Loading...
HomeMy WebLinkAbout09.11.2024@630 Regular CCWednesday, September 11, 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 September 11, 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/Video-Streaming-City-and-Council-Meetings/City-Council 3) https://www.youtube.com/@CityofSouthSanFrancisco/streams 4) Zoom meeting (streaming only): https://ssf-net.zoom.us/j/88636346631 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 9/12/2024 2 September 11, 2024City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Certificate of Recognition to Nelly Santana of Nelly’s Bridal Boutique. (James Coleman, Mayor) 1. Certificate of Recognition Celebrating The Garden Club’s 60th Anniversary. (James Coleman, Mayor) 2. Proclamation recognizing September as National Suicide Prevention Awareness Month. (James Coleman, Mayor) 3. Proclamation celebrating Hispanic Heritage Month September 15 - October 15, 2024. (James Coleman, Mayor) 4. Proclamation celebrating the 237th Anniversary of the United States Constitution during the week of September 17 - 23, 2024. (James Coleman, Mayor) 5. Presentation by Cal Water on their Residential Water Rate Restructure. (Kevin Williams, Operations Manager) 6. Presentation from Caltrain on electrification and more. (Isabella Conferti, Government and Community Affairs Specialist) 7. COUNCIL COMMENTS/REQUESTS Page 3 City of South San Francisco Printed on 9/12/2024 3 September 11, 2024City Council Regular Meeting Agenda 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 4:30 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 August 27, 2024, and August 28, 2024. (Rosa Govea Acosta, City Clerk) 8. Report regarding a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 29-Day Vote Center at the Main Library, Library | Parks and Recreation Center, for the November 5, 2024 Presidential General Election and amending the Library Department’s Fiscal Year 2024-25 Operating Budget via Budget Amendment Number 25.013. (Valerie Sommer, Library Director) 9. Resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 29-Day Vote Center at the Main Library, Library | Parks and Recreation Center, for the November 5, 2024 Presidential General Election and approving Budget Amendment Number 25.013. 9a. Report regarding a resolution to approve a Second Amendment with CSS Environmental Services, Inc. of Novato, California, for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $257,039 for an additional two years, authorizing a total budget of $949,139, and authorizing the City Manager to execute the agreement. (Amanda Parker, Management Analyst I) 10. Page 4 City of South San Francisco Printed on 9/12/2024 4 September 11, 2024City Council Regular Meeting Agenda Resolution approving a Second Amendment to the Consulting Services Agreement with CSS Environmental Services, Inc. of Novato, California, for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $257,039 for an additional two years, authorizing a total budget of $949,139, and authorizing the City Manager to execute the agreement. 10a. Report regarding a resolution authorizing the City Manager to enter into a services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378 for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program (ELOP) for the 2024-2025 school year. (Angela Duldulao, Deputy Director of Parks and Recreation) 11. Resolution authorizing the City Manager to enter into a services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378 for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program for the 2024-2025 school year. 11a. Report regarding an ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. (Rich Lee, Assistant City Manager; Kimia Mahallati, Assistant City Attorney) 12. Ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. 12a. Report regarding a second reading and adoption of an ordinance amending Chapter 8.72 of the Disposable Foodservice Ware Ordinance to prohibit the sale of polystyrene foam products. (Christina Fernandez, Deputy City Manager) 13. Ordinance amending Chapters 8.72 of the South San Francisco Municipal Code to prohibit the retail sale of polystyrene. 13a. Report regarding a resolution approving and authorizing the City Manager to execute a fifteen-year lease agreement with New Cingular Wireless PCS, LLC for the construction of a wireless communication facility at 323 Miller Avenue and authorizing the City Manager to approve the agreement. (Tony Barrera, Director of Information Technology) 14. Resolution approving a fifteen-year lease agreement with New Cingular Wireless PCS, LLC., for the construction of a wireless communication facility at 323 Miller Avenue and authorizing the City Manager to execute the lease agreement. 14a. Page 5 City of South San Francisco Printed on 9/12/2024 5 September 11, 2024City Council Regular Meeting Agenda Report regarding a resolution approving the City Council’s response to the San Mateo County Civil Grand Jury Report, dated July 11, 2024, entitled, “The State of Compost Compliance in San Mateo County” and authorizing the City Manager to send the response letter on behalf of the City Council. (Marissa Garren, Public Works Management Analyst II) 15. Resolution approving the City Council’s response to the San Mateo County Civil Grand Jury Report, dated July 11, 2024, entitled, “The State of Compost Compliance in San Mateo County” and authorizing the City Manager to send the response letter on behalf of the City Council. 15a. ADMINISTRATIVE BUSINESS Report regarding the formation of the Eastern Neighborhoods CFD. (Christina Fernandez, Deputy City Manager; Jason Wong, Deputy Finance Director; Noah Christman, Lighthouse Public Affairs; Brian Forbath, Stradling Law; Susan Goodwin, Goodwin Consulting Services) 16. Report regarding an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction" of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. (Marissa Garren, Public Works Management Analyst II) 17. Ordinance amending Chapter 8.27 “Mandatory Organic Waste Disposal Reduction” of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. 17a. Report regarding awarding a construction contract to Bayside Stripe & Seal, Inc. of Petaluma, California for the Citywide School Traffic Safety Improvement Project (No. st2402, Bid No. 2694) in an amount not to exceed $677,930, authorizing a total construction contract authority budget of $745,723. (Jeffrey Chou, Senior Civil Engineer) 18. Resolution awarding a construction contract to Bayside Stripe & Seal, Inc. of Petaluma, California for the Citywide School Traffic Safety Improvement Project (No. ST2402, Bid No. 2694) in an amount not to exceed $677,930, authorizing a total construction contract authority budget of $745,723, and authorizing the City Manager to execute the agreement on behalf of the City. 18a. Report regarding awarding a construction contract to G. Bortolotto & Company, Inc. of San Carlos, California for the 2024 Concrete and Base Repair Project (Project No. st2402, Bid No. 2696) in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80. (Audriana Hossfeld, Senior Civil Engineer) 19. Page 6 City of South San Francisco Printed on 9/12/2024 6 September 11, 2024City Council Regular Meeting Agenda Resolution awarding a construction contract to G. Bortolotto & Company, Inc. of San Carlos, California for the 2024 Concrete and Base Repair Project (Project No. st2402, Bid No. 2696) in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80, authorizing the City Manager to execute the agreement on behalf of the City. 19a. Report regarding a resolution authorizing the City of South San Francisco’s application for $5,000,000 from the State of California’s Local Housing Trust Fund Program and a resolution approving funding commitment letters for Rotary Gardens and 1051 Mission Road. (Nell Selander, Economic & Community Development Director) 20. Resolution of the City Council of the City of South San Francisco authorizing the City’s application to the State of California’s Local Housing Trust Fund Program for $5,000,000 to support affordable housing production within the City. 20a. Resolution of the City Council of the City of South San Francisco approving Letters of Intent to fund two affordable rental housing projects with Local Housing Trust Fund funds, if awarded. 20b. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS CLOSED SESSION 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 21. ADJOURNMENT Page 7 City of South San Francisco Printed on 9/12/2024 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-897 Agenda Date:9/11/2024 Version:1 Item #:1. Certificate of Recognition to Nelly Santana of Nelly’s Bridal Boutique.(James Coleman, Mayor) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™8 CITY OF SOUTH SAN FRANCISCO Certificate of Recognition NELLY SANTANA The City Council of South San Francisco does hereby thank you and Nelly’s Bridal Boutique for your kindness, generosity, and for supporting someone in their time of need. You are an inspiration to our community! Presented on this 11th day of September 2024 by the City Council of South San Francisco. James Coleman, Mayor District 4 Eddie Flores, Vice Mayor District 5 Mark Addiego, Councilmember District 1 Buenaflor Nicolas, Councilmember District 3 Mark Nagales, Councilmember District 2 9 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-906 Agenda Date:9/11/2024 Version:1 Item #:2. Certificate of Recognition Celebrating The Garden Club’s 60 th Anniversary.(James Coleman, Mayor) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™10 CITY OF SOUTH SAN FRANCISCO Certificate of Recognition THE GARDEN CLUB The City Council of South San Francisco does hereby congratulate Sal Vitale and The Garden Club Restaurant and Bar Team on your 60th Anniversary! Wishing you many more enjoyable years to come. You are an inspiration to our community! Presented on this 11th day of September 2024 by the City Council of South San Francisco. James Coleman, Mayor District 4 Eddie Flores, Vice Mayor District 5 Mark Addiego, Councilmember District 1 Buenaflor Nicolas, Councilmember District 3 Mark Nagales, Councilmember District 2 11 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-813 Agenda Date:9/11/2024 Version:1 Item #:3. Proclamation recognizing September as National Suicide Prevention Awareness Month.(James Coleman, Mayor) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™12 Dated: September 11, 2024 IN RECOGNITION OF SEPTEMBER AS NATIONAL SUICIDE PREVENTION AWARENESS MONTH WHEREAS, September is known around the United States as National Suicide Prevention Awareness Month when mental health advocates, prevention organizations, survivors, allies, and community members unite to promote suicide prevention awareness and the 2024 theme is “Love Over Loneliness”; and WHEREAS, the City of South San Francisco will join the country, state and county in honoring Suicide Prevention Month in September, National Suicide Prevention Week (Sept 8-14) and World Suicide Prevention Day (Sept 10) to spread the message that suicide can be prevented. We believe suicide is not inevitable for anyone, and by starting conversations, providing support, and directing help to those who need it, we can prevent suicides and save lives; and WHEREAS, in 2023, 65 people died by suicide in San Mateo County and 16,568 calls were received by the San Mateo County Crisis Line (run by Star Vista Crisis Center), including 1,033 (6%) calls which were routed through 988; and WHEREAS, the South San Francisco community is urged to play a role in supporting each other and preventing suicide by knowing the signs of suicide, finding the words of support and reaching out to local resources such as dialing or texting 988 or contacting National Alliance on Mental Illness (NAMI); and WHEREAS, evidence shows that providing support services, talking about suicide, reducing access to means of self-harm, and preventing loneliness by following up with loved ones, we can help others; and WHEREAS, it is essential that we educate residents about suicide, mental health and substance abuse problems and the ways they affect all people in the community; and WHEREAS, the City of South San Francisco continues what began as the Community Wellness and Crisis Response Team pilot program in San Mateo County to incorporating a mental health clinician from StarVista within the South San Francisco Police Department’s service model to provide improved emergency response to individuals experiencing behavioral health crises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby proclaim September as National Suicide Prevention Awareness Month and we are united in raising awareness that prevention is possible, treatment is effective, and people do recover. ________________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 13 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-833 Agenda Date:9/11/2024 Version:1 Item #:4. Proclamation celebrating Hispanic Heritage Month September 15 - October 15, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™14 Dated: September 11, 2024 IN RECOGNITION OF NATIONAL HISPANIC HERITAGE MONTH WHEREAS, National Hispanic Heritage Month began as a way to promote the history, culture, and contributions of Hispanic Americans – specifically those whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and WHEREAS, Hispanic Heritage Month started in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson and was expanded to cover a thirty-day period starting on September 15 and ending on October 15. Hispanic Heritage Month was enacted into law on August 17, 1988, on the approval of Public Law 100-402; and WHEREAS, the day of September 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18 respectively; and WHEREAS, this year’s theme is “Pioneers of Change: Shaping the Future Together” which celebrates the achievements and contributions of Hispanic Americans who have inspired others to succeed; and WHEREAS, one in five, or sixty-two million Americans identify as Hispanic, making Hispanics the largest ethnic minority. By the year 2060, 27.5% of America’s population will be Hispanic; and WHEREAS, Hispanic Americans have been integral to the prosperity of the United States. As legislators, artists, judges, farmworkers, musicians, and activists, their contributions to the nation are immeasurable, and they embody the best of American values; and WHEREAS, Hispanic Americans have enhanced and shaped our national character with centuries-old traditions that reflect the multi-ethnic and multicultural customs of their communities, while adding their own distinct and dynamic perspectives to the story of our country. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize September 15 – October 15, 2024, as National Hispanic Heritage Month - a time to reflect on and celebrate the Hispanic American community and how it has left an indelible mark on the U.S. culture and economy. _______________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 15 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-832 Agenda Date:9/11/2024 Version:1 Item #:5. Proclamation celebrating the 237th Anniversary of the United States Constitution during the week of September 17 - 23, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™16 Dated: September 11, 2024 IN RECOGNITION OF CONSTITUTION WEEK SEPTEMBER 17 – 23, 2024 WHEREAS, September 17, 2024, marks the two hundred and thirty-seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby proclaim the week of September 17 through 23 as Constitution Week and ask our community to reaffirm the ideals of the Framers of the constitution in 1787 by protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never to regained. ________________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 17 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-810 Agenda Date:9/11/2024 Version:1 Item #:6. Presentation by Cal Water on their Residential Water Rate Restructure.(Kevin Williams, Operations Manager) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™18 California Water Service Investing in our Communities Sept. 11, 2024 19 Cal Water: History, Expertise, Scale 2 •Formed in 1926, nearly 100 years of experience •Service areas across CA •Serve more than two million Californians through almost 500,000 service connections •More than 80 billion gallons of water annually 20 3 Beijing New York 6,500+ miles of water main To Cal Water: History, Expertise, Scale 21 Cal Water in South San Francisco •Part of this community since 1931 •68 local employees with 599 years of combined professional experience and 117 professional certifications •Population served = more than 64,000 people •16,484 service connections 4 22 Cal Water in South San Francisco 5 •160 miles of main •6 ground water wells •13 storage tanks •1 groundwater treatment plants •Approximately 1,500 fire hydrants 23 Cal Water in South San Francisco 6 •Local partnership with South San Francisco Chamber of Commerce •South San Francisco Chamber of Commerce Education Foundation Scholarship sponsor •Annual business awards event sponsor •Taste of South San Francisco Sponsor •On the Board of Directors DRAFT 24 Infrastructure Improvement Plan 25 Where each dollar goes 8 26 Safe, clean, reliable drinking water = our top priority •500,000+ water quality tests in CA per year •12,684 water quality tests here in 2023 •Monitoring for more than 230 substances •Among the safest water in the nation •Our customers pay about a penny per gallon 9 27 Proactive, Ongoing Maintenance and Improvements = Safer Communities •Cal Water invested $1.5 billion statewide in infrastructure from 2013 to 2022 to ensure the continued safety and reliability of water systems – more than any water company in the state •We invested more than $145 million here in our Bayshore District infrastructure over that same horizon •We propose to invest an additional $141 million in this next cycle 10 28 Making Our Communities Safer Proactive, ongoing maintenance and upgrades, such as: •Wildfire protection and emergency preparedness (e.g., maintaining fire hydrants and generators) •Seeking to prevent sinkholes, or hospitals from losing water •Proactively addressing impacts of climate change (e.g., sustainability, wildfire resilience, flood protection) 11 DRAFT 29 Preventing Small, Manageable Problems from Getting Worse •Maintenance and upgrades prevent bigger, more expensive problems •Already delayed some improvements over the last decade to help keep costs affordable and minimize the impact on customers during the pandemic •Our proposed upgrades now will help keep costs lower in the long run, and help prevent things from becoming more expensive to fix later 12 DRAFT 30 13 •Storage tank redesign and tank improvements •Automated Metering Infrastructure •Brackish water study •Valve and pump replacements •Proposed 81,000 feet of main replacement DRAFT Investing in Our System to Provide Safe, Clean Water 31 Transparent Process 14 •Committed to being transparent with our customers and providing information in real time •Proposed Infrastructure Improvement Plan (IIP) will affect customer bills, and we are proactive in our communications with customers regarding the IIP and any bill changes 32 Transparent Process 15 •As submitted, customers will see a +1.4¢ per day increase in 2026 •We’ll also continue to promote our existing customer bill assistance programs and conservation programs 33 Conservation is a way of life •Rebates •High-efficiency toilet rebate (Up $50) •High-efficiency clothes washer rebate (Up to $150) •Smart irrigation controller rebate (Up to $125) •High-efficiency sprinkler nozzle rebate (up to $5 per nozzle) •Lawn-to-garden (turf replacement) rebate ($3 per sq ft. up 1,500 sq ft.) •Smart Landscape Tune-up Program (landscape site evaluation) 16 34 Rate structure Previous •Service charge $26.77 •1-7 CCF per CCF $7.2380 •8-10 CCF per CCF $9.0458 •>10 CCF per CCF$13.5652 17 Current •Service charge $29.09 •1-6 CCF per CCF $3.4509 •7-9 CCF per CCF $13.7316 •10-13 CCF per CCF $17.1585 •>13 per CCF $25.7257 35 Transparent Process •Rates are set by independent experts every three years, not by Cal Water •All proposed infrastructure improvements and other costs are thoroughly vetted by the California Public Advocates Office •The Public Advocate’s mission is to “obtain the lowest possible rate for service consistent with reliable and safe service levels” •And that is our goal, too 18 36 Here for You There are multiple ways for Cal Water customers to reach out to us: •24/7 emergency support •At -home service, 5 days per week •Connect with your local team 7am-7pm by phone •Calwater.com/IIP for more info on our proposed Infrastructure Improvement Plan 19 37 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-768 Agenda Date:9/11/2024 Version:1 Item #:7. Presentation from Caltrain on electrification and more.(Isabella Conferti, Government and Community Affairs Specialist) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™38 South San Francisco City CouncilSeptember 11, 2024 Caltrain Electrification + City Partnerships 39 Caltrain Context •77 miles of track from end to end •31 stations •Bi-directional commute •41 at-grade crossings •Financial Challenges •Pre-pandemic 73% farebox recovery (nation leading) •Today: 23% farebox recovery (facing upcoming average $77M annual deficit) 240 Ridership Growth / Cost Containment •Board Adopted Equity, Growth, and Recovery Policy •Revised schedule: Standardize, focused on more midday, evening and weekend service (diversify ridership) •Regional Coordination: Coordinated transfers, better signage Millbrae, GM group, Bay Pass participation, Clipper Start, fare integration •City Partnerships and toolkit: www.caltrain.com/citypartnership •Pass Forward Program: Bringing in new riders by providing free passes for low- income and equity priority community riders •Customer Experience/Fare Changes: $1 youth pass;300 new bicycle eLockers, new ticket options, new visual display signs being installed, station work, positive brand recognition •Cost Containment: Smaller trainsets, scheduling efficiencies, reduced overtime, internal efficiency programs •Electrification Planned September 21, 2024 41 Transformational Moment Caltrain is the oldest continuously operating passenger railroad in the West (160 years) Steam 1864 Diesel 1950s Electric 2024 7 First time in a generation any US system fully converted from diesel to electric system 42 INSTRUCT IONSKey Milestones Complete: •Foundations (3,000+) •Poles (2,500+) •Traction Power Facilities (10) •Overhead Wire (2.5 million feet) •Upgraded the Signal System San Francisco to San Jose (31 at grade crossings) •12 trainsets delivered (more coming) •Over 1,000 First Responders Trained •Soft Launch (August 2024) Upcoming: •Additional trainsets and testing (Throughout 2024) •Fully Electric Passenger Service: September 21, 2024 543 Public Train Tours –12,000 People (San Jose,San Francisco;San Carlos) 44 7 Electrified Service Plan Benefits Express from SF to SJ in under an hour Quicker local service, 77 minutes instead of 100 Save more than 20 minutes on trips from Southern Santa Clara County to SF Ride More, Wait Less First Class for Everyone Clean and Green Schedule at caltrain.com/go 7 Improves local air quality Quieter trains, both onboard and off Free Wi-Fi Smoother, quieter experience Outlets at every seat Digital trip information onboard Spacious, accessible bathrooms 20% more train service 26% more train service at equity priority stations Half-hourly service during weekends and off-peak Get There Faster 45 Electrified Service Plan South San Francisco 8 Weekday Schedule: www.caltrain.com/media/33909 Weekend Schedule:www.caltrain.com/media/33908 46 City Fact Sheets www.caltrain.com/servicebenefits 47 Public Outreach Safety Campaign •Community Meetings •Residential Mailers •Onboard Outreach •School Campaign •Public Service Announcements •Right-of-way outreach Safety Video at caltrain.com/safety Right-of-Way Flyer Residential Mailer 1048 11 •Main Events: o Palo Alto Station Sept 21 2pm - 6pm o San Mateo Station Sept 22 2pm - 6pm •Additional events at every city along the corridor •100% Electric fleet from San Francisco to San Jose •Faster, More Frequent Schedule •Free Caltrain Rides Celebrations - September 21 & 22 www.caltrain.com/launchparty South San Francisco Station, Saturday, Sept. 20 from 9am-10am •Karyl Matsumoto Plaza Dedication •Erik Jekabson Jazz Quintet 49 City Partnership/Toolkit 50 Vital Role of Caltrain -City Partnerships The ability of Caltrain to sustain and expand service will depend in large part on cities actively supporting expansion of ridership to groups beyond Caltrain’s traditional core riders. 