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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): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council 3) Zoom meeting (viewing/listening only): https://ssf-net.zoom.us/j/88636346631(Enter your email and name) Webinar ID: 886 3634 6631 Join by Telephone: +1 669 900 6833 How to submit written Public Comment before the City Council Meeting: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:30 p.m. on the meeting date. Use the eComment portal by clicking on the following link : https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER During a meeting, comments can only be made in person: Complete a Digital Speaker Card located at the entrance to the Council Chambers. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Page 2 City of South San Francisco Printed on 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 powered by Legistar™6 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 powered by Legistar™8 Property Tax in-lieu of Vehicle License Fee (VLF) Shortfall Overview April 10, 2024 9 •County •Cities •Special Districts School Districts 1%General Levy Local Property Tax Apportionment 10 Sc h o o l Di s t r i c t B Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t D K -12 School District Funding Sc h o o l Di s t r i c t A 11 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t B Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t D K -12 School District Funding Sc h o o l Di s t r i c t A 12 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t B Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t D K -12 School District Funding Sc h o o l Di s t r i c t A 13 •County •Cities •Special Districts School Districts 1%General Levy ERAF (Education Revenue Augmentation Fund) 14 •County •Cities •Special Districts School Districts 1%General Levy ERAF (Education Revenue Augmentation Fund) ERAF 15 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t B Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t D K -12 School District Funding -ERAF Sc h o o l Di s t r i c t A 16 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D K -12 School District Funding -ERAF Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B ERAF ERAF ERAF 17 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Key Factors for a School District Turning Basic Aid Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B 18 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Key Factors for a School District Turning Basic Aid Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B 19 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Key Factors for a School District Turning Basic Aid Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B 20 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Key Factors for a School District Turning Basic Aid Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B 21 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Key Factors for a School District Turning Basic Aid Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C ERAF Sc h o o l Di s t r i c t B ERAF 22 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 23 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D In-Lieu VLF Funding Sources Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B ERAF ERAF ERAF 24 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D In-Lieu VLF Funding Sources Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B ERAF ERAF ERAF VLF In-Lieu VLF In-Lieu VLF In-Lie u 25 LCFF (Local Control Funding Formula) Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D In-Lieu VLF Funding Sources Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B ERAF ERAF ERAF VLF In-Lieu VLF In-Lieu VLF In-Lie u 26 Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Sc h o o l Di s t r i c t Vehicle License Fee Shortfall Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t B ERAF 4010 ERAF 30 10 20 10 ERAF VLF Funding Example 1: VLF Obligation –$110M Available Sources -$120M 27 Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Vehicle License Fee Shortfall Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t B ERAF ERAF Sc h o o l Di s t r i c t C 28 Non-Basic Aid Districts Basic Aid Districts Sc h o o l Di s t r i c t D Vehicle License Fee Shortfall Sc h o o l Di s t r i c t A Sc h o o l Di s t r i c t B VLF In-Lieu VLF In-Lieu Sc h o o l Di s t r i c t C Sc h o o l Di s t r i c t C ERAF 4010 ERAF 30 ERAF10 20 10 VLF Funding Example 2: VLF Obligation -$110M Available Sources -$70M Shortfall:$40M 29 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 31 Ag e n c y 20 2 3 20 2 4 20 2 5 20 2 6 20 2 7 20 2 8 20 2 9 20 3 0 20 3 1 20 3 2 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 powered by Legistar™33 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 powered by Legistar™40 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 City of South San Francisco Printed on 4/5/2024Page 1 of 2 powered by Legistar™41 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. City of South San Francisco Printed on 4/5/2024Page 2 of 2 powered by Legistar™42 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 City of South San Francisco Printed on 4/11/2024Page 1 of 2 powered by Legistar™43 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 powered by Legistar™44 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 City of South San Francisco Printed on 4/5/2024Page 1 of 2 powered by Legistar™45 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 powered by Legistar™46 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 City of South San Francisco Printed on 4/11/2024Page 1 of 3 powered by Legistar™47 File #:24-256 Agenda Date:4/10/2024 Version:1 Item #:6a. 