HomeMy WebLinkAbout04.10.2024@630 Regular CCWednesday, April 10, 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
April 10, 2024City Council Regular Meeting Agenda
How to observe the Meeting (no public comment, including via Zoom):
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Webinar ID: 886 3634 6631 Join by Telephone: +1 669 900 6833
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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
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Page 2 City of South San Francisco Printed on 4/11/2024
2
April 10, 2024City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
PRESENTATIONS
Proclamation Recognizing National Library Week, April 7 - 13, 2024. (James
Coleman, Mayor)
1.
Presentation regarding Property Tax in-lieu of Vehicle License Fees (VLF) Shortfall
(Rich Lee, Assistant City Manager)
2.
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 March 27, 2024. (Rosa Govea Acosta, City Clerk)3.
Cancellation of the Regular City Council Meeting of July 10, 2024. (Sharon Ranals,
City Manager).
4.
Page 3 City of South San Francisco Printed on 4/11/2024
3
April 10, 2024City Council Regular Meeting Agenda
Report regarding a resolution terminating the local emergency related to storm and
flooding events. (Sharon Ranals, City Manager, and Sky Woodruff, City Attorney)
5.
Resolution terminating the existence of a local emergency related to storm and flooding
events effective April 10, 2024.
5a.
Report regarding a resolution authorizing the use of $136,048.11 of Police Asset
Forfeiture Funds to purchase Unmanned Aerial Systems in conjunction with Axon Air
(Scott Campbell, Chief of Police)
6.
Resolution authorizing the use of $136,048.11 of Police Asset Forfeiture Funds to
purchase Unmanned Aerial Systems in conjunction with Axon Air
6a.
Report regarding a Program Supplemental Agreement with the State of California for
the Grand Avenue Bridges Project (Project No. st1804). (Lawrence Henriquez, Senior
Engineer)
7.
Resolution approving Program Supplemental Agreement No. F033 with the State of
California for the Grand Avenue Bridges in association with the Bridge Preventative
Maintenance Program in the amount of $592,000 with a local match in the amount of
$148,000 and authorizing the City Manager to execute said agreement; and approve
Budget Amendment Number 24.046 increasing appropriation of $740,000 to the
project.
7a.
Report regarding resolutions: 1) approving a loan agreement between the City of South
San Francisco (City) and Rotary Plaza, Inc. for $1,076,383 for an affordable housing
development at 522 Linden and approving Budget Amendment Number 24.047; 2)
approving a loan agreement between the City and Rotary Plaza, Inc. for $556,789 for
an affordable housing development at 500 Linden and approving Budget Amendment
Number 24.048; and 3) amending Resolution 188-2023 authorizing the City of South
San Francisco to apply to the State of California to receive and administer the City’s
entitlement of Permanent Local Housing Allocation (PLHA) funds and to enter into all
required agreements to receive the PLHA funds. (Elia Moreno, Housing Management
Analyst I)
8.
Resolution amending Resolution 188-2023 authorizing the City of South San Francisco
to apply to the State of California to receive and administer the City’s entitlement of
Permanent Local Housing Allocation (PLHA) funds and to enter into all required
agreement to receive the PLHA funds.
8a.
Page 4 City of South San Francisco Printed on 4/11/2024
4
April 10, 2024City Council Regular Meeting Agenda
Resolution approving a predevelopment loan agreement between the City of South
San Francisco and Rotary Plaza, Inc. for $1,076,383 from the City’s Low/ Mod-
Income Housing Asset Fund (Fund 241) for the development of approximately 65
family affordable housing units at 522 Linden and approving Budget Amendment
Number 24.047 appropriating the loan amount.
8b.
Resolution approving a predevelopment loan agreement between the City of South
San Francisco and Rotary Plaza, Inc. for $556,789 from the City’s Permanent Local
Housing (PLHA) 2019 and 2020 allocations for the development of approximately 80
Senior affordable housing units at 500 Linden and approving Budget Amendment
Number 24.048 appropriating the loan amount.
8c.
ADMINISTRATIVE BUSINESS
Report regarding a resolution approving the 2023 Military Equipment Annual Report
for the South San Francisco Police Department in compliance with Assembly Bill 481
(Adam Plank, Police Captain)
9.
Resolution approving the 2023 Military Equipment Annual Report for the South San
Francisco Police Department in compliance with Assembly Bill 481
9a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
Page 5 City of South San Francisco Printed on 4/11/2024
5
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-362 Agenda Date:4/10/2024
Version:1 Item #:1.
Proclamation Recognizing National Library Week, April 7 - 13, 2024.(James Coleman, Mayor)
City of South San Francisco Printed on 4/5/2024Page 1 of 1
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RECOGNITION OF APRIL 7-13, 2024, AS NATIONAL LIBRARY WEEK
April 10, 2024
WHEREAS, libraries offer the opportunity for everyone to connect with others, learn new
skills, and pursue their passions, no matter where they are on life’s journey;
WHEREAS, libraries have long served as trusted institutions, striving to ensure equitable
access to information and services for all members of the community regardless of race, ethnicity,
creed, ability, sexual orientation, gender identity, or socio-economic status;
WHEREAS, libraries adapt to the ever-changing needs of their communities, developing
and expanding collections, programs, and services that are as diverse as the populations they
serve;
WHEREAS, libraries are accessible and inclusive places that promote a sense of local
connection, advancing understanding, civic engagement, and shared community goals;
WHEREAS, libraries play a pivotal role in economic development by providing internet
and technology access, supporting literacy skills, and offering resources and assistance for
students, job seekers, entrepreneurs, and small businesses;
WHEREAS, libraries make choices that are good for the environment and make sense
economically, creating thriving communities for a better tomorrow;
WHEREAS, libraries are treasured institutions that preserve our collective heritage and
knowledge, safeguarding both physical and digital resources for present and future generations;
WHEREAS, libraries are an essential public good and fundamental institutions in
democratic societies, working to improve society, protect the right to education and literacy, and
promote the free exchange of information and ideas for all;
WHEREAS, libraries, librarians, and library workers are joining library supporters and
advocates across the nation to celebrate National Library Week;
NOW, THEREFORE, be it resolved that the City Council of the City of South San
Francisco does hereby proclaim National Library Week, April 7-13, 2024 and encourages all
residents to visit their library and celebrate the adventures and opportunities libraries, librarians
and library staff unlock for us every day.
James Coleman, Mayor
Eddie Flores, Vice Mayor
Mark Addiego, Councilmember
Mark Nagales, Councilmember
Buenaflor Nicolas, Councilmember
Dated: April 10, 2024
7
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-360 Agenda Date:4/10/2024
Version:1 Item #:2.
Presentation regarding Property Tax in-lieu of Vehicle License Fees (VLF) Shortfall (Rich Lee, Assistant City Manager)
City of South San Francisco Printed on 4/5/2024Page 1 of 1
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Property Tax in-lieu of Vehicle License Fee (VLF) Shortfall
Overview
April 10, 2024
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•County
•Cities
•Special Districts
School Districts
1%General Levy
Local Property Tax Apportionment
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LCFF (Local Control Funding Formula)
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•County
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ERAF (Education Revenue Augmentation Fund)
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•County
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School Districts
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ERAF (Education Revenue Augmentation Fund)
ERAF
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LCFF (Local Control
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Key Factors for a School District Turning Basic Aid
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In-Lieu Vehicle License Fee (VLF)
•Part of budget compromise of 2004
•Created State’s In-lieu VLF payment obligation to counties
and cities (VLF no longer tied to vehicle registration
collected by State)
•VLF growth tied to local assessed value growth
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LCFF (Local Control Funding Formula)
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LCFF (Local Control Funding Formula)
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VLF In-Lieu
VLF In-Lieu
VLF In-Lie u
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LCFF (Local Control Funding Formula)
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VLF In-Lieu
VLF In-Lieu
VLF In-Lie u
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ERAF VLF Funding Example 1:
VLF Obligation –$110M
Available Sources -$120M
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Non-Basic Aid Districts Basic Aid Districts
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VLF In-Lieu
VLF In-Lieu
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ERAF10
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VLF Funding Example 2:
VLF Obligation -$110M
Available Sources -$70M
Shortfall:$40M
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What Happens When There Is a VLF Shortfall?
•The VLF Swap Statute does not specify how the State funds its in-lieu VLFobligationwhenthespecifiedfundingsourcesareinsufficienttofullysatisfyamountsowedtothecitiesandcounty.
•If there is a shortfall,the county auditor controller files a claim with theState/DOF requesting paymenttocountyandcities
•Statewide,only 3 counties (and cities within)experience VLF shortfalls:San Mateo,Alpine
and Mono•All other 55 counties (and cities within)receive their full annual VLF revenue amountsfromtheStatethroughthefunding mechanism specified in the VLF Swap Statute
•Historically,the State has always made counties andcities whole byreimbursinganyin-lieu VLFshortfallsthroughaspecial appropriation inthe State budget.
•In years when the State has failed to include VLF shortfall
amounts in the proposed budget,the counties and cities
have relied on their state delegations to advocate for the
inclusion of the reimbursement in the enacted State
budget.
30
VLF Shortfall Data for San Mateo County
•Historical countywide (cities andcounty)VLF shortfalls andmethod
of payment:
•FY 2011-12 =$432,286 =Funding included in Governor’s FY 2013-14
proposed budget
•FY 2019-20 =$10,098,355 =Funding included in Governor’s FY 2021-22
proposed budget*
•FY 2020-21 =$96,051,945 =Funding included in Governor’s FY 2022-23
proposed budget
•FY 2021-22 =$32,440,253 =Funding included in Legislature’s FY 2023 -24
approved budget
*amount was subsequently revised
•Current unpaid countywide VLF shortfalls
•FY 2022-23 =$70,048,146 =No funding included in Governor’s FY 2024 -25
proposed budget
•FY 2023-24 =$114,390,900 =Estimated shortfall for current year ending on June
30,2024**
**estimate is subject to change as more information becomes available
•Projected future countywide shortfall amounts
•Future (FY 2024-25 to 2031-32)shortfall amounts are estimated to total between
$52 to $332 million per year
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Ag
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County $41 $67 $31 $83 $113 $145 $150 $170 $159 $197
SSF 3 5 2 6 8 11 11 12 11 14
All
other
cities
26 42 19 51 70 89 92 104 98 121
Total $70 $114 $52 $140 $191 $245 $253 $286 $268 $332
VLF Shortfalls (in millions)
2023 Actual
2024 Estimate
2025-2024 Projection
32
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-356 Agenda Date:4/10/2024
Version:1 Item #:3.
Motion to approve the Minutes for March 27, 2024. (Rosa Govea Acosta, City Clerk)
City of South San Francisco Printed on 4/11/2024Page 1 of 1
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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
Communications Manager Lau led the pledge.
AGENDA REVIEW
No changes.
ANNOUNCEMENTS FROM STAFF
No announcements.
PRESENTATIONS
1. Certificate of Recognition honoring Maya Thompson, San Mateo County Women’s Hall of
Family inductee. (James Coleman, Mayor)
Mayor Coleman presented the Certificate of Recognition to honor Maya Thompson. Maya accepted
the certificate and thanked the Council for the recognition.
2. Presentation from the Joint Advisory Committee of the Child Care Master Plan for South San
Francisco (JACCCMP) Introduction, Summary of Work and Brief Presentation. (Kathleen
White, SSF Child Care Plan)
Mayor Coleman provided an overview of the Childcare Master Plan. Kathleen White presented the
item and introduced members of the committee. Members of the committee shared their experiences
and provided recommendations to the Council. The Council thanked all involved for their hard work.
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, MARCH 27, 2024
6:30 p.m.
Library Parks and Recreation Building
Council Chambers
901 Civic Campus Way, South San Francisco, CA
34
REGULAR CITY COUNCIL MEETING MARCH 27, 2024
MINUTES PAGE 2
COUNCIL COMMENTS/REQUESTS
Councilmember Nagales shared that he attended the San Mateo County Asian American Pacific
Islander Alliance Lunar New Year Dinner and recognized Assemblymember Phil Ting. He also
shared that he attended the Easter Egg Hunt and the Parks and Recreation staff for hosting a great
event. He also invited the public to attend the groundbreaking ceremony for the Orange Memorial
Park swimming pool. He noted that he serves on the Association of Bay Area Government and shared
that there is possibility of San Mateo County to receive bonds for affordable housing funds. Lastly,
he requested that the City Manager work with Boards, Committees, and Commissions to have
representatives report out to City Council to stay connected with the work they do.
Councilmember Nicolas shared that Cal Water Scholarship Grants are available for our youth, and
the deadline is March 28, 2024. She also shared that the City of South San Francisco is hosting a paid
Summer Youth Internship Program, and the application deadline is April 12, 2024. She stated that
Sister Cities is sponsoring a search for young artists and authors. She also reminded the community
that free tax services are offered at 725 Price St., Daly City, CA, for those who qualify.
Councilmember Addiego agreed that we should continue connecting with those who serve on our
Boards, Committees, and Commissions and shared that an annual event was hosted in the past. He
inquired on the status of a ceasefire resolution. Mayor Coleman indicated that he is working with staff
to draft a letter supporting a ceasefire. Councilmember Addiego also shared that he had the
opportunity to tour the Celeste and encouraged all to visit the building. He requested that the meeting
be adjourned in memory of Eleanor Ann Ehle.
Vice Mayor Flores shared that he attended the California League of Cities Policy Commission in
Southern California and discussed the topic of homelessness. He noted the City of South San
Francisco was discussed due to the guaranteed basic income pilot program and that he was able to
report on the work being done. He requested the City Manager give an update on the street work
being done on Grand Ave and Airport Blvd. City Manager Ranals shared that the evening work has
been completed, and the construction work is expected to be completed by the end of April. She also
shared that the plaza work is ongoing and expected to be completed by July.
Mayor Coleman shared that he took part in a walk audit and explored how to encourage safer street
crossings and traffic safer for pedestrians. He requested that certain streets in school areas be
prioritized for red curb paintings to create safer crosswalks. He also shared that he attended the Asian
American Recovery Services reopening event and discussed the services they provide. He also stated
that he had the opportunity to meet with local businesses with Community Overcoming Relationship
Abuse (CORA) to provide training on spotting domestic violence. He apprised the Council and
community on the status of the ceasefire resolution request, noted he was working with staff to draft
a letter, and welcomed suggestions from the Council.
PUBLIC COMMENTS – NON-AGENDA ITEMS
Written Comments Submitted via eComments:
• 12 eComments Received
The following individuals addressed the City Council:
• Darlene Marsh
• Stephanie A
• Key A
35
REGULAR CITY COUNCIL MEETING MARCH 27, 2024
MINUTES PAGE 3
• Amber A
• Hibz
• Keliana Hui
• César R
• Jay Katt
• Rami Asia
• DeVante
• Kam
• Nicole Han
• Sam Chetcuti
• Charlene Rouspil
• Dolores Piper
• Cynthia Marcopulos
• Russell Lee
• Lina
• Mandy
• Nannette Cole
• Valeria
• Peggy
• Unidentified speaker
Meeting recessed at 8:07 p.m.
Meeting resumed at 8:24 p.m.
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. 4 and Item No. 5 was pulled by Mayor Coleman
and Councilmember Addiego for further discussion.
3. Motion to approve the Minutes for March 13, 2024. (Rosa Govea Acosta, City Clerk)
4. Report regarding Resolution No. 54-2024 authorizing application for, and receipt of, State
Prohousing Incentive Program funds. (Nell Selander, Economic & Community Development
Director)
Item No. 4: Mayor Coleman requested that Director Selander provide a report. Director Selander
provided the report. The Council recognized the importance of this item as the City of South San
Francisco is one of two cities in San Mateo County that is able to be a pro-housing City.
Motion – Councilmember Addiego /Second – Councilmember Nagales: To approve Consent
Calendar 3-4, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, and Vice Mayor
Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
5. Report regarding adoption of Ordinance 1654-2024 amending South San Francisco Municipal
Code Section 20.360.004 (General Standards for all Signs) to allow four digital billboards
along the US 101 corridor (ZA22-0004) and Ordinance 1655-2024 approving a Development
Agreement (DA22-0003) between South San Francisco and Outfront Foster Interstate, LLC
to allow for the installation of a 65-foot tall, double-faced, digital billboard on property located
adjacent to 140 Beacon Avenue in a PG&E easement along HWY 101 & 380 in the Business
36
REGULAR CITY COUNCIL MEETING MARCH 27, 2024
MINUTES PAGE 4
Technology Park-High (BTP-H) Zoning District in accordance with Title 20 of the South San
Francisco Municipal Code (Christy Usher, Senior Planner)
Item No. 5: Councilmember Addiego and Councilmember Nagales noted they would not support the
item.
Motion – Vice Mayor Flores /Second – Councilmember Nicolas: To approve Consent Calendar 5, by
roll call vote: AYES: Councilmember, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS:
Councilmember Addiego and Nagales; ABSENT: None; ABSTAIN: None
Meeting recessed at 7:46 p.m.
Meeting resumed at 7:57 p.m.
PUBLIC HEARING
Councilmember Nagales recused himself due to a Conflict of Interest at 8:33 p.m.
6. Report regarding holding a Public Hearing on the City’s housing, community, and economic
development needs for the Fiscal Year 2024-25 Annual Action Plan and providing direction
to the Community Development Block Grant (CDBG) Subcommittee regarding funding
priorities. (Danielle Thoe, Housing Manager)
Housing Manager Thoe provided the report.
Public hearing opened: 8:38 p.m.
The following individual provided public comments:
• Alyssa, Development Director with CORA- supported continued program funding.
• Cecilia Chu, Executive Director of Friends for Youth – supported continued program
funding.
• Laura Fanucchi, Director of Programs at HIP Housing – supported continued program
funding.
• Andi Otto, Prevention Educator & Sexual Assault Counselor for Rape Trauma Services –
supported continued program funding.
• Melissa Lucan, Executive Director of Rebuilding Together Peninsula – supported continued
program funding.
Public hearing closed: 8:54 p.m.
Councilmember Nagales returned to the Council Chambers at 8:55 p.m.
ADMINISTRATIVE BUSINESS
7. Report regarding a study session on the potential formation of an Eastern Neighborhoods
Community Facilities District. (Christina Fernandez, Deputy City Manager; Daniel Jacobson,
Fehr & Peers; Noah Christman, Lighthouse Public Affairs; Susan Goodwin, Goodwin
Consulting Group)
Deputy City Manager Fernandez provided the report and introduced Daniel Jacobson from Farren
Pierce Noah Chrisman from Lighthouse Public Affairs, as well as Susan Goodwin with Goodwin
Consulting Group.
37
REGULAR CITY COUNCIL MEETING MARCH 27, 2024
MINUTES PAGE 5
Daniel Jacobson reviewed the mix of projects and shared recommendations. Noah Chrisman reviewed
the outreach efforts, while Susan Goodwin reviewed the financing of the Community Facilities
District. The Council, staff, and consultants engaged in questions and discussions, and direction was
provided to staff.
8. Motion to accept the report regarding the 2023 General Plan and Housing Element Annual
Progress Reports (Tony Rozzi, Economic & Community Development Deputy Director; Billy
Gross, Principal Planner; and Stephanie Skangos, Senior Planner)
Principal Planner Gross provided a report on the 2023 General Plan, and Deputy Director Rozzi
provided a report on the Housing Element.
Councilmember Nagales requested clarification regarding the requirements for Housing and
Community Development (HCD). Director Rozzi and City Attorney Woodruff clarified the
requirements that SB 35 implemented.
The Council thanked staff for their work and highlighted the significance of prioritizing housing
goals.
9. Motion to receive and file the City’s Housing Successor Agency Annual Report for Fiscal
Year 2022-23. (Nell Selander, Economic & Community Development Director)
Director Selander provided a report.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
Councilmember Nicolas requested to adjourn the meeting in memory of Josefina Meer Malveda,
Susan Carpio Dy, and Nimfa Nicolas De Leon.
Entered into Closed Session: 10:17 p.m.
CLOSED SESSION
10. Conference with Labor Negotiators
(Pursuant to Government Code Section 54957.6)
Agency designated representatives: Christopher Boucher, Boucher Law, Sharon Ranals, City
Manager, Rich Lee, Assistant City Manager, Karen Chang, Director of Finance
Employee organizations: Teamsters Local 856-Confidential, Teamsters Local 856-Mid-
Management, AFSCME Local 829
Unrepresented employees: Public Safety Managers, Executive Management
11. Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: 366 Grand Avenue (APN 012-312-310)
Agency negotiator: Nell Selander, Economic & Community Development Director, and
Ernesto Lucero, Economic Development Manager
Negotiating Party: Stacey S. Dobos Trust
Under negotiation: Price and Terms
38
REGULAR CITY COUNCIL MEETING MARCH 27, 2024
MINUTES PAGE 6
12. 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
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
Report out of Closed Session by Mayor Coleman: Direction given. No reportable action.
Resumed from Closed Session: 11:34 p.m.
ADJOURNMENT
Being no further business, Mayor Coleman adjourned the City Council meeting at 11:35 p.m.
***
Adjourned in Memory of
Eleanor Ann Ehle, Josefina Meer Malveda, Susan Carpio Dy, and Nimfa Nicolas De Leon.
***
Submitted by: Approved by:
Jazmine Miranda James Coleman
Assistant City Clerk Mayor
Approved by the City Council: / /
39
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-363 Agenda Date:4/10/2024
Version:1 Item #:4.
Cancellation of the Regular City Council Meeting of July 10, 2024.(Sharon Ranals, City Manager).
RECOMMENDATION
It is recommended that the City Council,by motion,cancel the regular City Council meeting of July 10,
2024.
CONCLUSION
Cancellation of the July 10, 2024, City Council meeting will not result in an adverse effect on City business.
City of South San Francisco Printed on 4/11/2024Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-354 Agenda Date:4/10/2024
Version:1 Item #:5.
Report regarding a resolution terminating the local emergency related to storm and flooding events. (Sharon
Ranals, City Manager, and Sky Woodruff, City Attorney)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution terminating the local emergency related to
major storm and flooding events that occurred in February and March 2024.
BACKGROUND
On February 5,2024,the City of South San Francisco and the greater San Francisco Bay Area region
experienced a major storm that caused significant issues,including prolonged electrical blackouts,clogged
storm drains, and downed trees due to the combination of heavy precipitation and high velocity winds.
The City received hundreds of calls for service during the storm event.The City’s Emergency Operations
Center (EOC)was activated at 5:00 AM on February 5,2024 in preparation for the event.Non-emergent
dispatch calls were routed to the EOC to reduce call volume and provide relief to San Mateo County Public
Safety Communications and SSFPD dispatchers to the extent possible.Parks and Recreation staff responded to
several calls throughout the afternoon and evening related to downed trees blocking access to Right of Way.
Public Works staff responded to calls throughout the afternoon and into the late evening related to blocked
storm drains,flooded roads,downed trees,traffic signal damages or outages and construction fencing blocking
Right of Way.
Impact to the South San Francisco Community
At the apex of the storm event,approximately 14,000 customers in South San Francisco were without power.At
a larger scale,over 550,000 Pacific Gas &Electric (PG&E)customers experienced a power outage during the
storm event.As a result of the severity of the storm event,PG&E’s resources were stretched and restoration of
electrical service ranged from 24-72 hours after the storm passed.In response to the power outage,the City
activated its Library |Parks and Recreation Center as a Community Resource Center for residents to charge
their devices in the lobby areas.
Local Emergency Proclamation
Pursuant to Government Code sections 8630 and 8634,which is contained within Article 14 of the California
Emergency Services Act,the City Council and Director of Emergency Services are authorized to proclaim the
existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a
public calamity.Section 2.72.050 of the South San Francisco Municipal Code (SSFMC)establishes the City
Manager as the Director of Emergency Services.SSFMC Section 2.72.060 authorizes the Director of
Emergency Services to proclaim the existence or threatened existence of a Local Emergency when the City is
affected or likely to be affected by a public calamity and the City Council is not in session.SSFMC Section
2.72.060 (a)(1)states that whenever a local emergency is proclaimed by the Director of Emergency Services,
the City Council shall take action to ratify the proclamation within seven (7)days thereafter or the proclamation
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File #:24-354 Agenda Date:4/10/2024
Version:1 Item #:5.
the City Council shall take action to ratify the proclamation within seven (7)days thereafter or the proclamation
shall have no further force or effect.
Pursuant to the foregoing local and state law,the City Manager/Director of Emergency Services proclaimed a
Local Emergency and signed an Emergency Proclamation on February 7,2024.The City Council ratified the
Local Emergency Proclamation on February 14,2024 in compliance with SSFMC Section 2.72.060 (a)(1).The
City Council continued to declare and ratify the existence of a local emergency on March 13, 2024.
Since the last continuance,the City has abated the impact of the storm events to the City’s infrastructure and
Right of Way. As such, the local emergency proclamation can be terminated.
FISCAL IMPACT
Termination of the local emergency does not create any direct fiscal impacts.