51 Caltrain -City Partnership Toolkit In partnership we can increase transit ridership and: ●Reduce traffic and parking demand ●Support downtown recovery (vibrancy and tax revenues) ●Improve employee recruitment and retention ●Incentivize workers to return to the office ●Reduce Greenhouse Gas Emissions ●More Info at: caltrain.com/citypartnership Creating vibrant, diverse, people-centered communities where people gather, work and connect 1452 ●City Worker Go Passes ●Transportation Demand Management ●Development Agreements ●Local Ordinances ●Transportation Management Association ●Station Access ●Parking Management ●Transit Oriented Development Partnership Models 1553 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-890 Agenda Date:9/11/2024 Version:3 Item #:8. Motion to approve the Minutes for August 27, 2024, and August 28, 2024. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 9/12/2024Page 1 of 1 powered by Legistar™54 ID Start time Completion 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 9/11/24 15:05:30 9/11/24 18:16:00 Katherine Acosta Yes / Si Na 6 9/11/24 18:22:03 9/11/24 18:22:38 Cynthia Marcopulos Yes / Si Na 7 9/11/24 18:23:15 9/11/24 18:24:49 Charlene Rouspil Yes / Si No 8 9/11/24 18:25:00 9/11/24 18:25:37 Carilee Yes / Si No 9 9/11/24 18:25:44 9/11/24 18:26:07 Cory David Yes / Si Na 10 9/11/24 18:34:31 9/11/24 18:35:41 Dolores piper Yes / Si No 11 9/11/24 18:42:55 9/11/24 18:44:01 Olga Pérez Yes / Si No 11 9/11/24 18:42:55 9/11/24 18:44:01 Fionnola Villamejor Yes / Si No 2 9/11/24 18:17:32 9/11/24 18:18:35 Tom Carney No 5 3 9/11/24 18:18:38 9/11/24 18:19:00 Mike Harris No 5 3 9/11/24 18:18:38 9/11/24 18:19:00 Mike Harris No 7 5 9/11/24 18:20:22 9/11/24 18:21:54 Tom Carney Yes / Si 10; 11; 12; 14;15, 11 9/11/24 18:42:55 9/11/24 18:44:01 Fionnola Villamejor Yes / Si 16 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 AGENDA REVIEW None. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. None. ADMINISTRATIVE BUSINESS 1. Report regarding Boards and Commissions interviews and appointments to the Bicycle and Pedestrian Advisory Committee, Cultural Arts Commission, Equity and Public Safety Commission, Housing Authority, Library Board, Measure W Citizens’ Oversight Committee, and Youth Commission. (Rosa Govea Acosta, City Clerk). Deputy City Clerk Sarah Harper presented the report and introduced candidates. The council interviewed applicants for Multiple Positions. a) Interview Applicants for Multiple Positions: 6:30 p.m. Sam Chouli – Interviewed at 6:43 p.m. (late arrival) 6:40 p.m. Ruby Harrison – Interviewed at 6:30 p.m. 6:50 p.m. Anita Bawa – Interviewed at 6:55 p.m. 7:00 p.m. Jamie Rey – Interviewed at 7:01 p.m. The council interviewed applicants Harrison, Chouli, Bawa and Rey. b) Interview Applicants for Bicycle and Pedestrian Advisory Committee: 7:10 p.m. Mark Kim –Interviewed at 7:39 p.m. (late arrival) 7:20 p.m. Denni Harp – Interviewed at 7:10 p.m. 7:30 p.m. Carlos Moreno – Interviewed at 7:30 p.m. The council interviewed applicants Harp, Moreno, and Kim. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, AUGUST 27, 2024 6:30 p.m. City Hall - City Manager Conference Room 400 Grand Avenue, South San Francisco, CA 55 SPECIAL CITY COUNCIL MEETING AUGUST 27, 2024 MINUTES PAGE 2 c) Interview Applicant for the Cultural Arts Commission: 7:40 p.m. Bryan Palomino – Interviewed at 7:51 p.m. The council interviewed applicant Palomino. d) Interview Applicant for Equity and Public Safety Commission: 7:50 p.m. Johnathan Collum – Interviewed at 7:57 p.m. The council interviewed applicant Collum. e) Interview Applicants for the Housing Authority Commission: 8:00 p.m. Avin Sharma – Interviewed at 8:00 p.m. 8:10 p.m. Toni Ratcliff-Powell – Interviewed at 8:18 p.m. The council interviewed applicants Sharma and Ratcliff-Powell. f) Interview Applicants for the Housing Authority Tennant Commission: 8:20 p.m. John Rivas Berrios – Interviewed at 8:27 p.m. The council interviewed applicant Rivas Berrios. g) Interview Applicants for the Parks and Recreation Commission 8:30 p.m. Tiffany Yee – Interviewed at 8:37 p.m. 8:40 p.m. Jennifer Garstang – Interviewed at 8:49 p.m. 8:50 p.m. Annie Lo – Interviewed at 9:08 p.m. The council interviewed applicants Yee, Garstang and Lo h) Discussion and consideration of appointment of applicants to the Bicycle and Pedestrian Advisory Committee. The Council may appoint one applicant to a four-year term expiring August 27, 2028. Applicant: Harp, Kim, Moreno, Chouli, Harrison After discussion and voting, the Council appointed the following Applicant, Carlos Moreno, to the Bicycle and Pedestrian Advisory Committee for a four-year term expiring August 27, 2028. Motion− Vice Mayor Flores/Second− Mayor Coleman: To appoint Applicant Carlos Moreno to a four-year term expiring August 27, 2028. Unanimously approved. i) Discussion and consideration of appointment of applicants to the Cultural Arts Commission. Council may appoint two applicants to a 4- year term expiring August 27,2028. Applicant: Chouli, Palomino, Rey, Harrison, After discussion and voting, the Council appointed the following Applicant, Bryan Palomino, to the Cultural Arts Commission to a four-year term expiring August 27, 2028. Motion− Councilmember Addiego/Second−Councilmember Nagales: To appoint Applicant Bryan Palomino to a four-year term expiring August 27, 2028. Unanimously approved. 56 SPECIAL CITY COUNCIL MEETING AUGUST 27, 2024 MINUTES PAGE 3 No other applicants for consideration – continue recruitment. j) Discussion and consideration of appointment of applicants to the Equity and Public Safety Commission. Council may appoint one applicant to a 4- year term expiring August 27,2028 Applicants: Collum, Chouli, Harrison, Bawa After discussion and voting, the Council appointed the following applicant, Ruby Harrison, to the Equity and Public Safety Commission to a four-year term expiring August 27, 2028. Motion− Mayor Coleman /Second− Councilmember Nagales: To appoint Applicant Ruby Harrison to a four-year term expiring August 27, 2028. Unanimously approved. k) Discussion and consideration of appointment of applicants to the Housing Authority Commission. Council may appoint two applicants to a 4- year term expiring August 27,2028 Applicants: Sharma, Ratcliff-Powell After discussion and voting, the Council appointed the following applicants to the Housing Authority Avin Sharma and Toni Ratcliff-Powell to a four-year term expiring August 27, 2028. Motion− Councilmember Addiego /Second− Mayor Coleman: To appoint Applicants Avin Sharma and Toni Ratcliff-Powell to a four-year term expiring August 27, 2028. Unanimously approved. l) Discussion and consideration of appointment of applicant to the Housing Tenant Authority Commission. Council may appoint one applicant to a 2- year term expiring August 27, 2026 Applicants: Rivas-Berrios After discussion and voting, the Council appointed the following applicant, John Rivas-Berrios, to the Housing Authority Tennant Commission for a two-year term expiring August 27, 2026. Motion− Vice Mayor Flores /Second− Mayor Coleman: To appoint Applicant John Rivas-Berrios to a two-year term expiring August 27, 2026. Unanimously approved. m) Discussion and consideration of appointment of applicant to the Parks and Recreation. Council may appoint one applicant to a partial term expiring January 18, 2027 Applicants: Yee, Garstang, Chouli, Harrison, Bawa, Rey, Lo After discussion and voting, the Council appointed the following applicant, Jamie Rey to the Parks and Recreation Commission to a partial- term expiring January 18, 2027 Motion− Vice Mayor Flores /Second− Councilmember Nicolas: To appoint Applicant Jamie Rey to a Partial-year term expiring January 18, 2027. Unanimously approved. 57 SPECIAL CITY COUNCIL MEETING AUGUST 27, 2024 MINUTES PAGE 4 ADJOURNMENT Being no further business, Mayor Coleman adjourned the meeting at 9:36 p.m. Submitted by: Approved: Sarah Harper James Coleman Deputy City Clerk Mayor Approved: / / NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions of meeting items can be viewed in archived video/audio recordings on the City’s website at https://www.ssf.net/Government/Video-Streaming-City-and- Council-Meetings/City-Council Public comments submitted via the eComment portal can be viewed in the City Clerk’s repository at https://ci-ssf-ca.granicusideas.com/meetings?scope=past 58 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 Deputy City Manager Fernandez led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF • Deputy City Manager Fernandez announced the Sign Hill Tree Lighting and City Hall lighting event for August 29, 2024, at 7:45 p.m. in observance of Childhood Cancer Awareness Month. • Deputy City Manager Fernandez announced the closure of City Hall for the Labor Day Holiday on September 2, 2024. PRESENTATIONS 1. Proclamation recognizing August as National Water Quality Month. (James Coleman, Mayor) Mayor Coleman recognized August as National Water Quality Month and presented a proclamation to Water Quality Control Plant Superintendent Schumaker. Superintendent Schumaker thanked the Council for their recognition and support. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, AUGUST 28, 2024 6:30 p.m. Library Parks and Recreation Building Council Chambers 901 Civic Campus Way, South San Francisco, CA 59 REGULAR CITY COUNCIL MEETING AUGUST 28, 2024 MINUTES PAGE 2 2 Proclamation recognizing September as Childhood Cancer Awareness Month. (James Coleman, Mayor) Mayor Coleman recognized September as Childhood Cancer Awareness Month and presented a proclamation to Jesus and Antonia Peña in honor of Juliana Peña. The Peña Family thanked the Council for their recognition and support. 3. Proclamation Recognizing September as National Preparedness Month. (James Coleman, Mayor) Mayor Coleman recognized September as National Preparedness month and presented a proclamation to the CERT team and thanked public safety personnel. Emergency Services Captain Anderson thanked the Council for their recognition and support. 4. Presentation regarding status update of City Council 2024 Priorities as of August 2024 (Rich Lee, Assistant City Manager) Assistant City Manager Lee gave a presentation on outstanding tasks for the city such as the Business License Tax measure (Measure W), the Westborough Childcare Expansion project, the updated city website, DEI efforts and finance advancements such as Developer Impact Fees and a study session on the City’s Pension Funding. Other topics included mental health, a Tobacco Ordinance and housing development funding. Mayor Coleman thanked Assistant City Manager Lee for the presentation and productive year. There were no questions from the Council. COUNCIL COMMENTS/REQUESTS Vice Mayor Flores highlighted the ongoing upgrades on the Centennial Trail and apprised the community of future site developments. He apprised the community of a community outreach event for District 5 on Linden Avenue with both consultants and staff gathering community input regarding the upcoming new park for Old Town. At the request of Vice Mayor Flores, Deputy Director of Capital Projects Vitale provided an overview of proposed development for 616 and 700 Linden Avenue. Councilmember Nicolas expressed gratitude to the Public Works Department staff for their prompt response to a safety incident. She apprised the Council and the community of community projects. She requested the meeting be adjourned in memory of Proven Gupta. Councilmember Addiego noted the passing of a longtime resident of South San Francisco, Edward Massolo. Councilmember Addiego thanked the Police Department for addressing parking concerns on Baden Avenue. He thanked participants of the Boards and Commission interviews and noted a successful meeting. Councilmember Nagales highlighted the results of the Boards and Commissions interviews as highly successful with many qualified applicants. He thanked the applicants for their interest in applying in serving their community. Mayor Coleman expressed excitement regarding a ribbon-cutting ceremony for the Centennial Trail and noted the improvements observed during his visit. He shared that due to the parking lot closure near the Orange Park Pool area, parents now have to use the parking lot by Tennis Drive to drop children off. He asked if there can be traffic mitigation efforts such as flashing lights for crossing safety for children. 60 REGULAR CITY COUNCIL MEETING AUGUST 28, 2024 MINUTES PAGE 3 PUBLIC COMMENTS – NON-AGENDA ITEMS The following individuals addressed the City Council: • Cory David • Cynthia Marcopulos • Charlene Rouspil • Sam Chetcuti • Annie Lo • Leslie Fong PUBLIC COMMENTS – CONSENT CALENDAR ITEMS None. CONSENT CALENDAR The Deputy City Clerk duly read the Consent Calendar, after which the Council voted. 5. Motion to approve the Minutes for August 14, 2024. (Rosa Govea Acosta, City Clerk) 6. Report regarding Resolution No. 130-2024 authorizing the City Manager or designee to purchase several remnant parcels (Assessor Parcel Numbers 091022010, 091022020, 091022030, 091025010, 091034080, and 015031090) with outstanding delinquent taxes in South San Francisco subject to an upcoming County of San Mateo Chapter 8 non-objection agreement tax sale. (Nell Selander, Economic & Community Development Director; Greg Mediati, Parks & Recreation Director; and Adena Friedman, Chief Planner) 7. Report regarding Resolution No. 131-2024 approving the acceptance of Community Project Funding grant funds from the Department of Housing and Urban Development Economic Development Initiative for Fiscal Year 2023-24, in an amount of $1,666,279 for the South San Francisco Centennial Way Trail and Outdoor Learning Center project (pk2302) pursuant to Budget Amendment Number 25.012 (Greg Mediati, Director of Parks and Recreation, Philip Vitale, Deputy Director of Capital Projects, and Christina Fernandez, Deputy City Manager) Motion – Councilmember Addiego /Second – Councilmember Nicolas: To approve Consent Calendar 5, 6 and 7, by roll call vote: AYES: Mayor Coleman, Councilmember Addiego, Nicolas, Nagales, and Vice Mayor Flores; NAYS: None; ABSENT: None; ABSTAIN: None ADMINISTRATIVE BUSINESS 8. Report regarding resolution authorizing a professional services agreement with Smart Wave Technologies for a two-year pilot program to install and manage Wi-Fi equipment at the South San Francisco Housing Authority, in the amount not to exceed $102,750, and authorizing the City Manager to execute the agreement. (Tony Barrera, Director of Information Technology) Director of Information Technology Barrera presented the report and provided an overview of the project. The following individuals addressed the City Council: • Leah Taylor • Claudia • Housing Authority resident • Avin Sharma • Barbara Rubino 61 REGULAR CITY COUNCIL MEETING AUGUST 28, 2024 MINUTES PAGE 4 The Council engaged in questions and discussion and expressed its desire for additional research on providing coverage and competitive infrastructure costs. The Council recommended exploring grants. There was no action on the item, so the Council tabled it. 9. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement between the City of South San Francisco and Plan to Place, LLC for Facilitation Services for Community Discussions of Decommissioned City Facilities, and consideration of potential alternatives. (Nell Selander, Economic and Community Development Director, and Megan Wooley-Ousdahl, Principal Planner) Principal Planner Wooley-Ousdahl presented the report and provided an overview of services. The Council engaged in questions and discussions and provided feedback regarding the role and cost of obtaining a facilitator. Economic and Community Development Director Selander discussed the Housing Element and noted that the Municipal Services Building (MSB) was an opportunity for additional housing. Deputy Director of Economic and Community Development Rozzi provided an overview of zoning for the MSB and explained the protocols for amending the Housing Element. The following individuals addressed the City Council: • Cynthia Marcopulos • Bonnie Morgan • Annie Lo • Fionnola Villamejor • Charlene Rouspil Written Comments Submitted via eComments: • Alex Shoor – Catalyze Silicon Valley (eComments) The Council engaged in discussions and provided direction to staff. Meeting recessed at 10:00 p.m. Meeting resumed at 10:10 p.m. 10. Report regarding an ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. (Rich Lee, Assistant City Manager; Kimia Mahallati, Assistant City Attorney) Assistant City Manager Lee presented the report. The Council engaged in questions and discussion and expressed their support for the item. Motion – Councilmember Addiego /Second – Vice Chair Flores: To introduce an Ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterway by roll call vote: AYES: Vice Mayor Flores, Councilmember Nagales, Mayor Coleman, Councilmember Addiego and Councilmember Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None. 11. Report regarding an ordinance amending Chapters 8.72 of the South San Francisco Municipal Code to prohibit the retail sale of polystyrene. (Christina Fernandez, Deputy City Manager) Deputy City Manager Fernandez presented the report. The Council engaged in questions and discussion and expressed their support for the item. 62 REGULAR CITY COUNCIL MEETING AUGUST 28, 2024 MINUTES PAGE 5 Motion – Mayor Coleman /Second – Councilmember Nicolas: To introduce an Ordinance amending Chapter 8.72 of the municipal code prohibiting the sale of polystyrene by roll call vote: AYES: Councilmember Nagales, Nicolas, Addiego, Mayor Coleman, and Vice Mayor Flores; NAYS: None; ABSENT: None; ABSTAIN: None. 12. Report regarding the formation of the Eastern Neighborhoods CFD. (Christina Fernandez, Deputy City Manager; Jason Wong, Deputy Finance Director; Noah Christman, Lighthouse Public Affairs; Brian Forbath, Stradling Law; Susan Goodwin, Goodwin Consulting Services) Mayor Coleman requested that the item be postponed. Item not heard. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Mayor Coleman and Vice Mayor Flores apprised the community and the Council of the outcome of the Special Harbor District Standing Committee meeting held on August 28, 2024. ADJOURNMENT Being no further business, Mayor Coleman adjourned the City Council meeting at 10:35 p.m. *** Adjourned in Memory of Proven Gupta and Edward Massolo *** Submitted by: Approved by: Sarah Harper James Coleman Deputy City Clerk Mayor Approved by the City Council: / / NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions of meeting items can be viewed in archived video/audio recordings on the City’s website at https://www.ssf.net/Government/Video-Streaming-City-and-Council-Meetings/City-Council Public comments submitted via the eComment portal can be viewed in the City Clerk’s repository at https://ci-ssf-ca.granicusideas.com/meetings?scope=past 63 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-851 Agenda Date:9/11/2024 Version:1 Item #:9. Report regarding a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 29-Day Vote Center at the Main Library,Library |Parks and Recreation Center,for the November 5,2024 Presidential General Election and amending the Library Department’s Fiscal Year 2024-25 Operating Budget via Budget Amendment Number 25.013.(Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division (SMCo Elections)to support a 29- Day Vote Center at the Main Library,Library |Parks and Recreation Center,for the November 5,2024 Presidential General Election and amending the Library Department’s Fiscal Year 2024-25 (FY 2024-25) Operating Budget via Budget Amendment Number 25.013. BACKGROUND/DISCUSSION From October 7,2024 through November 5,2024,South San Francisco Main Library,Library |Parks and Recreation Center,second floor Community Room,will serve as a Vote Center for the upcoming November 5, 2024 Presidential General Election.Although San Mateo County has gone to an all-mailed ballot election,Vote Centers are still needed to assist those residents with ballot issues or to complete the voting process.Traditional polling places have been replaced by Vote Centers,which are open for voting for an extended period,and which offer expanded voter services,including voter registration,multilingual assistance,and disabled access voting options.This will be the 11th election for which the Library,partnering with the City Clerk,provides Vote Center services.Establishment of accessible Vote Centers is an important factor in securing successful voter turnout.Funding will support library staff scheduled on site around regular library hours and Peninsula Library System Network setup costs. FISCAL IMPACT Funds received from SMCo Elections will be used to amend the Library Department’s current FY 2024-25 Operating Budget pursuant to Budget Amendment Number 25.013.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #6,which includes a goal of creating community connections, by providing a local vote site as a convenient option for voters. CONCLUSION Receipt of these funds will support the 29-Day Early Vote Center at the Main Library for the November 5,2024 Presidential General Election.It is recommended that the City Council accept $4,069.14 in funding from SMCo Elections and amend the Library Department’s FY 2024-25 Operating Budget via Budget Amendment Number 25.013. City of South San Francisco Printed on 9/6/2024Page 1 of 1 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 #:24-852 Agenda Date:9/11/2024 Version:1 Item #:9a. Resolution authorizing the acceptance of $4,069.14 in funding from San Mateo County Registration and Elections Division to support a 29-Day Vote Center at the Main Library,Library |Parks and Recreation Center, for the November 5, 2024 Presidential General Election and approving Budget Amendment Number 25.013. WHEREAS,the South San Francisco Main Library will serve as a 29-Day Vote Center for the upcoming November 5, 2024 Presidential General Election; and WHEREAS,the San Mateo County Registration and Elections Division has awarded the City of South San Francisco (“City”)$4,069.14 in funding to support the 29-Day Vote Center at the South San Francisco Main Library; and WHEREAS,the Vote Center will be available to assist residents with ballot issues and will provide expanded voter services, including voter registration, multilingual assistance, and disabled access to voting options; and WHEREAS,this will be the eleventh election for which the Library,partnering with the City Clerk,provides Vote Center services; and WHEREAS,acceptance of this funding will contribute to the City’s Strategic Plan under Priority #6,which includes a goal of creating community connections,by providing a local vote site as a convenient option for voters; and WHEREAS,Library staff recommends to accept funding in the amount of $4,069.14 from the San Mateo County Registration and Elections Division to support a 29-Day Vote Center; and WHEREAS,funds will be used to amend Fiscal Year (FY)2024-25 Operating Budget of the Library Department via Budget Amendment Number 25.013. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $4,069.14 in funding from the San Mateo County Registration and Elections Division and approves Budget Amendment Number 25.013 to amend the Library Department’s FY 2024-25 Operating Budget in City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™65 File #:24-852 Agenda Date:9/11/2024 Version:1 Item #:9a. order to reflect an increase of $4,069.14. