental funds typically have been used to liquidate the liability for compensated absences. How the Changes in this Statement Will Improve Financial Reporting The unified recognition and measurement model in this Statement will result in a liability for compensated absences that more appropriately reflects when a government incurs an obligation. In addition, the model can be applied consistently to any type of compensated absence and will eliminate potential comparability issues between governments that offer different types of leave. The model also will result in a more robust estimate of the amount of compensated absences that a government will pay or settle, which will enhance the relevance and reliability of information about the liability for compensated absences. 9 511 This Page Left Intentionally Blank 512 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1104 Agenda Date:1/24/2024 Version:1 Item #:10. Report regarding a resolution appropriating $200,000 of state grant funds for Every Kid Deserves a Bike Program and approving Budget Amendment Number 24.024.(Devin Stenhouse,Diversity,Equity,and Inclusion Officer) RECOMMENDATION BACKGROUND/DISCUSSION The Every Kid Deserves a Bike (EKDAB)program was launched by the City of South San Francisco in broad partnership with the San Mateo County Office of Education -Safe Routes to School,civic organizations,and volunteers,to connect children from low-income families with outdoor experiences and growth through free bicycles and support. In fiscal year 2022,the EKDAB Program successfully provided 150 bicycles,helmets,and locks to fourth graders at Spruce Elementary School and fifth graders at Martin Elementary School and was awarded the 2022 Program of the Year Award by the Silicon Valley Bike Coalition.In 2023,the EKDAB Program expanded to 350 bicycles,helmets,locks,bike pumps,and kickstands for fourth,fifth,and sixth grade students of Spruce Elementary,Martin Elementary,Los Cerritos Elementary,Sunshine Gardens Elementary,and Parkway Heights Middle schools. 2024 marks the third consecutive year of the EKDAB Program.In prior years,the City received generous donations from Genentech,Rotary Club,and Kaiser.For the current fiscal year,Assemblymember Diane Papan supported a $200,000 earmark in the state adopted budget for the City’s EKDAB program,which will allow the City to provide another 350 bicycles,helmets,locks,bike pumps,and kickstands for fourth,fifth,and sixth grade students of Spruce Elementary,Martin Elementary,Los Cerritos Elementary,Sunshine Gardens Elementary, and Parkway Heights Middle schools. FISCAL IMPACT Appropriation of the $200,000 in state funds for the EKDAB Program has no net effect on the General Fund. Budget Amendment Number 24.024 reflects the increase of $200,000 in General Fund revenues and expenditures. RELATIONSHIP TO STRATEGIC PLAN This action supports the City Council’s strategic priority of Quality of Life by promoting active recreation,safe transportation options, and healthy lifestyles. CONCLUSION Staff recommends that the City Council appropriate $200,000 of state grant funds for the EKDAB Program and approve Budget Amendment Number 24.024.The resolution includes said budget amendment for Fiscal Year 2023-24 to reflect the state grant funds and costs associated with EKDAB. City of South San Francisco Printed on 1/19/2024Page 1 of 1 powered by Legistar™513 Government Code Section 54957.5 SB 343 Agenda: 01/24/2024 Reg CC Item # 10 514 2022: Martin and Spruce 2023 & 2024: Martin, Spruce, Los Cerritos, Sunshine Gardens, and Parkway 2022 2023 2024 Number of bikes distributed 150 350 350 Helmets  Bike locks  Bike pumps  Kick stands  2 515 $200,000 in State’s 2023-24 Adopted Budget •Support from Assemblymember Diane Papan •Risk of clawback due to State’s budget deficit 3 516 4 School Grade Date Parkway Heights Middle 6th May 1 Los Cerritos Elementary 4th May 6 Sunshine Gardens Elementary 4th May 10 Spruce Elementary 4th May 16 Martin Elementary 4th May 20 517 5 518 Adopt a resolution appropriating $200,000 of state grant funds for the Every Kid Deserves a Bike Program and approving Budget Amendment Number 24.024 519 520 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1105 Agenda Date:1/24/2024 Version:1 Item #:10a. Resolution appropriating $200,000 of state grant funds for the Every Kid Deserves a Bike Program and approving Budget Amendment Number 24.024. WHEREAS,the Every Kid Deserves a Bike (EKDAB)Program was launched in 2022 in partnership with the San Mateo County Office of Education -Safe Routes to School,civic organizations,and volunteers to connect children from low-income families with outdoor experiences and growth