RELATIONSHIP TO STRATEGIC PLAN
This action is related Priority Area 3.0, Public Safety, under the goal of disaster response and crisis
communication.
CONCLUSION
It is recommended that the City Council adopt a resolution terminating the local emergency related to storm and
flooding events effective April 10, 2024.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-355 Agenda Date:4/10/2024
Version:1 Item #:5a.
Resolution terminating the existence of a local emergency related to storm and flooding events effective April
10, 2024.
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the City Council to
proclaim the existence or threatened existence of a local emergency when the City of South San Francisco
(“City”) is affected or likely to be affected by a public calamity; and
WHEREAS, Section 2.72.060 of the South San Francisco Municipal Code (“SSFMC”) authorizes the City
Manager, serving as the Director of Emergency Services to proclaim, or to request the City Council to
proclaim, the existence or threatened existence of a local emergency; and
WHEREAS, SSFMC Section 2.72.060 authorizes the director of emergency services to make and issue rules
and regulations on matters reasonably related to the protection of life and property as affected by such
emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by
the City Council; and
WHEREAS, on February 7, 2024, the City Manager, in their capacity as Director of Emergency Services,
declared a local emergency proclamation in response to the significant storm event on February 4, 2024; and
WHEREAS, on February 14, 2024, the City Council adopted Resolution Number 29-2024 to ratified the Local
Emergency Proclamation in compliance with SSFMC Section 2.72.060 (a)(1); and
WHEREAS, on March 13, 2024, the City Council subsequently adopted Resolution Number 42-2024 that
continued to declare and ratify the existence of a local emergency; and
WHEREAS, the City Council has reviewed the conditions that necessitated the proclamation of a local
emergency issued on February 7, 2024; and
WHEREAS, it is therefore appropriate to terminate the local emergency related to the storm events of February
and March 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby
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File #:24-355 Agenda Date:4/10/2024
Version:1 Item #:5a.
proclaim that the local emergency related to the storm events of February and March 2024, as previously set
forth in Resolution Nos. 29-2024 and 42-2024, is hereby terminated effective on April 10, 2024.
*****
City of South San Francisco Printed on 4/11/2024Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-255 Agenda Date:4/10/2024
Version:1 Item #:6.
Report regarding a resolution authorizing the use of $136,048.11 of Police Asset Forfeiture Funds to purchase Unmanned
Aerial Systems in conjunction with Axon Air (Scott Campbell, Chief of Police)
RECOMMENDATION
Staff recommends the City Council adopt a resolution authorizing the use of $136,048.11 of Police Asset
Forfeiture Funds for a Purchasing Agreement with Axon Enterprise,Inc.,to provide an unmanned aerial
systems program for a five-year term.
BACKGROUND/DISCUSSION
An unmanned aerial system (UAS),often referred to as a drone,is an aircraft which is controlled remotely from
the ground.UAS may be used to provide an aerial observation platform to enhance the efficiency and safety of
police operations.The ability to provide this aerial view can enhance officer safety without placing additional
officers at risk while increasing public safety and aid in the apprehension of suspected criminals.The utilization
of a UAS during an area search can also dramatically reduce the time needed to search the area,reducing the
drain on resources,and minimizing the impact on the public.The uses of UAS include,but are not limited to,
scene documentation,area searches for people and/or evidence,disaster response,tactical operations,and
critical incident management.
Drone technology has improved significantly over the last several years,making the use of this equipment an
increasingly essential part of law enforcement operations.Over the past year,the Police Department has
requested assistance from outside agencies 30 times,27 of which were requests for UAS assistance.The Police
Department wishes to implement a UAS program,and has identified Axon Enterprise,Inc.,as providing a
comprehensive solution which is the best fit for our agency.
Axon Air,a division of Axon Enterprise,Inc.,is a UAS program built for law enforcement.The system
includes automated tracking of pilot,aircraft,flight logs,and live streaming for situational awareness,which
increases opportunities for de-escalation.The use of Axon Air will allow for integration with the Police
Department’s other Axon camera systems.All video evidence recorded will upload to Axon’s Evidence.com
and can easily be transmitted for discovery purposes.The integration of video storage from Body Worn
Cameras, In-Car Cameras, and UAS provides a time efficient and cost-effective solution for data storage.
All UAS operations are conducted by personnel who have received the required training and certification.
Flights are approved in advance by the UAS Commander and Pilot,who ensures compliance with Department
policy as well as Federal Aviation Administration (FAA)flight restrictions.A top concern with any UAS
program is privacy.During the flight,the remote pilot takes all steps to ensure the camera is focused on the
areas necessary for the mission and refrain from the collection of data concerning uninvolved persons or places.
The FAA and South San Francisco Police Department (SSFPD)have strict rules and regulations as to when,
where, how, and why a UAS operation is permitted. The UAS are not equipped with any weapons.
Authorizing the SSFPD to utilize the Police Asset Forfeiture Funds for this purpose will equip the department
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File #:24-255 Agenda Date:4/10/2024
Version:1 Item #:6.
with the following:
·Two Mavic 3T UAS systems for outdoor operations.
·One Mavic 30T UAS system for extended outdoor operations (resistant to inclement weather).
·Eleven Avata indoor drones for interior operations only,which will be distributed to each patrol team
and SWAT team.Interior operations provide additional equipment challenges to include placing a
stationary UAS in one location to provide visual of an area while an additional UAS can continue
searching the interior.The potential for the suspect to damage the interior UAS is also greater during
these operations.
·An end-to-end solution for collecting and recording pilot data,flight data,and digital media evidence
collection and storage.
Authorizing the SSFPD to utilize the Police Asset Forfeiture Funds for this purpose will incorporate a 5-year
contract with Axon Air,which will consolidate operations of the UAS equipment onto one platform,and
provide the necessary systems,software,licenses,maintenance,hardware,training,and related services for a
comprehensive public safety UAS program.
FISCAL IMPACT
The funding from this purchase comes solely from Police Asset Forfeiture Funds.There is no impact to the
General Fund.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this meets Strategic Goal #3:Public Safety by rendering skilled police,fire,and emergency
service management.
CONCLUSION
Adoption of this resolution authorizes the use of $136,048.11 of Police Asset Forfeiture Funds to purchase Unmanned
Aerial Systems in conjunction with Axon Air.
City of South San Francisco Printed on 4/5/2024Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-256 Agenda Date:4/10/2024
Version:1 Item #:6a.
Resolution authorizing the use of $136,048.11 of Police Asset Forfeiture Funds to purchase Unmanned Aerial Systems in
conjunction with Axon Air
WHEREAS,the City of South San Francisco (“City”)recommends that the City Council adopt a resolution authorizing
the Police Department to purchase Unmanned Aerial Systems (“UAS”); and
WHEREAS,the South San Francisco Police Department (“SSFPD”)will provide the highest level of service based on
trust and transparency; and
WHEREAS,UAS is often referred to as a drone which is controlled remotely from the ground and may be used as an
aerial observations platform to enhance the efficiency and safety of police operations; and
WHEREAS,utilization of UAS during an area search can reduce the time needed to search an area,reduce resources,
minimize the impact on the public,and with an aerial view,enhance officer safety without placing officers at risk while
increasing public safety; and
WHEREAS,drone technology has improved significantly over the last several years,making the use of this equipment an
increasingly essential part of law enforcement operations; and
WHEREAS,over the past year,SSFPD has requested assistance from outside agencies 30 times,27 of which were
requests for UAS assistance; and
WHEREAS,the system includes automated tracking of pilot,aircraft,flight logs,and live streaming for situational
awareness, which increases the opportunities for de-escalation; and
WHEREAS,the use of Axon Air will allow for integration with other Axon camera systems,where all video evidence
recorded will upload and can be easily transmitted for discovery purposes; and
WHEREAS,the integration of video storage from Body Worn Cameras,In-Car Cameras,and UAS provides a time
efficient and cost-effective solution for data storage; and
WHEREAS,all UAS operations are conducted by personnel who have received the required training and certification;
and
WHEREAS,flights are approved in advance by the UAS Commander and Pilot,who ensures compliance with SSFPD
policy as well as Federal Aviation Administration (“FAA”) flight restrictions; and
WHEREAS, a top concern with any UAS program is privacy; and
WHEREAS,during the flight,the remote pilot takes all steps to ensure the camera is focused on areas necessary for the
mission and refrain from the collection of data concerning uninvolved persons or places; and
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File #:24-256 Agenda Date:4/10/2024
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WHEREAS,the FAA and SSFPD have strict rules and regulations as to when,where,how,and why a UAS operation is
permitted; and
WHEREAS, the UAS is not equipped with any weapons; and
WHEREAS,the SSFPD will purchase two UAS systems for outdoor operations,one UAS system for extended outdoor
operations (resistant to inclement weather),eleven indoor drones for interior operations only,and an end-to-end solution
for collecting and recording pilot data, flight data, and digital media evidence collection and storage; and
WHEREAS,in coordination with the City Finance Department,the Chief of Police determines and authorizes all
expenditures from this account based on DEA regulations; and
WHEREAS,the purchase of $136,048.11 comes solely from the Police Asset Forfeiture Funds and there will be no fiscal
impact to the City’s General Fund.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve
the purchase of $136,048.11 for Unmanned Aerial Systems.
BE IT FURTHER RESOLVED,that the City Council of the City of South San Francisco hereby authorizes the City
Manager to execute the purchase and any other documents on behalf of the City to carry out the intent of this resolution,
subject to approval as to form from the City Attorney.
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File #:24-256 Agenda Date:4/10/2024
Version:1 Item #:6a.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-269 Agenda Date:4/10/2024
Version:1 Item #:7.
Report regarding a Program Supplemental Agreement with the State of California for the Grand Avenue
Bridges Project (Project No. st1804).(Lawrence Henriquez, Senior Engineer)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute
Program Supplemental Agreement (PSA)No.F033 with the State of California,for the Grand Avenue
OH Bridges Project (st1804)in association with the Bridge Preventative Maintenance Program in the
amount of $592,000 with a local match in the amount of $148,000;and approve Budget Amendment
Number 24.046 adding $740,000 to the project.
BACKGROUND/DISCUSSION
The City of South San Francisco (“City”)has an ongoing Bridge Preventative Maintenance Program (BPMP)
for the Grand Avenue Bridges since they fall under the Caltrans Bridge Inspection Program (Attachment 1-
Grand Avenue OH Bridges Location Map).The BPMP was created to help local agencies extend the life of
their bridges by performing certain activities that have been preapproved by the Federal Highway
Administration.
The Bridge Preventative Maintenance Program Goals are to:
1.Maintain the existing inventory of bridges in a structurally safe and serviceable condition.
2.Correct minor structural deficiencies early in a bridge's life,rather than wait until a bridge has major
problems requiring costly rehabilitation, reconstruction or replacement.
3.Extend the service lives of existing bridges.
4.Make efficient use of limited resources.
Caltrans inspects the bridges every two years and submits its findings to the City.City Staff determines the
appropriate actions based upon the reports and Caltrans work recommendations.
A summary of the recent bridge rehabilitation history and planned projects is outlined in the following table:
BRIDGE NO.DESCRIPTION NOTES
#35C0032 Dunman St at Hickey Blvd Current BPMP* (Design) + Repairs in 2013
#35C0079 Colma Creek Bridge at Chestnut Ave Current BPMP (Design) + Repairs in 2013
#35C0078 Colma Creek Bridge at Spruce Ave (N-S)Current BPMP (Design)
#35C0126 Colma Creek Bridge at Spruce Ave (E-W)No work indicated per Caltrans Report
#35C0031 Colma Creek Bridge at Linden Ave Current BPMP (Design)
#35C0048 San Mateo Ave at Airport Blvd Repairs in 2013 project
#35C0021 Colma Creek Bridge at Produce Ave Current BPMP (Design)
#35C0101 Colma Creek Bridge at Utah Ave Current BPMP (Design) + Repairs in 2013
#35C0148L Grand Ave OH at US101 (westbound)Grant funding expected in FY23/24 (Design)
#35C0148R Grand Ave OH at US101 (eastbound)Grant funding expected in FY23/24 (Design)
#35C0173 Oyster Pt Blvd OH at Gateway Blvd Current BPMP* (Design) + Repairs in 2013
#35C0206 San Bruno Canal Bridge at S. Airport Blvd Bridge Replaced in 2018
#35C0046 San Bruno Canal Bridge at North Access Rd /
S. Airport Blvd
Current BPMP* (Design) + Repairs in 2013
#35C0047 San Bruno Canal Bridge at North Access Rd
(adjacent to Park SFO exit/entryway)
Current BPMP (Design) + Repairs in 2013
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File #:24-269 Agenda Date:4/10/2024
Version:1 Item #:7.
BRIDGE NO.DESCRIPTION NOTES#35C0032 Dunman St at Hickey Blvd Current BPMP* (Design) + Repairs in 2013#35C0079 Colma Creek Bridge at Chestnut Ave Current BPMP (Design) + Repairs in 2013
#35C0078 Colma Creek Bridge at Spruce Ave (N-S)Current BPMP (Design)
#35C0126 Colma Creek Bridge at Spruce Ave (E-W)No work indicated per Caltrans Report
#35C0031 Colma Creek Bridge at Linden Ave Current BPMP (Design)
#35C0048 San Mateo Ave at Airport Blvd Repairs in 2013 project
#35C0021 Colma Creek Bridge at Produce Ave Current BPMP (Design)
#35C0101 Colma Creek Bridge at Utah Ave Current BPMP (Design) + Repairs in 2013
#35C0148L Grand Ave OH at US101 (westbound)Grant funding expected in FY23/24 (Design)
#35C0148R Grand Ave OH at US101 (eastbound)Grant funding expected in FY23/24 (Design)
#35C0173 Oyster Pt Blvd OH at Gateway Blvd Current BPMP* (Design) + Repairs in 2013
#35C0206 San Bruno Canal Bridge at S. Airport Blvd Bridge Replaced in 2018
#35C0046 San Bruno Canal Bridge at North Access Rd /
S. Airport Blvd
Current BPMP* (Design) + Repairs in 2013
#35C0047 San Bruno Canal Bridge at North Access Rd
(adjacent to Park SFO exit/entryway)
Current BPMP (Design) + Repairs in 2013
Two of the 15 City bridges (Grand Ave OH Bridges at US 101 /ST1804)under the Caltrans Bridge Inspection
Program will be rehabilitated.Bridge #35C0126 (Colma Creek Bridge at Spruce Ave),has no repairs
recommended per the latest Caltrans Bridge Inspection Report.
Program Supplemental Agreement No. F033
In October 2017,the City entered into an Administering Agency-State Agreement for Federal Aid with Caltrans
for the maintenance of the Grand Avenue OH Bridges identified in the Caltrans Bridge Inspection Reports.
1 #35C0148L Grand Ave Bridge due
westbound between
Dubuque Ave & E. Grand
Ave
Overlay concrete deck with methacrylate; patch concrete
spalls on deck and left bridge terminus at Abutment 6; clean
and paint the steel closed web box girder superstructure.
2 #35C0148R Grand Ave Bridge due
eastbound between
Dubuque Ave & E. Grand
Ave
Remove any spalled or delaminated concrete on the deck and
edge of deck; patch with suitable material, blast clean and
place methacrylate; clean and paint the steel closed web girder
superstructure; clear all deck drains that have been blocked by
dirt and debris.
On February 28,2024,the City received the Program Supplemental Agreement (PSA)No.F033 from Caltrans
authorizing Preliminary Engineering for the Grand Avenue OH Bridge in an amount of $592,000.
The administration of state and federally funded local transportation projects is carried out by the benefiting
agencies through the Caltrans Local Assistance Program.The City of South San Francisco has general authority
as an administering agency;however,project-specific supplemental agreements are required for individual
projects.The program supplement agreements allow for the reimbursement of project development costs.
Program Supplement Agreement No.F033 authorizes Federal funding in the amount of $592,000 for
preliminary engineering.The City’s matching fund for preliminary engineering is estimated at $148,000.The
estimated total project cost for the preliminary engineering is $740,000.
As a standard condition of the PSA,the City agrees that any cost increase would be funded by the City.Should
designer fee estimates received be higher,the City will be responsible to fund the shortfall to complete the
design and deliver the project.With funding identified,City Staff will prepare and issue a Request for Proposals
(RFP) to select a consultant to provide such design services.
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File #:24-269 Agenda Date:4/10/2024
Version:1 Item #:7.
FISCAL IMPACT
The City will commit to funding a 20%local match of the total $740,000 for the Grand Avenue OH Bridges
rehabilitation. The following table details the project budget:
FUNDING SOURCE AMOUNT PURPOSE
Federal $592,000 Preliminary Engineering
Citywide TIF $148,000 Local Match
Total $740,000
The City’s Fiscal Year 2023-24 Capital Improvement Program budget included an unspent budget of $226,994
for this project.When combined with the Federal funding of $592,000 and the local match of $148,000,a total
of $966,994 is available for the project.
The project includes funding though the Highway Bridge Program (HBP)Grant program and establishes a
Disadvantaged Business Enterprise (DBE) participation goal of 13%.
The City is eligible for reimbursement of Caltrans approved project related expenditures including City
expenditures and consultant fees for project administration,CEQA publications,public notifications,permits,
and other direct costs.
RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by
improving traffic safety and experience.
CONCLUSION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Program
Supplemental Agreement No.F033 with the State of California in the amount of $592,000 with a local match in
the amount of $148,000;and approve Budget Amendment Number 24.046 to increase both revenue and
appropriation of $740,000 to the project.
ATTACHMENTS
1.Grand Avenue OH Bridges Location Map
2.Exhibit A - Program Supplemental Agreement
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53
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-270 Agenda Date:4/10/2024
Version:1 Item #:7a.
Resolution approving Program Supplemental Agreement No.F033 with the State of California for the Grand
Avenue Bridges in association with the Bridge Preventative Maintenance Program in the amount of $592,000
with a local match in the amount of $148,000 and authorizing the City Manager to execute said agreement;and
approve Budget Amendment Number 24.046 increasing appropriation of $740,000 to the project.
WHEREAS,the Grand Avenue Bridges are comprised of two independent structures carrying westbound and
eastbound traffic each; and are located between Dubuque Avenue and East Grand Avenue; and
WHEREAS,the Local Assistance Bridge Preventative Maintenance Program (BPMP)was created to help local
agencies extend the life of their bridges by performing certain activities that have been preapproved by the
Federal Highway Administration; and
WHEREAS,the BPMP pertains to the multiple existing bridges within the City of South San Francisco
(“City”)that require preventive maintenance due to deterioration of the bridge decks,joint seals,
barriers/railings, and/or concrete surfaces; and
WHEREAS,the City is eligible to receive Federal and/or State funding for reimbursement in the amount of
$592,000 for preliminary engineering (environmental and design)services under Program Supplement
Agreement No. F033 ("Agreement") through the State of California Department of Transportation; and
WHEREAS,a Program Supplemental Agreement,attached hereto and incorporated herein as Exhibit A,must
be executed with the State of California Department of Transportation before any such federal funds can be
obtained; and
WHEREAS,the City wishes to delegate authorization to execute the Agreement and any amendments with the
California Department of Transportation to the City Manager.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby approves Program Supplemental Agreement No.F033 included herein as Exhibit A between the
City and the California Department of Transportation.
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File #:24-270 Agenda Date:4/10/2024
Version:1 Item #:7a.
BE IT FURTHER RESOLVED,that the City Council approves Budget Amendment Number 24.046 to increase
appropriation of $740,000 to the project reflecting the accepted $592,000 in Program Supplemental Agreement
funding and the appropriation of $148,000 from the Citywide Transportation Impact Fee for a local match.
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is
hereby authorized to execute Program Supplemental Agreement No.F033 in Exhibit A,and any amendments
with the California Department of Transportation on behalf of the City Council of the City of South San
Francisco,subject to approval as to form by the City Attorney,and take any other related action necessary to
further the intent of this Resolution.
*****
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F033
FOR FEDERAL-AID PROJECTS NO 04-5177F15
0423000337
February 28, 2024
04-SM-0-SSF
BRLS-5177(049)
5177
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 10/18/2017 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
Grand Ave between Gateway Blvd and Airport Blvd
Bridge painting and deck preventative maintenance 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Y001 $592,000.00
CITY OF SOUTH SAN FRANCISCO
By ________________________________By ________________________________
Title _______________________________
Date _______________________________
Attest _______________________________Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$740,000.00 $148,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$592,000.00
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03/01/2024
EXHIBIT A
56
SPECIAL COVENANTS OR REMARKS
04-SM-0-SSF
BRLS-5177(049)
1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s)
of this project prior to receiving an "Authorization to Proceed" from the STATE for that
phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be
made available by future Federal obligations will be encumbered on this PROJECT by use of
a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING
AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures
Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution of
this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumbrances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to
submit for each phase a written explanation of the absence of PROJECT activity along with
target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures
Manual.
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04-SM-0-SSF
BRLS-5177(049)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability,
color, national origin, or sex in the award and performance of any Federal-assisted contract or
in the administration of its DBE Program Implementation Agreement. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of Federal-assisted contracts. The
Administering Agency's DBE Implementation Agreement is incorporated by reference in this
Agreement. Implementation of the DBE Implementation Agreement, including but not limited
to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE Implementation Agreement, the State
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the limited
period is from the start of the fiscal year that the specific fund was appropriated within the
State Budget Act to the applicable fund Reversion Date shown on the State approved project
finance letter. Per Government Code Section 16304, all project funds not liquidated within
these periods will revert unless an executed Cooperative Work Agreement extending these
dates is requested by the ADMINISTERING AGENCY and approved by the California
Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local
Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the
lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the
Department of Finance; in order for payment to be made, the last date the District Local
Assistance Engineer can forward an invoice for payment to the Department's Local Programs
Accounting Office for reimbursable work for funds that are going to revert at the end of a
particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated
sums of project specific State and Federal funding remaining and available to fund project
work, any invoice for reimbursement involving applicable funds that is not received by the
Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed
fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by
the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering
Agency certifies that NO members of the elected board, council, or other key decision makers
are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
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2.A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures Manual and the Local
Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE
PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation
(CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise specifically waived
as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation
with invoices if requested by State. Acceptable backup documentation includes, but is not
limited to, agency's progress payment to the contractors, copies of cancelled checks showing
amounts made payable to vendors and contractors, and/or a computerized summary of
PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service
Cost Allocation Plans and related documentation are to be prepared and provided to STATE
(Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY
seeking reimbursement of indirect costs incurred within each fiscal year being claimed for
State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the
requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural
Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence
(per diem) expenses of ADMINISTERING AGENCY forces and its contractors and
subcontractors claimed for reimbursement or as local match credit shall not exceed rates
authorized to be paid rank and file STATE employees under current State Department of
Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY
are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference,
and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by
ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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04-SM-0-SSF
BRLS-5177(049)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to
determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2
CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public
Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E
services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR,
48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are
subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK
and records and ADMINISTERING AGENCY agrees, and shall require its contractors and
subcontractors to agree, to cooperate with STATE by making all appropriate and relevant
PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors,
and STATE shall each maintain and make available for inspection and audit by STATE, the
California State Auditor, or any duly authorized representative of STATE or the United States
all books, documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of administering those
various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM
SUPPLEMENT, and contract materials available at their respective offices at all reasonable
times during the entire PROJECT period and for three (3) years from the date of submission
of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and segregate
reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line
item for the PROJECT. The financial management system
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SPECIAL COVENANTS OR REMARKS
04-SM-0-SSF
BRLS-5177(049)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year
of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting
the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined
under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contracts over $10,000, or other contracts over $25,000 [excluding professional service
contracts of the type which are required to be procured in accordance with Government Code
sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be
performed under this AGREEMENT without the prior written approval of STATE. Contracts
awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the
requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3.Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the
"contractor") agrees to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the
basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as
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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or
activities" to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or
not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-327 Agenda Date:4/10/2024
Version:1 Item #:8.
Report regarding resolutions:1)approving a loan agreement between the City of South San Francisco (City)and Rotary
Plaza,Inc.for $1,076,383 for an affordable housing development at 522 Linden and approving Budget Amendment
Number 24.047;2)approving a loan agreement between the City and Rotary Plaza,Inc.for $556,789 for an affordable
housing development at 500 Linden and approving Budget Amendment Number 24.048;and 3)amending Resolution 188
-2023 authorizing the City of South San Francisco to apply to the State of California to receive and administer the City’s
entitlement of Permanent Local Housing Allocation (PLHA)funds and to enter into all required agreements to receive the
PLHA funds. (Elia Moreno, Housing Management Analyst I)
RECOMMENDATION
Staff recommends that City Council consider adopting the following resolutions:
1.A resolution approving a predevelopment loan agreement between the City of South San Francisco (City)
and Rotary Plaza,Inc.for $1,076,383 from Low/Mod-Income Housing Asset Funds (Fund 241)for the
development of approximately 65 family affordable housing units at 522 Linden and approving Budget
Amendment Number 24.047 appropriating the loan amount;
2.A resolution approving a predevelopment loan agreement between the City and Rotary Plaza,Inc.for
$556,789 from the City’s Permanent Local Housing (PLHA)2019 and 2020 allocations for the development
of approximately 80 senior affordable housing units at 500 Linden and approving Budget Amendment
Number 24.048 appropriating the loan amount; and
3.A resolution amending the City’s PLHA 5-year plan and authorizing the City Manager to execute all
necessary documents in order to commit PLHA funds to the Rotary Plaza, Inc. project.