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™66 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-382 Agenda Date:9/11/2024 Version:1 Item #:10. Report regarding a resolution to approve a Second Amendment with CSS Environmental Services,Inc.of Novato,California,for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $257,039 for an additional two years,authorizing a total budget of $949,139,and authorizing the City Manager to execute the agreement.(Amanda Parker, Management Analyst I) RECOMMENDATION Staff recommends City Council adopt a resolution to approve a Second Amendment with CSS Environmental Services,Inc.of Novato,California for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $257,039 for an additional two years,authorizing a total budget of $949,139, and authorizing the City Manager to execute the agreement. BACKGROUND/DISCUSSION The Oyster Point Landfill is a City-owned,closed,unlined Class III landfill located along the San Francisco Bay in the City of South San Francisco (for map,see Attachment 1).The landfill area has been developed for use as open space,biotech development,bay trail,public marina,boat launch area,and a future hotel complex. The San Mateo Harbor District operates the public marina on the landfill and is responsible for the general maintenance of the marina facilities. The landfill is regulated by the Regional Water Quality Control Board (RWQCB)under Order No.00-046 (herein referred as “Order”),issued on June 21,2000.The Order imposes closure and post-closure requirements on the City as part of ongoing development.Technical environmental monitoring reports that are submitted to the RWQCP are a requirement of the Order.City staff relies on environmental consultants with appropriate expertise to perform the required monitoring and reporting. In 2018,the City entered into an agreement with CSS Environmental Services,Inc.for the required monitoring and reporting.The original 2021 agreement and subsequent amendments expired on June 30,2024.Based upon CSS Environmental Services’familiarity with the site,expertise,and previous performance,staff recommended amending the agreement for a term not to exceed three years and to increase the budget authority to provide for the additional services.The City now desires to extend the agreement for an additional two years and increase the budget authority to provide for the additional services. The draft amendment is included as Attachment 3 and with the accompanying resolution. FUNDING Due to increased lab costs,CSS Environmental Services,Inc.has submitted an updated cost proposal (Attachment 4).The estimated cost for monitoring and reporting for fiscal year 2024-25 is $125,385.With a factored 5%increase for year two,the estimated fiscal year 2025-26 cost is $131,654.Staff previously proposed including a ten-percent contingency and a ten-percent administrative oversight,resulting in a total not -to-exceed amount of $257,039 for the two-year contract term and a total budget of $949,139. City of South San Francisco Printed on 9/6/2024Page 1 of 2 powered by Legistar™67 File #:24-382 Agenda Date:9/11/2024 Version:1 Item #:10. Contingency funds will be used for any unforeseen conditions or any future additional monitoring required by the Regional Water Quality Control Board. This consulting services agreement is funded through the Solid Waste Fund,which provides sufficient funds to pay for these monitoring costs. CONCLUSION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the consulting services agreement with CSS based on their performance,experience,and familiarity with the site and monitoring requirements. Attachments: 1.CSS Landfill Site Map 2.Consulting Services Agreement 3.First Amendment to the Consulting Services Agreement 4.CSS Updated Cost Proposal City of South San Francisco Printed on 9/6/2024Page 2 of 2 powered by Legistar™68 Attachment 1 Vicinity Map       69 CONSULTING SERVICES AGREEMENT BETVTEEN THE CTTY OF SOUTH SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC, THIS AGREEMENT fur consulting services 'rs made by and betY'ieen he city of south san Francisco ('Citf) and CSS Envimnmental Services, lnc. fconsultanf) (together sometimB refened to as the 'Parlies') as of March 14, 2018 (the'Efiective Date'). Section 1. SER\4eEg. Sublec{ to $re terms and conditions set forth in this Ageement, Consulhnt I[Iit o-poviAe to CitV tre services described in the Smpe of Wort atbched heroto and inmrporated herein as gr;niUit R. at the tlme and place and in the manner specified therein. ln h6 o\Ent of a conflict in or inconsisnnry bet',veen the terms of thb Agreement and l$l!!!.$ the Agreement shall prevail' l.l Term of Servlces. The term of this Agreement shall begin on $e Efiectiw Date and shall end on June 30, 2021, the date of mmpletion speclfied ln E$ibit A. and Consultant shall complete he uo* described in Exhibit A on or beforc that dde, unless the term of he Agreement is othenrvise terminated or etGnded, as pmMded for in @l@!. The time pmvided to Consultant to mmpleb tro services rcquircd by this Agreement shall not aftct the Cil/s right to terminate $e Agrcement, as provided fur in Section 8. 1.2 Slandad ol Perfomance. Consultant shall perform all work required by lhis Agreement in a substantial, first+lass manner and shall conhrm to the standards of quality normally observed by a person praclicing in Consultanfs prohssion. 't,3 Assionment of Pemonnel. Consultant shall assign only competent personnel to perhrm seNices putsuant to this Agreement ln the ewnt that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upn receiving notice fiom City of such deske of City, reassign such person or persons. 1.4 fug Consultant shall devote such time to the porfomance of services puEuant to this Agreement as may be rcasonably necessary to meet the shndard of performance provided in Sections 1.1 and 1 .2 above and to satisfl Consultants obligations hereunder, Sec{lon 2. COMPEIISATION. City hereby agrees to pay Consultant a sum not h exceed Two Hundred Thirty Three Thousand Nine Hundred Ten Dollars ($233,910) notwihstanding any contrary indications that may bo contained in Consultanfs proposal, 6r seMces to be performed and reimbunsable costs incurcd under $is Agreemen[ In the event of a conflic't between this Agreement and Consullant's proposal, attached ae Exhibit A. or Consultanfs compensation schedule, attached as Exhibit B. rcgarding the amount of compensation, the Agreement shall prcvail. City shall pay Consultant for seMces rendercd pursuant to this Agreement al the time and in the manner set for$ herein. The payments spcified below shall be lhe only payments from City to Consultant for seMcos rendered pucuant to this Agreement. Consultant shall submit all inroices to City in the manner specified herein. Except as specilically authorized by City in wdting, Consultrnt shall not bill City for duplicate seMces performed by more than one peEon. Attachment 2 70 Consultant and City acknowledge and agree that compensalion paid by City to Consultant .under this Agreement is base'd upon Consultanfs estimated costs of providing the services required herermder' iniluding salaries and benefib of employees and subcontraciors oJ Consulhnt. Consequently, he Padies further furee grat ompensalion hereunder is inbnded to include the cosb of conlributions to arry pensions and/or ainuities to which Consultant and its employees, agents, and subcontradors may be eligible. City thereforc hag no rcsponsibility for such contribulions bepnd compensation mquired under this {greement. 2,1 lnvolces. Consultant shall submit inroices, not more often han once per month dudng the term of this Agreement, based on ttre ost for all services performed and rcimbursable ccb incuned prior to the in\oice date. lnvoices shall contain all tp fullowing lnformation: . Sorial identifications of progress bills (i.e., Prcgrcss Bill No, 1 for he first invoice, eb); ' Ihe beginning and ending dabs ofthe billing pedod;. A task summary contrining the original contract amount, the amount of prior billings, te tohl due this period, the balance available under the Agrcement and the percentago of complefon;. At Citlis option, fur each mrk item in each tash I copy of the applicable time enfles or tlme sheeb shall be submitted showing the name of he person doing the work, the hours spent by each person, a brief description of he uork, and each reimbursablo expense;. The htal number of hours of uprk performed under the Agreement by each employee, agent, and subcontmctor of Consultant perhrmlng seMces hereunder;. Consulhnt shall give separate notice to the Cig when the htal number of hours vioiled by Consultant and any indMdual employee, agent or subcontractor of Consultant roaches or exceeds eight hundted (800) hours w'tiin a tv'elw (12)- month period undet this Agrcement and any oher agreement betuaen Consultant and City. Such nolice shall include an estimate of he time necessary to complete uork descdbed in ftfi!!fu\ and the estimde of time necessary to complote wod( under any other agreement between Consulhnt and City, if applicable.. The amount and purpose of acfual expenditures for which rcimbursement is sought;. The Consutlants signatrre. 2.2 Monthlv Pavmenl City shall make monthly paymenb, based on invoices received, for services satisfactorily peftmed, and br authodzed reimbursable costs incuned. City shall have thirty (30) days ftom the receipt of an invoice that complies with all of ttre requircments above to pay Consultant. Each invoice shall include all expenses and ac{ives performed during the invoice period fur which Consultant oxpects b receive payment. 2.3 Flnal Pavment. City shall pay the fi\,e percent (5%) of the total sum due punuant to this Agreement within sixty (60) days after completion of the servicos and submittal to City of a final invoice, if all seMces required haw been sdsfactorily performed. 2,4 Totel Pavmont. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. C'rty shall not pay any additional sum for any expense or cost wtratsoever 71 2.5 2.6 incuned by Consultant in rendering services pursuant to this Agreement. Ci$ shall make no payment fur any extm, further, or additional service pursuant to lhis Agreement. ln no event shall Consulhnt submit any inrmice fur an amount in excess of the maximum amount of compensation provided above either for a task or for he entire Agreement, unless lhe Agreement ls modified prior to tre submission of such an inroice by a pmpedy executed change order or amendment. Hourlv Foes. Fees for urork perfurmed by Consultant on an hourly basis shall not exceed the amounh shown on he compensation schedule athched hereto and incorporated herein as Exhib'rt B. Reimbursable Exoeneea, The fullowing constitute reimburcable expenses authorized by tlris Agreemen[ mileage, parking, tolls, printing, out of ar€a travel, conference calls, postage, express mail, and delivery.. Reimbursable epenses shall not eloeed One Thousand Dollars ($1,000). Epenses not llsted abow are not chargeable to City. Reimbursable expenses ale included in tn total amount of compensation provided under Section 2 of this Agreement thal shall not be exceedod. Paunent of Taxes: Tax llllthholdlno. Consultant is solely responsible for the payment of employment taxes lncuned under this Agreement and any similar federal or state taxes. To be exempt fiom tax withholding, Consultant must provide Cfi with a valid Califomia Franchise Tax Board brm 590 ('Form 590'), as may be amended and such Form 590 shall be attached hereto and inorporated herein as Exhibit C. Unless Consultant pmvides City with a valid Form 590 or other valid, wrtttgn evidence of an exemption or waiver ftom withholding, City may withhold Calihrnia taxes ftom paymenb to Consullant as required by law. Consultant shall obtain, and maintain on file fur three (3) years after the termination of this Agreemenl Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Coneultant accepts sole responsibllity br withholding taxes from any non- Califomia resident subconhactor and shall submit wriften documentation of compliance with Consultanfs withholding duty to City upon r€quest. Pavment uoon Terminatlon, ln the event that the City or Consultant terminates this Agreement pursuant to Seciion 8, the City shall compensate the Consultant for all outstanding cos-ts and reimbursable expenses incuned for work gaflsfac{orily completed m of the date of written notice of termination. Consultant shall maintain adequate logs and timesheeb to veilfy msts incuned lo thal date. 2.7 2.8 2.9 Authorlzation to Perform Services, The Consultant is not authorized to perform any seMces or incur any costs whatsoever under fire terms of tris Agreenrent until recaipt of auhorization trom the Contact Adminisfrator. 2.10 False Clalms Act, Presenting a false or fiaudulent claim br payrnent, including a change order, is a Molation of the Califomia False Claims Act and may result in treble damages and a fine offive thousand (95,000) to ten thousand dollars ($10,000) per violation. Prevalllng Wage, Where applicable, the wages to be paid for a da/s work to all classes of laborers, workmen, or mechanics on the u/ork contemplated by fris Agreement, shall be 2.11 72 not less than the prer/lailing rate br a da/s wod< in the same trade or occupation in ffu locality within the state wtrere the work hercby contemplatm to be peftrmed as detormined by the Director of lndustrial Relations pursuant to the Dimcto/s authority under Labor Code Section 1770, et seq. Each laborer, uorker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided br. The Consultant shall pay tuo hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty fur each worker paid l6ss than prevailing rate of per diem wages. The difierence between fre prevailing nate of per dlem wages and the wage paid to each uorker shall be paid by fie Consulhnt to each uorker. An emor on the part of an awarding body does not relieve the Consultant from responsibility fur payment of the prevailing rah of per diem wages and penalties pursuant to Labor Code Sections 1770 175. The City will not recognize any claim fur additional compensation because of the payment by the Consultant fot any wage rate in elaess of prevailing uage rate set forh. The pmsibility of wage increases is one of the elements to be mnsidered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. lf ffte schedule of prevailing wage rates ls not attached hereto pursuant to Labor Code Section 1713,2, the Consulhnt shall post at appropriate consphuous points at the site of the project a schedule showing all determined prevailing urage rales for lhe various classes of laborers and mechanics to be eryaged in uo* on the project under this contract and all deductions, if any, required by law to be made hom unpaid wages actually eamed by the laborers and mechanics so engaged. b. Payroll Remrds. Each Consultant and subconbactor shall keep an accurate payroll record, showing the name, addrcss, social security number, wo* week, and the actual per diem wages paid h each joumeyman, apprentice, worker, or o$er employee employed by the Consultant in connection with the public rmrk. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.' Section 3. FACIUTIES AND EOUIPMENT. E:<cept as set forth herein, Consultant shall, at its sole msl and expense, provide all facilities and equipment that may be necessary to perbrm the services required by ttis Agreement. City shall make available to Consulbnt only the facilities and equipment listed in lhis section, and only under the tems and conditions set furth herein, City shall fumish physical facilities such as desks, filing cabineh, and conference space, as may be reasonably necessary for Consultanfs use while consulting wilh Gity employees and reviewing records and the information in poosession of the City. The location, quantity, and time of fumishing those facilities shall be in the sole discretion of Cig. ln no eront shall City be obligated to fumish any facility that may involve incuring any direc't expense, including but not limited to computer, longd'tstance telephone or other communicalion charges, vehicles, and reproduction facilities. Section4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless othenrrise specified below, shall procure the gpes and amounls of insurance lisled below against claims for injuries to persons or damages to property that may arise fiom or in connection with the perbrmance of the work hereunder by the Consultant and its agents, 73 rcpresontatives, employees, and subcontractors. Consbtent with tte following provisions, Consultant shall provide proof satisfactory to Cig of such insurarre that meeb the requirements of this section and under forms of insurance satisfaclory in all rcspects, and that such insurance is in efect pdor to beginning uork to the City. Consulhnt shall maintain the insurance policies rcquired by this section throughout the term of his Agreement. The mst of such insurance shall be included in he Consultants bid. Consullant shall not allow any subconbactor to commence wDrk on any subconlract until Consultant has obbined all insurance required herein for lhe subconhacto(s). Consulhnt shall maintain all required insurance listed herein br he duration of this Agreement. 4.1 Wod<ers' Compensatlon. Consulhnt shall, at its sole cost and expense, maintain Shtutory Workers' Compensation lmurancs and Employe/s Liability lnsurance for any and all persons employed direc'tly or indirectly by Consulbnt. The Statutory Workers Compensation lnsurance and Employe/s Liability lnsutance shall be povided wilh limib of not less than $1,000,000 p€r accident. ln ttre altemative, Consultant may rcly on a self- insuran@ program to meet those requircmenb, but only if he program of self-insurance complies fully with the provisions of lhe Califomia Labor Code. Determination of whether a self-insurance program meeb the standads of the Labor Code shall be solely in he discrction of fie Confact Administrator, as defined in Section 10.9. The insurer, if insurance is provided, or he Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and lts officers, officials, employees, and wluntees for loss arising fmm uork perfurmed under this Agreement. 4,2 Commercial General and Automobile Liabilitv lnsurance. 4,2,1 General reouirements. Consultant, at ib own mst and gxpense, shall mainhin commercial general and automobile lhbil'tty insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per o@urence, mmbined single limit coverage br dsks associated wih he uork contemplated by this Agmement. lf a Commercial General Liability lnsuftmce or an Automobile Liability turm or o$er form wilh a general aggcgate limit is used, eiher the general aggregate limit shall apply separately to the uork h be performed under $is Ageement or he general aggregate limit shall be at least twice the requircd occunence limit. Such covemge shall include but shall not be limited to, protection against claims arising from bodily and personal inJury including death resulting therefrom, and damage to propefty resulting fiom activities contemplated under this Agreement including lhe use of owned and non- owned automobiles. 4.2,2 Minimum scope of coveraqe, Commercial general covenage shall be at least as broad as lnsurance Services ffice Commercial Genenl Liability occunence fom CG 0001 or GL 0002 (most recent editions) covering comprchensive General Liability lnsurance and Services ffice brm number GL 0404 covering Broad Form Comprehensive General Liability on an 'occunence' basis. Automobile coverage shall be at least as broad as lnsurance Services ffice Automobile Liability brm CA 0001 (most recent edition). No endorsemenl shall be attached limiting the coverage. 74 4.2.3 Addltlonal rcouircmenb. Eadr of the following shall be included in he insurance coverage or added as a certified endooement b the policy:a. The lnsurance shall co\rer on an o@urence or an accident basb, and not on a claims{ade basis,b. Any fallure of Consultant to comply with rcprting prcvisions of the policy shall not afiec't coverage provided to City and its offcers, employees, agents, and rolunteens. 4.3 ProfessionalLiabilitvlnsurance, 4.3.1 General requirements. Consultant, at ils own cost and expense, shall mainlain for the pedod cowred by this Agreement profussional liability insurance fur licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covoring tho licensed professionals' enorc and omissions, Any deductible or self-insured retention shall not exceed ONE HUNDRED AND FFry THOUSAND DOLLARS ($150,000) per claim. 4.3.2 Clalmemade limihtions. The following provisions shall apply if the profussional liability coverage is written on a claim+made form:a. The rstroactive date of the polcy must be shown and must be behrc he date of he Agreement.b. lnsurance must be maintained and evidence of insurance must be pmvided fur at least five (5) years after mmpletion of the Agreement or the nork, so long as mmmercially available at reasonable rates.c. lf coverage is canceled or not renewed and it is not replaced with anoher claims"made policy form with a retoactive date that precedes he date of this Agreement, Consultant shall purchase an extended period correrage for a minimum of fwe (5) years after completion of rltork under his Agreement or the work. The City shall have lhe right to exercise, at the Consultants sole cost and expense, any extended reporling provisions of the policy, if the Consultant cancels or does not renew the coverage.d. A copy of the claim reporting requircmenk must be submited h he City br review prior to the commencement of any uork under this Agreement. 4.3.3 Addltlonal Requiromenb. A cert'fied endorsement to include conbactual liability shall be included in the policy 4,4 All Policles Requirements. 4,4.2 Verilication of coveraqe, Prior to beginning any work under this Agreement, Consultant shall fumish City wih complete copies of all policies delivered to C,onsultant by the insurer, including complele mpies of all endorsements attached to those policies. All copies of policies and certified endorsemenb shall show the 4.4|l Accepbbilltv of insurcrc. All insuranca required by this section is to be placed with insurers wih a Besb' rating of no less han A:Vll. 75 signature of a person authorized by that lnsurer to bind corlerage on ib behalf. lf the City does not receive the required insunance documenb prior to he Consultant beginning uort, thls shall not waive tre Consultanfs obligation to provide them. The City reserves th6 right to requirc compleb coples of all rcquired insumnce policies at any time. 4.43 Notice of Reduction in or Cancellation of Coveraqe, A certified endorsement shall be attached to all insurance obtained pursuant h this Agreement stating that coverage shall not be suspended, wided, canceled by eiher party, or rcduced in coverage or in limits, except after thirty (30) days' prior written notice by cartified mail, retum receipt requested, has been given to he Cig. ln the event tnt any coveftlge required by this section is reduced, limited, cancelled, or materially affacted in any olher manner, Consultant shall provide written notice to City at Consultanfs earliest possible opportunity and ln no case later than ten (10) uorking days afier Consultanl is notified of the change in coverage. 4,M Additlonal lneutrd: odmaru lnsuranco. Cig and its offcers, employees, agenb, and rclunteers shall b6 covecd as additional insurcds witr respect to each of the following: liability arising out of ac'tivities performed by or on behalf of Consultant, including the Citfs general supeMsion of Consulhnt ppducls and comdeted operations of Consultant, as applicable; premises ovmed, occupied, or used by Consultan[ and automobiles oumed, leased, or used by lhe Consultant in the cource of providing services pursuant to his Agreement, The coverage shall contain no special limitations on the scope of protection aftrded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating hat coverage is primary insurance wih respect to the City and ih offcee, officials, employees and wlunteerc, and hat no insurance or self-insurance malntained by the City shall be calM upon to conldbute to a loss under the coverage. 