through free bicycles and support; and WHEREAS in 2022,the EKDAB Program provided 150 bicycles,helmets,and locks to fourth grade students at Spruce Elementary School and fifth grade students at Martin Elementary School; and WHEREAS,the EKDAB Program expanded in 2023 to provide 350 bicycles,helmets,locks,bike pumps,and kickstands for fourth,fifth,and sixth grade students of Spruce Elementary,Martin Elementary,Los Cerritos Elementary, Sunshine Gardens Elementary, and Parkway Heights Middle schools; and WHEREAS,in prior fiscal years,the EKDAB Program received generous donations from Genentech,Rotary Club, and Kaiser; and WHEREAS,for 2024,Assemblymember Diane Papan supported an earmark in the State of California’s adopted budget of $200,000 for the EKDAB Program to provide another 350 bicycles,helmets,locks,bike pumps, and kickstands for the same grades and schools as the prior year; and WHEREAS,the state funds will be used to amend the Fiscal Year (FY)2023-24 Operating Budget of the Office of the City Manager via Budget Amendment Number 24.024. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby appropriate $200,000 in state grant funds for the Every Kid Deserves a Bike Program. BE IT FURTHER RESOLVED that the City Council approves Budget Amendment Number 24.024 to amend the Office of the City Manager’s FY 2023-24 Operating Budget to reflect an increase of $200,000 in both revenues and expenditures. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the documents necessary to accept the state grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™521 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1106 Agenda Date:1/24/2024 Version:1 Item #:11. Report Regarding a Resolution Approving a Professional Services Agreement with Boucher Law,PC in the Amount of $100,000 for Labor Relations Consulting Services.(Leah Lockhart, Human Resources Director) RECOMMENDATION Approve by resolution a Professional Services Agreement with Boucher Law,PC in the Amount of $100,000 for Labor Relations Consulting Services. BACKGROUND/DISCUSSION The City’s full-time and permanent part-time workforce is organized into seven (7)employee bargaining units, and the City maintains collective bargaining agreements with each group regarding wages,hours,and other terms and conditions of employment,also referred to as Memorandums of Understanding (MOU).In 2022,the City completed negotiations for successor MOUs with all bargaining units,three of which will expire on July 1, 2024,and four of which will expire on July 1,2025.In previous years,the City has either hired a third-party consultant to serve as the City’s chief negotiator during bargaining for all or some of the bargaining units,with the Human Resources Director co-leading bargaining sessions or serving as chief negotiator for smaller units. Staff issued a Request for Proposals (RFP)for labor relations consulting services,which includes serving as chief negotiator as assigned,advising on bargaining strategy and technical matters related to labor and employment law,assisting with development of proposal language,and performing necessary research in support of negotiations.The City received three (3)timely responses to the RFP.Proposals were received by Industrial Employers Distributers Association (IEDA),Liebert Cassidy Whitmore (LCW),and Boucher Law. The proposals were reviewed by staff and all three were recommended for interviews based on the overall quality of the proposal,degree to which to proposal responded to specific criteria listed in the RFP,and the experience of proposed consulting staff with labor negotiations for California cities or other public agencies performing similar services. The prospective consultants were interviewed evaluated by an internal panel comprised of: ·Human Resources Director ·Assistant City Manager ·Finance Director Panel members evaluated the finalists according to criteria listed below: ·Experience ·Communication and Interpersonal Effectiveness ·Expertise and Strategy ·Pricing and Value As a result of this process,followed by interviews with professional references,Boucher Law was identified as the top candidate,with Christopher Boucher serving as chief negotiator.Founded in 2020,Boucher Law City of South San Francisco Printed on 1/19/2024Page 1 of 2 powered by Legistar™522 File #:23-1106 Agenda Date:1/24/2024 Version:1 Item #:11. the top candidate,with Christopher Boucher serving as chief negotiator.Founded in 2020,Boucher Law provides labor representation services as well as legal and human resources consulting services with a focus on public agency clients.Mr.Boucher has a demonstrated track record of working collaboratively and openly