BACKGROUND
On December 13,2023,City Council received a presentation regarding a request from Rotary Plaza,Inc.for funding to
support a newly proposed affordable housing development,Rotary Gardens,located at 500 and 522 Linden Avenue.The
two-phase development project is anticipated to include an 80-unit senior affordable housing building,and a 65-unit
family building. Unit counts are estimated based on preliminary building designs and may be adjusted slightly.
Through Resolution 187-2023,City Council committed $556,789 of the City’s 2019 and 2020 PLHA allocations to the
Rotary Gardens senior building and $1,076,383 of the City’s Housing Asset Fund to the Rotary Gardens family building.
To effectuate the City’s commitment,staff has drafted and negotiated loan agreements with Rotary Plaza,Inc.and is
returning to Council for final loan approval and formal appropriation of the funds,as well as an additional minor
amendment to the City’s PLHA 5-Year Plan at the request of the California Department of Housing and Community
Development (HCD).
DISCUSSION
Staff continue to work alongside the South San Francisco Rotary Club and Beacon Development (together the Rotary
Plaza,Inc.development team)to support the predevelopment of the project.Additionally,staff have negotiated the terms
of the predevelopment loan agreement which is now ready for Council’s consideration of approval.The form of the
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File #:24-327 Agenda Date:4/10/2024
Version:1 Item #:8.
agreements has been included as Exhibit A to the associated resolutions.
Summary of Loan Terms
Both loans have a term of 55 years from the date of the final certificate of occupancy of the building for which the loan
was granted.The interest rate is 3%.The loan will be secured by collateral (work product of the pre-development effort)
until the properties are acquired by Rotary Plaza,Inc.,at which point a Deed of Trust will be recorded against the
property.
PLHA 5-Year Plan Amendment
On December 13,2023,in addition to committing funds to the project,Council approved a resolution authorizing an
amendment to the City’s PLHA 5-Year Plan.Resolution 188-2023 allowed for staff to switch to Activity 2 -
predevelopment,development,acquisition rehabilitation,and preservation of affordable rental and ownership housing.
After further conversations with HCD staff,they recommended the City change from Activity 2 to Activity 1 -the
predevelopment,development,acquisition,rehabilitation,and preservation of multifamily,residential live-work,rental
housing that is affordable to extremely low-,very low-,low-,or moderate-income households,including necessary
operating subsidies.Activity 1 and Activity 2 both state that they include affordable rental housing,but HCD staff have
indicated their preference that this rental housing project be categorized under Activity 1.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with approving the proposed resolutions.Council’s
previous action on December 13,2023 committed State PLHA funds and Housing Asset Funds to this project;adopting
the associated resolutions simply effectuates that commitment.
CONCLUSION
Staff recommends that City Council consider adopting the following resolutions:
1.A resolution approving a predevelopment loan agreement between the City of South San Francisco (City)and
Rotary Plaza,Inc.for $1,076,383 from Low/Mod-Income Housing Asset Funds (Fund 241)for the development
of approximately 65 family affordable housing units at 522 Linden and approving Budget Amendment Number
24.047 appropriating the loan amount;
2.A resolution approving a predevelopment loan agreement between the City and Rotary Plaza,Inc.for $556,789
from the City’s PLHA 2019 and 2020 allocations for the development of approximately 80 Senior affordable
housing units at 500 Linden and approving Budget Amendment Number 24.048 appropriating the loan amount;
and
3.A resolution amending the City’s PLHA 5-Year Plan and authorizing the City Manager to execute all necessary
documents in order to commit PLHA funds to the Rotary Plaza, Inc. project.
ATTACHMENTS:
1.December 13, 2023 Staff Report and Resolutions
2.Draft PLHA Application Amendment
City of South San Francisco Printed on 4/5/2024Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-746 Agenda Date:12/13/2023
Version:1 Item #:18.
Report regarding a request from Rotary Plaza,Inc.for funding to support a newly proposed affordable housing
development,Rotary Gardens,located at 500 and 522 Linden and adoption of 1)a resolution committing
$1,633,172 to the project and 2)a resolution amending the City’s Permanent Local Housing Allocation 5-year
plan. (Danielle Thoe, Housing Manager)
RECOMMENDATION
Staff recommends that City Council receive a report regarding a request from Rotary Plaza,Inc.for
funding to support a newly proposed affordable housing development at 500 and 522 Linden and:
1)Consider adoption of a resolution committing $1,633,172 in funds set to expire within the next
fiscal year to the project fulfilling a portion of Rotary Plaza,Inc.’s request,directing staff to
negotiate loan agreements effectuating this commitment,and return to Council for final
budgetary appropriations and loan approval; and
2)Consider adoption of a resolution amending the City’s Permanent Local Housing Allocation
(PLHA)5-year plan.and authorizing the City Manager to execute all necessary documents in
order to commit PLHA funds to the Rotary Plaza, Inc. project.
BACKGROUND
In Summer 2023 the local Rotary Club approached the City to let staff know of a potential affordable housing
project that its team was working on at the Liberty Bank site on Linden Avenue,specifically 500 and 522
Linden.The Rotary Club and its development partner,Beacon Development,have continued work on that
project,tentatively named Rotary Gardens,and earlier this fall submitted an entitlement application for the first
phase of their planned two-phase development project.The first phase includes an 83-unit senior affordable
housing building,and the second phase is anticipated to include a 65-unit family building.Rotary and Beacon
have not advanced phase two design yet due to a lack of pre-development funding and project timing
constraints.Staff recommended to Rotary and Beacon that the Rotary Gardens projects would benefit from the
efficiencies of securing entitlements together and that doing so would better communicate to the surrounding
neighborhood and broader South San Francisco community that this is one development project with a cohesive
vision and management approach.
To move the two phases forward together,Rotary and Beacon require additional pre-development funding.The
development team discussed with staff potential available funds and then submitted a formal written request for
approximately $7.5 million in funding to support the development of these two buildings.Providing funding to
affordable housing projects early in their predevelopment journey shows that the City is committed to the
success of the project and provides early low-cost capital that the development team can leverage to secure
additional funding for the project.
Affordable Housing Pipeline
The proposed Rotary Plaza,Inc.project at 500 and 522 Linden is just one of several projects in the City’s
affordable housing pipeline.As Council is aware,the City has one recently delivered affordable housing
projects,ROEM’s 84-unit,scattered-site,Grand &Linden Family Apartments;one affordable housing project
under construction,For the Future Housing’s 36-unit Baden Station project;one fully entitled project seeking to
complete its financing,Bridge’s 158-unit 1051 Mission Road;and one project about to embark on theCity of South San Francisco Printed on 12/8/2023Page 1 of 4
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Version:1 Item #:18.
complete its financing,Bridge’s 158-unit 1051 Mission Road;and one project about to embark on the
entitlement process,Eden’s 201 Baden senior housing project.What these projects have in common is that they
all have committed City,County,and State funding.The only remaining affordable housing project on the
horizon is Rotary and Beacon’s planned,two-phase project on Linden Avenue,which has yet to secure funding
beyond the development team’s own equity.
Available Affordable Housing Funding
The City has three main affordable housing funds,the Low/Mod-Income Housing Asset Fund also known as
the Housing Successor Fund (Fund 241),the Commercial Linkage Fee (Fund 823),and the Housing Trust Fund
(Fund 205).The City also receives a formula entitlement grant from the State known as the Permanent Local
Housing Allocation or PLHA.The unencumbered balances of these funds,as of November 15,2023,are as
follows:
Fund Balance
Housing Trust Fund (Fund 205)$570,000
Commercial Linkage Fee Fund (Fund 823)$18,000,000
Low/Mod-Income Housing Asset Fund (Fund 241)$2,380,000
State Permanent Local Housing Allocation (PLHA) Years 1 & 2 $556,789
TOTAL HOUSING FUNDS $21,506,789
Housing Trust Fund (Fund 205)
The Housing Trust Fund is the City’s most flexible source of affordable housing funding,originating from
developer deposits and in lieu payments for inclusionary affordable housing.While flexible,it does not have a
large revenue stream and so will likely be spent down in the coming years,unless a major market rate housing
project opts to pay the inclusionary housing in lieu fee,which now stands at $424,840.11 per required
affordable unit.
Commercial Linkage Fee Fund (Fund 823)
The Commercial Linkage Fee Fund can be spent quite flexibly on projects serving households making 120%or
less of the area median income and encumbering funds within five years of receipt,in accordance with South
San Francisco Municipal Code Chapter 8.69 and State Government Code Section 66006 requires agencies to
outline the status of development impact fees.This Fund is anticipated to grow quickly once the life science
industry resumes the pace of development experienced prior to the pandemic.
Low/Mod-Income Housing Asset Fund (Fund 241)
The Housing Asset Fund,which includes funds from the City’s former Redevelopment Agency and is regulated
by State Senate Bill 341,has strict spending requirements including an excess surplus provision.Specifically,
the Housing Asset Fund may not accumulate an unencumbered cash balance that exceeds the greater of either
$1 million or the sum of deposits in the prior four fiscal years.This requirement ensures that housing
successors are actively spending available Housing Asset Funds on affordable housing.Currently,the Housing
Asset Fund has an excess surplus of $1,076,383 that must be encumbered by Fiscal Year 2024-2025.
Per HSC Section 34176(b),a maximum of 50%of deed-restricted rental housing units assisted by the Housing
Asset Fund in the previous 10 years may be restricted to seniors.Through the City’s financial support of
previous Rotary affordable housing projects at 433 Alida Way (Rotary Plaza)and 310 Miller (Rotary Terrace)
the City is unable to spend further Housing Asset Funds on senior affordable housing.Because of this,any
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the City is unable to spend further Housing Asset Funds on senior affordable housing.Because of this,any
Successor Agency funds will only be used to fund the family housing building in the Rotary development.Staff
will work with the Rotary team to develop final loan documents that will codify this separation of funds.
State Permanent Local Housing Allocation (PLHA)
Like Fund 241,the State PLHA entitlement grant also has strict spending limitations.The City began receiving
the funds in 2020 (for Fiscal Year 2018-2019)-the first of five years of the allocation.These funds must be
expended within five years of the fiscal year for which they are received (so FY 19 must be spent by FY 24).
During the July 22,2020,City Council meeting,Council approved the City’s 5-year plan for PLHA spending.
This plan,which is approved by the State Housing &Community Development Department (HCD),commits
the City to spending its first two years of PLHA funds on rental assistance (Activity 6)and the next three years
on predevelopment,development,acquisition,rehabilitation,and preservation of affordable rental and
ownership housing (Activity 2).During the November 16,2022 City Council meeting,Council approved an
amendment to the PLHA plan to appropriate all five years of the planning period on rental assistance (Activity
6).
After further conversations with HCD staff it became clear that the PLHA definition of and requirements for
providing rental assistance significantly differ from the City’s existing rental assistance program.The City’s
program serves as a response to emergency rental assistance needs which serves to meet immediate financial
needs,and is well-funded through set-aside homelessness prevention dollars within the Housing Asset Fund
(Fund 241).The PLHA program would require substantially restructuring the City’s rental assistance program
to provide at least six months of rental assistance,serving as more of a mini voucher program than a response
to urgent needs.To operate a rental assistance program under the PLHA requirements would require much more
significant administrative investment and would not allow the City to serve as many households as it is able to
via the current rental assistance program.
Given the factors of program eligibility referenced above and the requirement that the City spend PLHA funds
by April 2024 staff recommend that the most impactful and expedient way to spend these funds is through
using them as affordable housing predevelopment funding.
DISCUSSION
Anticipating the spend-down requirements of the Housing Asset Fund and PLHA,staff has been looking for
opportunities to use this $1.6 million (approximately $1 million from the Housing Asset Fund and $600,000
from PLHA)to catalyze new affordable housing development without significantly limiting the flexibility of
the project,given the regulations governing spending these funds.As discussed earlier in this report,Rotary and
Beacon have come forward with a proposed project that comes as a welcome addition to the City’s affordable
housing development pipeline,but requires local,City funds in order to better compete for leverage County and
State dollars.
Committing funding now to Rotary and Beacon will also help accelerate the design of the family project and
potentially allow for a single entitlement process for both the family project and the senior project.While
Rotary and Beacon may not build both the senior and the family projects at the same time (there are advantages
to this with construction staging and mitigating impacts to the neighborhood and surrounding streets),staff
believes it is still advantageous to entitle the buildings as one project so that the community understands that
this is one development project,with a cohesive vision and management approach.The family units are also
sorely needed in the community and so accelerating their production is in the City’s interest.
Rotary and Beacon are amendable to this approach and eager to access this $1.6 million in predevelopment
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File #:23-746 Agenda Date:12/13/2023
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Rotary and Beacon are amendable to this approach and eager to access this $1.6 million in predevelopment
funding to accelerate the entitlement of both projects so that they are more competitive for scarce County,State,
and federal sources of funding.The actions associated with this staff report would commit funds and amend the
City’s PLHA 5-Year Plan,but staff would still need to negotiate loan agreements with Rotary and Beacon and
return to Council for final approval and formal appropriation of the funds.Today’s actions are the first in a two-
step process to effectuate this City commitment.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with approving the proposed resolutions.
Approval of the resolutions will serve to approve amending City’s 5-Year Plan for PLHA and commit its first
two years,$556,789,to the Rotary Gardens senior building,as well as $1,076,383 of the City’s Housing Asset
Fund to the Rotary Gardens family building.Both of these funds have restricted uses and time-sensitive
commitment/spending deadlines within the next eight months.
Even after spending these funds the City retains nearly $20 million in unencumbered affordable housing funds,
including over $18 million in Commercial Linkage Fees.
RELATIONSHIP TO STRATEGIC PLAN
These loans assist in the creation of housing affordable to households with lower incomes,supporting the City’s
efforts to promote and preserve a balanced mix of housing options in the City.
CONCLUSION
Staff recommends that City Council receive a report regarding a request from Rotary Plaza,Inc.for funding to
support a newly proposed affordable housing development, Rotary Gardens, at 500 and 522 Linden and:
1)Consider adoption of a resolution committing $1,633,172 in funds set to expire within the next fiscal
year to the project fulfilling a portion of Rotary Plaza,Inc.’s request,directing staff to negotiate loan
agreements effectuating this commitment,and return to Council for final budgetary appropriations and
loan approval; and
2)Consider adoption of a resolution amending the City’s PLHA 5-year plan.and authorizing the City
Manager to execute all necessary documents in order to commit PLHA funds to the Rotary Plaza,Inc.
project.
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City of South San Francisco
City Council
Resolution: RES 187-2023
File Number: 23-1065
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Enactment Number: RES 187-2023
RESOLUTION COMMITTING $1,076,383 IN
LOW/MOD-INCOME HOUSING ASSET FUNDS (FUND
241) AND $556,789 IN STATE PERMANENT LOCAL
HOUSING ALLOCATION FUNDS TO THE ROTARY
GARDENS AFFORDABLE HOUSING DEVELOPMENT
PROJECT AT 500 AND 522 LINDEN AND
AUTHORIZING STAFF TO NEGOTIATE LOANS
EFFECTUATING THE COMMITMENT. (DANIELLE
THOE, HOUSING MANAGER)
WHEREAS, the local Rotary Club and its development partner, Beacon Development, have
submitted a formal written request to the City for approximately $7.5 million in funding to support a
two-phase affordable housing project at 500 and 522 Linden; and
WHEREAS, the first phase includes an 83-unit senior affordable housing building, and the second
phase is anticipated to include a 65-unit family building; and
WHEREAS, Rotary and Beacon have not advanced phase two design yet due to a lack of
pre -development funding and project timing constraints; and
WHEREAS, Rotary and Beacon's proposed project, known as Rotary Gardens, is the only
affordable housing project in the City's development pipeline that has not received a local commitment of
funds; and
WHEREAS, the City's Low/Mod-Income Housing Asset Fund (Fund 241), which includes funds
from the City's former Redevelopment Agency and is regulated by State Senate Bill 341, has an excess
surplus of $1,076,383 that must be encumbered by Fiscal Year 2024-2025; and
WHEREAS, this excess surplus may not be spent on senior housing; and
WHEREAS, the City is the recipient of a five-year State entitlement grant known as the Permanent
Local Housing Allocation (PLHA) for which the first two years of funds, collectively $556,789, must be
spent by April 1, 2023, and April 1, 2024; and
WHEREAS, providing funding to affordable housing projects early in their predevelopment
journey shows that the City is committed to the success of the project and provides early low-cost capital
that the development team can leverage to secure additional funding for the project; and
WHEREAS, the City wishes to commit these expiring funds to the Rotary Gardens project, with
1,076,383 from the Housing Asset Fund supporting the 65-unit family building and $556,789 in PLHA
funds supporting the 83-unit senior affordable housing building.
City of South San Francisco 69
File Number: 23-1065 Enactment Number: RES 187-2023
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco
that the City Council does hereby commit these expiring funds to the Rotary Gardens project, with
1,076,383 from the Housing Asset Fund (Fund 241) supporting the 65-unit family building and$556,789 in
PLHA funds (Years 1 and 2 allocation) supporting the 83-unit senior affordable.
BE IT FURTHER RESOLVED that:
1. The foregoing recitals are true and correct and incorporated herein as part of this Resolution; and
That staff are directed to negotiate loan agreements effectuating this commitment and return to
Council for final budgetary appropriations and loan approval.
At a meeting of the City Council on 12/13/2023, a motion was made by Councilmember Nicolas,
seconded by Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Coleman, Vice Mayor Flores, Councilmember Addiego,
Councimember Nagales, and Councilmember Nicolas
Attest by
sa Govea Acosta, City Clerk
City of South San Francisco 70
File Number: 23-1062
City of South San Francisco
City Council
Resolution: RES 188-2023
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Enactment Number: RES 188-2023
RESOLUTION AMENDING RESOLUTION 205-2022
AUTHORIZING THE CITY OF SOUTH SAN FRANCISCO TO
APPLY TO THE STATE OF CALIFORNIA TO RECEIVE AND
ADMINISTER THE CITY'S ENTITLEMENT OF PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) FUNDS AND TO
ENTER INTO ALL REQUIRED AGREEMENTS TO RECEIVE
THE PLHA FUNDS.
A necessary quorum and majority of the City of South San Francisco City Council hereby consents to,
adopts, and ratifies the following resolution:
WHEREAS, the State of California (the "State") Department of Housing and Community Development
Department") is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation
PLHA) Program Formula Component from the Building Homes and Job Trust Fund for assistance to Cities and
Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)); and
WHEREAS, the State of California (the "State") Department of Housing and Community Development
Department") issued a Notice of Funding Availability ("NOFA") dated May 3, 2021 under the PLHA Program; and
WHEREAS, the City of South San Francisco ("Applicant") is an eligible Local government who has
applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to
whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the South San Francisco City Council approved Resolution 94-2020 at its Regular City
Council meeting on July 22, 2020 authorizing the City to apply to the State to receive and administer the City's PLHA
entitlement program funds and to enter into all required agreements to receive the PLHA funds; and
WHEREAS, Council approved Resolution 205-2022 at its Special City Council meeting on November 16,
2022 amending its 5-Year Plan for its PLHA entitlement; and
WHEREAS, the City has seen a high need for affordable housing as evidenced by data gathered and
conclusions drawn in the City's Housing Element; and
WHEREAS, the City Council, at its December 13, 2023 Regular Meeting, wishes to amend its 5-Year Plan
to use the first two years of PLHA funds for predevelopment, development, acquisition, rehabilitation, and
preservation of affordable rental and ownership housing; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and
conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the
Department and PLHA grant recipients.
City of South San Francisco
71
File Number: 23-1062 Enactment Number: RES 188-2023
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it
hereby consents to, adopts, and ratifies the following resolution:
1. If Applicant received a grant of PLHA funds from the Department pursuant to the above referenced PLHA
NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with
all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and
laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year
estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $1,307,880 in
accordance with all applicable rules and laws.
3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in
accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent
and in compliance with the Standard Agreement and other contracts between the Applicant and the
Department.
4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant's PLHA Plan for the 2019-2023 Allocations is
attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all
public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities.
Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator but does
not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and
avoided or shall avoid any conflicts of interest.
7. Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible
Activities and consistent with all program requirements.
8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for -sale housing
projects or units within for -sale housing projects, the grantee shall record a deed restriction against the
property that will ensure compliance with one of the requirements stated in Guidelines Section
302(c)(6)(A),(B), and (C).
9. Applicant certifies that, if funds are used for the development of Affordable Rental Housing Development, the
Local government shall make PLHA assistance in the form of a low -interest, deferred loan to the Sponsor of
the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a
Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government -approved
underwriting of the Project for a term of at least 55 years.
10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA
Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
City of South San Francisco
72
File Number: 23-1062 Enactment Number: RES 188-2023
11. Sharon Ranals, City Manager, is authorized to execute the PLHA Program Application, the PLHA Standard
Agreement and any subsequent amendments or modifications thereto, as well as any other documents which
are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate:
At a meeting of the City Council on 12/13/2023, a motion was made by Councilmember Nicolas,
seconded by Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Coleman, Vice Mayor Flores, Councilmember Addiego,
Council
Lember
Nagmales,
and
Councilmember Nicolas Attest
by N Govea
Acosta, City Clerk City
of South San Francisco
73
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested
by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The
county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city
also shall be a grant or low-interest deferred loan to the affordable housing Project.
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
Included?§301(a) Eligible activities are limited to the following:
Eligible Activities, §301
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
PLHA Formula 5-year Plan - Amendment Rev. 5/7/21
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling
Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for
occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to
Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies.
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
§301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance,
supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and
the new construction, rehabilitation, and preservation of permanent and transitional housing.
§301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing.
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
PLHA Page 1 Formula Allocation Application
DR
A
F
T
74
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
The Plan is consistent with the City's Housing Element framework, including Goal 2, "Creation/Facilitation - Promote the provision and/or access of housing by both the private and public sectors for all
income groups in the community." Within this Housing Element goal are a number of specific programs and which will be supported by this Plan. Those include:
Program CRT-4.1 - Site acquisition for affordable housing.
Program CRT-4.2 - Support and pursue funding applications for affordable housing.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-
income households, including necessary Operating subsidies.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.
§302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
The allocated funds will be used for Activity 1. Specifically, the City, through a loan agreement with a highly qualified nonprofit affordable housing developer, will provide predevelopment funds to jumpstart
design and entitlement work on the project. The project is anticipated to provide 80 units of senior affordable housing, where these funds will be directed, as well as 65 units of family affordable housing.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income
(AMI).
By investing PLHA funds in predevelopment of affordable rental housing the City is directly investing in the development of affordable housing. This project will utilize LIHTC financing, which targets rents at a
maximum 80% AMI, requiring that there will be an addition of units for households at or below 60% AMI within the newly constructied project. While the income limitations allow the developer to allow for unit
restrictions to include households up to 80% AMI, the project will work to obtain other funding sources and anticipates that the vast majority of the units will be occupied by households at or below 60% AMI.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301))
The allocated funds will be used for Activity 1. The City has received a request for predevelopment funding from a nonprofit developer who has recently begun the design and entitlement process for a two-
building affordable housing project located near downtown South San Francisco. These early predevelopment funds will allow the developer to move forward more quickly with design and entitlements. This
early initial funding will also make the project more competitive in applying to other funding sources.
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area
Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to
avoid double counting).
PLHA Page 1 302(c)(4) Plan
DR
A
F
T
75
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for year 2019
& 2020 only
On April 10, 2024 South San Francisco staff will go to the City Council to receive approval to submit the amendment to the PLHA application and execute the PLHA Standard Agreement. At the Same
meeting the City Council will authorize staff to execute a predevelopment loan for an affordable rental housing project. The project is anticipated to be in predevelopment for at least the next year, with
construction anticipated to commence in 2025 and wrap up in 2027. All timelines are dependent upon securing a number of state, local, and federal funding sources in a highly competitive market.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a
growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(ii) Projected
Number of Households Served 80 80
60 60
TOTAL
120
160
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity
100.0%100.0%100.0%100.0%100.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 80%80%55%55%55%
Funding Allocation Year 2019 2020 2021 2022 2023
PLHA Page 2 302(c)(4) Plan
DR
A
F
T
76
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing
development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to
an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
§301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow
people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional
housing.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-350 Agenda Date:4/10/2024
Version:1 Item #:8a.
Resolution amending Resolution 188-2023 authorizing the City of South San Francisco to apply to the State of California
to receive and administer the City’s entitlement of Permanent Local Housing Allocation (PLHA)funds and to enter into
all required agreement to receive the PLHA funds.