44,5 Dedudibles and Self.lnsurcd Retentions. Consultant shall disclose to and obtain the appmrcl of City br he self-insured retentions and deductibles befure beginning any of he seMces or uork called for by any tem of this Agreement. Furher, if he Consultants insurance policy includes a self-imured retention that must be paid by a named insured as a precondition of lhe insure/s liability, or which has the efbct of providing that payments of he self-insured retontion by others, including additional insureds or insumrs do not serw to satisfl the self- insured retention, such provisions must be modified by spoial endorsemenl so as to not apply to lhe additional insured coverage required by this agreement so as to not prevent any of $e parties to lhis agreement fmm satisfying or paying the self- insurcd retenton required to be paid as a precondition to the insurc/s liability. Addltionally, the certificates of insurancs must note whelher the policy does or does not include any self-insured retention and also must disclose the deductible. During the period mvered by ttris Agreement, only upon the pdor express written aulhodzation of Contract Administrator, Consultant may increase such dedudibles 76 or self-insured retentions with respect to Gity, its ofiicers, employees, agents, and volunteers. The Contract Administrator may condition apprcval of an increase in deductible or self.insured retention levels with a requirement that Consultant procure a bond, guaranteelng payment of losses and related investigations, claim administration, and defunse expenses that is satisfactory in all respects to each of them. 4.4.6 Subconhactors. Consultant shall include allsubconhactors as insureds under its policies or shall fumish separate certificates and certified endorsements fur each subcontractor. All @verages for subcontnactons shall be subject to all of the requircments stated herein. 4.4.7 Wastino Pollcv. No insurance policy requircd by Section 4 shall include a 'ums{ing' policy limit. 4.4.8 Variation. The City may appro\re a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the Citt's interests are othenrise fully proteded. 4.5 Remedleo. ln addition to any other remedies Ci$ may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, uftich are altematives to other remedies City may have and arc not the exclusive remedy for Consultants breach: a. Obtain such insunance and deduct and retain the amount of the premiums for such insurance fom any sums due under the Agreemenfi b. Order Consultant to stop uork under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and rvltrhold any payment, until Consultant demonstrates compliance with the requirements hereot and/or c, Terminate his Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest extent permitted by law, Consuhtant shall, to he fullest extent allowed by law, wih respect to all SeMces perfonned in connection with this Agreement, indemnity, defend with counsel selected by the City, and hold harmless the City and its officials, offcers, employees, agenB, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance ('Claims'), to the extent caused, directly or indircctly, in whole or in part, by the willful misconduct or negligent ac,ts or omissions of Consultant or its employees, subcontrac'tors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wtrolly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, sukontractor, or agents have contributed in no part to the injury, loss of life, damage to propefty, or violation of law. 5.1 lnsurance Not ln Place of lndemnitv. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability 77 under this indemnification and hold harmless clause. This indemnification and hoH harmless clause shall apply to any damages or claims for damages wheher or not such insuranco policies shall have been determined to apply. By execution of ttis Agreement, Consultant acknowledges and agrees to the pmvisions of this Section and that it is a material element of consideration. 5.2 PERS Llabllitv. ln the event that Consultanl or any employee, agent, or subcontmctor of Consultant providing services under this Agreement is determined by a court of compotent jurisdiction or the Calibmia Public Employees Retiremsnt System (PERS) to be eligible for enrollmenl in PERS as an employee of City, Consultant shall indemniff, deftnd, and hold harmless City for the payrnent of any employee and/or employer contributions br PERS benefib on behalf of Consultant or its employees, agenQ or subcontractors, as uoll as for the payment of any penalties and inlerest on such contdbutions, wtrich tr$uld otherwise be the responsibility of City. 5.3 Thlrd Partv Clalms. With res pect to thid party claims against the Comultant, the Comultant waiws any and all rights of any type of express or implied indemnity against the lndemnitees. STATUS OF CONSULTANT.Section 0. 6.1 6.2 Secton 7. 7:l 7,2 lndeoendent Gontractor. At all times during the term of this Agreement, Consultant shall be an independent conhac,tor and shall not be an empbyee of City. City shall have the right to control Consultant only insofar as he rcsults of Consulbnfs services rcndered pursuant to lhis Agreement and assignment of personnel pursuant to Subparagraph 1.3; houever, othenrise City shall not have the right to control the means by which Consulhnt accomplishes seMces rendered pursuanl to his Agreement. Notwihstanding any other City, state, or fedeml pollcy, rule, regulation, law, or ordinance to he contrary, Consullant and any of its employees, agenb, and subcontractorc providing services under this Agreement shall not qualiff for or bemme entifled to, and hereby agrce to waive any and all claims to, any compensation, benefit, or any incklent of employment by Cfi, including but not limited to eligibility to enroll in the Califumia Public Employees Retirement System (PERS) as an employee of City and entitlement to any confiibution to be paid by City for employer contributions and/or employee contibutions for PERS benefts. Consultant Not an Aqent Except as Cig may specify in writing, Consulhnt shall have no auhority, express or implied, to act on behalf of City in any capacity whahoever as an agent to bind City to any obligation whatsoever. LEGAL REQUIREMENTS, Govemino Law. The laws of the State of Califomia shall govem this Agreement. Compliance wlth Applicable Lawt, Consultant and any subcontractors shall comply with all ftderal, state and local laws and regulations applicable lo the performance of he uork hereunder. Consullant's failure h comply with such law(s) or regulation(s) shall constitute a breach of contract. 78 7.4 7.5 Sectlon 8. 8.1 Oher Govemmenhl Reoulations. To the exlent that this Agreement may be funded by fiscal assistance fiom another governmenlal entity, Consulhnt and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Llcenses and Permlts. Consultant represents and wanants to City hat Consulhnt and its employees, agents, and any subcontractors have all llcenses, permiB, qualifications, and approvals, including fiom City, of whaboever nature that are legally required to practice theh respective prohssions. Consultant rcplesenb and Mrants to City hat Consultant and its employes, agents, any subcontractors shall, at heir sole cost and expense, keep in effec't at all times during the tem of this Agreement any linnses, pormits, and approvals hat are legally mquired to practice theh respective professions. ln addition to the bregoing, Consulhnt and any subcontractors shall obtain and maintain during the term of this Agreement mlid Business Licenses from City, Nondiscrimination and Esual Onportunitv. Consultant shall not discilminate, on the basis ofa penson's race, religion, color, nationalorigin, age, physical or mental handicap or disability, medical condition, marihl slatus, sex, or serual orientalion, against any employee, applicant br employmont, subcontractor, bidder hr a subcontract, or participant in, recipient of, or applicant fur any services or programs provided by Consultant under this Agreement. Consultant shall comply wih all applicable federal, slate, and local laws, policies, rules, and requimmenb related to equal opprtunity and nondiscrimination in employmenl, contracting, and the provision of any seMces that are the subject of his Agreement, including but not limited to the satishction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subconhact appmwd by he Contrac{ Administrator or this Agreement. TERMINATION AND MODIFICATION. Terminalion. City may cancel this Agreement at any time and witrout causs upon w tten notifi cation to Consulhnt. Consultant may cancel this Agreement fur cause upon hifi (30) days' written notice to Cig and shall include in such notice lhe reasons for cancellation. ln the event of termination, Consultant shall be entitled to ompensation for servic€s perbrmed to the eftctive date of notice of termination; City, houever, may condition payrnent of such compensation upon Consultanl delivering to City all materials described in Sec'tion 9.1. Ertension. Ctty may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided fur in Subsection 1.1. Any such extension shall require Consultant to oxecuto a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City granb such an extension, City shall have 8.2 7.3 79 8.3 no obligation to provide Consultant with compensation beyond the maximum amount provided fur in tris Agreement Simihdy, unless authorized by he Conhact Administralor, City shall have no obligation to reimburse Consultant br any olhenrise mimbursable expenses incuned during he extension period. Amendmenb. The Parties may amend this Agrcement only by a writing signed by all the Parties. Asslqnment and Subcontractlnq, City and Consultant recognize and agree that this Agreement contemplabs personal performance by Consultant and is based upon a determination of Consultants unique pensonal mmpetence, expedence, and specialized personal knowledge. Moreover, a substantial inducement to City fur entering into his Agreement was and is he professional rcputation and competen@ of Consulbnt. Consultant may not assign thls Agreement or any interest herein without the pdor written approval of th6 Contract Administator. Consulhnt shall not assign or subcontract any portion of the performance cont€mplated and provided for herein, other than to tho subcontractors noted in the proposal, without prior wdtten appoval of the Contract Administrator. Surylval. All obl[ations arising prior to the termination of his Agreement and all provisions of tris Agreement allocating liability betureen City and Consultant shall suMvE the termination of thls Agreement. Ootlons uoon Breach bv Consulhnt. lf Consulhnt materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the hllowing: 8.6.1 lmmediately terminate the Agresment; 8.6.2 Retain he phns, specifications, drawings, reporls, design documenb, and any other wo* poduct prepared by Consultant pursuant to ttris Agrcement; 8.6.3 Retain a different consultanl to complete the uork descdbod in ExhiDj!_.A not fnished by Consultant; or 8.6.4 Charge Consultant the difrercnce between the cost lo complete the work descdbed in E$!!Ll\ that b unfinished at the time of breach and the amount hat City trrould have paid Consultant pursuant to Section 2 if Consultant had completed the uort. KEEPING AND STATUS OF RECORDS. Recordr Created'as Pail of Consultantt Performance. AII reporb, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant propar9s or obtains pursuant to this Agreement and that relato to $e matters covered hereunder shall be the property of the City. Consullant hereby agrees to deliver those documents to lhe City upon termination of the Agreement. lt is understood and 8.4 E.5 8.6 Sectlon 9. 9.1 80 9.2 9.3 9.4 agreed that he documenb and olhel materials, including but not limited to those described above, prepared pursuant to this Agreoment are prepared specificaily for the City and are not necessarily suitable for any futum or ofier use. City and Consultant agree hat, unlil linal approval by City, all data, plans, specificatons, rcpolb and other documenb are confidential and will not be released to third par{ies without prior wriflen consent of bott Parties eloept as equired by law. Consultant's Books and Records. Consuhant shall maintain any and all ledgers, books of account, invoices, vouchem, canceled checks, and olher records or documenb evidencing or relating to charges for seMces or expenditures and disbursements charged to the City under this Agreement for a mlnlmum of hree (3) years, or for any longer period requked by law, fom the date of final payment to the Consultant h this Agreement. lnsoecflon and Audit of Recods. Any rcmrds or documenh that Soction 9.2 of this Agreemenl requires C,onsultant to maintain shall be made available br inspection, audit and/or copying at any time during regular business houns, upn oral or written rcquest of lhe Cig. Under Califomia Govemment Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), he Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years afler final payment under the Agreement. Records Submltted ln Resoonse to an lnvltation to Bid or Requ$t for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City beome the exclusive pnoperty of tte City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each propsal hat are defined by Consultant and plainly marked as 'Confidential,' "Business Secret' or'Trade Secret.' The Cig shall not be liable or in any way rcsponsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a 'Tnade Secret' or 'Business Secret,' or if disclosure is required under he Public Records Ad. Although the California Public Records Act recognizes that certain confidential trade secret infurmation may be protected ftom disclosure, the C'rty may not be in a position to establish hat the information that a pmspective bidder submits is a trade secret. lf a request is made for inhmation marked 'Trade Seqet' or 'Business Secrel' and lhe requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, dehnd and hold harmless the City, its agenb and employees, fom any judgment, fines, penalths, and award of attorneys' fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survirres the City's award of the contract. Consultant agrees that this indemnification survives as long as tho trade secret information is in the City's possession, which includes a minimum retention period for such documents. 81 MISCELLANEOUS PROVISIONS. Attomevs' Feee. lf a Pafi to this Agreement brings any action, including arbihation or an action for declaratory relief, to enbrce or interpret he pnovision of this Agrcement, lhe prewiling Party shall be entitled to ftrasonable altomeys fees in addit'on to any other relief to which that Paily may be entitled. The courl may set such hes in the same acflon or in a separab action brought for that purpose. 102 Venue, ln the event that eiher Party brings any action against the ofier under this Agreement, the Parties agree lhat trial of such aclion shall be vested exclusively in the s'tate courts of Califomia in the Coung of San Mateo or in the Unlted Shtes Distdct Court br lhe Norhem Disbict of Califomia. 10.3 Seyerabllftv. lf a murl of competent iurisdic{ion ffnds or rules that any poMsion of trh Agreement is inwlid, roid, or unenforceable, lhe povisions of lhis Agreemenl not so adjudged shall remain in full force and eftct. The inmlidity ln whole or in part of any provision of this Agreement shall not void or aftc't the validity of any other pmvision of lh'rs Agreement. 10.4 No lmolled Walver of Brcach. The waiver of any breach of a specific provision of this Agreement does nol constitute a waiver of any olher breach of that tem or any other term of tris Agreement. {0,5 Succeesolr and Asslqns. The provisions of this Agreement shall inure to the benefit of and shallapplyto and bind the successors and assigns of the Parties. 10.6 Use of Products.Consultant shall prepare and submit all reports, written studies and oher prinM matedal on rocycled paper to the extent it is arrailable at equal or less cost than virgin paper. {0.7 Conflict of lnlereat. Consultant may serve other clients, but none whose activities wi6in fte coporate limits of Gity or whose buslness, egardless of location, rrtrould place Consullant in a 'conflicl of interest,' as that term is deflned in ho Political Reform Act, mdifed at California Govemment Code Section 81000, el seg. Consultant shall not employ any City official in the uttcrk perfomed pumuant to this Agreement. No offcer or employee of City shall have any financial interest in this Agreement thal would Molate Califomia Government Code Secliorc 1 090, el s6g. Consultant hereby wananb that it is not now, nor has it been in the previous tr,rrelve (12) months, an employee, agent, appointee, or offcial of the City. lf Consultant was an employee, agent, aprcintee, or ofiicial of the Oty in the previous t'ilelve (12) months, Consultant u/anants hat it did not participate in any manner in the forming of this Agreement. Consulhnt understands that, if this Agreement is made in violation of Government Code $1090, ef seg., fn entire Agnaement is void and Consulhnt will not be entitled to any compensation for services performed pursuant to thls Agreement, including reimbursement of expemes, and Consulbnt wlll h required to reimburse the CiU fur any Secton l0 10.1 82 sums paid b tlrs Consultan[ Consulhnt underdands hat, ln addlt'lon b [e bmgolng, lt may be aDjedb criminal pros€cutbn b a vblaton of Govemtrrnt Code S 1000 and, lf appflcabb, will be disquaffi fiom holdlng public offico ln he SEb of Cdlbmla. 103 Sollcltation. Conetltant q[Es not b soliclt hrclness at any meetng, &cus group, u hhilhw tglated b tl'rls Agrcement elther ordly or thrugh any written matefuls. l0"g Gonfiad Adminh,tnfion. Ihis Agreeraent Bhell be dministercd by Sam Baubta, P.E, OSDTOSP fConhact Addnhfrdon. fl oo'respndenoe ehall be dirstod b or firctryh tE ConM Admlnlahabr or hls or her desfnee. 10.10 Ndlcec. All notlcos and offier ommunicatom wtlch arc oqdred or may be giwr uder firb Agreement shall bo in wntirq ard shsll be deemod b harc been duly gluen (l) when reehrcd lf pemndly detnnrcd; $i) when rcoetued lf bansmltbd by blecopy, if IBodvBd durlng normd busirpss ltounE on a hdness day (or if not $e mil business dey sftor delircry) proui&rl that such facslmile ls hglble and hd at te tme eufi lbcsimlh b sent tre sendirq Paty rcoelvee wrttten cmfirmatlon of rscelpq ([l} lf snt br neil dry dellvery b a domeetb address by rcognhed orcmlght defivery servlce (e.g., Fedoxal Epress]; and (lv) upon rrelp[ tr sont by certfred or nglebred mall, lefum ]Ecolpt rcque*ed. ln oach case rctloe shall be sent b 0ts rcspoctte Pailhs as fotlows Gonilftant CSS Envlonmenbl Serylcea, lnc. l{D GallDriw, Suib 1 Novato, CA 94049 cilv NOTICES C[yGe* Cftyof Sonfr San Franclsoo 4fi) Grand Awnue Sonft San Francisco, GA 94080 ItwotcEs Etglneedng Gtyof Soutr San Franclsco 315 M4leAw $uth San Fmndsco, CA940e) l0.ll Prroforslonal Seal. WEr6 applloabb in the determinathn of the mnbad admlnlSrahr, he filst page of a bchnlcal Eport, fimt page of deslgn speclfloatom, and effih pago of consfirction drarirgs shall be stamped/sealed and s[ned by the llconsed prcftslonal rcsponsible br &e apoildeoign prcparatlon.',f[rc stamp/seal shall be ln a bhd< enfr'tled 'Seal and Sbrsture d Regbtorod Probssisrtdl wlttr tepoildesbn rcoponslblllty,' as in the bllowlng ercmple. 83 10.12 lntooration. This Agreement, including the scope of work attached hercto and incorporated herein as Exhibib A. B. llandlCl. and DII IEI{SURE THAT THE CORRECT EXHIBITS ARE USTED] represents the enlire and integrated agleement betvaen City and Consultant and supersedes all prior negotiations, representations, or agreemenb, either written or oral pertaining to the matterc herein. Efiibit A Scop of Services Efiibit B Compensation &hedule Bfiibit C Form 590 10.13 @gElCD31ts. This Agreement may be e)ccuted in countorpalb and/or by hcsimile or other electmnlc means, and when each Party has signed and deliverod at le6t one such counterpart, each counterperl shall be deemsd an odginal, and, when taken toge6er wi0r other signed counterpart, shallconstitub one Agreement wtrich shall be binding upon and effective as to all Parties. f 0.f a !@Egl!on The headings in this Agreement are fur the purpose of reference only and shall not limit or othenrise aftct any of the terms of tris Agreement. The parties ha\a had an equal opportunity to panicipate in the drafiing of tris Agrcement; therebe any construction as against the drating party shall not apply to tris Agreement. 10.15 No Third Pailv Beneficiaries. This Agreement is made solely for the benefit of he Parties hereto wih no inlent b benefit any non-signatory thid paflies. ISIGNATURES ON FOLLOWiIG PAGEI 84 Tho Pailios have execubd firis Agreernent as of he Eftcffw Date. CIIY OF SOUTH SAN FRANCISCO furcn Proeldent P.E. i Approved as to Form: 2n99&,t # 85 EXHIBIT A SCOPE OF SERVICES lask 1 - Quarlrrdy AroundirriE Monttuing Conzultant shall collcct groundwater samples and complcte laboratory analyses of the samples from lvlarch l, 2018 through Deccmber 31,2021 as outlined in the Wa&r Quality Monitoring Plan (WQMP, November 2000), prcparcd by Gabewell Inc., and PES Environmental. The WQMP was amended to include the Maximum Allowablc C.oncentacd Limits (MACL's, submitted in July 2004), prcpared by Gabewell Inc. and PES Environmental, lnc, Conzultant shall perform the requircd Quality Assurance and Quality Control (QC/QA) and analyses to support the analytical data, summarize all analytical results in tabular formal and fonrard copies of laboratory analytical data sheets, field data streets, and all related pertinent data to the City. fask 2- Groundtra@ Lawl Monltorlng end Sne Storm Water lnspecilons Consultant shall measure groundwater and lcacharc levels quarterly from March I, 2018 through Deoember 31,2021 and tabulate the data for zubmiual in the semi-annual report describcd bclow. Consultant will conduct visual and storm event inspections of the site and surface water discharges Aom thc site in compliancc with the General Permit for Storm Watcr Discharges. Consultant shall submit copies of stomr water inspections to the City and to the Harbor District for their records. Iaslr 3 - Sform Water ltlonltorlng Consultant shall monitor the weather and collect storm water sanrples from o!.e stoml cvent from March l, 2018 through December 31,2021. Sample colleotion shall be oompleted as outlined in the Stomr Water Monitoring Plan (SWMP, September 2000), prepared by Gabewell Inc,, and Harding Lawson Assooiates, and all subsequot amendments to the plan. Consultant shall perform the rcquired Quality Assurance and Quality Control (QC/QA) and analyses to support the analyical data" summarize all analytical results in trbular fornra! and forward copies of laboratory analytical data sheets, field data sheets, and all related pertinent data to the City. Task 4 - Completton of Annual and Sml-Annual Landfrll l/,o,nllorlng Raporc Consultant shall prepare the draft and final Annual and Semi-Annual Landfill Monitoring Reports pcr the Order. Work inoludes data compilation, coordination with the City and the Harbor District data evaluation and intcrpretation, report writing and monitoring plan development. The annual and semi-annual report due dates are stated in the Order. T*k 5 - Compleilon ol Annual Stlorm Water Monllorirng Reporls Consultant shall preparc the draft and final storm wat€r monitoring rcports. Work includes data compilation, coordination with the City and the Harbor Dishict data evaluation and interprctation, rcport writing and monitoring plan development. The annual report is due on July3l ofeach year. 86 Iasjr 6- Quailedy landfrll Pertneter Monltwlng Consultant shall conduct quarterly monitoring of the landfill gas perimeter monitoring wells. Monitoring work shall include conducting field measurements of methane concenkation in each well and measurement of the water level in each well from March 1,2018, throughDecember 3l,202l.If field meffilrements indicate methane Ievels greater than the regulatory limits, consultant shall collect a sanrple of the gas for laboratory analysis & Task 8 shall be performed. Results of the quarte$ moaitoring strall be submitted to the City and the Harbor Dishict. Consultant shall also prepare the quarterly reports for submittal to the San Mateo County Health Services Agency. Tasik7-ProJ*tManagment Consultant shall prcpare detailed invoices and project status reports for subminal to ttre City. Consultant shall meet with the City as often as necessary to coordinate activities associated with the landfill compliance monitoring and required reports. Consultant shall guamntee the qualrty controVquality assurance of all the required reports and the timely submittal of the required reports per the Order. Task 8 - llonthly Landlill Pwtmeter Monttoring (Only When Dlrectd by City) Consulant shall conduct monthly monitoring of the landfill gas perimeter monitoring wells. Monitoring work shall include conducting field measurements of methane concentration in each well and measurernent of the water level in each well. If field measurements indicate methane levels greater than the regulatory limits, consultant shall collect a sample of the gas for laboratory analysis. Results of the monthly monitoring shall be submittcd to the City and the Harbor Dishict. Consultant shall also prepare the rnonthly and quarterly reports (assooiated with this task) for submittal to the San Mateo County Health Services Agenoy. 