with labor representatives,staff,and elected officials to achieve successful outcomes in negotiations.He is well- versed in all aspects of labor and employment law,including the Meyers-Milias-Brown Act (MMBA)and other laws unique to municipal workforces and operations.In addition,his years of experience working internally as a human resources professional brings perspective to building and maintaining trust and strong working relationships with labor representatives while implementing the agency’s human resources and financial objectives.Mr.Boucher is supported by a small team of professional attorneys and consultants to assist with additional workload and to provide expertise on an as-needed basis during the term of the proposed agreement. FISCAL IMPACT The proposed agreement contains a not-to-exceed limit of $100,000,with the understanding that labor negotiations may vary in terms of the number of meetings necessary in order to reach agreement.In the City’s adopted 2023-24 operating budget,Council authorized one-time funds in the amount of $100,000 for labor relations consulting services. RELATIONSHIP TO STRATEGIC PLAN Consulting services for labor negotiations supports the City’s strategic priority of Workforce Development,by sustaining strong and collaborative relationships with employee organizations and ensuring the City maintains an appropriate compensation package to attract and retain a high performing workforce. CONCLUSION By approving an agreement with Boucher Law for labor relations consulting services and authorizing the City Manager to execute same agreement, Council will provide staff with the necessary resources for successful labor negotiations in alignment with the City’s goals and priorities. City of South San Francisco Printed on 1/19/2024Page 2 of 2 powered by Legistar™523 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1107 Agenda Date:1/24/2024 Version:1 Item #:11a. Resolution Approving a Professional Services Agreement with Boucher Law,PC in the Amount of $100,000 for Labor Relations Consulting Services WHEREAS,the City of South San Francisco utilizes third-party consulting services to assist with labor relations and negotiations services for the City’s seven employee bargaining units; and WHEREAS,Staff conducted a Request for Proposals (RFP)in accordance with the City’s purchasing policies for labor relations consulting services; and WHEREAS,the City received proposals from Boucher Law,PC,Industrial Employees Distributors Association (IEDA), and Liebert Cassidy Whitmore; and WHEREAS,as a result of the proposal review and interviews based on qualifications,cost,and ability to meet the specific needs of the City,staff recommends that City Council approve a professional service agreement with Boucher Law, PC; WHEREAS,the proposed Agreement includes a budget not-to-exceed $100,000 annually through January 25, 2025; and WHEREAS,the City’s Fiscal Year 2023-24 operating budget includes $100,000 for labor relations consulting services. NOW,THEREFORE BE IT RESOLVED,that the City Council of South San Francisco hereby approves a professional services agreement with Boucher Law,PC,attached hereto and incorporated herein as Exhibit A, for labor relations consulting services in an amount not to exceed $100,000 for January 25,2024 through January 25, 2025. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City Manager to execute the professional services agreement with Boucher Law,PC,in substantially the same form as Exhibit A and to make any revisions,corrections,or modifications thereto,subject to 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. BE IT FURTHER RESOLVED, that this Resolution shall become effective upon its adoption. City of South San Francisco Printed on 1/25/2024Page 1 of 2 powered by Legistar™524 File #:23-1107 Agenda Date:1/24/2024 Version:1 Item #:11a. ***** City of South San Francisco Printed on 1/25/2024Page 2 of 2 powered by Legistar™525 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Boucher Law, PC THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Boucher Law, PC (“Consultant”) (together sometimes referred to as the “Parties”) as of January 25, 2024 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 25, 2025, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of p erformance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Thousand Dollars ($100,000), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments spe cified below shall be the only payments from 526 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 2 of 16 City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than onc e