A necessary quorum and majority of the City of South San Francisco City Council herby consents to,adopts and ratifies
the following resolution:
WHEREAS,the State of California (the “State”)Department of Housing and Community Development (“Department”)
is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation (PLHA)Program
Formula Component from the Building Homes and Job Trust Fund for assistance to Cities and Counties (as described in
Health and Safety Code section 50470 et seq. (Chapter 364, Statues of 2017 (SB2)); and
WHEREAS,the State of California (the “State”),Department of Housing and Community Development (“Department”)
issued a Notice of Funding Availability (“NOFA”)dated May 3,2021 under the Permanent Local Housing Allocation
(PLHA) Program; and
WHEREAS,the City of South San Francisco (“Applicant”)is an eligible Local government who has applied for program
funds to administer one or more eligible activities,or a Local or Regional Housing Trust Fund to whom an eligible Local
government delegated its PLHA formula allocation; and
WHEREAS,the South San Francisco City Council approved Resolution 94-2020 at its Regular City Council meeting on
July 22,2020 authorizing the City to apply to the State to receive and administer the City’s PLHA entitlement program
funds and to enter into all required agreements to receive the PLHA funds; and
WHEREAS,Council approved Resolution 205-2022 at its Special City Council meeting on November 16,2022
amending its 5-Year Plan for its PLHA entitlement; and
WHEREAS,Council approved Resolution 188-2023 at its Regular City Council meeting on December 13,2023
amending its 5-Year Plan for its PLHA entitlement; and
WHEREAS,the City has seen a high need for affordable housing as evidenced by data gathered and conclusions drawn in
the City’s Housing Element; and
WHEREAS,the City Council,at its April 10,2024 Regular Meeting amended the 5-Year Plan to allow staff to use the
first 2 years of PLHA funds designated for Activity 1 as described as “the predevelopment,development,acquisition,
rehabilitation,and preservation of multifamily,residential live-work,rental housing that is Affordable to Extremely low-,
Very low-, Low-, or Moderate- income households, including necessary Operating subsidies;” and
WHEREAS,the Department may approve funding allocations for PLHA Program,subject to the terms and conditions of
the Guidelines,NOFA,Program requirements,the Standard Agreement,and other contracts between the Department and
PLHA grant recipients.
City of South San Francisco Printed on 4/11/2024Page 1 of 3
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File #:24-350 Agenda Date:4/10/2024
Version:1 Item #:8a.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby consents
to, adopts, and ratifies the following resolution:
1.If Applicant received a grant of PLHA funds from the Department pursuant to the above referenced PLHA
NOFA,it represents and certifies that it will use all such funds in a manner consistent and in compliance with all
applicable state and federal statutes,rules,regulations,and laws,including without limitation all rules and laws
regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2.Applicant is hereby authorized and directed to receive a PLHA grant,in an amount not to exceed the five-year
estimate of the PLHA formula allocations,as stated in Appendix C of the current NOFA $1,307,880 in
accordance with all applicable rules and laws.
3.Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in
accordance with all Program requirements,Guidelines,other rules and laws,as well as in a manner consistent and
in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
4.Pursuant to Section 302(c)(4)of the Guidelines,Applicant’s PLHA Plan for the 2019-2023 Allocations is attached
to this resolution,and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice,
public comment, and public hearing requirements in accordance with the Guidelines.
5.Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities.Pursuant
to Guidelines Section 302(c)(3),“entity”means a housing developer or program operator but does not mean an
administering Local government to whom a Local government may delegate its PLHA allocation.
6.Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and
avoided or shall avoid any conflicts of interest.
7.Pursuant to Applicant’s certification in this resolution,the PLHA funds will be expended only for eligible
Activities and consistent with all program requirements.
8.Applicant certifies that,if funds are used for the acquisition,construction,or rehabilitation of for-sale housing
projects or units within for-sale housing projects,the grantee shall record a deed restriction against the property
that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B), and (C).
9.Applicant certifies that,if funds are used for the development of Affordable Rental Housing Development,the
Local government shall make PLHA assistance in the form of a low-interest,deferred loan to the Sponsor of the
Project,and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory
Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of
the Project for a term of at least 55 years.
10.Applicant shall be subject to the term and conditions as specified in the Standard Agreement,the PLHA Program
Guidelines and any other applicable SB 2 Guidelines published by the Department.
11.The City Manager is authorized to execute the PLHA Program Application,the PLHA Standard Agreement,and
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File #:24-350 Agenda Date:4/10/2024
Version:1 Item #:8a.
11.The City Manager is authorized to execute the PLHA Program Application,the PLHA Standard Agreement,and
any subsequent amendments or modifications thereto,as well as any other documents which are related to the
Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-351 Agenda Date:4/10/2024
Version:1 Item #:8b.
Resolution approving a predevelopment loan agreement between the City of South San Francisco and Rotary Plaza,Inc.
for $1,076,383 from the City’s Low/Mod-Income Housing Asset Fund (Fund 241)for the development of approximately
65 family affordable housing units at 522 Linden and approving Budget Amendment Number 24.047 appropriating the
loan amount.
WHEREAS,the local Rotary Club and its development partner,Beacon Development,have submitted a formal written
request to the City for approximately $7.5 million in funding to support a two-phase affordable housing project at 500 and
522 Linden; and
WHEREAS,at its December 13,2023 regular meeting,the City Council approved Resolution 187-2023 to commit funds
to the Rotary Gardens project,with $1,076,383 from the Housing Asset Fund supporting the family building and
$556,789 in PLHA funds supporting the senior affordable housing building; and
WHEREAS,to continue the process to effectuate the City’s commitment,staff has drafted and negotiated loan
agreements with Rotary Plaza,Inc.This Resolution approves and authorizes execution of the loan agreement for the
family housing project at 522 Linden and approves Budget Amendment Number 24.047 appropriating funds from the
Housing Asset Fund in the amount of the loan; and
WHEREAS, the loan is secured by an Assignment of Collateral and Deed of Trust in favor of the City; and
WHEREAS,staff recommends authorizing the negotiation and execution of a predevelopment loan agreement between
the City of South San Francisco and Rotary Plaza, Inc.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve
the Loan Agreement between Rotary Plaza,Inc.and the City of South San Francisco substantially in the form of Exhibit
A in the amount of $1,076,383 for the predevelopment of affordable housing units at 522 Linden.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the loan agreement,including any
amendments that do not increase the City’s obligations beyond those approved in this Resolution,and any other
documents necessary on behalf of the City to carry out the intent of this resolution,all subject to approval by the City
Attorney.
BE IT FURTHER RESOLVED that the City Council approves Budget Amendment Number 24.047 to appropriate
$1,076,383 in funds in the Housing Asset Fund for the predevelopment loan.
*****
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LOAN AGREEMENT
This Loan Agreement (this “Agreement”) is entered into effective as of February
21, 2024 (“Effective Date”) by and between the City of South San Francisco, a municipal
corporation (the "City") and Rotary Plaza, Inc. a California nonprofit public benefit corporation
("Borrower"). The City and Borrower are hereinafter collectively referred to as the “Parties.”
RECITALS
A. Borrower desires to purchase property located in the City of South San Francisco (“Site”)
and develop affordable housing in two separate phases. Borrower proposes to subdivide the
Site into two separate legal parcels and develop the first phase as an eighty (80)-unit senior
affordable housing building at 500 Linden Avenue (“Senior Project”), and the second phase
as a sixty-five (65)-unit affordable family housing building at 522 Linden Avenue and more
particularly described in Exhibit A attached hereto (“Property”) (“Family Project”).
B. The Redevelopment Agency of the City of South San Francisco (“Redevelopment Agency”)
was established under the provisions of the Community Redevelopment Law (California
Health and Safety Code § 33000 et seq.)
C. Effective June 30, 2011, the Governor signed into law ABx1 26 which automatically
suspended redevelopment activities, and on December 29, 2011, the California State
Supreme Court upheld the provisions of ABx1 26, thereby dissolving all redevelopment
agencies on February 1, 2012.
D. The City’s Low/ Mod-Income Housing Asset Fund (“Fund 241”), which includes funds
from the City’s former Redevelopment Agency and is regulated by State Senate Bill 341, has
an excess surplus of $1,076,386 that must be encumbered by Fiscal Year 2024-2025.
E. The City has identified a critical need for development of affordable housing as evidenced by
data gathered and conclusions drawn in the City’s Housing Element and wishes to assist in
the development of the Family Project.
F. At its December 13, 2023 Regular Meeting, the South San Francisco City Council (“City
Council”) approved Resolution 187-2023, authorizing providing Borrower with a loan in the
amount of One Million, Seventy-Six Thousand, Three Hundred and Eighty-Three Dollars
($1,076,383) using Fund 241.
G. In accordance with the terms and conditions of this Agreement and accompanying Exhibits,
the City agrees to loan to Borrower the amount of One Million, Seventy-Six Thousand,
Three Hundred and Eighty-Three Dollars ($1,076,383) (“Loan”) to defray acquisition and
the predevelopment costs associated with development of the Family Project which Loan
shall be evidenced by an accompanying Promissory Note dated as of the Effective Date and
executed by Borrower substantially in the form attached hereto as Exhibit B (“Note”)
secured by an Assignment of Collateral as set forth herein in Section 1.8 and, concurrent with
Borrower’s acquisition of the Property and/or 500 Linden Avenue, a Deed of Trust in the
form attached hereto as Exhibit C (“Deed of Trust”) and regulated by a regulatory
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agreement dated as of the Effective Date and executed by Borrower substantially in the form
attached hereto as Exhibit D (“Regulatory Agreement”).
NOW THEREFORE, in consideration of their mutual undertakings and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. THE LOAN AND DISBURSEMENT OF LOAN PROCEEDS.
1.1. Loan. The City agrees to make the Loan, and Borrower agrees to accept the same,
upon the terms and conditions and for the purposes set forth in this Agreement. The Loan shall
be evidenced by the Note. Provided that Borrower has complied with all conditions set forth in
Section 1.6, the Loan shall be disbursed in accordance with Section 1.5 hereof.
1.2. Interest; Maturity Date. Interest shall accrue on the Loan at a rate of three percent (3%)
simple interest per annum for so long as Borrower is not in default under this Agreement, the
Note, the Deed of Trust, or the Regulatory Agreement (collectively, the “Loan Obligations”).
Otherwise, the Loan shall accrue interest at the Default Rate, as set forth in the Note, until such
default is cured. The outstanding balance of the Loan and any other sums due under the Note
shall be payable in full on the fifty-fifth (55th) anniversary of the date of issuance of the last
certificate of occupancy or equivalent certification provided for the Family Project by the City’s
Building Official (the “Maturity Date”); provided, however, that if such date cannot be
established, the Maturity Date shall be the fifty-seventh (57th) anniversary of the Effective Date.
If HCD is a lender to the Family Project, at conversion to permanent financing, the Parties will
extend to the Maturity Date to match the maturity date of the HCD financing.
1.3. Termination for Infeasibility: Forgiveness. If any of the following circumstances arises,
and no Borrower Event of Default has occurred and is ongoing, Borrower may terminate this
Agreement by giving notice to the City prior to the Maturity Date, and the City shall for give all
sums due under the Note:
a. Borrower is unable to acquire the Property despite commercially reasonable efforts
due to a default by the City; or
b. Borrower does not receive additional land use, planning, environmental, or building
approvals required for the development of the Family Project, despite Borrower's
good faith efforts to obtain such approval; or
c. Borrower is unable to obtain financing necessary to construct the Family Project
despite Borrower's timely and good faith efforts to obtain such financing, that may
include but is not be limited to IlG, AHSC, MHP, tax credits, bonds, conventional
mortgages or low-income housing tax credit equity, or philanthropic sources.
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1.4. Use of Loan Proceeds. The Loan shall be used solely and exclusively to defray
acquisition and the predevelopment costs for the Family Project, consistent with the
predevelopment budget attached as Exhibit E (the “Predevelopment Budget”); provided,
however, that any Loan amounts disbursed after construction closing may be used for the
construction of the Family Project.
1.5. Disbursement of Proceeds. Upon satisfaction of the conditions set forth in Section 1.5,
and provided that Borrower has provided the City copies of third-party invoices, evidence of
Borrower’s payment for services rendered in connection with the Family Project, and such other
documentation as the City may reasonably require, the City shall promptly disburse Loan
proceeds to Borrower.
1.6. Conditions Precedent to Disbursement of Funds. The City's obligation to disburse
Loan proceeds is conditioned upon satisfaction of all of the following conditions (“Loan
Proceeds):
a. Borrower’s execution and delivery to the City of this Agreement, the Note, and
Regulatory Agreement; and
b. Borrower’s delivery to the City of both of the following: (i) a certified resolution
indicating that Borrower has authorized this transaction and that the persons
executing this Agreement on Borrower’s behalf have been duly authorized to do
so, and (ii) a certified copies of Borrower’s articles of incorporation, bylaws, and
I.R.S. tax-exemption determination letter.
c. Borrower’s presentation of an updated Predevelopment Budget, as reasonably
approved by the City, accompanied by the request disbursement amount to
provide for costs incurred to date. Requests for payment shall be made quarterly.
1.7. No Obligation to Disburse Proceeds Upon Default or Termination. Notwithstanding
any other provision of this Agreement, the City shall have no obligation to disburse any portion
of the Loan to Borrower:
a. Upon the failure of any of Borrower’s representations and warranties set forth in
this Agreement to be true and correct in all material respects;
b. Following the termination of this Agreement; or
c. During the pendency of any uncured Event of Default.
1.8. Security.
a. As security for the Loan, and as part of the consideration for entering into this
Agreement, Borrower hereby assigns its rights under the Collateral, as defined
below (the "Assignment"). The Assignment shall become effective upon the
occurrence of an Event of Default or Termination for Infeasibility. The City shall
have no obligation under the Collateral unless it expressly agrees in writing to be
bound thereby. If the Assignment shall become effective, the City may use the
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Collateral for any purposes for which Borrower could have made use of the same in
the development of the Family Project. Borrower shall cooperate with the City in
the implementation of its rights under the Assignment and shall immediately deposit
the Collateral with the City if the Assignment becomes effective. As used herein,
the term "Collateral" includes the following: all architectural designs, construction,
engineering, surveying, and consulting contracts, and any and all amendments,
modifications, supplements, addenda and general conditions thereto heretofore or
hereafter entered into by Borrower and any contractor or consultant pertaining to
development of the Family Project; all plans and specifications, surveys, shop
drawings, working drawings, reports, studies, amendments, modifications, changes,
supplements, general conditions, addenda and work product thereto heretofore or
hereafter prepared by Borrower or any contractor or consultant pertaining to
development of the Family Project; all land use approvals, conditional use permits,
building permits and other governmental entitlements and approvals of any nature
obtained for the Family Project; and all financing applications or other applications
and all other tangible documents, except those of a proprietary or confidential
nature, pertaining to development of the Family Project.
b. Deed of Trust. In addition to the Assignment, concurrent with the Borrower’s
acquisition of the Property and/or 500 Linden Avenue, South San Francisco (APN
____), the Borrower shall record and comply with the Deed of Trust in a form
provided by the City and reasonably acceptable to the Borrower. Such Deed of Trust
shall be subordinate to Borrower’s private financing for acquisition of the Property
and/or 500 Linden Avenue, South San Francisco (APN ____) and construction of
the Family Project, to any HCD documents if required by HCD’s regulations and
Guidelines, and to any other public entity that provides funding for the Family
Project in excess of the amount of the Loan.
2. NON-DISCRIMINATION; PREFERENCES.
2.1. Non-Discrimination. Borrower covenants by and for itself and its successors and assigns
that there shall be no discrimination against or segregation of a person or of a group of persons
on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Family Project or the
Property, nor shall Borrower or any person claiming under or through Borrower establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the Family Project. Deeds, leases, and contracts entered into by Borrower with
respect to the Family Project shall contain any mandatory non-discrimination language required
under the Regulatory Agreement.
2.2. Preferences. In order to ensure that there is an adequate supply of affordable housing
within the City for City residents and employees of businesses located within the City, to the
extent permitted by fair housing laws and other applicable laws, and consistent with the program
regulations for funding sources used for development of the Family Project, at initial lease up,
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Borrower shall give a preference in the Family Project to households that include at least one
member who lives or works in the City of South San Francisco. Borrower will implement any
preferences in the rental of units in the Family Project pursuant to a preference plan approved by
its lenders, investors, and the City Manager. Notwithstanding the foregoing, in the event of a
conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of
1986, as amended, or any fair housing law, the provisions of such Section 42 of fair housing law
shall control.
3. ADDITIONAL COVENANTS, REPRESENTATIONS AND WARRANTIES OF
BORROWER.
3.1. Representations. Borrower represents and warrants to the City as follows:
a. Organization of the Borrower. Borrower is a duly organized nonprofit public
benefit corporation, validly existing and in good standing under the laws of the
State of California. Borrower has all requisite power and authority to develop the
Family Project, to carry on its business as now conducted, and to execute, deliver
and perform its obligations under this Agreement and the Note. Borrower has
received a determination from the Internal Revenue Service that it is exempt
from federal tax under Section 501(c)(3) of the Internal Revenue Code of 1986 as
amended.
b. Authorization of the Loan; No Violation. The execution, delivery and
performance of this Agreement and the Note have been duly authorized by
Borrower, and this Agreement and the Note, when duly executed and delivered
will constitute the valid and binding obligations of Borrower enforceable in
accordance with their respective terms. Borrower’s execution of this Agreement
and the Note and performance thereunder will not result in a breach of or
constitute a default under any agreement, indenture or other instrument to which
Borrower is a party or by which Borrower may be bound.
c. Litigation. There are no pending or to Borrower’s knowledge, threatened actions
or proceedings before any court or administrative agency which may adversely
affect the financial condition or operation of Borrower or its ability to carry out
the obligations of Borrower under this Agreement and the Note. Borrower is not
the subject of an action under federal or state Bankruptcy Law (as defined
below).
3.2. Indemnification. Borrower shall indemnify, defend (with counsel approved by
the City), and hold the City and its elected and appointed officers, officials, employees,
contractors, agents, and representatives (all of the foregoing, collectively the “Indemnitees”)
harmless from and against any and all liabilities, losses, damages, fines, deficiencies,
penalties, claims, demands, suits, actions, causes of action, legal or administrative
proceedings, judgments, costs and expenses (including without limitation reasonable
attorneys’ fees and court costs) (all of the foregoing, collectively “Claims”) arising directly
or indirectly in any manner in connection with or resulting from, (a) any and all of
Borrower’s predevelopment and construction activities in connection with the Family
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Project, including without limitation, site investigations conducted by or for Borrower; (b)
any failure of any of Borrower’s representations or warranties set forth in this Agreement, or
made by Borrower in connection with the execution and delivery of this Agreement or in any
certificate furnished pursuant hereto, or in connection with any request for disbursement of
Loan proceeds to be correct in all material respects; (c) any contract for services entered into
between Borrower and a third party, or services provided to Borrower by a third party,
related to the Family Project; and (d) any claim, demand or cause of action, or any action or
other proceeding, whether meritorious or not, brought or asserted against any Indemnitee
which relates to or arises in connection with the Loan or any transaction contemplated
thereby. Borrower’s obligations under this Section shall survive the making and repayment
of the Loan and the expiration or termination of this Agreement. Borrower’s indemnity
obligations shall not apply to Claims arising solely as a result of the willful misconduct or
negligence of any of the Indemnitees.
3.3. Books and Records. The City shall have the right, during business hours and after
reasonable notice to Borrower, to request copies of, inspect, and copy Borrower's books and
records pertaining to the Property, the Family Project and the Loan. Borrower shall comply with
any request for such records within thirty (30) days. The City shall maintain the copies of
Borrower’s books and records in strict confidence except to the extent required to be disclosed
by applicable law.
4. DEFAULT AND REMEDIES.
4.1. Events of Default. The occurrence of any one or more of the following events shall
constitute an event of default hereunder (“Event of Default”):
a. Unless the Loan is forgiven pursuant to the terms of this Agreement, Borrower
fails to pay any amount due under the Note, and such failure continues for thirty
(30) days after the City notifies Borrower thereof in writing.
b. Any of Borrower’s representations or warranties contained in this Agreement, or
made by Borrower in connection with the execution and delivery of this
Agreement or in any certificate furnished pursuant hereto, or in connection with
any request for disbursement of Loan Proceeds, shall prove to have been
incorrect when made in any material respect.
c. Borrower fails to use Loan Proceeds in accordance with this Agreement or fails
to use Loan Proceeds in accordance with Borrower's request for disbursement.
d. Pursuant to or within the meaning of the United States Bankruptcy Code or any
other federal or state law relating to insolvency or relief of debtors ("Bankruptcy
Law"), Borrower, (i) commences a voluntary case or proceeding; (ii) consents to
the entry of an order for relief against Borrower in an involuntary case; (iii)
consents to the appointment of a trustee, receiver, assignee, liquidator or similar
official for Borrower; (iv) makes an assignment for the benefit of its creditors; or
(v) admits in writing its inability to pay its debts as they become due.
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e. A court of competent jurisdiction enters an order or decree under any Bankruptcy
Law that, (i) is for relief against Borrower in an involuntary case, (ii) appoints a
trustee, receiver, assignee, liquidator or similar official for Borrower or
substantially all of such entity’s assets, (iii) orders the liquidation of Borrower,
or (iv) issues or levies a judgment, writ, warrant of attachment or similar process
against the Property and/or 500 Linden Avenue, South San Francisco (APN
____) or the Family Project , and in each case the order or decree is not released,
vacated, dismissed or fully bonded within sixty (60) days after its issuance.
f. Borrower fails to maintain insurance as required pursuant to any of the Loan
Obligations, and Borrower fails to cure such default within thirty (30) days.
g. Borrower defaults in the performance of any term, provision, covenant or
agreement contained in the Loan Obligations, and unless a shorter cure period is
specified for such default, the default continues for thirty (30) days after the date
upon which the City shall have given written notice of the default to Borrower;
provided, however, that in the case of a nonmonetary default that is not
susceptible of cure within thirty (30) days, an Event of Default shall not arise
hereunder if Borrower commences to cure the default within thirty (30) days and
thereafter prosecutes the curing of such default to completion with due diligence
and in good faith, but in no event longer than one hundred twenty (120) days
from the receipt of notice of default.
4.2. Remedies. Upon the occurrence of an Event of Default, the City shall have the
following rights:
a. To exercise the remedies under the Deed of Trust (if applicable) and the
Assignment of Collateral pursuant to and as described in Section 1.8;
b. To seek a judicial declaration or order of specific performance;
c. In the case of an Event of Default arising under any Loan Obligation other than
this Agreement, to exercise the rights under that Loan Obligation; or
d. To terminate this Agreement.
Notwithstanding the forgoing, the loan is non-recourse to Borrower. Each of the remedies
provided herein is cumulative and not exclusive of, and shall not prejudice, any other remedy
provided herein or in the Note. The City may exercise any rights and remedies available at law
or in equity, in addition to, and not in lieu of, any rights and remedies expressly granted in this
Agreement; provided, however, that Borrower's obligation to repay the Loan shall be secured by
the Assignment (and following the acquisition the Deed of Trust) without recourse to Borrower.
5. MISCELLANEOUS.
5.1. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective successors and assigns. Notwithstanding the foregoing, the
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City's obligation to make the Loan is personal to Borrower, and shall not be assignable by
operation of law or otherwise absent the express written consent of the City, and any such
prohibited assignment by operation of law or otherwise shall be void. The City shall not
unreasonably delay, condition, or withhold its consent to an assignment of this Agreement by
Borrower to a tax credit limited partnership in which Borrower or an affiliate of Borrower is a
general partner.
5.2. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this
Agreement shall be made in writing, and sent to the Parties at their respective addresses specified
below or to such other address as a Party may designate by written notice delivered to the other
Party in accordance with this Section. All such notices shall be sent by:
a. personal delivery, in which case notice is effective upon delivery;
b. certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
c. nationally recognized overnight courier, with charges prepaid or charged to the
sender’s account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service;
d. electronic mail, in which case notice shall be deemed delivered upon transmittal,
provided that, (i) a duplicate copy of the notice is promptly delivered by first-
class or certified mail or by overnight delivery (in which case notice shall be
deemed given two business days after the duplicate is deposited in the mail), or
(ii) receipt is voluntarily acknowledged by the Party to be noticed (in which case
notice shall be deemed given when acknowledged.
CITY:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attention: City Manager
BORROWER:
Rotary Plaza, Inc.
433 Alida WaySouth San Francisco, CA 94080 Attn: Bruce Wright
5.3. Waiver, Modification and Amendment. No failure or delay on the part of the City in
exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any such right, power, or remedy preclude any other or further
exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification
or waiver of any provision of this Agreement, nor any consent to any departure by Borrower
therefrom, shall in any event be effective unless the same shall be in writing, and then such
waiver or consent shall be effective only in the specific instance and for the specific purpose for
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which given. No notice to or demand on Borrower in any case shall entitle Borrower to any
other or further notice or demand in similar or other circumstances unless expressly provided
herein or by law. No amendment to or modification of this Agreement shall be effective unless
and until such amendment or modification is in writing, properly approved in accordance with
applicable procedures, and executed by the Parties.