87 EXHIBIT B COMPENSATION SCHEDULE m caa tlYltorrlrl^a aramcal, r.l GSS EIMIIEilTAL SERVTC€3, M toir{ott 801GDua @ FEEE FmcfunmEt{ttLSEnuoES FAfllE CITY oF sqnil aA,l FnAilCAA(r. Fm OIETIER nffi LAtmr qrretffiltGfa@'lr mad OEf ocFrylorP!.h.ll Tol{ &rdfrtt *frE iglar, rclEBscssorr{rRltfrrth qa.L nh 6.Fdn .l hcrquEtnl llo00 Rsoil lfilhnffirba&dbhr(OluE. A0 Ertr. EatntllcSg G&! saErEaS bchqglnadF! o poao.dr!.Elr d ItF olrn'adEbqturb@.ffirrdFa.llolor]EIlr 6r3rnclrrEf llif qar-tFio.p6a&'lllilB trd0e,rCdocrt?.d.ahrE (tm FtQ S.. odl nrliEder abr rdlrbedr osatoe ndct rd h ni Flc. EttUlranDfndffi!.hJ RrbfHffi nd.r, l6l!l8rt 3l/0t.m Sd&gbcrl 3ro00 1105,(b Eav&mcobt ftoMeho l rroo hvhoomrnlal To*dchn tr $aoo C,.,iDDopauomrlPtu trun t6O!0 Srf,&eb.rtr hdrd r!c0nii!8 Spoohthil 88 IRIgtEC'Lar toCId3Fl- .eooaeE#$ $It5EIEE. ts ! IgrtHX troo(FR il o lE .EI I-r-Lo(l eo) u' : ,=EolJ - oEE-xul I E d,EudaIE l I 89 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of June 30, 2021, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and CSS Environmental Services, Inc. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On March 14, 2018, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide environmental monitoring services. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B.City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1.All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 1: Services. The Scope of Services is hereby amended to include additional Regulatory requirements as described in the Contractor’s Proposal dated May 7, 2020, attached hereto as Exhibits A and B to this Amendment. 3.Section 1.1: Term of Service. The June 30, 2021 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with June 30, 2024. 4.Section 2: Compensation. Section 2 of the Agreement shall be amended to include the following paragraph: Payment of the Scope of Services included with this Amendment shall be based on The Amended Scope of Services and/or on time and materials per the rate schedule included with the Agreement attached hereto as Exhibits A and B. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]          90 Dated: CITY OF SOUTH SAN FRANCISCO CSS ENVIRONMENTAL SERVICES, INC. By: By: _____________________________ Mike Futrell Aaron Stessman, P.E. City Manager President Approved as to Form: By: City Attorney          CCity Clerk Attest: August 29, 2022 | 11:42:58 AM PDT 91 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-616 Agenda Date:7/27/2022 Version:1 Item #:5. Report regarding a resolution approving an amendment to a consulting services agreement with CSS Environmental Services, Inc. of Novato, California for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $300,000, authorizing a total budget of $360,000, and authorizing the City Manager to execute the agreement.(Dave Bockhaus, Deputy Director of Public Works) RECOMMENDATION It is recommended that the City Council adopt a resolution approving an amendment to the consulting services agreement with CSS Environmental Services, Inc. of Novato, California for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $300,000, authorizing a total budget of $360,000, and authorizing the City Manager to execute the agreement. BACKGROUND/DISCUSSION The Oyster Point Landfill is a City-owned, closed unlined Class III landfill located along the San Francisco Bay in the City of South San Francisco (for map, see Attachment 1). The landfill area has been developed for use as open space, biotech development, bay trail, public marina, boat launch area, and a future hotel complex. The San Mateo Harbor District operates the public marina on the landfill and is responsible for the general maintenance of the marina facilities. The landfill is regulated by the Regional Water Quality Control Board (RWQCB) under Order No. 00-046, herein referred as “Order”, issued on June 21, 2000. The Order imposes closure and post-closure requirements on the City as part of ongoing development. Technical environmental monitoring reports that are submitted to the RWQCP are a requirement of the Order. City staff relies on environmental consultants with appropriate expertise to perform the required monitoring and reporting. In 2018, the City entered into an agreement with CSS Environmental Services, Inc. for the required monitoring and reporting. The current agreement expired on June 30, 2021, but it does include provisions to extend and amend the contract if desired by the City. Based upon CSS Environmental Services’ familiarity with the site, expertise, and previous performance, staff recommends amending the agreement for a term not to exceed three years and to increase the budget authority to provide for the additional services. The contract extension will be back dated to be effective as of June 30, 2021 so that the agreement is kept continuous with additional funding. The draft amendment, and updated Scope of Services and budget documentation are included as attachments to the accompanying resolution. FUNDING City of South San Francisco Printed on 7/22/2022Page 1 of 2 powered by Legistar™92 File #:22-616 Agenda Date:7/27/2022 Version:1 Item #:5. The estimated cost for CSS monitoring and reporting is $300,000 for the term of the agreement ($100,000 annually). Staff proposes to include a ten-percent contingency of $30,000 and ten-percent administrative oversight of $30,000 for a total not to exceed amount of $360,000. Contingency funds will be used for any unforeseen conditions, or any future additional monitoring required by the Regional Water Quality Control Board. This consulting services agreement is funded through the Solid Waste Fund. There are sufficient funds to pay for these monitoring costs. CONCLUSION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a a first amendment to the consulting services agreement with CSS based on their performance, experience, and familiarity of the site and monitoring requirements. Attachments: 1. Vicinity Map 2. Original Consulting Services Agreement with CSS Environmental, Inc. 3. Amended Scope of Services 4. CSS proposal for additional services City of South San Francisco Printed on 7/22/2022Page 2 of 2 powered by Legistar™93          94          95 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 1 May 7, 2020 Mr. Maurice Kaufman City of South San Francisco Engineering Division c/o West Coast Code Consultants, Inc. 1144 65TH Street Oakland, CA 94608 SUBJECT: Proposal for Environmental Activites Related to New Former Oyster Point Landfill Water Line Monitoring Stations South San Francisco, CA CSS Proposal 050420 Dear Mr. Kaufman: Thank you for the opportunity discuss the City of South San Francisco’s (the City’s) anticipated need to monitor and maintain monitoring stations along the relocated Cal Water supply line supporting the redevelopment of the Former Oyster Point Landfill. We welcome the opportunity to provide you with this proposal to support the City in this effort. CSS Environmental Services, Inc. (CSS) is uniquely qualified to provide you with the services described herein as we have been providing the City with compliance monitoring services at the former Oyster Point Landfill since 2008. The monitoring is required by the present RWQCB Order No. 00-046 which specifies Waste Discharge Requirements (WDRs) for the City as discharger and owner of the Oyster Point Landfill property and has been in place since June of 2000. CSS completes groundwater monitoring, storm water inspections and monitoring, and landfill gas monitoring activities for the City and provides associated reporting and project management of these activities. In addition, CSS has experience performing compliance monitoring at several other closed landfills regulated by the RWQCB and local county agencies, including: x Former Smith Ranch Road disposal site. CSS performed monitoring and reporting activities at the current Captain’s Cove condominium site for the homeowner’s association. At our recommendation, the Marin County Environmental Health Department (MCEHD) and the California Integrated Waste Management Board (now Cal Recycle) closed the site after years of declining concentrations of landfill gas in 2007. x Former Horst Hanf Landfill. CSS is providing on-going environmental compliance monitoring at this closed landfill and current Bayview Business Park regulated by Cal Recycle and the MCEHD. x Former San Quentin Solid Waste Disposal Site. CSS provides environmental compliance monitoring at this closed solid waste disposal site and current Home          96 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 2 Depot and Target retail stores. This site is located in San Rafael and is regulated by Vic Pal of the RWQCB. Mr. Pal also regulates the Former Oyster Point Landfill for the RWQCB. PROPOSED SCOPE OF WORK In support of the City’s requirements found in their pending Utility Agreement with Cal Water, CSS sees the following scope of work tasks and estimated annual budget based on time and material charges according to our existing Oyster Point fee schedule. 1 Meetings CSS anticipates attending two meetings with the City, the Developer, Cal Water and/or the RWQCB as needed each year. $1,450 per year 2 Preparation and Submittal of Quarterly Reports The Agreement requires the City to submit quarterly reports to Cal Water including semi- annual monitoring reports (already contracted with CSS by the City), quarterly readings of groundwater elevations in existing monitoring wells (presently performed quarterly and reported semi-annually by CSS for the City), the latest ground elevation surveys and ISO settlement maps, sampling results from any water station. As semi-annual reports are currently prepared two additional quarterly reports are required per year. $4,800 per year 3 Survey of Selected Fire Hydrants The City is required to survey selected fire hydrants, capturing any settlement at 30 days, 1 year, 3 years and 5 years after water line tie-in. $1,350 per event 4 Develop ISO Settlement Map The City is required develop a ISO Settlement Map after water line tie-in and every 5 years thereafter. CSS assumes that ground elevations will be surveyed across the landfill to determine settlement and that the City can provide us with the baseline map. $4,500 per event 5 Sampling and Analysis of Water Stations/Water System Wells Under some circumstances samples from the water system monitoring stations and water system wells must be collected and analyzed . $1,600 per event Our total estimated annual budget for providing the City of South San Francisco with support water line monitoring at the Former Oyster Point Landfill, as described above, assumes one of each of Task 1 through 4, and two events of Task 5 will need to be completed each year. This brings the annual estimated cost to: $15,300          97 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 3 If you desire, I am available to meet at your convenience to discuss the project in more detail. If you have any questions, please do not hesitate to call our office at (415) 883-6203, or contact me on my mobile at (415) 948-4385. Sincerely, CSS ENVIRONMENTAL SERVICES, INC. Aaron N. Stessman, PE C054644 President          98 Task and Basis Source Hrs/Units Rate Cost Project Mang 8 $185 $1,480 Staff Engineer I 50 $90 $4,500 CSS Equip 4 $400 $1,600 Laboratory (Annual) 5 $138 $690 Laboratory (Semi) 18 $138 $2,484 SUBTOTAL $10,754 Staff Engineer I 24 $90 $2,160 SUBTOTAL $4,380 Project Mang 15 $185 $2,775 Staff Engineer I 36 $90 $3,240 Equip 4 $400 $1,600 Laboratory 36 $747 $26,892 SUBTOTAL $34,507 Project Mang 32 $185 $5,920 Staff Engineer II 60 $105 $6,300 CADD 16 $70 $1,120 SUBTOTAL $13,340 Staff Engineer II 20 $105 $2,100 SUBTOTAL $2,840 Project Mang 8 $185 $1,480 Staff Engineer II 4 $105 $420 CADD 4 $70 $280 Env Tech II 36 $82 $2,952 Gem2000 Gas Meter 4 $250 $1,000 SUBTOTAL $6,132 Project Mang 100 $185 $18,500 Staff Engineer II 100 $105 $10,500 Misc. Outside Costs 1 $642 $642 SUBTOTAL $29,642 SUBTOTAL $2,220 Project Mang 16 $185 $2,960 Staff Engineer II 30 $105 $3,150 CADD 8 $70 $560 SUBTOTAL $6,670 SUBTOTAL $2,700 SUBTOTAL $9,000 SUBTOTAL $3,200 Total Annual Cost TOTAL $125,385 Project Mang 12 $185 $2,220 $4,500 $9,000 Sampling/Analysis 2 $1,600 $3,200 Task 9 - Cal Water Quarterly Reports . Submit quarterly reports to al Water including semi-annual monitoring reports (already contracted with CSS by the City (Task 4), quarterly reading of groundwater elevations in existing monitoring wells (presently perfromed quarterly and reported semi-annualy (Task 1). As semi-annual reports are currently prepared two additional quarterly reports are required per year. Annual cost is presented. Task 10 - Survey of Fire Hydrants . The City is requred to survey selected fire hydrants, capturing any settlememt at 30 days, 1 year, 3 years and 5 years or as directed after water line tie-in Annual cost is presented. Task 11 - Develope ISO Settlement Map. The City is required to develop a ISO settlement Map after water line tie-in and every 5 years thereafter or as directed. CSS assumes that ground elevations will be surveyed across the landfill to determine settlement and that the City can provide a baseline map. Annual cost is presented. Project Mang 12 $185 Survey 2 $1,350 Survey/ISO Map Project Mang 4 $185 $740 Task 7 - Project Management and extra work. Prepare detailed invoices and project status reports, meet with City as necessary. Review work of others during redevelopment. Misc tasks such as structure monitorings and future regulatory compliance/meetings. Annual cost is presented. Task 8 - Meetings. Attend meetings with the City, the Developer, Cal Water and/or RWQCB as needed each year. Annual cost is presented. $2,220 CSS Environmental Services, Inc. - Breakdown of Cost Proposal for Environmental Compliance Monitoring Required by the Regional Water Quality Control Board (RWQCB) Order No. 00-046 for the Former Oyster Point Landfill Task 5 - Completion of Annual Storm Water Monitoring Reports. Work includes data compilation, data evaluation and reporting to the State's SMART system. Annual cost is presented. Task 6 - Quarterly Landfill Perimeter Monitoring . Perform landfill gas and water level monitoring for perimeter gas wells. Prepare semi-annual report for submittal to City, Harbor District and San Mateo County Health Services Agency. Two quarters are reported with Annual/Semi-Annual landfill monitoring reports. Annual cost is presented. Task 12 - Sampling and Analysis of Water Stations/Water System Wells. As directed samples will be collected and analyzed from the water system monitoring stations and water system wells. Annual cost is presented. Task 1 - Annual Cost of Quarterly Groundwater Monitoring . Cost presented here includes collection of levels quarterly, collection of groundwater compliance samples semi-annually, and collection of leachate samples annually. Task 2 - Storm Water Inspection. Conduct visual and storm event inspecitons of site and surface water discharges in compliance with General Permit and submit copies to City and Harbor District. Annual cost for 1 storm and 3 non-storm events. Task 3 - Storm Water Monitoring . Monitor weather and collect samples at 6 locations from FOUR storm events as per monitoring plans and ammendments annually. Prepare summary table of results and forward with records to City. Annual Cost is presented. Task 4 - Completion of Annual and Semi Annual Landfill Monitoring Reports . Prepare reports for submittal by email and to GeoTracker. Discuss recent activities, results of water quality monitoring programs and landfill gas monitoring programs. Prepare summary tables and illustrative figures. Annual cost is presented. $2,700 2 99 ENVIRONMENTAL MONITORING OF THE FORMER OYSTER POINT LANDFILL CSS ENVIRONMENTAL SERVICES, INC SEPTEMBER 11, 2024 Government Code Section 54957.S SB 343 Agenda Item: Item #10 09/11/2024 100 2 Background 101 CSS Environmental: Ensuring Compliance and Safeguarding Oyster Point's Future 3 102 Total Project Costs 4 Monitoring and Reporting Contingency Administrative Cost Total Original Contract 233,910.00$ 23,391.00$ 23,391.00$ 280,692.00$ First Amendment 300,000.00$ 30,000.00$ 30,000.00$ 360,000.00$ Second Amendment 257,039.00$ 25,704.00$ 25,704.00$ 308,447.00$ 790,949.00$ 949,139.00$ 103 Thank You 5 104 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-660 Agenda Date:9/11/2024 Version:1 Item #:10a. Resolution approving a Second Amendment to the Consulting Services Agreement with CSS Environmental Services,Inc.of Novato,California,for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $257,039 for an additional two years,authorizing a total budget of $949,139,and authorizing the City Manager to execute the agreement. WHEREAS,the Oyster Point Landfill is a City-owned,closed,unlined Class III landfill located along the San Francisco Bay in the City of South San Francisco; and WHEREAS,the landfill is regulated by the Regional Water Quality Control Board (RWQCB)under Order No. 00-046, herein referred to as “Order,” issued on June 21, 2000; and WHEREAS,the Order imposes closure and post-closure requirements on the City as part of future development; and WHEREAS,the Annual Monitoring Report,the Semi-Annual Monitoring Reports,the Quarterly Monitoring Reports,and the Monthly Monitoring Reports (as required)are part of the compliance requirements of the Order; and WHEREAS,these reports include quarterly groundwater monitoring reports;annual and semi-annual landfill monitoring reports;annual storm water monitoring reports;and monthly and quarterly landfill perimeter monitoring reports; and WHEREAS,CSS Environmental,Inc.has performed these inspections and reporting as part of a Consulting Services Agreement since March of 2018 under contract; and WHEREAS,the City Council approved a First Amendment to extend the term and compensation of the original Agreement on July 27, 2021; and WHEREAS,the City desires to amend the 2021 Agreement to extend the term and compensation of the current agreement; and WHEREAS,sufficient funding exists in the current operating budget for CSS Environmental,Inc.to perform these services. NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™105 File #:24-660 Agenda Date:9/11/2024 Version:1 Item #:10a. NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a Second Amendment to the Consulting Services Agreement,attached herewith as Exhibit A,with CSS Environmental,Inc.of Novato,California,in an amount not to exceed $257,039 for the Second Amendment and a total amount of $790,949.00 as specified in Exhibit A,conditioned on CSS Environmental Services,Inc.’s timely execution of the consulting services agreement and submission of all required documents,including but not limited to,certificate of insurance and endorsements,in accordance with the project documents. BE IT FURTHER RESOLVED that the City Council hereby authorizes a total project budget of $949,139. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Second Amendment in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by CSS Environmental Services,Inc.’s signed contract and all other documents,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of the accompanying staff report or this resolution that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™106 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of June 30, 2024, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and CSS ENVI RONMENTAL SERVICES, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On March 14, 2018, City and Contractor entered a certain t hree-year Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide Environmental Monitoring and Reporting Services in an amount not to exceed Two Hundred Thirty -Three Thousand Nine Hundred Ten Dollars ($233,910). A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. The First Amendment to the Agreement was made on June 30, 2021, for a 3-year extension with an intended One Hundred Thousand Dollar ($1 00,000) per fiscal year authorization limit. A true and correct copy of the First Amendment and its exhibits not inclusive of the original agreement attached as Exhibit A is attached as Exhibit B. C. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment unless specifically provided herein to the contrary. 2. Section 1.1: Term of Services is hereby amended as follows: The June 30, 2024, end date for the Term of Services is hereby replaced with June 30, 2026. 3. Section 2: Compensation is hereby amended as follows: Compensation shall be amended such that the City agrees to pay Consultant a sum not to exceed Seven Hundred Ninety Thousand Nine Hundred Forty-Nine Dollars ($790,949.00) with an understanding that up to Five Hundred Thirt y-Three Nine Hundred Nineteen Dollars ($533,919.00) has been committed in prior years. Consultant and City agree that this is the City’s total compensation of costs under the Agreement unless additional compensation is authorized in accordance with the terms of the Agreement. Any additional compensation shall be mutually agreed to by and between the Parties in writing. 107 Consultant’s updated Cost Proposal attached to the Agreement as Exhibit B and to the First Amendment as Exhibit B.1 is hereby amended and replaced with Exhibit B.2, attached to this Second Amendment. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] 108 Dated: CITY OF SOUTH SAN FRANCISCO CSS ENVIRONMENTAL SERVICES, INC. By: By: Sharon Ranals, City Manager Consultant Attest: By: City Clerk Approved as to Form: By: City Attorney 109 CONSULTING SERVICES AGREEMENT BETVTEEN THE CTTY OF SOUTH SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC, THIS AGREEMENT fur consulting services 'rs made by and betY'ieen he city of south san Francisco ('Citf) and CSS Envimnmental Services, lnc. fconsultanf) (together sometimB refened to as the 'Parlies') as of March 14, 2018 (the'Efiective Date'). Section 1. SER\4eEg. Sublec{ to $re terms and conditions set forth in this Ageement, Consulhnt I[Iit o-poviAe to CitV tre services described in the Smpe of Wort atbched heroto and inmrporated herein as gr;niUit R. at the tlme and place and in the manner specified therein. ln h6 o\Ent of a conflict in or inconsisnnry bet',veen the terms of thb Agreement and l$l!!!.