per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ▪ Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); ▪ The beginning and ending dates of the billing period; ▪ A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of t he work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total numb er of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ▪ The amount and purpose of actual expenditures for which reimbursement is sought; ▪ The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 527 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 3 of 16 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement: Mileage expenses (in accordance with Internal Revenue Service allowable rates), bridge tolls, parking, delivery fees, postage, and other items as described in Exhibit B. Reimbursable expenses shall not exceed $10,000, unless authorized in writing by the City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non - California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 528 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 4 of 16 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the C onsultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and 529 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 5 of 16 the information in possession of the City. The location, quantity, and time of fur nishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from 530 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 6 of 16 activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and 531 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 7 of 16 expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on beh alf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 532 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 8 of 16 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 533 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 9 of 16 b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and /or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any fe deral, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and 534 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 10 of 16 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations requi red of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 535 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 11 of 16 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 536 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 12 of 16 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of t hree (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become 537 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 13 of 16 the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 538 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 14 of 16 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Leah Lockhart, Human Resources Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next busines s day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: 539 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 15 of 16 Consultant: Boucher Law, PC Attn: Christopher Boucher 2081 Center Street Berkeley, CA 94704 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Not Applicable Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. 540 Consulting Services Agreement between [Rev:11.14.2016] December 26, 2023 City of South San Francisco and Boucher Law, PC Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: Christopher Boucher TITLE: President and Secretary Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 541 EXHIBIT A SCOPE OF SERVICES Consultant shall provide labor relations consulting services to the City for successor MOU negotiations with City bargaining units with agreements expiring on July 1, 2024. By mutual agreement, the term may be extended to include City bargaining units with agreements expiring on July 1, 2025 . Negotiations shall commence no later than February 14, 2024 with a target completion date no later than June 30, 2024 Consultant’s scope of work shall be as follows: 1. Strategize, advise, lead and represent the City as its chief labor negotiator in negotiations for assigned units regarding a successor Memorandum of Understanding between the City and each unit’s representative union. 2. Review existing MOU language and identify areas within the MOU that should be re -evaluated or renegotiated in the interests of the City. 3. Lead meet and confer sessions with assigned units & consult on mandatory topics of bargaining and impacts with city staff and/or unions. 4. Assist with drafting proposal language, perform necessary fact research, and assist in the formulation and preparation of cost analysis. 