5.4. Further Assurances. The Parties shall execute, acknowledge and deliver to the other
such other documents and instruments, and take such other actions, as either shall reasonably
request as may be necessary to carry out the intent of this Agreement.
5.5. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish
the Parties as partners, co-venturers, or principal and agent with one another.
5.6. Action by the City. Except as may be otherwise specifically provided herein, whenever
any approval, notice, direction, consent or request by the City is required or permitted under this
Agreement, such action shall be in writing, and such action may be given, made or taken by the
City Manager or by any person who shall have been designated by the City Manager, without
further approval by the City Council unless the City Manager determines in his or her discretion
that such action requires such approval.
5.7. Non-Liability of City and City Officials, Employees and Agents. No member, official,
employee or agent of the City shall be personally liable to Borrower, or any successor in interest,
in the event of any default or breach by the City, or for any amount of money which may become
due to Borrower or its successor or for any obligation of the City under this Agreement.
5.8. No Third Party Beneficiaries. There shall be no third party beneficiaries to this
Agreement.
5.9. Captions; Construction. The headings of the sections and paragraphs of this Agreement
have been inserted for convenience only and shall not be used to construe this Agreement. The
language of this Agreement shall be construed as a whole according to its fair meaning and
consistent with the purposes for which the Parties entered into this Agreement, and not strictly
for or against any Party. Time is of the essence in the performance of this Agreement.
5.10. Governing Law; Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California without regard to principles of conflicts of
law. The Parties consent to the jurisdiction of any federal or state court in the jurisdiction in
which the Property is located (the “Property Jurisdiction”). Borrower agrees that any
controversy arising under or in relation to this Agreement shall be litigated exclusively in courts
having jurisdiction in the Property Jurisdiction. Borrower irrevocably consents to service,
jurisdiction, and venue of such courts for any such litigation and waives any other venue to
which it might be entitled by virtue of domicile, habitual residence or otherwise.
5.11. Attorneys' Fees. In the event any legal action is commenced to interpret or to enforce
the terms of this Agreement or to collect damages as a result of any breach thereof, the Party
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prevailing in any such action shall be entitled to recover against the other Party all reasonable
attorneys’ fees and costs incurred in such action.
5.12. Severability. If any term of this Agreement is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force
and effect unless the rights and obligations of the Parties are materially altered or abridged by
such invalidation, voiding or unenforceability.
5.13. Entire Agreement; Exhibits. The Loan Obligations, contain the entire agreement
between the Parties with respect to the subject matter hereof. This Agreement supersedes all
prior oral or written agreements between the Parties with respect thereto. Exhibits attached
hereto are incorporated herein by this reference.
5.14. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one and the same instrument.
5.15. Electronic Sjgnature. The Parties may deliver executed copies of this Agreement to
each other by electronic mail (including pdf or any electronic signature complying with the U.S.
federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any
such signature delivered shall be deemed to have been duly and validly delivered and be valid
and effective for all purposes. No party may raise the use of any image transmission device or
method or the fact that any signature was transmitted as an image as a defense to the
enforcement of this Agreement.
SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, the Parties have executed this Loan Agreement as of the date first
written above.
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
By: _______________________________
Name: _______________________________
City Manager
ATTEST:
By: ___________________________
City Clerk
APPROVED AS TO FORM:
By: ___________________________
City Attorney
BORROWER:
ROTARY PLAZA, INC.
a California nonprofit public benefit corporation
By: _______________________________
Name: _______________________________
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EXHIBIT A
Legal Description of Property
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EXHIBIT B
Form of Promissory Note
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EXHIBIT C
Form of Deed of Trust
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EXHIBIT D
Form of Regulatory Agreement
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EXHIBIT E
Predevelopment Budget
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-353 Agenda Date:4/10/2024
Version:1 Item #:8c.
Resolution approving a predevelopment loan agreement between the City of South San Francisco and Rotary Plaza,Inc.
for $556,789 from the City’s Permanent Local Housing (PLHA)2019 and 2020 allocations for the development of
approximately 80 Senior affordable housing units at 500 Linden and approving Budget Amendment Number 24.048
appropriating the loan amount.
WHEREAS,the local Rotary Club and its development partner,Beacon Development,have submitted a formal written
request to the City for approximately $7.5 million in funding to support a two-phase affordable housing project at 500 and
522 Linden; and
WHEREAS,at its regular meeting on December 13,2023,City Council approved Resolution 187-2023 to commit funds
to the Rotary Gardens project,with $1,076,383 from the Housing Asset Fund supporting the family building and
$556,789 in PLHA funds supporting the senior affordable housing building; and
WHEREAS,to continue the process to effectuate the City’s commitment,staff has drafted and negotiated loan
agreements with Rotary Plaza,Inc.This Resolution approves and authorizes execution of the loan agreement for the
senior housing project at 500 Linden and approves Budget Amendment Number 24.048 appropriating PLHA funds in the
amount of the loan.The City has not yet received $338,809 in PLHA funding awarded.Consistent with the terms of the
loan agreement, the City will disburse those funds until received; and
WHEREAS, the loan is secured by an Assignment of Collateral and Deed of Trust in favor of the City; and
WHEREAS,staff recommends authorizing the negotiation and execution of a predevelopment loan agreement between
the City of South San Francisco and Rotary Plaza, Inc.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve
the Loan Agreement between Rotary Plaza,Inc.and the City of South San Francisco substantially in the form of Exhibit
A in the amount of $556,789 for the predevelopment of affordable housing units at 500 Linden.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the loan agreement,including any
amendments that do not increase the City’s obligations beyond those approved in this Resolution,and any other
documents necessary on behalf of the City to carry out the intent of this resolution,all subject to approval by the City
Attorney.
BE IT FURTHER RESOLVED that the City Council approves Budget Amendment Number 24.048 to appropriate
$556,789 in PLHA for the predevelopment loan,$338,809 of which will only be disbursed by the City after they have
been received.
*****
City of South San Francisco Printed on 4/11/2024Page 1 of 1
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LOAN AGREEMENT
This Loan Agreement (this “Agreement”) is entered into effective as of February 21,
2024 (“Effective Date”) by and between the City of South San Francisco, a municipal
corporation (the "City") and Rotary Plaza, Inc. a California nonprofit public benefit corporation
("Borrower") . The City and Borrower are hereinafter collectively referred to as the “Parties.”
RECITALS
A. Borrower desires to purchase property located in the City of South San Francisco (“Site”)
and develop affordable housing in two separate phases. Borrower proposes to subdivide the
Site into two separate legal parcels and develop the first phase as an eighty (80)-unit senior
affordable housing building at 500 Linden Avenue and more particularly described in Exhibit
A attached hereto (“Property”) (“Senior Project”), and the second phase as a sixty-five
(65)-unit affordable family housing building at 522 Linden Avenue (“Family Project”).
B. The State of California Department of Housing and Community Development ("HCD") is
authorized to provide funding to eligible cities and counties under the SB 2 Permanent Local
Housing Allocation (“PLHA”) Program Formula Component from the Building Homes and
Job Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364,
Statutes of 2017 (SB2)) (“Program”). The City is a recipient of PLHA funds awarded to
administer one or more eligible activities, and may approve funding allocations of PLHA
funds subject to the terms and conditions of the PLHA Guidelines and Program requirements,
the PLHA Program Formula Component Notice of Funding Availability, and the HCD
Standard Agreement to subrecipients.
C. Pursuant to PLHA Guidelines Section 302(c)(3), PLHA fund recipients shall provide some or
all its allocated PLHA funds to another entity or entities to be used for eligible activities
consistent with all Program requirements.
D. The South San Francisco City Council (“City Council”) approved Resolution 94-2020 at its
regular City Council meeting on July 22, 2020 authorizing the City to apply to the State to
receive and administer the City’s allocation of PLHA Program funds and to enter into all
required agreements to receive the PLHA funds. At its December 13, 2023 regular meeting,
the City Council approved Resolution 188-2023, amending its 5-Year Plan to allow the first
two years’ allocation of PLHA funds for predevelopment, development, acquisition,
rehabilitation, and preservation of affordable rental and ownership housing.
E. Pursuant to Resolution 94-2020, the City has been allocated a total of Five Hundred and
Fifty-Six Thousand, Seven Hundred and Eighty-Nine Dollars ($556,789) for both its 2019
and 2020 PLHA Program fund allocations. As of the Effective Date, the City has received its
2019 allocation of PLHA Program Funds equaling Two Hundred and Seventeen Thousand,
Nine Hundred and Eighty Dollars ($217,980). The City has been allocated 2020 PLHA
Program fund in the amount of Three Hundred and Thirty-Eight Thousand, Eight Hundred
and Nine Dollars ($338,809).
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F. To assist in the predevelopment of the Senior Project, the City Council further authorized
providing Borrower with a loan in the amount of Five Hundred and Fifty-Six Thousand,
Seven Hundred and Eighty-Nine Dollars ($556,789) using PLHA funds received by the City
on December 13, 2023 through Resolution No. 188-2023.
G. Where PLHA funds are used for the acquisition, construction or rehabilitation of affordable
rental housing, the subrecipient is required record a deed restriction against the property to
ensure compliance with PLHA Program Guidelines Section 302(c)( 7). The Guidelines
further require that the City make PLHA assistance available in the form of a low-interest,
deferred loan to an eligible subrecipient evidenced through a promissory note secured by an
Assignment of Collateral as set forth herein in Section 1.8and, concurrent with Borrower’s
acquisition of the Property and/or 500 Linden Avenue, a deed of trust, and restricted by a
regulatory agreement regulating the occupancy and rents in accordance with a local
government approved underwriting of the Senior Project for a term of at least 55 years.
H. In accordance with the terms and conditions of this Agreement and accompanying Exhibits,
the City agrees to loan to Borrower the amount of Five Hundred and Fifty-Six Thousand,
Seven Hundred and Eighty-Nine Dollars ($556,789) (“Loan”) to defray acquisition and the
predevelopment costs associated with development of the Senior Project which Loan shall
be evidenced by an accompanying Promissory Note dated as of the Effective Date and
executed by Borrower substantially in the form attached hereto as Exhibit B (“Note”)
secured by an Assignment of Collateral as set forth herein in Section 1.8 and, concurrent with
Borrower’s acquisition of the Property and/or 500 Linden Avenue, a Deed of Trust in the
form attached hereto as Exhibit C (“Deed of Trust”) and regulated by a regulatory
agreement dated as of the Effective Date and executed by Borrower substantially in the form
attached hereto as Exhibit D (“Regulatory Agreement”).
NOW THEREFORE, in consideration of their mutual undertakings and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. THE LOAN AND DISBURSEMENT OF LOAN PROCEEDS.
1.1. Loan. The City agrees to make the Loan, and Borrower agrees to accept the same,
upon the terms and conditions and for the purposes set forth in this Agreement. The Loan shall
be evidenced by the Note. Provided that Borrower has complied with all conditions set forth in
Section 1.6, the Loan shall be disbursed in accordance with Section 1.5 hereof.
1.2. Interest; Maturity Date. Interest shall accrue on the Loan at a rate of three percent (3%)
simple interest per annum for so long as Borrower is not in default under this Agreement, the
Note, the Deed of Trust, or the Regulatory Agreement (collectively, the “Loan Obligations”).
Otherwise, the Loan shall accrue interest at the Default Rate, as set forth in the Note, until such
default is cured. The outstanding balance of the Loan and any other sums due under the Note
shall be payable in full on the fifty-fifth (55th) anniversary of the date of issuance of the last
certificate of occupancy or equivalent certification provided for the Senior Project by the City’s
Building Official (the “Maturity Date”); provided, however, that if such date cannot be
established, the Maturity Date shall be the fifty-seventh (57th) anniversary of the Effective Date.
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If “HCD is a lender to the Senior Project, at conversion to permanent financing, the Parties will
extend to the Maturity Date to match the maturity date of the HCD financing.
1.3. Termination for Infeasibility: Forgiveness. If any of the following circumstances arises,
and no Borrower Event of Default has occurred and is ongoing, Borrower may terminate this
Agreement by giving notice to the City prior to the Maturity Date, and the City shall forgive all
sums due under the Note:
a. Borrower is unable to acquire the Property despite commercially reasonable efforts
due to a default by the City; or
b. Borrower does not receive additional land use, planning, environmental, or building
approvals required for the development of the Senior Project, despite Borrower's
good faith efforts to obtain such approval; or
c. Borrower is unable to obtain financing necessary to construct the Senior Project
despite Borrower's timely and good faith efforts to obtain such financing, that may
include but is not be limited to IlG, AHSC, MHP, tax credits, bonds, conventional
mortgages or low-income housing tax credit equity, or philanthropic sources.
1.4. Use of Loan Proceeds. The Loan shall be used solely and exclusively to defray
acquisition and the predevelopment costs for the Senior Project, consistent with the
predevelopment budget attached as Exhibit E (the “Predevelopment Budget”); provided,
however, that any Loan amounts disbursed after construction closing may be used for the
construction of the Senior Project.
1.5. Disbursement of Proceeds. Upon satisfaction of the conditions set forth in Section 1.5,
and provided that Borrower has provided the City copies of third-party invoices, evidence of
Borrower’s payment for services rendered in connection with the Senior Project, and such other
documentation as the City may reasonably require, the City shall promptly disburse Loan
Proceeds to Borrower.
1.6. Conditions Precedent to Disbursement of Funds. The City's obligation to disburse
Loan proceeds is conditioned upon satisfaction of all of the following conditions (“Loan
Proceeds”):
a. City’s receipt of its 2020 PLHA Program fund allocation of Three Hundred and
Thirty-Eight Thousand, Eight Hundred and Nine Dollars ($338,809); and
b. Borrower’s execution and delivery to the City of this Agreement, the Note, and
Regulatory Agreement; and
c. Borrower’s delivery to the City of both of the following: (i) a certified resolution
indicating that Borrower has authorized this transaction and that the persons
executing this Agreement on Borrower’s behalf have been duly authorized to do
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so, and (ii) a certified copies of Borrower’s articles of incorporation, bylaws, and
I.R.S. tax-exemption determination letter.
d. Borrower’s presentation of an updated Predevelopment Budget, as reasonably
approved by the City, accompanied by the request disbursement amount to
provide for costs incurred to date. Requests for payment shall be made quarterly.
1.7. No Obligation to Disburse Proceeds Upon Failure to Receive 2020 PLHA Allocation,
Default or Termination. Notwithstanding any other provision of this Agreement, the City shall
have no obligation to disburse any portion of the Loan Proceeds to Borrower:
a. Upon the failure of City to receive its 2020 PLHA Program fund allocation of
Three Hundred and Thirty-Eight Thousand, Eight Hundred and Nine Dollars
($338,809);
b. Upon the failure of any of Borrower’s representations and warranties set forth in
this Agreement to be true and correct in all material respects;
c. Following the termination of this Agreement; or
d. During the pendency of any uncured Event of Default.
1.8. Security.
a. As security for the Loan, and as part of the consideration for entering into this
Agreement, Borrower hereby assigns its rights under the Collateral, as defined
below (the "Assignment"). The Assignment shall become effective upon the
occurrence of an Event of Default or Termination for Infeasibility. The City shall
have no obligation under the Collateral unless it expressly agrees in writing to be
bound thereby. If the Assignment shall become effective, the City may use the
Collateral for any purposes for which Borrower could have made use of the same in
the development of the Senior Project. Borrower shall cooperate with the City in
the implementation of its rights under the Assignment and shall immediately deposit
the Collateral with the City if the Assignment becomes effective. As used herein,
the term "Collateral" includes the following: all architectural designs, construction,
engineering, surveying, and consulting contracts, and any and all amendments,
modifications, supplements, addenda and general conditions thereto heretofore or
hereafter entered into by Borrower and any contractor or consultant pertaining to
development of the Senior Project; all plans and specifications, surveys, shop
drawings, working drawings, reports, studies, amendments, modifications, changes,
supplements, general conditions, addenda and work product thereto heretofore or
hereafter prepared by Borrower or any contractor or consultant pertaining to
development of the Senior Project; all land use approvals, conditional use permits,
building permits and other governmental entitlements and approvals of any nature
obtained for the Senior Project; and all financing applications or other applications
and all other tangible documents, except those of a proprietary or confidential
nature, pertaining to development of the Senior Project.
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b. Deed of Trust. In addition to the Assignment, concurrent with the Borrower’s
acquisition of the Property and/or 522 Linden Avenue, South San Francisco (APN
____), the Borrower shall record and comply with the Deed of Trust in a form
provided by the City and reasonably acceptable to the Borrower. Such Deed of Trust
shall be subordinate to Borrower’s private financing for acquisition of the Property
and/or 522 Linden Avenue, South San Francisco (APN ____) and construction of
the Senior Project, to any HCD documents if required by HCD’s regulations and
Guidelines, and to any other public entity that provides funding for the Senior
Project in excess of the amount of the Loan.
2. NON-DISCRIMINATION; PREFERENCES.
2.1. Non-Discrimination. Borrower covenants by and for itself and its successors and assigns
that there shall be no discrimination against or segregation of a person or of a group of persons
on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Senior Project or the
Property, nor shall Borrower or any person claiming under or through Borrower establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the Senior Project. Deeds, leases, and contracts entered into by Borrower with
respect to the Senior Project shall contain any mandatory non-discrimination language required
under the Regulatory Agreement.
2.2. Preferences. In order to ensure that there is an adequate supply of affordable housing
within the City for City residents and employees of businesses located within the City, to the
extent permitted by fair housing laws and other applicable laws, and consistent with the program
regulations for funding sources used for development of the Senior Project, at initial lease up,
Borrower shall give a preference in the Senior Project to households that include at least one
member who lives or works in the City of South San Francisco. Borrower will implement any
preferences in the rental of units in the Senior Project pursuant to a preference plan approved by
its lenders, investors, and the City Manager. Notwithstanding the foregoing, in the event of a
conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of
1986, as amended, or any fair housing law, the provisions of such Section 42 of fair housing law
shall control.
3. ADDITIONAL COVENANTS, REPRESENTATIONS AND WARRANTIES OF
BORROWER.
3.1. Representations. Borrower represents and warrants to the City as follows:
a. Organization of the Borrower. Borrower is a duly organized nonprofit public
benefit corporation, validly existing and in good standing under the laws of the
State of California. Borrower has all requisite power and authority to develop the
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Senior Project, to carry on its business as now conducted, and to execute, deliver
and perform its obligations under this Agreement and the Note. Borrower has
received a determination from the Internal Revenue Service that it is exempt
from federal tax under Section 501I(3) of the Internal Revenue Code of 1986 as
amended.
b. Authorization of the Loan; No Violation. The execution, delivery and
performance of this Agreement and the Note have been duly authorized by
Borrower, and this Agreement and the Note, when duly executed and delivered
will constitute the valid and binding obligations of Borrower enforceable in
accordance with their respective terms. Borrower’s execution of this Agreement
and the Note and performance thereunder will not result in a breach of or
constitute a default under any agreement, indenture or other instrument to which
Borrower is a party or by which Borrower may be bound.
c. Litigation. There are no pending or to Borrower’s knowledge, threatened actions
or proceedings before any court or administrative agency which may adversely
affect the financial condition or operation of Borrower or its ability to carry out
the obligations of Borrower under this Agreement and the Note. Borrower is not
the subject of an action under federal or state Bankruptcy Law (as defined
below).
3.2. Indemnification. Borrower shall indemnify, defend (with counsel approved by the
City), and hold the City and its elected and appointed officers, officials, employees, contractors,
agents, and representatives (all of the foregoing, collectively the “Indemnitees”) harmless from
and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims,
demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs
and expenses (including without limitation reasonable attorneys’ fees and court costs) (all of the
foregoing, collectively “Claims”) arising directly or indirectly in any manner in connection with
or resulting from, (a) any and all of Borrower’s predevelopment and construction activities in
connection with the Senior Project, including without limitation, site investigations conducted by
or for Borrower; (b) any failure of any of Borrower’s representations or warranties set forth in
this Agreement, or made by Borrower in connection with the execution and delivery of this
Agreement or in any certificate furnished pursuant hereto, or in connection with any request for
disbursement of Loan proceeds to be correct in all material respects; (c) any contract for services
entered into between Borrower and a third party, or services provided to Borrower by a third
party, related to the Senior Project; and (d) any claim, demand or cause of action, or any action
or other proceeding, whether meritorious or not, brought or asserted against any Indemnitee
which relates to or arises in connection with the Loan or any transaction contemplated thereby.
Borrower’s obligations under this Section shall survive the making and repayment of the Loan
and the expiration or termination of this Agreement. Borrower’s indemnity obligations shall not
apply to Claims arising solely as a result of the willful misconduct or negligence of any of the
Indemnitees.
Books and Records. The City shall have the right, during business hours and after
reasonable written notice to Borrower, to request copies of, inspect, and copy Borrower’s
books and records pertaining to the Property, the Senior Project and the Loan. Borrower
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shall comply with any request for such records within thirty (30) days. The City shall
maintain the copies of Borrower’s books and records in strict confidence except to the
extent required to be disclosed by applicable law..
4. DEFAULT AND REMEDIES.
4.1. Events of Default. The occurrence of any one or more of the following events shall
constitute an event of default hereunder (“Event of Default”):
a. Unless the Loan is forgiven pursuant to the terms of this Agreement, Borrower
fails to pay any amount due under the Note, and such failure continues for thirty
(30) days after the City notifies Borrower thereof in writing.
b. Any of Borrower’s representations or warranties contained in this Agreement or
made by Borrower in connection with the execution and delivery of this
Agreement or in any certificate furnished pursuant hereto, or in connection with
any request for disbursement of Loan Proceeds, shall prove to have been
incorrect when made in any material respect.
c. Borrower fails to use Loan Proceeds in accordance with this Agreement or fails
to use Loan Proceeds in accordance with Borrower’s request for disbursement.
d. Pursuant to or within the meaning of the United States Bankruptcy Code or any
other federal or state law relating to insolvency or relief of debtor“ ("Bankruptcy
Law"), Borrower, (i) commences a voluntary case or proceeding; (ii) consents to
the entry of an order for relief against Borrower in an involuntary case; (iii)
consents to the appointment of a trustee, receiver, assignee, liquidator or similar
official for Borrower; (iv) makes an assignment for the benefit of its creditors; or
(v) admits in writing its inability to pay its debts as they become due.
e. A court of competent jurisdiction enters an order or decree under any Bankruptcy
Law that, (i) is for relief against Borrower in an involuntary case, (ii) appoints a
trustee, receiver, assignee, liquidator or similar official for Borrower or
substantially all of such entity’s assets, (iii) orders the liquidation of Borrower,
or (iv) issues or levies a judgment, writ, warrant of attachment or similar process
against the Property and/or 522 Linden Avenue, South San Francisco (APN
____) or the Senior Project, and in each case the order or decree is not released,
vacated, dismissed or fully bonded within sixty (60) days after its issuance.
f. Borrower fails to maintain insurance as required pursuant to any of the Loan
Obligations, and Borrower fails to cure such default within thirty (30) days.
g. Borrower defaults in the performance of any term, provision, covenant or
agreement contained in the Loan Obligations, and unless a shorter cure period is
specified for such default, the default continues for thirty (30) days after the date
upon which the City shall have given written notice of the default to Borrower;
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provided, however, that in the case of a nonmonetary default that is not
susceptible of cure within thirty (30) days, an Event of Default shall not arise
hereunder if Borrower commences to cure the default within thirty (30) days and
thereafter prosecutes the curing of such default to completion with due diligence
and in good faith, but in no event longer than one hundred twenty (120) days
from the receipt of notice of default.
4.2. Remedies. Upon the occurrence of an Event of Default, the City shall have the
following rights:
a. To exercise the remedies under the Deed of Trust (if applicable) and the
Assignment of Collateral pursuant to and as described in Section 1.8.
b. To seek a judicial declaration or order of specific performance.
c. In the case of an Event of Default arising under any Loan Obligation other than
this Agreement, to exercise the rights under that Loan Obligation; or
d. To terminate this Agreement.
Notwithstanding the forgoing, the Loan is non-recourse to Borrower. Each of the remedies
provided herein is cumulative and not exclusive of, and shall not prejudice, any other remedy
provided herein or in the Note. The City may exercise any rights and remedies available at law
or in equity, in addition to, and not in lieu of, any rights and remedies expressly granted in this
Agreement; provided, however, that Borrower's obligation to repay the Loan shall be secured by
the Assignment (and following the acquisition the Deed of Trust) without recourse to Borrower.
5. MISCELLANEOUS.
5.1. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective successors and assigns. Notwithstanding the foregoing, the
City's obligation to make the Loan is personal to Borrower and shall not be assignable by
operation of law or otherwise absent the express written consent of the City, and any such
prohibited assignment by operation of law or otherwise shall be void. The City shall not
unreasonably delay, condition, or withhold its consent to an assignment of this Agreement by
Borrower to a tax credit limited partnership in which Borrower or an affiliate of Borrower is a
general partner.