$ the Agreement shall prevail' l.l Term of Servlces. The term of this Agreement shall begin on $e Efiectiw Date and shall end on June 30, 2021, the date of mmpletion speclfied ln E$ibit A. and Consultant shall complete he uo* described in Exhibit A on or beforc that dde, unless the term of he Agreement is othenrvise terminated or etGnded, as pmMded for in @l@!. The time pmvided to Consultant to mmpleb tro services rcquircd by this Agreement shall not aftct the Cil/s right to terminate $e Agrcement, as provided fur in Section 8. 1.2 Slandad ol Perfomance. Consultant shall perform all work required by lhis Agreement in a substantial, first+lass manner and shall conhrm to the standards of quality normally observed by a person praclicing in Consultanfs prohssion. 't,3 Assionment of Pemonnel. Consultant shall assign only competent personnel to perhrm seNices putsuant to this Agreement ln the ewnt that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upn receiving notice fiom City of such deske of City, reassign such person or persons. 1.4 fug Consultant shall devote such time to the porfomance of services puEuant to this Agreement as may be rcasonably necessary to meet the shndard of performance provided in Sections 1.1 and 1 .2 above and to satisfl Consultants obligations hereunder, Sec{lon 2. COMPEIISATION. City hereby agrees to pay Consultant a sum not h exceed Two Hundred Thirty Three Thousand Nine Hundred Ten Dollars ($233,910) notwihstanding any contrary indications that may bo contained in Consultanfs proposal, 6r seMces to be performed and reimbunsable costs incurcd under $is Agreemen[ In the event of a conflic't between this Agreement and Consullant's proposal, attached ae Exhibit A. or Consultanfs compensation schedule, attached as Exhibit B. rcgarding the amount of compensation, the Agreement shall prcvail. City shall pay Consultant for seMces rendercd pursuant to this Agreement al the time and in the manner set for$ herein. The payments spcified below shall be lhe only payments from City to Consultant for seMcos rendered pucuant to this Agreement. Consultant shall submit all inroices to City in the manner specified herein. Except as specilically authorized by City in wdting, Consultrnt shall not bill City for duplicate seMces performed by more than one peEon. EXHIBIT A 110 Consultant and City acknowledge and agree that compensalion paid by City to Consultant .under this Agreement is base'd upon Consultanfs estimated costs of providing the services required herermder' iniluding salaries and benefib of employees and subcontraciors oJ Consulhnt. Consequently, he Padies further furee grat ompensalion hereunder is inbnded to include the cosb of conlributions to arry pensions and/or ainuities to which Consultant and its employees, agents, and subcontradors may be eligible. City thereforc hag no rcsponsibility for such contribulions bepnd compensation mquired under this {greement. 2,1 lnvolces. Consultant shall submit inroices, not more often han once per month dudng the term of this Agreement, based on ttre ost for all services performed and rcimbursable ccb incuned prior to the in\oice date. lnvoices shall contain all tp fullowing lnformation: . Sorial identifications of progress bills (i.e., Prcgrcss Bill No, 1 for he first invoice, eb); ' Ihe beginning and ending dabs ofthe billing pedod;. A task summary contrining the original contract amount, the amount of prior billings, te tohl due this period, the balance available under the Agrcement and the percentago of complefon;. At Citlis option, fur each mrk item in each tash I copy of the applicable time enfles or tlme sheeb shall be submitted showing the name of he person doing the work, the hours spent by each person, a brief description of he uork, and each reimbursablo expense;. The htal number of hours of uprk performed under the Agreement by each employee, agent, and subcontmctor of Consultant perhrmlng seMces hereunder;. Consulhnt shall give separate notice to the Cig when the htal number of hours vioiled by Consultant and any indMdual employee, agent or subcontractor of Consultant roaches or exceeds eight hundted (800) hours w'tiin a tv'elw (12)- month period undet this Agrcement and any oher agreement betuaen Consultant and City. Such nolice shall include an estimate of he time necessary to complete uork descdbed in ftfi!!fu\ and the estimde of time necessary to complote wod( under any other agreement between Consulhnt and City, if applicable.. The amount and purpose of acfual expenditures for which rcimbursement is sought;. The Consutlants signatrre. 2.2 Monthlv Pavmenl City shall make monthly paymenb, based on invoices received, for services satisfactorily peftmed, and br authodzed reimbursable costs incuned. City shall have thirty (30) days ftom the receipt of an invoice that complies with all of ttre requircments above to pay Consultant. Each invoice shall include all expenses and ac{ives performed during the invoice period fur which Consultant oxpects b receive payment. 2.3 Flnal Pavment. City shall pay the fi\,e percent (5%) of the total sum due punuant to this Agreement within sixty (60) days after completion of the servicos and submittal to City of a final invoice, if all seMces required haw been sdsfactorily performed. 2,4 Totel Pavmont. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. C'rty shall not pay any additional sum for any expense or cost wtratsoever 111 2.5 2.6 incuned by Consultant in rendering services pursuant to this Agreement. Ci$ shall make no payment fur any extm, further, or additional service pursuant to lhis Agreement. ln no event shall Consulhnt submit any inrmice fur an amount in excess of the maximum amount of compensation provided above either for a task or for he entire Agreement, unless lhe Agreement ls modified prior to tre submission of such an inroice by a pmpedy executed change order or amendment. Hourlv Foes. Fees for urork perfurmed by Consultant on an hourly basis shall not exceed the amounh shown on he compensation schedule athched hereto and incorporated herein as Exhib'rt B. Reimbursable Exoeneea, The fullowing constitute reimburcable expenses authorized by tlris Agreemen[ mileage, parking, tolls, printing, out of ar€a travel, conference calls, postage, express mail, and delivery.. Reimbursable epenses shall not eloeed One Thousand Dollars ($1,000). Epenses not llsted abow are not chargeable to City. Reimbursable expenses ale included in tn total amount of compensation provided under Section 2 of this Agreement thal shall not be exceedod. Paunent of Taxes: Tax llllthholdlno. Consultant is solely responsible for the payment of employment taxes lncuned under this Agreement and any similar federal or state taxes. To be exempt fiom tax withholding, Consultant must provide Cfi with a valid Califomia Franchise Tax Board brm 590 ('Form 590'), as may be amended and such Form 590 shall be attached hereto and inorporated herein as Exhibit C. Unless Consultant pmvides City with a valid Form 590 or other valid, wrtttgn evidence of an exemption or waiver ftom withholding, City may withhold Calihrnia taxes ftom paymenb to Consullant as required by law. Consultant shall obtain, and maintain on file fur three (3) years after the termination of this Agreemenl Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Coneultant accepts sole responsibllity br withholding taxes from any non- Califomia resident subconhactor and shall submit wriften documentation of compliance with Consultanfs withholding duty to City upon r€quest. Pavment uoon Terminatlon, ln the event that the City or Consultant terminates this Agreement pursuant to Seciion 8, the City shall compensate the Consultant for all outstanding cos-ts and reimbursable expenses incuned for work gaflsfac{orily completed m of the date of written notice of termination. Consultant shall maintain adequate logs and timesheeb to veilfy msts incuned lo thal date. 2.7 2.8 2.9 Authorlzation to Perform Services, The Consultant is not authorized to perform any seMces or incur any costs whatsoever under fire terms of tris Agreenrent until recaipt of auhorization trom the Contact Adminisfrator. 2.10 False Clalms Act, Presenting a false or fiaudulent claim br payrnent, including a change order, is a Molation of the Califomia False Claims Act and may result in treble damages and a fine offive thousand (95,000) to ten thousand dollars ($10,000) per violation. Prevalllng Wage, Where applicable, the wages to be paid for a da/s work to all classes of laborers, workmen, or mechanics on the u/ork contemplated by fris Agreement, shall be 2.11 112 not less than the prer/lailing rate br a da/s wod< in the same trade or occupation in ffu locality within the state wtrere the work hercby contemplatm to be peftrmed as detormined by the Director of lndustrial Relations pursuant to the Dimcto/s authority under Labor Code Section 1770, et seq. Each laborer, uorker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided br. The Consultant shall pay tuo hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty fur each worker paid l6ss than prevailing rate of per diem wages. The difierence between fre prevailing nate of per dlem wages and the wage paid to each uorker shall be paid by fie Consulhnt to each uorker. An emor on the part of an awarding body does not relieve the Consultant from responsibility fur payment of the prevailing rah of per diem wages and penalties pursuant to Labor Code Sections 1770 175. The City will not recognize any claim fur additional compensation because of the payment by the Consultant fot any wage rate in elaess of prevailing uage rate set forh. The pmsibility of wage increases is one of the elements to be mnsidered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. lf ffte schedule of prevailing wage rates ls not attached hereto pursuant to Labor Code Section 1713,2, the Consulhnt shall post at appropriate consphuous points at the site of the project a schedule showing all determined prevailing urage rales for lhe various classes of laborers and mechanics to be eryaged in uo* on the project under this contract and all deductions, if any, required by law to be made hom unpaid wages actually eamed by the laborers and mechanics so engaged. b. Payroll Remrds. Each Consultant and subconbactor shall keep an accurate payroll record, showing the name, addrcss, social security number, wo* week, and the actual per diem wages paid h each joumeyman, apprentice, worker, or o$er employee employed by the Consultant in connection with the public rmrk. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.' Section 3. FACIUTIES AND EOUIPMENT. E:<cept as set forth herein, Consultant shall, at its sole msl and expense, provide all facilities and equipment that may be necessary to perbrm the services required by ttis Agreement. City shall make available to Consulbnt only the facilities and equipment listed in lhis section, and only under the tems and conditions set furth herein, City shall fumish physical facilities such as desks, filing cabineh, and conference space, as may be reasonably necessary for Consultanfs use while consulting wilh Gity employees and reviewing records and the information in poosession of the City. The location, quantity, and time of fumishing those facilities shall be in the sole discretion of Cig. ln no eront shall City be obligated to fumish any facility that may involve incuring any direc't expense, including but not limited to computer, longd'tstance telephone or other communicalion charges, vehicles, and reproduction facilities. Section4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless othenrrise specified below, shall procure the gpes and amounls of insurance lisled below against claims for injuries to persons or damages to property that may arise fiom or in connection with the perbrmance of the work hereunder by the Consultant and its agents, 113 rcpresontatives, employees, and subcontractors. Consbtent with tte following provisions, Consultant shall provide proof satisfactory to Cig of such insurarre that meeb the requirements of this section and under forms of insurance satisfaclory in all rcspects, and that such insurance is in efect pdor to beginning uork to the City. Consulhnt shall maintain the insurance policies rcquired by this section throughout the term of his Agreement. The mst of such insurance shall be included in he Consultants bid. Consullant shall not allow any subconbactor to commence wDrk on any subconlract until Consultant has obbined all insurance required herein for lhe subconhacto(s). Consulhnt shall maintain all required insurance listed herein br he duration of this Agreement. 4.1 Wod<ers' Compensatlon. Consulhnt shall, at its sole cost and expense, maintain Shtutory Workers' Compensation lmurancs and Employe/s Liability lnsurance for any and all persons employed direc'tly or indirectly by Consulbnt. The Statutory Workers Compensation lnsurance and Employe/s Liability lnsutance shall be povided wilh limib of not less than $1,000,000 p€r accident. ln ttre altemative, Consultant may rcly on a self- insuran@ program to meet those requircmenb, but only if he program of self-insurance complies fully with the provisions of lhe Califomia Labor Code. Determination of whether a self-insurance program meeb the standads of the Labor Code shall be solely in he discrction of fie Confact Administrator, as defined in Section 10.9. The insurer, if insurance is provided, or he Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and lts officers, officials, employees, and wluntees for loss arising fmm uork perfurmed under this Agreement. 4,2 Commercial General and Automobile Liabilitv lnsurance. 4,2,1 General reouirements. Consultant, at ib own mst and gxpense, shall mainhin commercial general and automobile lhbil'tty insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per o@urence, mmbined single limit coverage br dsks associated wih he uork contemplated by this Agmement. lf a Commercial General Liability lnsuftmce or an Automobile Liability turm or o$er form wilh a general aggcgate limit is used, eiher the general aggregate limit shall apply separately to the uork h be performed under $is Ageement or he general aggregate limit shall be at least twice the requircd occunence limit. Such covemge shall include but shall not be limited to, protection against claims arising from bodily and personal inJury including death resulting therefrom, and damage to propefty resulting fiom activities contemplated under this Agreement including lhe use of owned and non- owned automobiles. 4.2,2 Minimum scope of coveraqe, Commercial general covenage shall be at least as broad as lnsurance Services ffice Commercial Genenl Liability occunence fom CG 0001 or GL 0002 (most recent editions) covering comprchensive General Liability lnsurance and Services ffice brm number GL 0404 covering Broad Form Comprehensive General Liability on an 'occunence' basis. Automobile coverage shall be at least as broad as lnsurance Services ffice Automobile Liability brm CA 0001 (most recent edition). No endorsemenl shall be attached limiting the coverage. 114 4.2.3 Addltlonal rcouircmenb. Eadr of the following shall be included in he insurance coverage or added as a certified endooement b the policy:a. The lnsurance shall co\rer on an o@urence or an accident basb, and not on a claims{ade basis,b. Any fallure of Consultant to comply with rcprting prcvisions of the policy shall not afiec't coverage provided to City and its offcers, employees, agents, and rolunteens. 4.3 ProfessionalLiabilitvlnsurance, 4.3.1 General requirements. Consultant, at ils own cost and expense, shall mainlain for the pedod cowred by this Agreement profussional liability insurance fur licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covoring tho licensed professionals' enorc and omissions, Any deductible or self-insured retention shall not exceed ONE HUNDRED AND FFry THOUSAND DOLLARS ($150,000) per claim. 4.3.2 Clalmemade limihtions. The following provisions shall apply if the profussional liability coverage is written on a claim+made form:a. The rstroactive date of the polcy must be shown and must be behrc he date of he Agreement.b. lnsurance must be maintained and evidence of insurance must be pmvided fur at least five (5) years after mmpletion of the Agreement or the nork, so long as mmmercially available at reasonable rates.c. lf coverage is canceled or not renewed and it is not replaced with anoher claims"made policy form with a retoactive date that precedes he date of this Agreement, Consultant shall purchase an extended period correrage for a minimum of fwe (5) years after completion of rltork under his Agreement or the work. The City shall have lhe right to exercise, at the Consultants sole cost and expense, any extended reporling provisions of the policy, if the Consultant cancels or does not renew the coverage.d. A copy of the claim reporting requircmenk must be submited h he City br review prior to the commencement of any uork under this Agreement. 4.3.3 Addltlonal Requiromenb. A cert'fied endorsement to include conbactual liability shall be included in the policy 4,4 All Policles Requirements. 4,4.2 Verilication of coveraqe, Prior to beginning any work under this Agreement, Consultant shall fumish City wih complete copies of all policies delivered to C,onsultant by the insurer, including complele mpies of all endorsements attached to those policies. All copies of policies and certified endorsemenb shall show the 4.4|l Accepbbilltv of insurcrc. All insuranca required by this section is to be placed with insurers wih a Besb' rating of no less han A:Vll. 115 signature of a person authorized by that lnsurer to bind corlerage on ib behalf. lf the City does not receive the required insunance documenb prior to he Consultant beginning uort, thls shall not waive tre Consultanfs obligation to provide them. The City reserves th6 right to requirc compleb coples of all rcquired insumnce policies at any time. 4.43 Notice of Reduction in or Cancellation of Coveraqe, A certified endorsement shall be attached to all insurance obtained pursuant h this Agreement stating that coverage shall not be suspended, wided, canceled by eiher party, or rcduced in coverage or in limits, except after thirty (30) days' prior written notice by cartified mail, retum receipt requested, has been given to he Cig. ln the event tnt any coveftlge required by this section is reduced, limited, cancelled, or materially affacted in any olher manner, Consultant shall provide written notice to City at Consultanfs earliest possible opportunity and ln no case later than ten (10) uorking days afier Consultanl is notified of the change in coverage. 4,M Additlonal lneutrd: odmaru lnsuranco. Cig and its offcers, employees, agenb, and rclunteers shall b6 covecd as additional insurcds witr respect to each of the following: liability arising out of ac'tivities performed by or on behalf of Consultant, including the Citfs general supeMsion of Consulhnt ppducls and comdeted operations of Consultant, as applicable; premises ovmed, occupied, or used by Consultan[ and automobiles oumed, leased, or used by lhe Consultant in the cource of providing services pursuant to his Agreement, The coverage shall contain no special limitations on the scope of protection aftrded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating hat coverage is primary insurance wih respect to the City and ih offcee, officials, employees and wlunteerc, and hat no insurance or self-insurance malntained by the City shall be calM upon to conldbute to a loss under the coverage. 44,5 Dedudibles and Self.lnsurcd Retentions. Consultant shall disclose to and obtain the appmrcl of City br he self-insured retentions and deductibles befure beginning any of he seMces or uork called for by any tem of this Agreement. Furher, if he Consultants insurance policy includes a self-imured retention that must be paid by a named insured as a precondition of lhe insure/s liability, or which has the efbct of providing that payments of he self-insured retontion by others, including additional insureds or insumrs do not serw to satisfl the self- insured retention, such provisions must be modified by spoial endorsemenl so as to not apply to lhe additional insured coverage required by this agreement so as to not prevent any of $e parties to lhis agreement fmm satisfying or paying the self- insurcd retenton required to be paid as a precondition to the insurc/s liability. Addltionally, the certificates of insurancs must note whelher the policy does or does not include any self-insured retention and also must disclose the deductible. During the period mvered by ttris Agreement, only upon the pdor express written aulhodzation of Contract Administrator, Consultant may increase such dedudibles 116 or self-insured retentions with respect to Gity, its ofiicers, employees, agents, and volunteers. The Contract Administrator may condition apprcval of an increase in deductible or self.insured retention levels with a requirement that Consultant procure a bond, guaranteelng payment of losses and related investigations, claim administration, and defunse expenses that is satisfactory in all respects to each of them. 4.4.6 Subconhactors. Consultant shall include allsubconhactors as insureds under its policies or shall fumish separate certificates and certified endorsements fur each subcontractor. All @verages for subcontnactons shall be subject to all of the requircments stated herein. 4.4.7 Wastino Pollcv. No insurance policy requircd by Section 4 shall include a 'ums{ing' policy limit. 4.4.8 Variation. The City may appro\re a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the Citt's interests are othenrise fully proteded. 4.5 Remedleo. ln addition to any other remedies Ci$ may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, uftich are altematives to other remedies City may have and arc not the exclusive remedy for Consultants breach: a. Obtain such insunance and deduct and retain the amount of the premiums for such insurance fom any sums due under the Agreemenfi b. Order Consultant to stop uork under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and rvltrhold any payment, until Consultant demonstrates compliance with the requirements hereot and/or c, Terminate his Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest extent permitted by law, Consuhtant shall, to he fullest extent allowed by law, wih respect to all SeMces perfonned in connection with this Agreement, indemnity, defend with counsel selected by the City, and hold harmless the City and its officials, offcers, employees, agenB, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance ('Claims'), to the extent caused, directly or indircctly, in whole or in part, by the willful misconduct or negligent ac,ts or omissions of Consultant or its employees, subcontrac'tors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wtrolly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, sukontractor, or agents have contributed in no part to the injury, loss of life, damage to propefty, or violation of law. 5.1 lnsurance Not ln Place of lndemnitv. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability 117 under this indemnification and hold harmless clause. This indemnification and hoH harmless clause shall apply to any damages or claims for damages wheher or not such insuranco policies shall have been determined to apply. By execution of ttis Agreement, Consultant acknowledges and agrees to the pmvisions of this Section and that it is a material element of consideration. 