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. City of South San Francisco Printed on 4/11/2024Page 2 of 3 powered by Legistar™48 File #:24-256 Agenda Date:4/10/2024 Version:1 Item #:6a. ***** City of South San Francisco Printed on 4/11/2024Page 3 of 3 powered by Legistar™49 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 City of South San Francisco Printed on 4/5/2024Page 1 of 3 powered by Legistar™50 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. City of South San Francisco Printed on 4/5/2024Page 2 of 3 powered by Legistar™51 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 City of South San Francisco Printed on 4/5/2024Page 3 of 3 powered by Legistar™52 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. City of South San Francisco Printed on 4/11/2024Page 1 of 2 powered by Legistar™54 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. ***** City of South San Francisco Printed on 4/11/2024Page 2 of 2 powered by Legistar™55 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 1Page of 7Program Supplement 04-5177F15-F033- ISTEA 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. 2Page of 7Program Supplement 04-5177F15-F033- ISTEA 57 SPECIAL COVENANTS OR REMARKS 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. 3Page of 7Program Supplement 04-5177F15-F033- ISTEA 58 SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF BRLS-5177(049) 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. 4Page of 7Program Supplement 04-5177F15-F033- ISTEA 59 SPECIAL COVENANTS OR REMARKS 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 5Page of 7Program Supplement 04-5177F15-F033- ISTEA 60 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 6Page of 7Program Supplement 04-5177F15-F033- ISTEA 61 SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF BRLS-5177(049) 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). 7Page of 7Program Supplement 04-5177F15-F033- ISTEA 62 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 City of South San Francisco Printed on 4/5/2024Page 1 of 2 powered by Legistar™63 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 powered by Legistar™64 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 powered by Legistar™65 File #:23-746 Agenda Date:12/13/2023 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 City of South San Francisco Printed on 12/8/2023Page 2 of 4 powered by Legistar™66 File #:23-746 Agenda Date:12/13/2023 Version:1 Item #:18. 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 City of South San Francisco Printed on 12/8/2023Page 3 of 4 powered by Legistar™67 File #:23-746 Agenda Date:12/13/2023 Version:1 Item #:18. 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. City of South San Francisco Printed on 12/8/2023Page 4 of 4 powered by Legistar™68 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. PLHA Page 3 302(c)(4) Plan DR A F T 77 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 powered by Legistar™78 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 City of South San Francisco Printed on 4/11/2024Page 2 of 3 powered by Legistar™79 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. ***** City of South San Francisco Printed on 4/11/2024Page 3 of 3 powered by Legistar™80 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. ***** City of South San Francisco Printed on 4/11/2024Page 1 of 1 powered by Legistar™81 144\324\2797026.2 1 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 82 144\324\2797026.2 2 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. 83 144\324\2797026.2 3 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 84 144\324\2797026.2 4 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, 85 144\324\2797026.2 5 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 86 144\324\2797026.2 6 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. 87 144\324\2797026.2 7 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 88 144\324\2797026.2 8 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 89 144\324\2797026.2 9 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 90 144\324\2797026.2 10 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. 91 144\324\2797026.2 11 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: _______________________________ 92 A–1 144\324\2797026.2 EXHIBIT A Legal Description of Property 93 B–1 144\324\2797026.2 EXHIBIT B Form of Promissory Note 94 B–2 144\324\2797026.2 EXHIBIT C Form of Deed of Trust 95 B–3 144\324\2797026.2 EXHIBIT D Form of Regulatory Agreement 96 B–4 144\324\2797026.2 EXHIBIT E Predevelopment Budget 97 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 powered by Legistar™98 144\324\2797026.2 1 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). 99 144\324\2797026.2 2 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. 100 144\324\2797026.2 3 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 101 144\324\2797026.2 4 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. 102 144\324\2797026.2 5 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 103 144\324\2797026.2 6 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 104 144\324\2797026.2 7 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; 105 144\324\2797026.2 8 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; 106 144\324\2797026.2 9 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 107 144\324\2797026.2 10 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. 108 144\324\2797026.2 11 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. 109 144\324\2797026.2 12 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: _______________________________ 110 A–1 144\324\2797026.2 EXHIBIT A Legal Description of Property 111 B–1 144\324\2797026.2 EXHIBIT B Form of Promissory Note 112 B–2 144\324\2797026.2 EXHIBIT C Form of Deed of Trust 113 B–3 144\324\2797026.2 EXHIBIT D Form of Regulatory Agreement 114 B–4 144\324\2797026.2 EXHIBIT E Predevelopment Budget 115 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