5.2. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this
Agreement shall be made in writing and sent to the Parties at their respective addresses specified
below or to such other address as a Party may designate by written notice delivered to the other
Party in accordance with this Section. All such notices shall be sent by:
a. personal delivery, in which case notice is effective upon delivery;
b. certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
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c. nationally recognized overnight courier, with charges prepaid or charged to the
sender’s account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service;
d. electronic mail, in which case notice shall be deemed delivered upon transmittal,
provided that, (i) a duplicate copy of the notice is promptly delivered by first-
class or certified mail or by overnight delivery (in which case notice shall be
deemed given two business days after the duplicate is deposited in the mail), or
(ii) receipt is voluntarily acknowledged by the Party to be noticed (in which case
notice shall be deemed given when acknowledged.
CITY:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attention: City Manager
BORROWER:
Rotary Plaza, Inc.
300 E. Alida Way
South San Francisco, CA 94080
Attn: Bruce Wright
5.3. Waiver, Modification and Amendment. No failure or delay on the part of the City in
exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any such right, power, or remedy preclude any other or further
exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification
or waiver of any provision of this Agreement, nor any consent to any departure by Borrower
therefrom, shall in any event be effective unless the same shall be in writing, and then such
waiver or consent shall be effective only in the specific instance and for the specific purpose for
which given. No notice to or demand on Borrower in any case shall entitle Borrower to any
other or further notice or demand in similar or other circumstances unless expressly provided
herein or by law. No amendment to or modification of this Agreement shall be effective unless
and until such amendment or modification is in writing, properly approved in accordance with
applicable procedures, and executed by the Parties.
5.4. Further Assurances. The Parties shall execute, acknowledge and deliver to the other
such other documents and instruments, and take such other actions, as either shall reasonably
request as may be necessary to carry out the intent of this Agreement.
5.5. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish
the Parties as partners, co-venturers, or principal and agent with one another.
5.6. Action by the City. Except as may be otherwise specifically provided herein, whenever
any approval, notice, direction, consent or request by the City is required or permitted under this
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Agreement, such action shall be in writing, and such action may be given, made or taken by the
City Manager or by any person who shall have been designated by the City Manager, without
further approval by the City Council unless the City Manager determines in his or her discretion
that such action requires such approval.
5.7. Non-Liability of City and City Officials, Employees and Agents. No member, official,
employee or agent of the City shall be personally liable to Borrower, or any successor in interest,
in the event of any default or breach by the City, or for any amount of money which may become
due to Borrower or its successor or for any obligation of the City under this Agreement.
5.8. No Third Party Beneficiaries. There shall be no third party beneficiaries to this
Agreement.
5.9. Captions; Construction. The headings of the sections and paragraphs of this Agreement
have been inserted for convenience only and shall not be used to construe this Agreement. The
language of this Agreement shall be construed as a whole according to its fair meaning and
consistent with the purposes for which the Parties entered into this Agreement, and not strictly
for or against any Party. Time is of the essence in the performance of this Agreement.
5.10. Governing Law; Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California without regard to principles of conflicts of
law. The Parties consent to the jurisdiction of any federal or state court in the jurisdiction in
which the Property is located (the “Property Jurisdiction”). Borrower agrees that any
controversy arising under or in relation to this Agreement shall be litigated exclusively in courts
having jurisdiction in the Property Jurisdiction. Borrower irrevocably consents to service,
jurisdiction, and venue of such courts for any such litigation and waives any other venue to
which it might be entitled by virtue of domicile, habitual residence or otherwise.
5.11. Attorneys' Fees. In the event any legal action is commenced to interpret or to enforce
the terms of this Agreement or to collect damages as a result of any breach thereof, the Party
prevailing in any such action shall be entitled to recover against the other Party all reasonable
attorneys’ fees and costs incurred in such action.
5.12. Severability. If any term of this Agreement is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force
and effect unless the rights and obligations of the Parties are materially altered or abridged by
such invalidation, voiding or unenforceability.
5.13. Entire Agreement; Exhibits. The Loan Obligations contain the entire agreement
between the Parties with respect to the subject matter hereof. This Agreement supersedes all
prior oral or written agreements between the Parties with respect thereto. Exhibits attached
hereto are incorporated herein by this reference.
5.14. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one and the same instrument.
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5.15. Electronic Sjgnature. The Parties may deliver executed copies of this Agreement
to each other by electronic mail (including pdf or any electronic signature complying with the
U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and
any such signature delivered shall be deemed to have been duly and validly delivered and be
valid and effective for all purposes. No party may raise the use of any image transmission device
or method or the fact that any signature was transmitted as an image as a defense to the
enforcement of this Agreement.
SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, the Parties have executed this Loan Agreement as of the date first
written above.
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
By: _______________________________
Name: _______________________________
City Manager
ATTEST:
By: ___________________________
City Clerk
APPROVED AS TO FORM:
By: ___________________________
City Attorney
BORROWER:
ROTARY PLAZA, INC.
a California nonprofit public benefit corporation
By: _______________________________
Name: _______________________________
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A–1
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EXHIBIT A
Legal Description of Property
111
B–1
144\324\2797026.2
EXHIBIT B
Form of Promissory Note
112
B–2
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EXHIBIT C
Form of Deed of Trust
113
B–3
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EXHIBIT D
Form of Regulatory Agreement
114
B–4
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EXHIBIT E
Predevelopment Budget
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Agenda Item 8. 24-327 Report regarding resolutions: 1) approving a loan agreement between the City of South San Francisco (City) and Rotary Plaza, Inc. for $1,076,383 for an affordable housing development at 522 Linden and approving Budget Amendment Number 24.047; 2) approving a loan agreement between the City and Rotary Plaza, Inc. for $556,789 for an affordable housing development at 500 Linden and approving Budget Amendment Number 24.048; and 3) amending Resolution 188-2023 authorizing the City of South San Francisco to apply to the State of California to receive and administer the City's entitlement of Permanent Local Housing Allocation (PLHA) funds and to enter into all required agreements to receive the PLHA funds. (Elia Moreno, Housing Management Analyst I)
•
Guest User at April 10, 2024 at 4:29pm PDT
Oppose
Please prioritize housing for SSF residents who are living here already.
We need to keep the parking lot for residents and when we visit restaurants and local
markets. We can only find Latinx foods on Linden and there is very little parking already. The
loan money should be used on SSF residents for what we need now.
•
Guest User at April 10, 2024 at 4:10pm PDT
Oppose
PART 1 of 2
On behalf of our Old Town community, we continue to be very much concerned and
disappointed in the addition of even more high rises that continue to overburden our area
and are forever changing the landscape of Old Town's historical footprint, beauty, and
historical significance to our city. We oppose the use of $1.7 million for this housing project
as it most likely would not prioritize Old Town or other SSF residents and high rises are
continuing to overburden our area. Our residents have not benefited from the massive
housing high rises that are being constructed that also continue to forever change the
historical landscape of Old Town. No amount of high rise buildings would ever justify the
responsibility in fulfilling the needs of residents with adequate playgrounds, parks,
community centers (teens/seniors), especially for a socioeconomically disadvantaged
community of Old Town, where the impact is felt much greater. There is a dire need of funds
for our community and better use of $1.7 million.
Furthermore, our community has again been declined an equitable opportunity to be able to
raise concerns at site of former Liberty Bank. Decisions and plans are being made without
soliciting input from our community. It’s very discouraging and disheartening to learn about
plans that affect us, without our knowledge or being invited to the “equity” table.
I recall a meeting about 20 years ago with developer about plans for the former Big Bite at
the City Manager’s conference room. At least during that time, our community was offered a
voice and opportunity to raise concerns.**
We understand housing is a priority; however, this housing priority should not solely be
imposed upon Old Town, especially at the continued expense of our children and residents,
without there ever being any discussions of how it affects us and what is being done to meet
current needs of existing residents. Our area has been on the receiving end of what appears
to be every housing need and demand from never-ending State RHNA #’s, biotech, senior
housing, income levels, sex offenders, and to make matters worse, most recent housing for
single men facing addictions, all next to families with children and families as neighbors.
During the many ShapeSSF meetings that I attended on behalf of our community, we
expressed a serious concern of further high rise buildings overburdening our historical Old
Town, especially with these massive buildings completely blocking natural sunlight from
single family homes, without the protection of what was once considered respectful and
considerate setback requirements from new construction and adjacent structures. Now,
residents open their window to concrete walls and residents living in our Lanes (alleys) face
darkness no matter time of day.
Furthermore, our Old Town community has not seen any benefits from impact fees collected
from developers, especially from neighboring biotech that has had a direct effect on the high
rise developments that have forever changed the landscape of our historical Downtown/Old
Town area. We’ve lacked educational, recreational and community opportunities for our
children for decades, in being able to provide a well-rounded education. We’re lacking a
community center for our seniors. Old Town should be filled with pride, instead of dumped
items that pose a health and safety hazard, all because apartment owners do not provide
adequate property management and dumpsters. As neighbors to these apartment buildings,
we should not be the ones to be affected by their lack of attention and care, while they are
collecting rents from tenants. It is highly unfair to us not to be able to take an afternoon walk
because of the many hazards and safety concerns. As my mom also shares, “it is
embarrassing!” Our children should be thriving with the billions collected on their behalf from
biotech IMPACT fees.
Part 1
Olga Perez, Comunidad Inmigrante del Pueblo Viejo
•
Guest User at April 10, 2024 at 4:15pm PDT
Oppose
Part 2 of 3
As equal contributors of SSF’s history and economy, our children are very much deserving of
educational/recreational programs to help with their success and to help form a sound and
strong foundation for their future. Our toddlers, just as other toddlers residing elsewhere in
SSF, also expect to have a respectful playground at Cypress. The condition of this
playground is highly insulting to us in how we are viewed as less deserving and as equals.
Our senior citizens are also deserving of a healthy life and an indoor gathering place and
park designated for socializing. Having attended the Age Friendly meeting, I expressed the
gravity of loneliness that our parents and senior citizens face. This is one of the reasons for
strongly advocating for the Pine/Linden to be kept with focus on senior citizens, rather than
more high rises. Seniors need a separate peaceful park without screaming from children
while playing and fears of a child running and knocking them over.
**I recall the outcry from the community after hearing of the construction of former Big Bite
and cannot imagine the calls from community that still has no idea about the fate of the
Liberty Bank. Perhaps 20 years ago or so, I recall voicing opposition of what the developer
back then had planned. I knew this proposal by no means would be in community’s best
interest, especially during a time of crisis where we were begging for equality and services
for our children and also knew loss of a parking lot would be a huge issue. The focus should
not ever have been on meeting developer’s needs over residents, 20 years ago or now.
Sadly, council member disagreed. The developer’s plan did not go through (reasons
unknown) and then we were presented with a parking lot that was a great asset. Now,
learning of loss of another parking lot will be another blow to Old Town.
Although the public is not privy to how funding and acquisition of properties may or may not
be acquired by city, I believe there is a missed opportunity to service the known needs of the
Spanish-speaking community, after the closure of the North Peninsula Neighborhood
Services Center (NPNSC) in converting the Liberty Bank into a community resource center
and maintaining the much-needed parking lot. The NPNSC provided many much-needed
benefits to many residents. In comparison to SF and southern SMC cities, we do not receive
nearly the same services, nor do we have agencies to serve youth and seniors and Spanish
speakers. We appreciate and understand the need for senior housing and respect the Rotary
Plaza’s commitment; however, we believe housing at this location will most likely not
prioritize Old Town residents or other SSF residents. I mention Old Town residents because
we are the residents who continue to face gentrification because of the welcoming of
neighboring biotech. It is us whose family and friends (entire families) have packed up and
left because of the sudden high rents that continue to force us out; however priority has not
been us.
Part 2 of 3
Olga Perez
•
Guest User at April 10, 2024 at 4:16pm PDT
Oppose
Part 3 of 3
Adding to the overburdening, we have not only taken the brunt of high rise buildings, but
have also been insulted and disrespected with County's decision to house a sex-offender
housing on Lux, without any regard to proximity of families with young children or our voices
of opposition and pleas during that time. The recent purchase of hotel on Airport Boulevard is
now another example of how there is a lack of respect towards Old Town and our
community. We did not hear about any vetting of individuals or any statements of concern
from anyone during the County Board of Supervisors meeting, except for my lone voice.
Prior to this, I was getting the runaround from the County and in doing so, it was a reminder
of how our community continues to be taken advantage of, without any consideration for
equitable outreach provided to us to be able to voice concerns or even to at least provide us
dignity with opportunities for a fair voice. There should have been more than just ONE
speaker other than me raising concerns, which signifies that there is a huge need for a
community center where residents may be informed of decisions that affect us and our
families.
There are more appropriate areas to build high rise buildings in order to maintain and
preserve Old Town/Downtown’s historical significance and value to SSF, which sadly, is not
being prioritized nor respected as it should be. There are so many vacant former restaurants
and businesses along El Camino Real. The entire stretch of ECR from Noor to Chestnut is
sad and offers ample opportunities for development in these areas that are more
appropriate, as they will not intrude into residential areas with residents opening their
windows to concrete walls.
Old Town simply cannot continue to be overburdened with housing, and resident needs
cannot continue to be overlooked and ignored. We have lot to gain from a community that is
well served and offered educational opportunities. I also believe SSF in its entirety has much
to gain in preserving Old Town’s historical significance and value to our city and high rises
should be kept on outskirts of neighborhoods and in our case, at entrance and exits of
freeways. On other side of town, we would not expect to see high rise buildings in middle of
Buri Buri, Avalon, Westborough neighborhoods, etc. We do not ask much in requesting the
same respect and consideration for residents and Old Town. We are a socioeconomic and
disadvantaged community; however, this by no means, be a reason not to be offered
opportunities for a fair voice when decisions are being made that affect us. Old Town should
be filled with pride, instead of dumped items that pose a health and safety hazard. Our
children should be thriving with the billions collected on their behalf from biotech IMPACT
fees.
Thank you.
Part 3 of 3
Olga Perez, Comunidad Inmigrante del Pueblo Viejo
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-257 Agenda Date:4/10/2024
Version:1 Item #:9.
Report regarding a resolution approving the 2023 Military Equipment Annual Report for the South San Francisco Police
Department in compliance with Assembly Bill 481 (Adam Plank, Police Captain)
RECOMMENDATION
It is recommended that the City Council review the 2023 Military Equipment Annual Report and approve the associated
resolution for continued use of specific military equipment, in accordance with state law.
BACKGROUND/DISCUSSION
On September 30,2021,California Assembly Bill 481 was signed into law,pertaining to law enforcement’s use of
specific items defined as military equipment.In addition to approving a Military Equipment Policy,law enforcement
agencies shall submit an annual military equipment report for each type of military equipment approved by the governing
body.
The South San Francisco Police Department (SSFPD)does not possess items from every category,but it does utilize
equipment that provides officers with additional options when faced with dangerous incidents and reduces the risk to both
community members and officers.The items offer our trained peace officers vital resources for safely resolving
potentially hazardous incidents while complying with the department’s use of force policy.
A part of the annual report requires the police department to facilitate a community meeting regarding the Military
Equipment Policy and provide information from the previous year’s annual report.On March 25,2024,at 5:00 pm,
SSFPD hosted a community engagement meeting at the police department.The meeting was advertised in
English/Spanish on SSFPD’s website and via the “Update from the Mayor”email distribution list.The meeting was
focused on information from the 2023 Military Equipment Annual Report,and questions were answered regarding
funding sources, circumstances influencing equipment use, and training requirements.
During the 2023 calendar year,there were 30 incidents when equipment from the Military Equipment Policy were used in
South San Francisco.SSFPD did not receive any complaints regarding the Military Equipment Policy and there were no
violations of department policy regarding the deployment of approved items.Additionally,there were no exigent
circumstances requiring the temporary use of any non-approved equipment.The 2023 South San Francisco Police
Department Military Equipment Annual Report is available to review in “Attachment 1” of this report.
FISCAL IMPACT
There is no budget impact associated with the approval of the 2023 Military Equipment Annual Report.
RELATIONSHIP TO STRATEGIC PLAN
Approval of the 2023 Military Equipment Annual Report meets Strategic Goal #3:Public Safety by rendering skilled
police, fire, and emergency service management.
CONCLUSION
Approving the 2023 Military Equipment Annual Report will allow SSFPD to continue using vital equipment that
maintains safety for both community members and officers.It is recommended that City Council review and approve the
2023 Military Equipment Annual Report.
City of South San Francisco Printed on 4/5/2024Page 1 of 2
powered by Legistar™116
File #:24-257 Agenda Date:4/10/2024
Version:1 Item #:9.
Attachments
1.2023 Military Equipment Annual Report
2.2023 Military Equipment Annual Report (PowerPoint)
City of South San Francisco Printed on 4/5/2024Page 2 of 2
powered by Legistar™117
Attachment 1 - 2023 Annual Military Equipment Report
South San Francisco Police Department Equipment
Category 1 – Unmanned, remotely piloted, powered aerial or ground vehicles
Equipment Category: Unmanned, remotely piloted, powered aerial or ground
vehicles.
Description: The Packbot 510 ground robot was removed from our
inventory because the item was outdated and no longer
effective.
Quantity: None owned by SSFPD.
Acquisition Costs: None
Funding Source: None
Annual Costs: None
Summary of Use: Remote-controlled aerial vehicles (drones) from outside
agencies were used 27 times to locate individuals
associated with violent/armed crimes and search large
areas.
Summary of Complaints Received: None
Results of Internal Audits: The drone use complied with approved South San
Francisco Police Department Military Equipment Policy.
Intent to Acquire Equipment: The department recognizes the benefits of a drone
program and will seek approval to acquire equipment to
meet the needs of South San Francisco.
118
Attachment 1 - 2023 Annual Military Equipment Report
Category 2 – Armored Transport Vehicle
Equipment Category: Armored Transport Vehicle
Description: A white Ford Transit 350 HD EcoBoost van designed to
transport officers to critical incidents while providing
ballistic protection to its occupants. The vehicle is a
county asset and can be requested for use by outside
agencies but is stored and maintained by the South San
Francisco Police Department.
Quantity: 1
Acquisition Costs: None
Funding Source: Urban Areas Security Initiative (UASI) grant
Annual Costs: $1,500 estimated annual maintenance
Summary of Use: The armored transport vehicle was used 4 times in 2023.
The vehicle transported officers to 3 potentially dangerous
incidents and 1 large pre-planned event (APEC).
Summary of Complaints Received: None
Results of Internal Audits: The armored transport vehicle use complied with South
San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
119
Attachment 1 - 2023 Annual Military Equipment Report
Category 5 – DUI/Command Center Trailer
Equipment Category: Command or Control Vehicles built or modified to
facilitate the operational control and direction of public
safety units.
Description: 2010 Titan-X composite tagalong trailer capable of serving
as a mobile command center for large operations. The
command center trailer has individual workstations, a
power supply, and holds equipment needed for police
operations.
Quantity: 1
Acquisition Costs: None
Funding Source: Office of Traffic and Safety (OTS) grant
Annual Costs: $500 estimated annual maintenance
Summary of Use: The command center trailer was used 2 times to
coordinate OTS impaired driver checkpoints, and 1 time to
coordinate a large event related to APEC.
Summary of Complaints Received: None
Results of Internal Audits: The command center trailer use complied with approved
South San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
120
Attachment 1 - 2023 Annual Military Equipment Report
Category 10 – Specialized Firearms and Ammunition of Less than .50 caliber
Equipment Category: Specialized firearms and ammunition of less than .50
caliber.
Description: Specialized firearms capable of accurately firing .223 or
5.56mm.
Firearm Quantity: 51 – owned by department, 17 – obtained via LESO 1033
Ammunition Quantity: 5.56mm training ammunition – 16,400 rounds
5.56mm duty ammunition – 5,680
Rifle Acquisition Costs: $102,000
Ammunition Acquisition Costs: $11,194
Rifle Funding Source: Operating Budget
Ammunition Funding Source: Asset Seizure Funds
Annual Costs: Replace/repair as necessary
Summary of Use: Training
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: Replacement rifles were approved on 9/27/2023 with
Resolution # RES 152-2023.
121
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Pepperball Launcher
Equipment Category: Flashbang grenades and explosive breaching tools, tear
gas, and pepperballs.
Description: A less-lethal option when suspect(s) presents a threat of
serious bodily injury to a victim, officers, or themselves.
The launchers may also be used on vicious animals who
present an imminent threat of serious bodily injury or to
stop an attack on a victim, officers, if other means of
prevention, containment, or avoidance of the animal is
not reasonably possible.
Launcher Quantity: 2
PAVA projectiles: 665
Glass break projectiles: 100
Launcher Acquisition Costs: $850 each
Projectile Acquisition Costs: $1,422.99 total
Funding Source: Asset seizure funds
Annual Costs: $374 estimated annual maintenance
Summary of Use: The pepperball launchers were used 2 times on calls
associated with wanted subjects who barricaded
themselves inside of a residence.
Summary of Complaints Received: None
Results of Internal Audits: The pepperball launcher use complied with approved
South San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
122
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Flashbang Distraction Device
Equipment Category: Flashbang grenades and explosive breaching tools, tear
gas, and pepperballs.
Description: CTS 7290 flashbang distraction device can be used to
distract individuals during extreme circumstances like
active shooter incidents, hostage situations, or while
serving high-risk search/arrest warrants. It emits a bright
light and thunderous noise to distract potentially
dangerous individuals.
Quantity: 5
Acquisition Costs: $36 each
Funding Source: Asset seizure funds
Annual Costs: $400 every five years
Summary of Use: The distraction devices were used a total of 3 times by
trained SWAT personnel when apprehending subjects who
were inside of a residence. The North Central Regional
SWAT team used distraction devices 2 times, and the San
Jose Police Department Tactical Team used distraction
devices 1 time.
Summary of Complaints Received: None
Results of Internal Audits: The distraction device use complied with approved South
San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
123
Attachment 1 - 2023 Annual Military Equipment Report
Category 14 – 40mm Less-Lethal Projectile Launcher
Equipment Category: Projectile launch platform and their associated munitions
Description: The 40mm launcher is not a firearm, but a less-lethal
system that uses smokeless powder to deliver 40mm
projectiles from a safe distance. It can launch 40mm
munitions at a subject up to 25 yards and fires one
projectile at a time, which allows the user to assess the
situation after every spent munition.
Launcher Quantity: 8
40mm projectiles: 75
Launcher Acquisition Costs: $944 each
Projectile Acquisition Costs: $800 total
Funding Source: Asset seizure funds
Annual Costs: Replace/repair as needed
Summary of Use: The less-lethal 40 mm launchers were used 1 time to
safely apprehend a subject wanted for residential burglary
who barricaded himself inside the residence.
Summary of Complaints Received: None
Results of Internal Audits: The less-lethal projectile launcher use complied with
approved South San Francisco Police Department Military
Equipment Policy.
Intent to Acquire Equipment: Additional 27 less-lethal launchers were approved on
1/10/2024 with Resolution # RES 03-2024.
124
Attachment 1 - 2023 Annual Military Equipment Report
NORTH CENTRAL REGIONAL SWAT EQUIPMENT
Category 1 – Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicle
Equipment Category: Unmanned, remotely piloted, powered aerial or
ground vehicles.
Description: Remote-controlled aerial (drone) and ground
(robot) powered vehicles capable of being
remotely navigated to provide scene information in
the form of video and still images transmitted to
first responders.
Drone Quantity: 2
Robot Quantity: 4
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: A drone was used in South San Francisco for 2
incidents by the North Central Regional SWAT
team.
Summary of Complaints Received: None
Results of Internal Audits: The drone use complied with approved South San
Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
125
Attachment 1 - 2023 Annual Military Equipment Report
Category 3 – Wheeled Vehicle with Breaching Apparatus Attached
Equipment Category: High-mobility multipurpose wheeled vehicles that
have a breaching or entry apparatus attached.
Description: Vehicle designed for use when there is a reason to
expect potential armed resistance requiring
ballistic protection. It can open a door, gate, or
other points of entry with assistance from a device
attached to the vehicle.
Quantity: 1
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: A wheeled vehicle with apparatus was used in 2
incidents by the NCR SWAT team. The vehicle was
used to safely transport SWAT Operators to the
scene of the incident.
Summary of Complaints Received: None
Results of Internal Audits: The wheeled vehicle with apparatus use complied
with approved South San Francisco Military
Equipment Policy.
Intent to Acquire Equipment: No
126
Attachment 1 - 2023 Annual Military Equipment Report
Category 7 – Battering Rams, Slugs, and Breaching Apparatus that are Explosive in Nature
Equipment Category: Battering rams, slugs, and breaching apparatus that
are explosive in nature.
Description: Equipment capable of breaching doors, gates,
windows, and other points of entry when
conditions involve potentially armed resistance.
Quantity: 20
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: None
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: No
127
Attachment 1 - 2023 Annual Military Equipment Report
Category 10 – Specialized Firearms and Ammunition of Less than .50 caliber
Equipment Category: Specialized firearms and ammunition of less than
.50 caliber.