5. Assist in the preparation of negotiation strategy; provide advice regarding industry best practices and regional trends. 6. Consult with the City Manager, Assistant City Manager and Human Resources Director prior to and following bargaining sessions to provide updates, and receive direction. 7. Review all materials submitted by unions and assist in the preparation on any responses to union materials or questions. 8. Attend closed session meetings with City Council, the City Manager, and Human Resources Director to provide debriefing on the status of contract negotiations and receive direction as needed. 9. As needed, advise the City on impasse procedures and represent the City in factfinding proceedings. 542 543 EXHIBIT B COMPENSATION SCHEDULE Hourly Rates Consultant time for performance of work as described in Exhibit A shall be billed shall be billed to the City on an hourly basis in increments of one-tenth of an hour as follows: Attorney Staff……$425 Consultant Staff…$325 An Additional surcharge of $25 per hour shall apply for complex matters, including case preparation, representation and attendance at litigation or administrative proc eedings (including factfinding and PERB), court trials, arbitrations, administrative hearings, discovery hearings, media inquiries and responses, and testifying at trials and hearings related to the scope of services described in Exhibit A. Consultant shall notify the City in advance of commencing work that incurs this surcharge. Reimbursable Expenses Reimbursable expenses shall be billed at cost, and shall include costs and expenses reasonably incurred in the performance of duties as described in Exhibit A, including mileage expenses at the rate allowed by the Internal Revenue Service; bridge tolls; parking, messenger and other delivery fees, photocopying, and similar items. Photocopying and printing shall be charged at $0.15 per page for black and white copies and $0.50 per page for color copies. If applicable, additional reimbursable expenses related to litigation, administrative proceedings (including factfinding and PERB), court trials, arbitrations, administrative hearings, discovery hearings, media inquiries and responses, and testifying at trials and hearings shall be reimbursed with advanced notice to the City prior to the expense being incurred. Such expenses may include, but are not limited to, process servers’ fees, fees fixed by law or assessed by court or other agencies, deposition costs, investigation expenses, expert witness fees and other similar items. 544 EXHIBIT C INSURANCE CERTIFICATES 545 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-74 Agenda Date:1/24/2024 Version:1 Item #:12. 2024 City Council Committee Assignments.(James Coleman, Mayor) City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™546 1/5/2024 1:07 PM 2024 CITY COUNCIL COMMITTEE ASSIGNMENTS STANDING SUBCOMMITTEES Community Development Block Grant (CDBG) Nicolas and Coleman Conference Center Authority Nicolas and Coleman Nagales (A) and/or Flores (A) Finance/Budget/Audit/Investment Coleman and Addiego Harbor District Liaison Subcommittee Coleman and Flores Homeless Outreach Team (HOT) Nicolas and Flores Measure W Oversight Subcommittee Nagales and Flores SSF School District Liaison Subcommittee Flores and Addiego AD HOC COMMITTEES Age Friendly Task Force Nicolas and Flores Holiday Decorations Committee Nicolas and Flores Housing and Planning Commission Committee Nagales, Addiego, (3) Planning TBD Joint Advisory Committee of the Child Care Mater Plan (JACCCMP) Nicolas and Coleman Naming Committee Addiego and Nicolas Sister Cities Committee Addiego and Nicolas Sports Fields Committee Nagales and Flores Sustainability Committee Nicolas and Coleman REGIONAL BOARDS / COMMITTEES Airport/ANIP Addiego Meets: as requested by Subcommittee Airport Land Use Committee (ALUC) (Susy Kalkin) Nicolas Meets Every 4th Thursday of every month Time: 4:00 – 6:00 p.m. Location: Burlingame City Council Chambers, 501 Primrose Rd. America Supporting Americans (ASA) Nicolas Joe Goethals, Board Member joe@goethalslegal.com www.asa-usa.org Association of Bay Area Governments (ABAG) (Fred Castro) Nagales (appt by Council of Cities) Meets every 3rd Thursday of every other month Time: 5:00 p.m. Finance Committee; 7:00 p.m. – 9:00 p.m. Executive Board Location: Bay Area Metro Center, Board Room CR-110B, 375 Beale St. SF) Bay Conservation & Development Committee (BCDC) (Grace Gomez, Reyna) Addiego Meets 1st & 3rd Thursday of every month Time: 1:00 – 3:00 p.m. Location: 375 Beale, Board Room 1st Floor, San Francisco; Bay Area Metro Ctr. Bicycle and Pedestrian Advisory Committee (BPAC by C/CAG) (MCrume) Nicolas (appt by C/CAG) Meets 4th Thursday of