5.2 PERS Llabllitv. ln the event that Consultanl or any employee, agent, or subcontmctor of Consultant providing services under this Agreement is determined by a court of compotent jurisdiction or the Calibmia Public Employees Retiremsnt System (PERS) to be eligible for enrollmenl in PERS as an employee of City, Consultant shall indemniff, deftnd, and hold harmless City for the payrnent of any employee and/or employer contributions br PERS benefib on behalf of Consultant or its employees, agenQ or subcontractors, as uoll as for the payment of any penalties and inlerest on such contdbutions, wtrich tr$uld otherwise be the responsibility of City. 5.3 Thlrd Partv Clalms. With res pect to thid party claims against the Comultant, the Comultant waiws any and all rights of any type of express or implied indemnity against the lndemnitees. STATUS OF CONSULTANT.Section 0. 6.1 6.2 Secton 7. 7:l 7,2 lndeoendent Gontractor. At all times during the term of this Agreement, Consultant shall be an independent conhac,tor and shall not be an empbyee of City. City shall have the right to control Consultant only insofar as he rcsults of Consulbnfs services rcndered pursuant to lhis Agreement and assignment of personnel pursuant to Subparagraph 1.3; houever, othenrise City shall not have the right to control the means by which Consulhnt accomplishes seMces rendered pursuanl to his Agreement. Notwihstanding any other City, state, or fedeml pollcy, rule, regulation, law, or ordinance to he contrary, Consullant and any of its employees, agenb, and subcontractorc providing services under this Agreement shall not qualiff for or bemme entifled to, and hereby agrce to waive any and all claims to, any compensation, benefit, or any incklent of employment by Cfi, including but not limited to eligibility to enroll in the Califumia Public Employees Retirement System (PERS) as an employee of City and entitlement to any confiibution to be paid by City for employer contributions and/or employee contibutions for PERS benefts. Consultant Not an Aqent Except as Cig may specify in writing, Consulhnt shall have no auhority, express or implied, to act on behalf of City in any capacity whahoever as an agent to bind City to any obligation whatsoever. LEGAL REQUIREMENTS, Govemino Law. The laws of the State of Califomia shall govem this Agreement. Compliance wlth Applicable Lawt, Consultant and any subcontractors shall comply with all ftderal, state and local laws and regulations applicable lo the performance of he uork hereunder. Consullant's failure h comply with such law(s) or regulation(s) shall constitute a breach of contract. 118 7.4 7.5 Sectlon 8. 8.1 Oher Govemmenhl Reoulations. To the exlent that this Agreement may be funded by fiscal assistance fiom another governmenlal entity, Consulhnt and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Llcenses and Permlts. Consultant represents and wanants to City hat Consulhnt and its employees, agents, and any subcontractors have all llcenses, permiB, qualifications, and approvals, including fiom City, of whaboever nature that are legally required to practice theh respective prohssions. Consultant rcplesenb and Mrants to City hat Consultant and its employes, agents, any subcontractors shall, at heir sole cost and expense, keep in effec't at all times during the tem of this Agreement any linnses, pormits, and approvals hat are legally mquired to practice theh respective professions. ln addition to the bregoing, Consulhnt and any subcontractors shall obtain and maintain during the term of this Agreement mlid Business Licenses from City, Nondiscrimination and Esual Onportunitv. Consultant shall not discilminate, on the basis ofa penson's race, religion, color, nationalorigin, age, physical or mental handicap or disability, medical condition, marihl slatus, sex, or serual orientalion, against any employee, applicant br employmont, subcontractor, bidder hr a subcontract, or participant in, recipient of, or applicant fur any services or programs provided by Consultant under this Agreement. Consultant shall comply wih all applicable federal, slate, and local laws, policies, rules, and requimmenb related to equal opprtunity and nondiscrimination in employmenl, contracting, and the provision of any seMces that are the subject of his Agreement, including but not limited to the satishction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subconhact appmwd by he Contrac{ Administrator or this Agreement. TERMINATION AND MODIFICATION. Terminalion. City may cancel this Agreement at any time and witrout causs upon w tten notifi cation to Consulhnt. Consultant may cancel this Agreement fur cause upon hifi (30) days' written notice to Cig and shall include in such notice lhe reasons for cancellation. ln the event of termination, Consultant shall be entitled to ompensation for servic€s perbrmed to the eftctive date of notice of termination; City, houever, may condition payrnent of such compensation upon Consultanl delivering to City all materials described in Sec'tion 9.1. Ertension. Ctty may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided fur in Subsection 1.1. Any such extension shall require Consultant to oxecuto a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City granb such an extension, City shall have 8.2 7.3 119 8.3 no obligation to provide Consultant with compensation beyond the maximum amount provided fur in tris Agreement Simihdy, unless authorized by he Conhact Administralor, City shall have no obligation to reimburse Consultant br any olhenrise mimbursable expenses incuned during he extension period. Amendmenb. The Parties may amend this Agrcement only by a writing signed by all the Parties. Asslqnment and Subcontractlnq, City and Consultant recognize and agree that this Agreement contemplabs personal performance by Consultant and is based upon a determination of Consultants unique pensonal mmpetence, expedence, and specialized personal knowledge. Moreover, a substantial inducement to City fur entering into his Agreement was and is he professional rcputation and competen@ of Consulbnt. Consultant may not assign thls Agreement or any interest herein without the pdor written approval of th6 Contract Administator. Consulhnt shall not assign or subcontract any portion of the performance cont€mplated and provided for herein, other than to tho subcontractors noted in the proposal, without prior wdtten appoval of the Contract Administrator. Surylval. All obl[ations arising prior to the termination of his Agreement and all provisions of tris Agreement allocating liability betureen City and Consultant shall suMvE the termination of thls Agreement. Ootlons uoon Breach bv Consulhnt. lf Consulhnt materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the hllowing: 8.6.1 lmmediately terminate the Agresment; 8.6.2 Retain he phns, specifications, drawings, reporls, design documenb, and any other wo* poduct prepared by Consultant pursuant to ttris Agrcement; 8.6.3 Retain a different consultanl to complete the uork descdbod in ExhiDj!_.A not fnished by Consultant; or 8.6.4 Charge Consultant the difrercnce between the cost lo complete the work descdbed in E$!!Ll\ that b unfinished at the time of breach and the amount hat City trrould have paid Consultant pursuant to Section 2 if Consultant had completed the uort. KEEPING AND STATUS OF RECORDS. Recordr Created'as Pail of Consultantt Performance. AII reporb, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant propar9s or obtains pursuant to this Agreement and that relato to $e matters covered hereunder shall be the property of the City. Consullant hereby agrees to deliver those documents to lhe City upon termination of the Agreement. lt is understood and 8.4 E.5 8.6 Sectlon 9. 9.1 120 9.2 9.3 9.4 agreed that he documenb and olhel materials, including but not limited to those described above, prepared pursuant to this Agreoment are prepared specificaily for the City and are not necessarily suitable for any futum or ofier use. City and Consultant agree hat, unlil linal approval by City, all data, plans, specificatons, rcpolb and other documenb are confidential and will not be released to third par{ies without prior wriflen consent of bott Parties eloept as equired by law. Consultant's Books and Records. Consuhant shall maintain any and all ledgers, books of account, invoices, vouchem, canceled checks, and olher records or documenb evidencing or relating to charges for seMces or expenditures and disbursements charged to the City under this Agreement for a mlnlmum of hree (3) years, or for any longer period requked by law, fom the date of final payment to the Consultant h this Agreement. lnsoecflon and Audit of Recods. Any rcmrds or documenh that Soction 9.2 of this Agreemenl requires C,onsultant to maintain shall be made available br inspection, audit and/or copying at any time during regular business houns, upn oral or written rcquest of lhe Cig. Under Califomia Govemment Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), he Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years afler final payment under the Agreement. Records Submltted ln Resoonse to an lnvltation to Bid or Requ$t for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City beome the exclusive pnoperty of tte City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each propsal hat are defined by Consultant and plainly marked as 'Confidential,' "Business Secret' or'Trade Secret.' The Cig shall not be liable or in any way rcsponsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a 'Tnade Secret' or 'Business Secret,' or if disclosure is required under he Public Records Ad. Although the California Public Records Act recognizes that certain confidential trade secret infurmation may be protected ftom disclosure, the C'rty may not be in a position to establish hat the information that a pmspective bidder submits is a trade secret. lf a request is made for inhmation marked 'Trade Seqet' or 'Business Secrel' and lhe requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, dehnd and hold harmless the City, its agenb and employees, fom any judgment, fines, penalths, and award of attorneys' fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survirres the City's award of the contract. Consultant agrees that this indemnification survives as long as tho trade secret information is in the City's possession, which includes a minimum retention period for such documents. 121 MISCELLANEOUS PROVISIONS. Attomevs' Feee. lf a Pafi to this Agreement brings any action, including arbihation or an action for declaratory relief, to enbrce or interpret he pnovision of this Agrcement, lhe prewiling Party shall be entitled to ftrasonable altomeys fees in addit'on to any other relief to which that Paily may be entitled. The courl may set such hes in the same acflon or in a separab action brought for that purpose. 102 Venue, ln the event that eiher Party brings any action against the ofier under this Agreement, the Parties agree lhat trial of such aclion shall be vested exclusively in the s'tate courts of Califomia in the Coung of San Mateo or in the Unlted Shtes Distdct Court br lhe Norhem Disbict of Califomia. 10.3 Seyerabllftv. lf a murl of competent iurisdic{ion ffnds or rules that any poMsion of trh Agreement is inwlid, roid, or unenforceable, lhe povisions of lhis Agreemenl not so adjudged shall remain in full force and eftct. The inmlidity ln whole or in part of any provision of this Agreement shall not void or aftc't the validity of any other pmvision of lh'rs Agreement. 10.4 No lmolled Walver of Brcach. The waiver of any breach of a specific provision of this Agreement does nol constitute a waiver of any olher breach of that tem or any other term of tris Agreement. {0,5 Succeesolr and Asslqns. The provisions of this Agreement shall inure to the benefit of and shallapplyto and bind the successors and assigns of the Parties. 10.6 Use of Products.Consultant shall prepare and submit all reports, written studies and oher prinM matedal on rocycled paper to the extent it is arrailable at equal or less cost than virgin paper. {0.7 Conflict of lnlereat. Consultant may serve other clients, but none whose activities wi6in fte coporate limits of Gity or whose buslness, egardless of location, rrtrould place Consullant in a 'conflicl of interest,' as that term is deflned in ho Political Reform Act, mdifed at California Govemment Code Section 81000, el seg. Consultant shall not employ any City official in the uttcrk perfomed pumuant to this Agreement. No offcer or employee of City shall have any financial interest in this Agreement thal would Molate Califomia Government Code Secliorc 1 090, el s6g. Consultant hereby wananb that it is not now, nor has it been in the previous tr,rrelve (12) months, an employee, agent, appointee, or offcial of the City. lf Consultant was an employee, agent, aprcintee, or ofiicial of the Oty in the previous t'ilelve (12) months, Consultant u/anants hat it did not participate in any manner in the forming of this Agreement. Consulhnt understands that, if this Agreement is made in violation of Government Code $1090, ef seg., fn entire Agnaement is void and Consulhnt will not be entitled to any compensation for services performed pursuant to thls Agreement, including reimbursement of expemes, and Consulbnt wlll h required to reimburse the CiU fur any Secton l0 10.1 122 sums paid b tlrs Consultan[ Consulhnt underdands hat, ln addlt'lon b [e bmgolng, lt may be aDjedb criminal pros€cutbn b a vblaton of Govemtrrnt Code S 1000 and, lf appflcabb, will be disquaffi fiom holdlng public offico ln he SEb of Cdlbmla. 103 Sollcltation. Conetltant q[Es not b soliclt hrclness at any meetng, &cus group, u hhilhw tglated b tl'rls Agrcement elther ordly or thrugh any written matefuls. l0"g Gonfiad Adminh,tnfion. Ihis Agreeraent Bhell be dministercd by Sam Baubta, P.E, OSDTOSP fConhact Addnhfrdon. fl oo'respndenoe ehall be dirstod b or firctryh tE ConM Admlnlahabr or hls or her desfnee. 10.10 Ndlcec. All notlcos and offier ommunicatom wtlch arc oqdred or may be giwr uder firb Agreement shall bo in wntirq ard shsll be deemod b harc been duly gluen (l) when reehrcd lf pemndly detnnrcd; $i) when rcoetued lf bansmltbd by blecopy, if IBodvBd durlng normd busirpss ltounE on a hdness day (or if not $e mil business dey sftor delircry) proui&rl that such facslmile ls hglble and hd at te tme eufi lbcsimlh b sent tre sendirq Paty rcoelvee wrttten cmfirmatlon of rscelpq ([l} lf snt br neil dry dellvery b a domeetb address by rcognhed orcmlght defivery servlce (e.g., Fedoxal Epress]; and (lv) upon rrelp[ tr sont by certfred or nglebred mall, lefum ]Ecolpt rcque*ed. ln oach case rctloe shall be sent b 0ts rcspoctte Pailhs as fotlows Gonilftant CSS Envlonmenbl Serylcea, lnc. l{D GallDriw, Suib 1 Novato, CA 94049 cilv NOTICES C[yGe* Cftyof Sonfr San Franclsoo 4fi) Grand Awnue Sonft San Francisco, GA 94080 ItwotcEs Etglneedng Gtyof Soutr San Franclsco 315 M4leAw $uth San Fmndsco, CA940e) l0.ll Prroforslonal Seal. WEr6 applloabb in the determinathn of the mnbad admlnlSrahr, he filst page of a bchnlcal Eport, fimt page of deslgn speclfloatom, and effih pago of consfirction drarirgs shall be stamped/sealed and s[ned by the llconsed prcftslonal rcsponsible br &e apoildeoign prcparatlon.',f[rc stamp/seal shall be ln a bhd< enfr'tled 'Seal and Sbrsture d Regbtorod Probssisrtdl wlttr tepoildesbn rcoponslblllty,' as in the bllowlng ercmple. 123 10.12 lntooration. This Agreement, including the scope of work attached hercto and incorporated herein as Exhibib A. B. llandlCl. and DII IEI{SURE THAT THE CORRECT EXHIBITS ARE USTED] represents the enlire and integrated agleement betvaen City and Consultant and supersedes all prior negotiations, representations, or agreemenb, either written or oral pertaining to the matterc herein. Efiibit A Scop of Services Efiibit B Compensation &hedule Bfiibit C Form 590 10.13 @gElCD31ts. This Agreement may be e)ccuted in countorpalb and/or by hcsimile or other electmnlc means, and when each Party has signed and deliverod at le6t one such counterpart, each counterperl shall be deemsd an odginal, and, when taken toge6er wi0r other signed counterpart, shallconstitub one Agreement wtrich shall be binding upon and effective as to all Parties. f 0.f a !@Egl!on The headings in this Agreement are fur the purpose of reference only and shall not limit or othenrise aftct any of the terms of tris Agreement. The parties ha\a had an equal opportunity to panicipate in the drafiing of tris Agrcement; therebe any construction as against the drating party shall not apply to tris Agreement. 10.15 No Third Pailv Beneficiaries. This Agreement is made solely for the benefit of he Parties hereto wih no inlent b benefit any non-signatory thid paflies. ISIGNATURES ON FOLLOWiIG PAGEI 124 Tho Pailios have execubd firis Agreernent as of he Eftcffw Date. CIIY OF SOUTH SAN FRANCISCO furcn Proeldent P.E. i Approved as to Form: 2n99&,t # 125 EXHIBIT A SCOPE OF SERVICES lask 1 - Quarlrrdy AroundirriE Monttuing Conzultant shall collcct groundwater samples and complcte laboratory analyses of the samples from lvlarch l, 2018 through Deccmber 31,2021 as outlined in the Wa&r Quality Monitoring Plan (WQMP, November 2000), prcparcd by Gabewell Inc., and PES Environmental. The WQMP was amended to include the Maximum Allowablc C.oncentacd Limits (MACL's, submitted in July 2004), prcpared by Gabewell Inc. and PES Environmental, lnc, Conzultant shall perform the requircd Quality Assurance and Quality Control (QC/QA) and analyses to support the analytical data, summarize all analytical results in tabular formal and fonrard copies of laboratory analytical data sheets, field data streets, and all related pertinent data to the City. fask 2- Groundtra@ Lawl Monltorlng end Sne Storm Water lnspecilons Consultant shall measure groundwater and lcacharc levels quarterly from March I, 2018 through Deoember 31,2021 and tabulate the data for zubmiual in the semi-annual report describcd bclow. Consultant will conduct visual and storm event inspections of the site and surface water discharges Aom thc site in compliancc with the General Permit for Storm Watcr Discharges. Consultant shall submit copies of stomr water inspections to the City and to the Harbor District for their records. Iaslr 3 - Sform Water ltlonltorlng Consultant shall monitor the weather and collect storm water sanrples from o!.e stoml cvent from March l, 2018 through December 31,2021. Sample colleotion shall be oompleted as outlined in the Stomr Water Monitoring Plan (SWMP, September 2000), prepared by Gabewell Inc,, and Harding Lawson Assooiates, and all subsequot amendments to the plan. Consultant shall perform the rcquired Quality Assurance and Quality Control (QC/QA) and analyses to support the analyical data" summarize all analytical results in trbular fornra! and forward copies of laboratory analytical data sheets, field data sheets, and all related pertinent data to the City. Task 4 - Completton of Annual and Sml-Annual Landfrll l/,o,nllorlng Raporc Consultant shall prepare the draft and final Annual and Semi-Annual Landfill Monitoring Reports pcr the Order. Work inoludes data compilation, coordination with the City and the Harbor District data evaluation and intcrpretation, report writing and monitoring plan development. The annual and semi-annual report due dates are stated in the Order. T*k 5 - Compleilon ol Annual Stlorm Water Monllorirng Reporls Consultant shall preparc the draft and final storm wat€r monitoring rcports. Work includes data compilation, coordination with the City and the Harbor Dishict data evaluation and interprctation, rcport writing and monitoring plan development. The annual report is due on July3l ofeach year. 126 Iasjr 6- Quailedy landfrll Pertneter Monltwlng Consultant shall conduct quarterly monitoring of the landfill gas perimeter monitoring wells. Monitoring work shall include conducting field measurements of methane concenkation in each well and measurement of the water level in each well from March 1,2018, throughDecember 3l,202l.If field meffilrements indicate methane Ievels greater than the regulatory limits, consultant shall collect a sanrple of the gas for laboratory analysis & Task 8 shall be performed. Results of the quarte$ moaitoring strall be submitted to the City and the Harbor Dishict. Consultant shall also prepare the quarterly reports for submittal to the San Mateo County Health Services Agency. Tasik7-ProJ*tManagment Consultant shall prcpare detailed invoices and project status reports for subminal to ttre City. Consultant shall meet with the City as often as necessary to coordinate activities associated with the landfill compliance monitoring and required reports. Consultant shall guamntee the qualrty controVquality assurance of all the required reports and the timely submittal of the required reports per the Order. Task 8 - llonthly Landlill Pwtmeter Monttoring (Only When Dlrectd by City) Consulant shall conduct monthly monitoring of the landfill gas perimeter monitoring wells. Monitoring work shall include conducting field measurements of methane concentration in each well and measurernent of the water level in each well. If field measurements indicate methane levels greater than the regulatory limits, consultant shall collect a sample of the gas for laboratory analysis. Results of the monthly monitoring shall be submittcd to the City and the Harbor Dishict. Consultant shall also prepare the rnonthly and quarterly reports (assooiated with this task) for submittal to the San Mateo County Health Services Agenoy. 127 EXHIBIT B COMPENSATION SCHEDULE m caa tlYltorrlrl^a aramcal, r.l GSS EIMIIEilTAL SERVTC€3, M toir{ott 801GDua @ FEEE FmcfunmEt{ttLSEnuoES FAfllE CITY oF sqnil aA,l FnAilCAA(r. Fm OIETIER nffi LAtmr qrretffiltGfa@'lr mad OEf ocFrylorP!.h.ll Tol{ &rdfrtt *frE iglar, rclEBscssorr{rRltfrrth qa.L nh 6.Fdn .l hcrquEtnl llo00 Rsoil lfilhnffirba&dbhr(OluE. A0 Ertr. EatntllcSg G&! saErEaS bchqglnadF! o poao.dr!.Elr d ItF olrn'adEbqturb@.ffirrdFa.llolor]EIlr 6r3rnclrrEf llif qar-tFio.p6a&'lllilB trd0e,rCdocrt?.d.ahrE (tm FtQ S.. odl nrliEder abr rdlrbedr osatoe ndct rd h ni Flc. EttUlranDfndffi!.hJ RrbfHffi nd.r, l6l!l8rt 3l/0t.m Sd&gbcrl 3ro00 1105,(b Eav&mcobt ftoMeho l rroo hvhoomrnlal To*dchn tr $aoo C,.,iDDopauomrlPtu trun t6O!0 Srf,&eb.rtr hdrd r!c0nii!8 Spoohthil 128 IRIgtEC'Lar toCId3Fl- .eooaeE#$ $It5EIEE. ts ! IgrtHX troo(FR il o lE .EI I-r-Lo(l eo) u' : ,=EolJ - oEE-xul I E d,EudaIE l I 12 9 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of June 30, 2021, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and CSS Environmental Services, Inc. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On March 14, 2018, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide environmental monitoring services. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B.City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1.All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 1: Services. The Scope of Services is hereby amended to include additional Regulatory requirements as described in the Contractor’s Proposal dated May 7, 2020, attached hereto as Exhibits A and B to this Amendment. 3.Section 1.1: Term of Service. The June 30, 2021 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with June 30, 2024. 4.Section 2: Compensation. Section 2 of the Agreement shall be amended to include the following paragraph: Payment of the Scope of Services included with this Amendment shall be based on The Amended Scope of Services and/or on time and materials per the rate schedule included with the Agreement attached hereto as Exhibits A and B. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]          EXHIBIT B 130 Dated: CITY OF SOUTH SAN FRANCISCO CSS ENVIRONMENTAL SERVICES, INC. By: By: _____________________________ Mike Futrell Aaron Stessman, P.E. City Manager President Approved as to Form: By: City Attorney          CCity Clerk Attest: August 29, 2022 | 11:42:58 AM PDT 131 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-616 Agenda Date:7/27/2022 Version:1 Item #:5. Report regarding a resolution approving an amendment to a consulting services agreement with CSS Environmental Services, Inc. of Novato, California for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $300,000, authorizing a total budget of $360,000, and authorizing the City Manager to execute the agreement.