Description: Specialized firearms capable of accurately firing
.223, 5.56mm, .308, or .300 caliber ammunition at
distances over 100 yards. The South San Francisco
Police Department owns two specialized rifles
capable of firing .308 caliber ammunition at
distances over 100 yards. The two specialized rifles
are limited to North Central Regional SWAT team
members.
Quantity: 2
Ammunition Quantity: .308 duty ammunition – 300 rounds
Acquisition Costs: $4,000
Rifle Funding Source: Operating Budget
Ammunition Funding Source: Operating Budget
Annual Costs: Replace/repair as needed
Summary of Use: None
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: No
128
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Flashbang grenades and explosive breaching tools, tear gas, and pepperballs
Equipment Category: Flashbang grenades and explosive breaching tools,
tear gas, and pepperballs.
Description: Equipment capable of breaching doors, gates,
windows, and other points of entry by creating
explosive distractions, emitting bright light, and/or
deploying tear gas or pepper chemicals to distract
potentially dangerous individuals.
Quantity: 20
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: As previously noted, the distraction devices were
used a total of 3 times by trained SWAT personnel
when apprehending subjects who were inside of a
residence. The North Central Regional SWAT team
used distraction devices 2 times, and the San Jose
Police Department used distraction devices 1 time.
Summary of Complaints Received: None
Results of Internal Audits: The distraction device use complied with approved
South San Francisco Police Department Military
Equipment Policy.
Intent to Acquire Equipment: No
129
Attachment 1 - 2023 Annual Military Equipment Report
Category 13 – Long Range Acoustic Device (LRAD)
Equipment Category: Long Range Acoustic Device.
Description: An acoustic hailing device used to send messages
over long distances. The LRAD system produces
much higher sound levels (volume) than normal
loudspeakers or megaphones. Over short
distances, LRAD signals are loud enough to cause
pain or discomfort in the ears of people in their
path.
Quantity: 1
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: An LRAD was used 1 time by the San Jose Police
Department while serving a high-risk arrest
warrant in South San Francisco.
Summary of Complaints Received: None
Results of Internal Audits: The LRAD use complied with approved South San
Francisco Military Equipment Policy.
Intent to Acquire Additional Equipment: No
130
South San Francisco Police Department
Military Equipment
2023 Annual Report
Captain Adam Plank
131
South San Francisco Police Department Equipment
▪Less Lethal 40 mm Sponge Launcher
▪Less Lethal Pepperball launcher
▪DUI/Tactical Command Trailer
▪Armored Rescue Vehicle
▪5.56 mm and .308 Rifles
▪Distraction/Diversion Devices
132
North Central Regional SWAT Equipment
▪Unmanned Aircraft System (Drone)
▪Unmanned Remote Control Robot
▪Wheeled Vehicle with Breaching Apparatus
▪Rifles (.223, 5.56 mm, .308, .300)
▪Flashbang grenades, explosive breaching tools, tear gas and pepper
balls
▪Long Range Acoustic Device
133
Date Location Item Reason
1/1/2023 400 block El Camino Real Drone Possession of Firearm, Suspect Fled
1/21/2023 3500 block Carter Dr Pepperball Court Order Violation, Arrest Warrant, Resisting Arrest
1/24/2023 3500 block Carter Dr Drone Elder Abuse, Burglary, Court Order Violation
2/5/2023 200 block El Campo Drone Domestic Violence, Suspect Fled
3/26/2023 2800 block Shannon Dr Drone Residential Burglary
4/1/2023 100 block South Spruce Ave Drone Commercial Burglary, Open Space Search
4/17/2023 Junipero Serra @ Westborough Blvd Drone Domestic Violence, Suspect Barricaded in Vehicle
5/11/2023 300 block Point San Bruno Drone Stolen Vehicle, Suspects Fled
6/11/2023 Oyster Point Blvd @ Dubuque Ave Drone Stolen Property, Burglary, Evading
7/1/2023 600 block Hickey Boulevard Drone Stolen Vehicle, Suspects Fled
7/15/2023 500 block Lassen St Drone, Pepperball, Less Lethal, Robot, Diversion device Residential Burglary, Armed Suspect Barricaded in House (SWAT)
7/26/2023 300 block Alida Way Drone, Diversion Device Arrest Warrant, Suspect Stated Was Armed (SWAT)
7/27/2023 800 block Olive Ave Drone Suicidal Person, Armed with Knife, Barricaded/Injured
8/18/2023 Hillside Blvd @ Stonegate Dr Command Trailer Driving Under the Influence Checkpoint
8/19/2023 10 block Tanforan Ave Drone Construction Burglary Area Search
8/26/2023 100 block Carnelian Rd Drone Report of Shots Fired, Large Area Search
9/16/2023 Airport Blvd @ Tower Pl Drone Carjacking Suspects Fled from Vehicle
9/23/2023 1000 block Crestwood Dr Drone Arrest Warrant for Accessory to Murder
10/5/2023 Highway 101 @ Grand Ave Drone Fatal Collision, Search for Victim
10/19/2023 San Bruno Mountain Drone Possible Missing/Stranded Person
10/27/2023 900 block Newman Dr Drone, Diversion Device, LRAD Armed Rape Suspect Wanted from Outside Agency
11/3/2023 100 block Airport Blvd Drone Assault with Deadly Weapon, Possible Commercial Burglary
11/12/2023 800 block Olive Ave Drone, Rescue Vehicle Subject Shooting Firearm in Residential Area
11/14/2023 Conference Center Drone, Rescue Vehicle, Command Trailer Philippine Presidential Visit - APEC
11/16/2023 100 block A St Drone Vehicle Burglary Suspect Fled
11/26/2023 100 block Gardiner Ave Drone Home Invasion Robbery, Suspect Search
12/9/2023 Highway 101 @ Oyster Point Blvd Drone Armed Stolen Vehicle Suspects Fled
12/10/2023 3900 block Stein Ct Drone Residential Burglary, Domestic Violence
12/15/2023 S. Linden Ave @ N. Canal St Command Trailer Driving Under the Influence Checkpoint
12/21/2023 Orange Park Drone Area Search for Missing/At Risk Person
134
135
Question, Concerns, Feedback
Please contact us at any of the following:
Email: militaryequipment@ssf.net
Phone: (650) 877-8900
In-Person: 1 Chestnut Avenue, South San Francisco
136
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-258 Agenda Date:4/10/2024
Version:1 Item #:9a.
Resolution approving the 2023 Military Equipment Annual Report for the South San Francisco Police Department in
compliance with Assembly Bill 481
WHEREAS,on September 30,2021,Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of
military equipment by California law enforcement agencies; and
WHEREAS,Assembly Bill 481 seeks to provide transparency,oversight,and an opportunity for meaningful public input
on decisions regarding whether and how military equipment is funded,acquired,or used by law enforcement agencies;
and
WHEREAS, the Military Equipment Policy was introduced during a public meeting on June 22,
2022; and
WHEREAS, the Military Equipment Policy was approved by City Council on July 27, 2022; and
WHEREAS,in addition to approving the Military Equipment Policy,law enforcement agencies shall submit an annual
military equipment report for each type of military equipment approved by the governing body; and
WHEREAS,a part of the annual report requires the police department to facilitate a community meeting regarding the
Military Equipment Policy and provide information from the previous year’s annual report; and
WHEREAS,on March 25,2024,the South San Francisco Police Department (SSFPD)hosted a community engagement
meeting, advertised in English and Spanish; and
WHEREAS,the meeting focused on information from the 2023 Military Equipment Annual Report,where questions
were answered regarding funding sources, circumstances influencing equipment use, and training requirements; and
WHEREAS,during the 2023 calendar year,there were 30 incidents when items from the Military Equipment Policy were
used in South San Francisco,and SSFPD did not receive any complaints and no violations of department policy occurred;
and
WHEREAS,additionally,there were no events in 2023 requiring the temporary use of non-approved equipment due to
City of South San Francisco Printed on 4/11/2024Page 1 of 2
powered by Legistar™137
File #:24-258 Agenda Date:4/10/2024
Version:1 Item #:9a.
exigent circumstances; and
WHEREAS,the South San Francisco Police Department 2023 Military Equipment Annual Report is included herein as
Attachment 1 for review.
NOW,THEREFORE BE IT RESOLVED,that the City Council of South San Francisco hereby approves the 2023
Military Equipment Annual Report that will allow the SSFPD to continue using vital equipment that maintains the safety
for both community members and officers.
BE IT FURTHER RESOLVED,that it is recommended that the City Council review and approve the 2023 Military
Equipment Annual Report.
*****
City of South San Francisco Printed on 4/11/2024Page 2 of 2
powered by Legistar™138
Attachment 1 - 2023 Annual Military Equipment Report
South San Francisco Police Department Equipment
Category 1 – Unmanned, remotely piloted, powered aerial or ground vehicles
Equipment Category: Unmanned, remotely piloted, powered aerial or ground
vehicles.
Description: The Packbot 510 ground robot was removed from our
inventory because the item was outdated and no longer
effective.
Quantity: None owned by SSFPD.
Acquisition Costs: None
Funding Source: None
Annual Costs: None
Summary of Use: Remote-controlled aerial vehicles (drones) from outside
agencies were used 27 times to locate individuals
associated with violent/armed crimes and search large
areas.
Summary of Complaints Received: None
Results of Internal Audits: The drone use complied with approved South San
Francisco Police Department Military Equipment Policy.
Intent to Acquire Equipment: The department recognizes the benefits of a drone
program and will seek approval to acquire equipment to
meet the needs of South San Francisco.
139
Attachment 1 - 2023 Annual Military Equipment Report
Category 2 – Armored Transport Vehicle
Equipment Category: Armored Transport Vehicle
Description: A white Ford Transit 350 HD EcoBoost van designed to
transport officers to critical incidents while providing
ballistic protection to its occupants. The vehicle is a
county asset and can be requested for use by outside
agencies but is stored and maintained by the South San
Francisco Police Department.
Quantity: 1
Acquisition Costs: None
Funding Source: Urban Areas Security Initiative (UASI) grant
Annual Costs: $1,500 estimated annual maintenance
Summary of Use: The armored transport vehicle was used 4 times in 2023.
The vehicle transported officers to 3 potentially dangerous
incidents and 1 large pre-planned event (APEC).
Summary of Complaints Received: None
Results of Internal Audits: The armored transport vehicle use complied with South
San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
140
Attachment 1 - 2023 Annual Military Equipment Report
Category 5 – DUI/Command Center Trailer
Equipment Category: Command or Control Vehicles built or modified to
facilitate the operational control and direction of public
safety units.
Description: 2010 Titan-X composite tagalong trailer capable of serving
as a mobile command center for large operations. The
command center trailer has individual workstations, a
power supply, and holds equipment needed for police
operations.
Quantity: 1
Acquisition Costs: None
Funding Source: Office of Traffic and Safety (OTS) grant
Annual Costs: $500 estimated annual maintenance
Summary of Use: The command center trailer was used 2 times to
coordinate OTS impaired driver checkpoints, and 1 time to
coordinate a large event related to APEC.
Summary of Complaints Received: None
Results of Internal Audits: The command center trailer use complied with approved
South San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
141
Attachment 1 - 2023 Annual Military Equipment Report
Category 10 – Specialized Firearms and Ammunition of Less than .50 caliber
Equipment Category: Specialized firearms and ammunition of less than .50
caliber.
Description: Specialized firearms capable of accurately firing .223 or
5.56mm.
Firearm Quantity: 51 – owned by department, 17 – obtained via LESO 1033
Ammunition Quantity: 5.56mm training ammunition – 16,400 rounds
5.56mm duty ammunition – 5,680
Rifle Acquisition Costs: $102,000
Ammunition Acquisition Costs: $11,194
Rifle Funding Source: Operating Budget
Ammunition Funding Source: Asset Seizure Funds
Annual Costs: Replace/repair as necessary
Summary of Use: Training
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: Replacement rifles were approved on 9/27/2023 with
Resolution # RES 152-2023.
142
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Pepperball Launcher
Equipment Category: Flashbang grenades and explosive breaching tools, tear
gas, and pepperballs.
Description: A less-lethal option when suspect(s) presents a threat of
serious bodily injury to a victim, officers, or themselves.
The launchers may also be used on vicious animals who
present an imminent threat of serious bodily injury or to
stop an attack on a victim, officers, if other means of
prevention, containment, or avoidance of the animal is
not reasonably possible.
Launcher Quantity: 2
PAVA projectiles: 665
Glass break projectiles: 100
Launcher Acquisition Costs: $850 each
Projectile Acquisition Costs: $1,422.99 total
Funding Source: Asset seizure funds
Annual Costs: $374 estimated annual maintenance
Summary of Use: The pepperball launchers were used 2 times on calls
associated with wanted subjects who barricaded
themselves inside of a residence.
Summary of Complaints Received: None
Results of Internal Audits: The pepperball launcher use complied with approved
South San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
143
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Flashbang Distraction Device
Equipment Category: Flashbang grenades and explosive breaching tools, tear
gas, and pepperballs.
Description: CTS 7290 flashbang distraction device can be used to
distract individuals during extreme circumstances like
active shooter incidents, hostage situations, or while
serving high-risk search/arrest warrants. It emits a bright
light and thunderous noise to distract potentially
dangerous individuals.
Quantity: 5
Acquisition Costs: $36 each
Funding Source: Asset seizure funds
Annual Costs: $400 every five years
Summary of Use: The distraction devices were used a total of 3 times by
trained SWAT personnel when apprehending subjects who
were inside of a residence. The North Central Regional
SWAT team used distraction devices 2 times, and the San
Jose Police Department Tactical Team used distraction
devices 1 time.
Summary of Complaints Received: None
Results of Internal Audits: The distraction device use complied with approved South
San Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
144
Attachment 1 - 2023 Annual Military Equipment Report
Category 14 – 40mm Less-Lethal Projectile Launcher
Equipment Category: Projectile launch platform and their associated munitions
Description: The 40mm launcher is not a firearm, but a less-lethal
system that uses smokeless powder to deliver 40mm
projectiles from a safe distance. It can launch 40mm
munitions at a subject up to 25 yards and fires one
projectile at a time, which allows the user to assess the
situation after every spent munition.
Launcher Quantity: 8
40mm projectiles: 75
Launcher Acquisition Costs: $944 each
Projectile Acquisition Costs: $800 total
Funding Source: Asset seizure funds
Annual Costs: Replace/repair as needed
Summary of Use: The less-lethal 40 mm launchers were used 1 time to
safely apprehend a subject wanted for residential burglary
who barricaded himself inside the residence.
Summary of Complaints Received: None
Results of Internal Audits: The less-lethal projectile launcher use complied with
approved South San Francisco Police Department Military
Equipment Policy.
Intent to Acquire Equipment: Additional 27 less-lethal launchers were approved on
1/10/2024 with Resolution # RES 03-2024.
145
Attachment 1 - 2023 Annual Military Equipment Report
NORTH CENTRAL REGIONAL SWAT EQUIPMENT
Category 1 – Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicle
Equipment Category: Unmanned, remotely piloted, powered aerial or
ground vehicles.
Description: Remote-controlled aerial (drone) and ground
(robot) powered vehicles capable of being
remotely navigated to provide scene information in
the form of video and still images transmitted to
first responders.
Drone Quantity: 2
Robot Quantity: 4
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: A drone was used in South San Francisco for 2
incidents by the North Central Regional SWAT
team.
Summary of Complaints Received: None
Results of Internal Audits: The drone use complied with approved South San
Francisco Police Department Military Equipment
Policy.
Intent to Acquire Equipment: No
146
Attachment 1 - 2023 Annual Military Equipment Report
Category 3 – Wheeled Vehicle with Breaching Apparatus Attached
Equipment Category: High-mobility multipurpose wheeled vehicles that
have a breaching or entry apparatus attached.
Description: Vehicle designed for use when there is a reason to
expect potential armed resistance requiring
ballistic protection. It can open a door, gate, or
other points of entry with assistance from a device
attached to the vehicle.
Quantity: 1
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: A wheeled vehicle with apparatus was used in 2
incidents by the NCR SWAT team. The vehicle was
used to safely transport SWAT Operators to the
scene of the incident.
Summary of Complaints Received: None
Results of Internal Audits: The wheeled vehicle with apparatus use complied
with approved South San Francisco Military
Equipment Policy.
Intent to Acquire Equipment: No
147
Attachment 1 - 2023 Annual Military Equipment Report
Category 7 – Battering Rams, Slugs, and Breaching Apparatus that are Explosive in Nature
Equipment Category: Battering rams, slugs, and breaching apparatus that
are explosive in nature.
Description: Equipment capable of breaching doors, gates,
windows, and other points of entry when
conditions involve potentially armed resistance.
Quantity: 20
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: None
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: No
148
Attachment 1 - 2023 Annual Military Equipment Report
Category 10 – Specialized Firearms and Ammunition of Less than .50 caliber
Equipment Category: Specialized firearms and ammunition of less than
.50 caliber.
Description: Specialized firearms capable of accurately firing
.223, 5.56mm, .308, or .300 caliber ammunition at
distances over 100 yards. The South San Francisco
Police Department owns two specialized rifles
capable of firing .308 caliber ammunition at
distances over 100 yards. The two specialized rifles
are limited to North Central Regional SWAT team
members.
Quantity: 2
Ammunition Quantity: .308 duty ammunition – 300 rounds
Acquisition Costs: $4,000
Rifle Funding Source: Operating Budget
Ammunition Funding Source: Operating Budget
Annual Costs: Replace/repair as needed
Summary of Use: None
Summary of Complaints Received: None
Results of Internal Audits: N/A
Intent to Acquire Equipment: No
149
Attachment 1 - 2023 Annual Military Equipment Report
Category 12 – Flashbang grenades and explosive breaching tools, tear gas, and pepperballs
Equipment Category: Flashbang grenades and explosive breaching tools,
tear gas, and pepperballs.
Description: Equipment capable of breaching doors, gates,
windows, and other points of entry by creating
explosive distractions, emitting bright light, and/or
deploying tear gas or pepper chemicals to distract
potentially dangerous individuals.
Quantity: 20
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: As previously noted, the distraction devices were
used a total of 3 times by trained SWAT personnel
when apprehending subjects who were inside of a
residence. The North Central Regional SWAT team
used distraction devices 2 times, and the San Jose
Police Department used distraction devices 1 time.
Summary of Complaints Received: None
Results of Internal Audits: The distraction device use complied with approved
South San Francisco Police Department Military
Equipment Policy.
Intent to Acquire Equipment: No
150
Attachment 1 - 2023 Annual Military Equipment Report
Category 13 – Long Range Acoustic Device (LRAD)
Equipment Category: Long Range Acoustic Device.
Description: An acoustic hailing device used to send messages
over long distances. The LRAD system produces
much higher sound levels (volume) than normal
loudspeakers or megaphones. Over short
distances, LRAD signals are loud enough to cause
pain or discomfort in the ears of people in their
path.
Quantity: 1
Acquisition Costs: None – not owned by SSFPD
Funding Source: N/A
Annual Costs: N/A
Summary of Use: An LRAD was used 1 time by the San Jose Police
Department while serving a high-risk arrest
warrant in South San Francisco.
Summary of Complaints Received: None
Results of Internal Audits: The LRAD use complied with approved South San
Francisco Military Equipment Policy.
Intent to Acquire Additional Equipment: No
151
Agenda Item PUBLIC COMMENTS
•
Guest User at April 08, 2024 at 12:16am PDT
At this point there should be no doubt that we are witnessing a genocide in Gaza, yet these
daily atrocities continue to be fully supported by our government, militarily and politically. As
a mother of a young child, I am especially appalled at the murder and traumatization of so
many children. Congressman Kevin Mullin needs to hear from us at the local level, and the
council passing a ceasefire resolution would have a far greater impact that we can as
individuals. We all need to do everything we can, and a resolution is something the council
can do. My daughter is already starting to ask questions, and someday all our children will
ask what we did to stop a genocide. Let's be able to say we did everything we could.
Leah di Tullio, Burlingame
•
Guest User at April 08, 2024 at 11:41am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is Russell and I am a lifelong SSF resident, SSFUSD alum, and former city council
intern/YAC member.
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Russell Lee
South San Francisco, California 94080
•
Rosa Acosta admin at April 09, 2024 at 11:24am PDT
Hello city council members,
I am calling on you once again to please agendize a ceasefire resolution to stop the
aggression by Israel on Gaza. The community has been loud and clear, and we’ve been
waiting for your response. Be in the right side of history, advocate for peace, and for freedom
of the Palestinian people from the decades long brutal Israel occupation of Palestine, and
know that you’ll be remembered by how you respond.
Thank you.
ENB
•
Guest User at April 09, 2024 at 11:41am PDT
Dear City of South San Francisco Councilmembers,
My name is Latifat and I am a resident of South San Francisco for over 30 years. I so
strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza.
Really, at this point it is the only HUMAN thing to do.
We need an end to this humanitarian crisis and a bilateral cease-fire resolution would ensure
the sanctity for ALL people.
This is NOT a political stance. We are here to just ask you all to push for a stop to this
destruction and allow humanitarian aide to enter.
Simple. Uncomplicated.
Again, I ask you to listen with an open heart and help us by agendizing a resolution calling
for an enduring ceasefire in Gaza.
Thank you for your time,
Latifat Apatira
•
Guest User at April 09, 2024 at 4:18pm PDT
City Clerk Rosa Acosta,
Dear City Council,
As a born and raised resident of South San Francisco, it inspires me to see that the
community can come together to an agreement of a permanent ceasefire on the current war
on Gaza. Representation is what this city is about right? Please act like it. Enough is enough.
The world is with Palestine, and you should be too. CEASEFIRE NOW. FREE PALESTINE.
-Palestinian resident in South City, Jasmine Kharma District 4
Jasmine Kharma
jasmine22kharma@yahoo.com
380 C Street #1
South San Francisco , California 94080
•
Guest User at April 09, 2024 at 4:22pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Ria Aquino
•
Guest User at April 09, 2024 at 4:24pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Samantha Kharma
•
Guest User at April 09, 2024 at 4:27pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is Gi Jariya and I am a lifetime resident of South City from District 4.
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. This is long
overdue. We are here to just ask you all to push for a stop to this destruction and allow
humanitarian aide to enter . Again, I ask you to listen with an open heart and help us by
agendizing a resolution calling for an enduring ceasefire in Gaza.
The argument that this is not a local issue is weak and fundamentally incorrect. Our tax
dollars have funded this genocide, so it is our duty to do what we can to put an end to the
killing. Be on the right side of history.
Thank you for your time,
Gi Jariya
they/them
Gianna Jariya
•
Guest User at April 09, 2024 at 4:29pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is LM and I have spent much of my life in South City, originally growing up in San
Jose and then moving up to the area. I am Jewish and proudly in favor of this city taking a
stance against genocide.
Israel is a rouge state that is making a complete mockery of international law. It is despicable
to somehow imply that supporting this state, which is committing terrorist acts against an
already besieged population in an open air concentration camp, is justified because they fly a
Star of David on their flag. This is an abomination to my faith and I am desperate to urge you
to please do everything in your power to show explicit solidarity with the local communities
reeling from the impact of having dozens of family members killed abroad with US arms and
weapons. Over 100 Palestinians journalists who have been murdered and taken from this
Earth by what Reporters Without Borders has called an explicit campaign to target and kill
journalists and photographers.
Committing a genocide does NOTHING to keep me safe as a Jew and in fact endangers me.
Refusing to free Palestinians being held prisoner and refusing to let Palestinians live free
lives on their own land inevitably endangers Jews. Nothing that the Israeli government is
doing is for Jewish safety—in fact, killed multiple of their own hostages and are contributing
to their starvation. Even Israeli families of hostages in Tel Aviv have been protesting against
the IDF’s behavior for months. The American pro-zionist community is not even upholding
the wishes and wants of those families who are urging for this war and the killings to stop.
I strongly encourage you to agendize and pass a resolution calling for a permanent cease-
fire in Gaza. We need an end to this humanitarian crisis and a cease-fire resolution would
ensure the sanctity for ALL people. This is not a political stance. We are here to just ask you
all to push for a stop to this destruction and allow humanitarian aide to enter . Again, I ask
you to listen with an open heart and help us by agendizing a resolution calling for an
enduring ceasefire in Gaza.
Thank you for your time,
L M
•
Guest User at April 09, 2024 at 4:30pm PDT
City Clerk Rosa Acosta,
I need the people in high positions to take action and take risks for humanity’s sake!!
ENOUGH IS ENOUGH!! No more blood, no more dead children, no more crying families, no
more trauma, no more violence. When will it end!? We are begging you as our
representatives!! Please demand a ceasefire!!
Michelle Benedith
•
Guest User at April 09, 2024 at 4:32pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is Lana Zeidan and grew up and went to school in South San Francisco with my
parents still living there.