every month Time: 7:00 – 8:30 p.m. Caltrain Modernization (Cal Mod LPMG) (Devon Ryan) Addiego / Nagales (A) Meets 4th Thursday of every month Time: 5:30 - 7:30 p.m. Location: 1250 San Carlos Ave., 2nd Floor, Edward J. Bacciocco Auditorium, San Carlos (Meetings alternate between Caltrain hosting and HSR hosting) City/County Association of Government (C/CAG) Board (Mima Crume) Flores / Nicolas (A) Meets 2nd Thursday every month Time: 6:30 – 9:00 p.m. Location: 1250 San Carlos Ave., 2nd Floor, Edward J. Bacciocco Auditorium, San Carlos 547 2 Commute.org Board of Directors (Betsy Bautista or John Ford) Flores / Coleman (A) Meets 3rd Thursday of EVEN months Time: 8:00 – 9:30 a.m. Location: 1300 S. El Camino Real Ste 100 San Mateo, Silicon Valley Community Foundation Room 114 Countywide Oversight Board of Former Redevelopment Agencies (Sukhi Purewal) Addiego https://controller.smcgov.org/countywide-oversight-board-former-redevelopment-agencies Meets 2nd Monday of every month Time: 9:00 a.m. Location: 400 County Center, 1st Floor County Center, Board of Supervisors Chambers Housing Endowment & Regional Trust (HEART) (appt via League) (Jen Rosas) Coleman Meets 4th Wednesday of every month Time: 3:00 – 4:30 p.m. Location: 1300 S. El Camino Real, San Mateo Silicon Valley Conference Center Housing Our People Effectively (HOPE) IAC (Tammie Sweetser) Coleman / Nicolas (A) Meets 2nd Wednesday quarterly (Feb, May, Aug, Nov) Time: 10:00 a.m. – 12:00 p.m. Location: 400 Harbor Boulevard Belmont, Building B, Bali/Belize Room League of California Cities-Peninsula Division Council Liaison (Megan Dunn) Nagales and Flores Peninsula Clean Energy (PCE) Board (Nelly Wogberg) Coleman / Nicolas (A) Meets 4th Thursday of every month Time: 6:30 – 8:30 p.m. Location: 2075 Woodside Road, Redwood City, CA 94061, Peninsula Clean Energy San Mateo County Community Action Agency Board Flores Meets QUARTERLY (Jan, Apr, July, Oct see Website for specific dates) Time: 3:00 – 4:30 p.m. Location: 1 Davis Drive, Belmont Human Services Agency San Mateo County Home for All Steering Committee Coleman Meets as needed Time: 7:45 – 9:30 a.m. Location: 264 Harbor, Building A San Mateo Department of Housing SMC Pre-Hospital EMS Group (Margaret Stratton) Flores / Nagales (A) Meets every 3rd Wednesday in January, May and September Time: 6:30 – 8:00 p.m. 2022 – Virtual (when in-person, Belmont City Hall) SMC – Emergency Services Council (Rosalinda Jen) Flores / Nicolas (A) Meets 3rd Thursday Quarterly Time: 5:30 – 7:00 p.m. Location: 400 County Center, Board of Supervisors Chambers, Redwood City, CA SMC Transportation Authority (SMCTA) (Jean Brook) Nagales Meets 1st Thursday of the month Time: 5:00 p.m. Location: 1250 San Carlos Ave. 2nd floor, Edward J. Bacciocco Auditorium, San Carlos (Appointed by SamTrans Board) SFO Airport Community Round Table (Angela Montes) Nagales / Coleman (A) Meets 1st Wednesday of EVEN months (Feb, Apr, June, Aug, Oct, Dec) Time: 7:00 – 9:00 p.m. Location: 450 Poplar Ave., Millbrae David Chetcuti Community Room 548 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-48 Agenda Date:1/24/2024 Version:1 Item #:13. Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)) Name of case: Keahi, Devin vs. City of South San Francisco (Worker’s Compensation Appeals Board Case No. ADJ14518543) (Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human Resources Director) City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™549 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-001 Agenda Date:1/24/2024 Version:1 Item #:14. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties:Parcels on Sign Hill,South San Francisco (APNs 012-351-020,012-351-030,012-024-060,012- 024-070, 012-024-080, 012-024-090, 012-024-100, 012-024-110, and 012-024-120) Agency Negotiators:Nell Selander,Economic &Community Development Director;Greg Mediati,Parks and Recreation Director; and Sky Woodruff, City Attorney Negotiating parties: Syme Venture Partners LP Under negotiation: Price and terms City of South San Francisco Printed on 1/25/2024Page 1 of 1 powered by Legistar™550 ID Start time Language Name / Nombre Would you like to speak during Public Comment on a matter NOT on the agenda? Desea hablar de un tema que no esta en la agenda de el concilio? If you would like to speak on an agenda item(s), Enter the Agenda Item Number(s) below. If adding more than one item, please add a comma between each number. Por favor ingrese el número de artíc... 1 1/24/24 17:30:50 English (United States)‎Charlene Rouspil Yes / Si No 2 1/24/24 18:10:22 English (United States)‎Cynthia Marcopulos Yes / Si No 3 1/24/24 18:11:05 English (United States)‎Peggy Deras Yes / Si No