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Lana Zeidan
•
Guest User at April 10, 2024 at 8:11am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Giannina Murphy
•
Guest User at April 10, 2024 at 8:13am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Shay Jariya
•
Guest User at April 10, 2024 at 8:15am PDT
City Clerk Rosa Acosta,
Dear SSF Council members,
I hope this email finds you well.
My name is Jackie and I am a resident of South San Francisco’s District 1. I write to you with
a heartfelt plea to support a crucial ceasefire resolution.
I urge you to stand with the residents of our city by endorsing this resolution. It is imperative
that our local leadership reflects the collective voice of our community in advocating for
peace.
It's important to emphasize that supporting a ceasefire resolution is not a contentious issue.
In fact, it enjoys widespread backing from prominent entities, including the majority of the
United Nations Security Council and General Assembly, with the United States even
introducing its own version of a ceasefire resolution in the UN. Moreover, many cities across
the nation, including our neighboring metropolis San Francisco, have already passed similar
resolutions. Our California Governor Gavin Newsom also supports an immediate ceasefire.
It's important to clarify that advocating for a ceasefire resolution is in no way anti-Semitic.
Jewish groups like Jewish Voice for Peace (JVP) across the country have been actively
involved in calling for and supporting such resolutions. Their voices, grounded in principles of
justice and humanitarianism, echo the broader sentiment of peace and stability for all
affected communities. This inclusive approach transcends religious or ethnic boundaries,
emphasizing the universal value of human life and dignity. Thus, supporting a ceasefire
resolution aligns with the shared values of diverse communities, including the Jewish
community, and is an expression of solidarity with all those impacted by conflict.
You may encounter opposition arguing that endorsing a ceasefire is divisive or that it
oversteps the jurisdiction of local governance. However, such claims lack merit. How can
advocating for an end to senseless violence be considered divisive? Aligning with the stance
of countries and NGO’s around the world simply underscores our commitment to humanity.
Attempts to depict this issue as divisive are unfounded and merely aim to instill fear.
Our city has the opportunity to transcend such discord and demonstrate moral leadership. By
supporting this resolution, we reaffirm our dedication to protecting innocent lives and
standing against violence. This is not about crafting foreign policy or challenging federal
authority; it's about asserting our commitment to basic human rights.
I implore you to represent our community's values and become a beacon of hope during
these dark times. Let us lead with dignity and courage, sending a clear message that the City
of South San Francisco stands for peace and justice.
Thank you for your attention to this urgent matter.
Sincerely,
Jackie F
Jackie Fangonilo
•
Guest User at April 10, 2024 at 8:18am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is Mary Padilla and I am a lifelong resident of South San Francisco.
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Mary
Mary Padilla
•
Guest User at April 10, 2024 at 8:23am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Ehab Bojeh
•
Guest User at April 10, 2024 at 8:24am PDT
City Clerk Rosa Acosta,
Good morning,
My name is Mutiah and I'm SSF resident district 2. I'm calling on all the districts council to
vote for immediate ceasefire now. Enough is enough and ever time delay result in death of
innocent civilians. Thanks
Mutiah Apatira
•
Guest User at April 10, 2024 at 8:25am PDT
City Clerk Rosa Acosta,
The suffering and ethnic cleansing of humanity is overwhelming in Gaza. Stop the genocide.
Almaroof Apatira
•
Guest User at April 10, 2024 at 8:27am PDT
City Council of SSF
I am a Bay Area resident and have worked in SSF for the past ten years. As you may or may
not know, the aggressive bombing and siege on Gaza at the hands of the Israeli government
has reached 6 months. Thousands of lives have been unjustly taken and millions have been
displaced. Palestinians continue to suffer from starvation, unimaginable grief, and
displacement. I am disappointed to, once again, see that this council has not agendized a
ceasefire resolution. Concerned citizens and voters have attended the past 3-4 meetings
asking for this simple action. Yet, members of the council continue to dodge and delay. This
council needs to pass a ceasefire resolution so that Palestinians can rebuild their homes,
receive aid, and reunite with their loved ones. No more delays. No more complicating the
issue. We need an immediate ceasefire. The opposite of a ceasefire is to allow the killing
and bombings to continue.
I wish to submit this as a public written comment.
Aristel
•
Guest User at April 10, 2024 at 9:05am PDT
City Clerk Rosa Acosta,
Dear Mayor Coleman and City Council Members,
I am a resident of South City living in District 1. I’m a parent and have been involved in many
local/community groups and initiatives. I have met and collaborated with each of you in the
past regarding a variety of topics, from PTA and school district initiatives, to bike and
pedestrian safety, safe routes to schools, and the art installation at the new Caltrain plaza. I
appreciate and value your leadership and dedication to our amazing South City community.
Today, I am writing to express my support for a resolution calling for an immediate ceasefire
in Gaza. South City has become a home to thousands of people who fled wars and poverty. I
love our city for many reasons, including the demonstration of inclusion and diversity that we
hold as a community. I am proud to live in a city where peace is valued and injustices are
called out, and we can support people in need of a new city to call home.
We can continue to embrace our values by speaking out and stating opposition to the murder
of the many innocent lives that is occurring in Gaza. Tens of thousands of people have been
killed and the US government is not doing enough to stop it. I understand there is a long
history leading to this moment in time, however this violence and killing is not acceptable. It
is important for us as a city to come together in support of our Palestinian Arab community
members and neighbors; the safety and acknowledgement of our community members is
necessary.
Please stand with humanity and call for an enduring ceasefire in Gaza, free flow of
humanitarian aid and the release of hostages on both sides. Please include my remarks in
the public record for tonight’s city council meeting.
Thank you,
Katie DeLeuw
She/her
Resident, district 1
•
Guest User at April 10, 2024 at 9:22am PDT
Saving the Municipal Services Building - Carrie Boghosian
Mayor and Councilmembers,
Please listen to our request as residents of South San Francisco. I am representing five of us
whoare going to the San Bruno Senior Center, a true senior/community/multi-use center, a
place wecan call our "hang-out", where we can feel comfortable and exchange with friends
and otherneighbors. The many volunteers are friendly and their daily lunches with music
(even onweekends) are inviting and helpful in all aspects. The huge community/multi-use
room recentlyhad 150 for a St. Patrick's Day celebration, decorations, music, donations,
students, volunteers and lots of smiles.
We miss the MSB. The Teglia Center is NOT a senior center. As Virginia told me "It has
noheart". It is divided by floors, barely welcoming to group particpation.
There is no feel for a senseof community.
The MSB has a beautiful Atrium where we would hang out, take many classes,exchange
with others passing through; all ages enjoyed the camaraderie and rotation of cultural arts
right there in the window.
Please re-open the MSB.
Your South San Francisco Residents from
Winston Manor, Avalon, Brentwood, Hillside, Westborough
•
Guest User at April 10, 2024 at 9:43am PDT
I hesitate to write this letter because it may be a waste of my time. I have observed City
Council meetings in person and on tv for years. Although some members have come and
gone, the general impression to your audience is that the Council doesn’t care about our
opinions or the effect your decisions have on us. Your individual behavior during public
comments is disrespectful and insulting. The slumping in your chairs, some subtle eye
rolling, and general attitude of irritation more than tells us how engaged you are in the
remarks being made. From your seats of power, you send out the message that we are less
than. You show disdain for the collective identity of the people you represent, those in the
audience and those overall who live in SSF. We are a multifaceted community with strong
differences - educational, cultural, and social. Without us you have nothing since we are the
taxpayers whose money you have collected, perhaps misspent or squandered, to achieve
objectives not in keeping with the needs of the greater SSF community. You may have
created the General Plan, but you have not successfully given the residents a vision of what
our City will be. You have not assessed the real needs of people living in this place. You
have not demonstrated that we can be safe as the City morphs from one stage to the next.
We know who the liars are and have witnessed blatant disregard for the fiscal health of this
City. We don’t trust you.
I was raised in a military family and from childhood learned about command presence – the
way you stand and present yourself to others, physical appearance and communication
style, walking with energy and confidence. Command presence conveys leadership,
authority, and results in trust and respect from others. My father’s motto was “look sharp, act
sharp, and be sharp”.
When I observe the Council members from the time you come to the dais and throughout the
meeting, I seldom see any leadership qualities. You saunter in and slump in your chairs.
That does not inspire a sense that the members are on top and can be trusted.
Good leaders are good communicators. They are authentic, competent and trustworthy.
Their audience can sense they are individuals of good character. Communication is both
verbal and nonverbal and you should remember how strongly the nonverbal can be projected
from your dais position. When you have something to say please don’t blather. Look into the
camera and at your audience and engage with energy.
Even when your procedures don’t allow for a response to public comment, it is your
responsibility to listen with a sincere desire to understand. Be open. Understanding is not the
same as agreeing. I am part of the SSF Citizens’ Coalition to save the Municipal Services
Building.
When my daughter was growing up, we attended many events at the MSB. I attended adult
education classes, the Citizens’ Police Academy, community meetings, council meetings and
more and always appreciated the building. As I have grown older with some mobility issues, I
appreciated the MSB even more because it was close to home, had parking, had working
elevators, and gave me a sense of safety and security.
The MSB has so much potential for the existing residents of all ages. We all need a safe
place to meet and engage. Seniors especially need a place to socialize and make new
friends. Unlike other age groups we are not in peer groups at daycare, school, or workplace.
Our social circle becomes small with the loss of family and friends. Many of us spend
countless hours home alone. San Mateo County has said loneliness can affect an
individual’s health. This fact has spread throughout much of the United States and other
countries too. It is important to give seniors
a place to thrive, share and be creative. It is hard for us older folk to “look sharp, act sharp,
and be sharp” when we have no place to go.
SSF has a limited social infrastructure that benefits seniors. Creating community programs at
a safe location for all ages is an important step in showing City support. Every resident
should feel valued and heard when there is a focus on their needs.
I encourage you to please understand the comments about saving the MSB for the
community, especially the seniors. It can be a lifeline to many people. Please also reopen
the MSB now so that the building can show the whole community that they are welcome.
Thank you for reading and understanding the motives and urgency behind my request.
Sincerely,
Claudia E. Melteff
Buri Buri Resident since 1989
•
Guest User at April 10, 2024 at 9:46am PDT
I would like to voice my opinion and concerns about keeping the MSB senior center opened
and accessible to all south San Francisco residents because it’s a landmark the city and
county of San Mateo should recognize and preserve for the community and their citizens. I
agree with what the citizens coalition is supporting and doing for us all! - Hoover Wong
•
Guest User at April 10, 2024 at 9:47am PDT
MSB
We are all in desperate need to keep that building open and in use. We seniors always,
always the last that you think about. We have been paying your salary for years and when
the time comes for you to do something for us we get kicked to the curb. - Juanita Sauceda
•
Guest User at April 10, 2024 at 9:54am PDT
Municipal Service Building- Laurie Ratliff
To the governing council of South San Francisco,
I noticed that according to Shape SSF 2040 General Plan, Existing Conditions
https://shapessf.com/wp-content/uploads/2022/03/SSF_ECR_AllChapters.pdf (Chapter 2
Neighborhood Sub Areas, Key Neighborhood Issues: services & Quality of Life) of the 11
sub areas, there are only 2 neighborhoods that note a specific need for better senior
services. (Winston Serra-“strong desire for more services and programs for seniors” and
Westborough-“insufficient services, programs, amenities, and infrastructure for
seniors”)These are 2 large areas on the western side of South San Francisco that NEED and
WANT more senior services. It is part of your plan according to this page
https://shapessf.com/goals/goal-pr-10/
“Intent: To ensure older adults throughout the city have easy access to the recreational and
education opportunities they need.
Policy PR-10.1: Expand senior services program. Seek opportunities to expand the wide
range of older adult and senior services provided by the City, including recreation, education,
and social programs, health screenings, and other enrichment opportunities”.
All of which can be conveniently utilized at the already existing Municipal Service Building at
33 Arroyo Dr. (which I saw in Table CUL-4 “Built-Environment Cultural Resources within the
city of South San Francisco” and noted this paragraph on page 361:
Historic era buildings and structures, typically over 50 years in age, may be considered
eligible for inclusion on the NRHP and CRHP. Those found eligible either through survey or
evaluation are considered historic resources under CEQA and should be taken into account
during the planning process.
.
The Municipal Service Building at 33 Arroyo needs to be maintained and preserved as the
iconic landmark that it is. I am a 30+ year resident of South City and as I enter my 60’s I find
few easily accessed resources for active seniors. We need to do better!
Laurie Ratliff
•
Guest User at April 10, 2024 at 10:21am PDT
Please save the MSB Building- Lisa F
Hello fellow South City Residents,
Thank you for taking the time to read this. I have lived in South City for 33 years, both my
children went to school here, I work here. We chose South City 30 plus years ago because
of the charm, and beauty it offered over other cities on the Peninsula. We live over by Buri
Bur Elementary. I am a Teacher at Martin Elementary. I used to have a 7 minute commute
from my home to my classroom door. Over the last few weeks it takes me anywhere from 20
to 31minutes!!!!!!!!!!!!!!! The nightmare on Hillside with the new bike lane that no one uses,
the horrific traffic from Chestnut to Arroyo is an absolute joke. I know drive 3 miles out of my
way to go down Lawndale and go around that mess. If the MSB building goes for housing
then we are out of here and my home will be an air B&B like so many others in our
neighborhood.
PLEASE think about our aging community, the seniors need somewhere to go, the fire
station is just fine where it is at, they do not need a new one. They have a beautiful station
on N. Canal. Also since you all are focused on childcare, HELLO that is an awesome spot to
add a facility. Parking is right there, close to bart, the freeways, and according to your own
data that is a huge issue for families. It would not take what it would cost to make a new fire
station, to covert the MSB building to a child care center and senior center. I know the old
library is supposed to be a child care center, but seriously it is one way streets, that will add
lots of traffic over there. Sell that spot of land for condos, with amazing views and have cash
in your budget.
Please listen to the community. We need support for seniors, and childcare, put a wellness
center there, but a resource center there, do something that we need, not more housing. You
cannot fill the housing you have now, look at Lindenville, EMPTY, no one can afford it.
Thank you for your time.
•
Guest User at April 10, 2024 at 10:23am PDT
So I wrote this just now.
I am writing this with hopes I will reach you all. I have seen over and over how "some" people
on our council would like to tear down the MSB building in order to build more housing,
Socialized Housing? As a long time resident a home owner and a person who cares about
our city I am vehemently against this. We need this building, OUR BUILDING, for OUR
residents. This is not something that should be argued or debated. This is NOT Mayor
Coleman's building to do what he wants with because he may think it will springboard him to
some political position. Its public knowledge he wanted the city to pay for his trip to
Singapore or wherever he went to do this "research". It's also clear he as well as others on
our council do not listen to their constituent's as two that I know of have tried or did abandon
their elected position in order to take a different one. SSF is our city not yours, it's not a
stepping stone for us it's where we live and raise our kids. Its where we shop and where we
play and spend our time. Stop thinking of yourselves, putting your agenda in front of ours.
Stop putting your greed and selfishness ahead of our quality of life and our happiness. If you
cannot then you should think about something else to do other than a councilmember. If you
need to know more about how I feel don't hesitate to call me, I have no problems explaining
where I'm coming from and how I feel about the way things have gone downhill for residents
in our city in the many years I've lived here.
Phil Fioresi Sr.
•
Guest User at April 10, 2024 at 10:26am PDT
Saving the Municipal Services Building for all South San Franciscans for the Here and Now
and the Future- Charlene Rouspil
I am writing to you and asking you all to listen to the concerns of your constituents who have
relentlessly been in your presence for over many months now asking for transparency in the
plans for the Municipal Services Building at 33 Arroyo South San Francisco. I believe it is
your obligation as our representatives to hear our voices and make sure you are
communicating in a timely manner and reciprocate by acknowledging us respectfully and
honorably.
I would appreciate your attention to our concerns how important we feel it absolutely
necessary to SAVE THE MUNICIPALSERVICES BUILDING for future generations inclusive
of all ages not just for seniors. We have given you a million reasons why this building is so
important to all of us and you cannot deny that the one Senior Center on Magnolia is not
suitable or safe for seniors.
The new Civic Center Campus unfortunately due to poor planning on your parts does not
necessarily constitute an automatic emergency on our parts to be asked to park at 33 Arroyo
because there is not enough adequate parking at the LPR. Crossing the busiest intersection
of Westborough and El Camino to attend classes or events is really inexcusable and not in
the best interests of public safety which you all tout as being one of your main concerns.
We want a meeting with all South San Franciscans a Town Hall and you can reopen the
Municipal Services Building to meet the need of a safe place to gather and hold a Town Hall
regardless of whose district this is we need a meeting for everyone who wants to attend can
without issue of where to park or safely getting there?
I would like to have your response in writing and expect nothing less since we all have the
best interest of our city. I believe you all should feel an obligation to be transparent and clear
in your vision of South San Francisco and not just share with a few behind closed doors.
Sincerely,
•
Guest User at April 10, 2024 at 10:30am PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is Duyen Pham and I am a healthcare worker in South San Francisco. My husband
also works for biotech in South San Francisco. We help to finance, hold economically, and
care for the citizens of the city of South San Francisco.
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Duyen Pham
Charlene Rouspil
•
Guest User at April 10, 2024 at 10:30am PDT
City Clerk Rosa Acosta,
I have been working in South San Francisco’s Oyster Point as a scientist since January of
2022. While I have loved the infrastructure that has been built out in South City, I would
appreciate it if none of the city funds went towards supporting Israel, who has been
responsible for the ongoing genocide of Palestinians. Please end the violence and ceasefire
now. Thank you.
Michael Phan
•
Guest User at April 10, 2024 at 12:59pm PDT
City Clerk Rosa Acosta,
I am a South City voter with intergenerational ties to this city, heavily encouraging you to vote
in favor of a ceasefire resolution.
This is a moral issue given the toll that Israel's military assault and siege of Gaza has taken
on children. In the past six months, Israel killed 15,000 children, which outnumbers the total
sum of children killed by warfare around the world in the last 4 years combined. Please note,
a 15 judge panel of the International Court of Justice ruled that Israel was committing a
plausible case of genocide in Gaza.
This is a local issue, as SSF residents have direct ties to Palestine and Gaza, and some
even lost loved ones to military violence or preventable disease in Gaza.
The call for a ceasefire is a call to end war, which is a unifying issue in our community.
Sadly, some have made the call for an end to the killing of civilians into a controversy.
Council members, don’t worry, when you pass a ceasefire resolution, the controversy will
eventually pass, and you will be remembered with honor for doing the right thing.
Ceasefire now.
cr
César Rodríguez
•
Guest User at April 10, 2024 at 3:01pm PDT
City Clerk Rosa Acosta,
Dear City of South San Francisco Councilmembers,
My name is [NAME/NICKNAME] and I am [any affiliations with South San Francisco
(resident, SSFUSD student, and/or work(ed) here at any point in your life)]
I strongly encourage you to agendize and pass a resolution calling for a bilateral permanent
cease-fire in Gaza. We need an end to this humanitarian crisis and a bilateral cease-fire
resolution would ensure the sanctity for ALL people. This is not a political stance. We are
here to just ask you all to push for a stop to this destruction and allow humanitarian aide to
enter . Again, I ask you to listen with an open heart and help us by agendizing a resolution
calling for an enduring ceasefire in Gaza.
Thank you for your time,
Nicki Aquino
•
Guest User at April 10, 2024 at 3:55pm PDT
Dear Council,
I have learned of a plan underway to potentially tear down the Municipal Service Building on
Arroyo to make way for future expansion of multi-use space within South San Francisco. On
its face, a plan to address the evolving needs of our city is a laudable one.
However, I wish to express my strong support of preserving the municipal service building in
our Buri Buri neighborhood.
• It is a fully functional and operationally sound facility
• It was built and remodeled decades ago; building a similar community facility today or
tomorrow would be at a multiple of its original build cost
• Admittedly biased, I am proud Buri Buri is one of the great neighborhoods in South San
Francisco because of its parks, neighborhood walkability, a place of worship on my block, a
terrific elementary school, and until recently a great community center with great parking, at
ground level, and within easy walking distance, too.
• A reduction in community facilities that can serve our diverse and growing community for
the next decades seems misaligned.
As a 20+ year SSF residence, my family has used the facility in the following ways:
• Held major family parties in the large event hall
• My husband’s parents regularly attended the senior center before its closure.
• Their attempt to use the facilities on Magnolia presented several logistical challenges so
they stopped using any of the services at that location.
• My grandchildren have attended many of the City courses, including the pre-K class
• It’s our voting center and a gathering place for special events (Halloween, etc.)
My family firmly believes that healthy and thriving communities require evolution – and
creating greater home affordability options is commendable. WE are SSF, too, and also
firmly believe that great neighborhoods thoughtfully serve its diverse community. I add my
name to the list of residents who say, SAVE THE MSB!
Sincerely,
Luana Katherine Kala Acosta
South San Francisco resident
•
Guest User at April 10, 2024 at 4:10pm PDT
Dear Council,
I have learned of a plan underway to potentially tear down the Municipal Service Building on
Arroyo to make way for future expansion of multi-use space within South San Francisco. On
its face, a plan to address the evolving needs of our city is a laudable one.
However, I wish to express my strong support of preserving the municipal service building in
our Buri Buri neighborhood.
• It is a fully functional and operationally sound facility
• It was built and remodeled decades ago; building a similar community facility today or
tomorrow would be at a multiple of its original build cost
• Admittedly biased, I am proud Buri Buri is one of the great neighborhoods in South San
Francisco because of its parks, neighborhood walkability, a place of worship on my block, a
terrific elementary school, and until recently a great community center with great parking, at
ground level, and within easy walking distance, too.
• A reduction in community facilities that can serve our diverse and growing community for
the next decades seems misaligned.
As a 20+ year SSF residence, my family has used the facility in the following ways:
• Held major family parties in the large event hall
• My husband’s parents regularly attended the senior center before its closure.
• Their attempt to use the facilities on Magnolia presented several logistical challenges so
they stopped using any of the services at that location.
• My grandchildren have attended many of the City courses, including the pre-K class
• It’s our voting center and a gathering place for special events (Halloween, etc.)
My family firmly believes that healthy and thriving communities require evolution – and
creating greater home affordability options is commendable. WE are SSF, too, and also
firmly believe that great neighborhoods thoughtfully serve its diverse community. I add my
name to the list of residents who say, SAVE THE MSB!
Sincerely,
Luana Katherine Kala Acosta
ID Start time 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 4/10/24 18:14:49 Gi Jariya Yes / Si n/a
2 4/10/24 16:09:38 Sam Chetcuti Yes / Si Other
3 4/10/24 18:18:36 Tom Carney Yes / Si No pubic comments
4 4/10/24 18:19:36 DeVante Yes / Si N/A
5 4/10/24 18:19:42 Key Yes / Si N/a
6 4/10/24 18:19:30 Cynthia Marcopulos Yes / Si Na
7 4/10/24 18:19:43 Jacob Yes / Si N/A
8 4/10/24 18:20:06 Barbara Erhard Yes / Si Na
9 4/10/24 18:20:10 Izzy R. Yes / Si N/a
10 4/10/24 18:20:12 Stephanie Yes / Si N/a
11 4/10/24 18:20:29 Cory David Yes / Si Na
12 4/10/24 18:20:46 Fuad Yes / Si N/a
13 4/10/24 18:20:50 John Tuvo Yes / Si Na
14 4/10/24 18:21:15 Cory David Yes / Si Na
15 4/10/24 18:21:36 Charlene Rouspil Yes / Si Na
16 4/10/24 18:22:10 Amber Yes / Si Not on the agenda
17 4/10/24 18:19:19 Cindy Pham Yes / Si N/A
18 4/10/24 18:23:14 Keliana Yes / Si 0
19 4/10/24 18:19:36 Hibah Yes / Si N/A
20 4/10/24 18:20:37 Mandy R. Yes / Si Ceasefire resolution
21 4/10/24 18:33:14 Justin Yes / Si 0
22 4/10/24 18:34:51 Eddy Holman Yes / Si N/A
23 4/10/24 18:34:54 Marcela Yes / Si N/A
24 4/10/24 18:35:06 César Yes / Si Ceasefire now
25 4/10/24 18:35:35 Russ Yes / Si N/A
26 4/10/24 18:37:53 Liliana Yes / Si N/a
27 4/10/24 18:39:08 Rami A Yes / Si NA
28 4/10/24 18:43:05 Peggy Deras
29 4/10/24 18:48:39 katrina Yes / Si agendize a ceasefire
30 4/10/24 18:52:55 Nancy Yes / Si 0
31 4/10/24 18:57:37 Valeria Yes / Si Ceasefire
32 4/10/24 18:58:02 Alfredo Yes / Si Public comment
33 4/10/24 18:56:31 Maryam Yes / Si N/A
34 4/10/24 19:10:02 Jay K.Yes / Si NA
35 4/10/24 19:18:00 Nicole Han Yes / Si N/a
36 4/10/24 19:29:19 Andrew Yes / Si N/a
37 4/10/24 19:58:28 Nick Occhipinti Yes / Si
38 4/10/24 20:23:33 Maha No 0