(Dave Bockhaus, Deputy Director of Public Works) RECOMMENDATION It is recommended that the City Council adopt a resolution approving an amendment to the consulting services agreement with CSS Environmental Services, Inc. of Novato, California for the Environmental Monitoring of the former Oyster Point Landfill in an amount not to exceed $300,000, authorizing a total budget of $360,000, and authorizing the City Manager to execute the agreement. BACKGROUND/DISCUSSION The Oyster Point Landfill is a City-owned, closed unlined Class III landfill located along the San Francisco Bay in the City of South San Francisco (for map, see Attachment 1). The landfill area has been developed for use as open space, biotech development, bay trail, public marina, boat launch area, and a future hotel complex. The San Mateo Harbor District operates the public marina on the landfill and is responsible for the general maintenance of the marina facilities. The landfill is regulated by the Regional Water Quality Control Board (RWQCB) under Order No. 00-046, herein referred as “Order”, issued on June 21, 2000. The Order imposes closure and post-closure requirements on the City as part of ongoing development. Technical environmental monitoring reports that are submitted to the RWQCP are a requirement of the Order. City staff relies on environmental consultants with appropriate expertise to perform the required monitoring and reporting. In 2018, the City entered into an agreement with CSS Environmental Services, Inc. for the required monitoring and reporting. The current agreement expired on June 30, 2021, but it does include provisions to extend and amend the contract if desired by the City. Based upon CSS Environmental Services’ familiarity with the site, expertise, and previous performance, staff recommends amending the agreement for a term not to exceed three years and to increase the budget authority to provide for the additional services. The contract extension will be back dated to be effective as of June 30, 2021 so that the agreement is kept continuous with additional funding. The draft amendment, and updated Scope of Services and budget documentation are included as attachments to the accompanying resolution. FUNDING City of South San Francisco Printed on 7/22/2022Page 1 of 2 powered by Legistar™132 File #:22-616 Agenda Date:7/27/2022 Version:1 Item #:5. The estimated cost for CSS monitoring and reporting is $300,000 for the term of the agreement ($100,000 annually). Staff proposes to include a ten-percent contingency of $30,000 and ten-percent administrative oversight of $30,000 for a total not to exceed amount of $360,000. Contingency funds will be used for any unforeseen conditions, or any future additional monitoring required by the Regional Water Quality Control Board. This consulting services agreement is funded through the Solid Waste Fund. There are sufficient funds to pay for these monitoring costs. CONCLUSION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a a first amendment to the consulting services agreement with CSS based on their performance, experience, and familiarity of the site and monitoring requirements. Attachments: 1. Vicinity Map 2. Original Consulting Services Agreement with CSS Environmental, Inc. 3. Amended Scope of Services 4. CSS proposal for additional services City of South San Francisco Printed on 7/22/2022Page 2 of 2 powered by Legistar™133          134          135 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 1 May 7, 2020 Mr. Maurice Kaufman City of South San Francisco Engineering Division c/o West Coast Code Consultants, Inc. 1144 65TH Street Oakland, CA 94608 SUBJECT: Proposal for Environmental Activites Related to New Former Oyster Point Landfill Water Line Monitoring Stations South San Francisco, CA CSS Proposal 050420 Dear Mr. Kaufman: Thank you for the opportunity discuss the City of South San Francisco’s (the City’s) anticipated need to monitor and maintain monitoring stations along the relocated Cal Water supply line supporting the redevelopment of the Former Oyster Point Landfill. We welcome the opportunity to provide you with this proposal to support the City in this effort. CSS Environmental Services, Inc. (CSS) is uniquely qualified to provide you with the services described herein as we have been providing the City with compliance monitoring services at the former Oyster Point Landfill since 2008. The monitoring is required by the present RWQCB Order No. 00-046 which specifies Waste Discharge Requirements (WDRs) for the City as discharger and owner of the Oyster Point Landfill property and has been in place since June of 2000. CSS completes groundwater monitoring, storm water inspections and monitoring, and landfill gas monitoring activities for the City and provides associated reporting and project management of these activities. In addition, CSS has experience performing compliance monitoring at several other closed landfills regulated by the RWQCB and local county agencies, including: x Former Smith Ranch Road disposal site. CSS performed monitoring and reporting activities at the current Captain’s Cove condominium site for the homeowner’s association. At our recommendation, the Marin County Environmental Health Department (MCEHD) and the California Integrated Waste Management Board (now Cal Recycle) closed the site after years of declining concentrations of landfill gas in 2007. x Former Horst Hanf Landfill. CSS is providing on-going environmental compliance monitoring at this closed landfill and current Bayview Business Park regulated by Cal Recycle and the MCEHD. x Former San Quentin Solid Waste Disposal Site. CSS provides environmental compliance monitoring at this closed solid waste disposal site and current Home         EXHIBIT B1 136 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 2 Depot and Target retail stores. This site is located in San Rafael and is regulated by Vic Pal of the RWQCB. Mr. Pal also regulates the Former Oyster Point Landfill for the RWQCB. PROPOSED SCOPE OF WORK In support of the City’s requirements found in their pending Utility Agreement with Cal Water, CSS sees the following scope of work tasks and estimated annual budget based on time and material charges according to our existing Oyster Point fee schedule. 1 Meetings CSS anticipates attending two meetings with the City, the Developer, Cal Water and/or the RWQCB as needed each year. $1,450 per year 2 Preparation and Submittal of Quarterly Reports The Agreement requires the City to submit quarterly reports to Cal Water including semi- annual monitoring reports (already contracted with CSS by the City), quarterly readings of groundwater elevations in existing monitoring wells (presently performed quarterly and reported semi-annually by CSS for the City), the latest ground elevation surveys and ISO settlement maps, sampling results from any water station. As semi-annual reports are currently prepared two additional quarterly reports are required per year. $4,800 per year 3 Survey of Selected Fire Hydrants The City is required to survey selected fire hydrants, capturing any settlement at 30 days, 1 year, 3 years and 5 years after water line tie-in. $1,350 per event 4 Develop ISO Settlement Map The City is required develop a ISO Settlement Map after water line tie-in and every 5 years thereafter. CSS assumes that ground elevations will be surveyed across the landfill to determine settlement and that the City can provide us with the baseline map. $4,500 per event 5 Sampling and Analysis of Water Stations/Water System Wells Under some circumstances samples from the water system monitoring stations and water system wells must be collected and analyzed . $1,600 per event Our total estimated annual budget for providing the City of South San Francisco with support water line monitoring at the Former Oyster Point Landfill, as described above, assumes one of each of Task 1 through 4, and two events of Task 5 will need to be completed each year. This brings the annual estimated cost to: $15,300          137 040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 3 If you desire, I am available to meet at your convenience to discuss the project in more detail. If you have any questions, please do not hesitate to call our office at (415) 883-6203, or contact me on my mobile at (415) 948-4385. Sincerely, CSS ENVIRONMENTAL SERVICES, INC. Aaron N. Stessman, PE C054644 President          138 Task and Basis Source Hrs/Units Rate Cost Project Mang 8 $185 $1,480 Staff Engineer I 50 $90 $4,500 CSS Equip 4 $400 $1,600 Laboratory (Annual) 5 $138 $690 Laboratory (Semi) 18 $138 $2,484 SUBTOTAL $10,754 Staff Engineer I 24 $90 $2,160 SUBTOTAL $4,380 Project Mang 15 $185 $2,775 Staff Engineer I 36 $90 $3,240 Equip 4 $400 $1,600 Laboratory 36 $747 $26,892 SUBTOTAL $34,507 Project Mang 32 $185 $5,920 Staff Engineer II 60 $105 $6,300 CADD 16 $70 $1,120 SUBTOTAL $13,340 Staff Engineer II 20 $105 $2,100 SUBTOTAL $2,840 Project Mang 8 $185 $1,480 Staff Engineer II 4 $105 $420 CADD 4 $70 $280 Env Tech II 36 $82 $2,952 Gem2000 Gas Meter 4 $250 $1,000 SUBTOTAL $6,132 Project Mang 100 $185 $18,500 Staff Engineer II 100 $105 $10,500 Misc. Outside Costs 1 $642 $642 SUBTOTAL $29,642 SUBTOTAL $2,220 Project Mang 16 $185 $2,960 Staff Engineer II 30 $105 $3,150 CADD 8 $70 $560 SUBTOTAL $6,670 SUBTOTAL $2,700 SUBTOTAL $9,000 SUBTOTAL $3,200 Total Annual Cost TOTAL $125,385 Project Mang 12 $185 $2,220 $4,500 $9,000 Sampling/Analysis 2 $1,600 $3,200 Task 9 - Cal Water Quarterly Reports . Submit quarterly reports to al Water including semi-annual monitoring reports (already contracted with CSS by the City (Task 4), quarterly reading of groundwater elevations in existing monitoring wells (presently perfromed quarterly and reported semi-annualy (Task 1). As semi-annual reports are currently prepared two additional quarterly reports are required per year. Annual cost is presented. Task 10 - Survey of Fire Hydrants . The City is requred to survey selected fire hydrants, capturing any settlememt at 30 days, 1 year, 3 years and 5 years or as directed after water line tie-in Annual cost is presented. Task 11 - Develope ISO Settlement Map. The City is required to develop a ISO settlement Map after water line tie-in and every 5 years thereafter or as directed. CSS assumes that ground elevations will be surveyed across the landfill to determine settlement and that the City can provide a baseline map. Annual cost is presented. Project Mang 12 $185 Survey 2 $1,350 Survey/ISO Map Project Mang 4 $185 $740 Task 7 - Project Management and extra work. Prepare detailed invoices and project status reports, meet with City as necessary. Review work of others during redevelopment. Misc tasks such as structure monitorings and future regulatory compliance/meetings. Annual cost is presented. Task 8 - Meetings. Attend meetings with the City, the Developer, Cal Water and/or RWQCB as needed each year. Annual cost is presented. $2,220 CSS Environmental Services, Inc. - Breakdown of Cost Proposal for Environmental Compliance Monitoring Required by the Regional Water Quality Control Board (RWQCB) Order No. 00-046 for the Former Oyster Point Landfill Task 5 - Completion of Annual Storm Water Monitoring Reports. Work includes data compilation, data evaluation and reporting to the State's SMART system. Annual cost is presented. Task 6 - Quarterly Landfill Perimeter Monitoring . Perform landfill gas and water level monitoring for perimeter gas wells. Prepare semi-annual report for submittal to City, Harbor District and San Mateo County Health Services Agency. Two quarters are reported with Annual/Semi-Annual landfill monitoring reports. Annual cost is presented. Task 12 - Sampling and Analysis of Water Stations/Water System Wells. As directed samples will be collected and analyzed from the water system monitoring stations and water system wells. Annual cost is presented. Task 1 - Annual Cost of Quarterly Groundwater Monitoring . Cost presented here includes collection of levels quarterly, collection of groundwater compliance samples semi-annually, and collection of leachate samples annually. Task 2 - Storm Water Inspection. Conduct visual and storm event inspecitons of site and surface water discharges in compliance with General Permit and submit copies to City and Harbor District. Annual cost for 1 storm and 3 non-storm events. Task 3 - Storm Water Monitoring . Monitor weather and collect samples at 6 locations from FOUR storm events as per monitoring plans and ammendments annually. Prepare summary table of results and forward with records to City. Annual Cost is presented. Task 4 - Completion of Annual and Semi Annual Landfill Monitoring Reports . Prepare reports for submittal by email and to GeoTracker. Discuss recent activities, results of water quality monitoring programs and landfill gas monitoring programs. Prepare summary tables and illustrative figures. Annual cost is presented. $2,700 2 EXHIBIT B2 139 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-886 Agenda Date:9/11/2024 Version:1 Item #:11. Report regarding a resolution authorizing the City Manager to enter into a services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378 for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program (ELOP)for the 2024-2025 school year.(Angela Duldulao,Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to enter into a services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378 for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program (ELOP)for the 2024-2025 school year. BACKGROUND/DISCUSSION The Expanded Learning Opportunities Program (ELOP)administered by the California Department of Education provides funding for after school and summer school learning and enrichment programs for students in transitional kindergarten through sixth grade.The focus is on local educational agencies (LEAs)with the highest concentration of targeted disadvantaged students (i.e.English learners and students categorically eligible for free or reduced-price meals). Local educational agencies must operate the Expanded Learning Opportunities Program pursuant to the requirements in California Education Code Section 46120. “Expanded learning”under the code is defined as before school,after school,summer,or intersession learning programs that focus on developing the academic,social,emotional,and physical needs and interests of pupils through hands-on, engaging learning experiences.It is the intent of the legislation that expanded learning programs are pupil-centered, results driven,include community partners,and complement,but do not replicate,learning activities in the regular school day and school year.In order to qualify,students/families must either be on free or reduced lunch program,homeless,or foster youth.ELOP must operate a minimum of nine hours per day.During the 180 days of instructional learning during the school year,nine hours are a combination of instructional school day hours and in-person before and/or after school program hours.The program must also operate a minimum of 9 hours per day for an additional 30 non-school days (i.e. breaks and school holidays). The City has a long history of partnering with the South San Francisco Unified School District (District)to offer extended day programs for its STEAM and BLISS Summer School Programs,as well as expanding its after school programs. District staff requested that the City’s Parks and Recreation Department partner with the District to continue ELOP for the 2024-2025 school year on the six campuses where the City currently operates programs.These campuses include Buri Buri Elementary School,Los Cerritos Elementary School,Martin Elementary School,Monte Verde Elementary School, Ponderosa Elementary School, and Spruce Elementary School. The program would be offered at no cost to families who meet the criteria mentioned above.If spaces are available after all eligible families have been served,other families can join ELOP on a sliding scale rate.Other than the in-kind cost of administration services provided by Parks and Recreation Department staff,the City would be reimbursed by the District for direct costs via ELOP funding. In addition to the City’s services,the District will also be continuing services through its own District Extended Day Activities Program (DEDAP),and other existing partners,including the Boys and Girls Club,CAM EDU,and Right at City of South San Francisco Printed on 9/6/2024Page 1 of 2 powered by Legistar™140 File #:24-886 Agenda Date:9/11/2024 Version:1 Item #:11. Activities Program (DEDAP),and other existing partners,including the Boys and Girls Club,CAM EDU,and Right at School. During the school year,the afternoon extended day program managed and staffed by the Parks and Recreation Department operates from bell time until 6:00 p.m.During non-school days,the Department operates from 7:30 a.m.to 6:00 p.m.For classroom space,the District has made changes to rooms currently occupied for the Department’s existing before and after school programs on three of the campuses.Staff has worked with the District to find classroom space at these sites. FISCAL IMPACT The District will reimburse the City,using State grant monies,for direct expenses so this program can be offered at no cost to families.In-kind services,including administration and overhead will be provided by the City.Given that this is the second year of the ELOP partnership between the City and District,the staffing and supplies budget for this program has already been factored into the City’s Fiscal Year 2024-25 Operating Budget.No budget amendment is needed.The cost of services are estimated not to exceed $635,378. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping build active recreation, learning, and childcare programs. CONCLUSION As the provider of preschools,before and after school programs,and seasonal camp programs,the Parks and Recreation Department fully appreciates,supports,and advocates for affordable,high-quality programs for children in South San Francisco.City staff will continue to work with District personnel and other partners to continue ELOP as the District moves through the program’s second year of implementation. City of South San Francisco Printed on 9/6/2024Page 2 of 2 powered by Legistar™141 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-887 Agenda Date:9/11/2024 Version:1 Item #:11a. Resolution authorizing the City Manager to enter into a services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378 for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program for the 2024-2025 school year. WHEREAS,the City of South San Francisco (City)has a long history of partnering with the South San Francisco Unified School District (District); and WHEREAS,the City’s Parks and Recreation Department received a request from District staff to partner with the District to continue an extended day program through the Expanded Learning Opportunities Program (ELOP)for the 2024-2025 school year, and the City is one of several providers who have been engaged to support the District’s ELOP; and WHEREAS,ELOP is a state-mandated program from the California Department of Education that provides funding for after school and summer school enrichment programs for transitional kindergarten through sixth grade,with a focus on local educational agencies (LEAs)with the highest concentration of targeted disadvantaged students (English learners and students categorically eligible for free or reduced-price meals); and WHEREAS,LEAs must operate the ELOP pursuant to the requirements in California Education Code Section 46120, including the development of a program plan; and WHEREAS,the Parks and Recreation Department continues to operate an ELOP on the six campuses where the City currently operates programs:Buri Buri Elementary School,Los Cerritos Elementary School,Martin Elementary School, Monte Verde Elementary School, Ponderosa Elementary School, and Spruce Elementary School; and WHEREAS,the City’s ELOP would serve up to 20 children per school site in grades transitional kindergarten to fifth grade. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the services agreement with the South San Francisco Unified School District in an amount not to exceed $635,378,attached hereto as Exhibit A and incorporated herein,for the Parks and Recreation Department to operate an extended learning program for students enrolled in the South San Francisco Unified School District’s Expanded Learning Opportunities Program (ELOP) for the 2024-2025 school year. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City Manager to execute the documents City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™142 File #:24-887 Agenda Date:9/11/2024 Version:1 Item #:11a. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City Manager to execute the documents necessary to partner with the District for services in substantially the same form as in Exhibit A,and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™143 Exhibit A 14 4 Exhibit A 14 5 Exhibit A 14 6 Exhibit A 14 7 Exhibit A 14 8 Exhibit A 14 9 Exhibit A 15 0 Exhibit A 15 1 Exhibit A 15 2 Exhibit A 15 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-893 Agenda Date:9/11/2024 Version:1 Item #:12. Report regarding an ordinance adding Chapter 8.78 (“Mooring Regulations”)to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways.(Rich Lee,Assistant City Manager; Kimia Mahallati, Assistant City Attorney) RECOMMENDATION Staff recommends that the City Council adopt an Ordinance adding Chapter 8.78 (“Mooring Regulations”)to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways, and waive further reading. BACKGROUND/DISCUSSION On August 28,2024,the City Council introduced and conducted a first reading of South San Francisco Municipal Code (SSFMC)Chapter 8.78 (“Mooring Regulations”)to provide regulations for mooring in the City’s navigable waterways. (Introduced on 8/28/24, Vote 5-0) As of July 9,2024,there were six vessels in the Oyster Point Cove area that were not connected to a slip at a dock and occupying public property,otherwise known as “anchor-outs.”The presence of anchor-out vessels in the Oyster Point area has been an ongoing issue for the City of South San Francisco.In addition to being a blight on the City’s navigable waterways,anchor-out vessels are a health and safety risk to water quality.The purpose of this addition to the South San Francisco Municipal Code (SSFMC)is to provide the City with the authority to more effectively manage these vessels and ensure that the navigable waterways are used for recreational purposes and not for habitation,as well as to prevent the degradation in water quality and loss of aquatic habitat that may occur from unregulated anchor-outs. The City of Oakland,City of Sausalito,the Richardson Bay Regional Agency and the Counties of Contra Costa, Sacramento,and Solano have all adopted local ordinances in coordination with the Bay Conservation and Development Commission (BCDC)to supplement those in the State Boating and Waterway codes to establish rules around how long and where mariners can anchor,and to enable enforcement if the anchoring rules are not followed.The proposed SSFMC Chapter 8.78 largely follows the model of the City of Sausalito’s ordinance. The collaborative efforts in the North Bay and Delta regions provide for better enforcement and compliance than a singular agency adopting and enforcing a mooring ordinance,as non-compliant vessels would likely shift to agencies that do not have a mooring ordinance in place.Staff has apprised other agencies in San Mateo County of the City’s ordinance to encourage a regional approach in San Mateo County. Notable Ordinance Provisions Other than authorized vessels,SSFMC 8.78.070 states that vessels must have authorization from the Chief of Police to be in the harbor or marina areas for longer than 10 hours. Pursuant to SSFMC 8.78.110 (B),vessels left in City waters or beached for 72 or more consecutive hours may be moved or caused to be removed by the South San Francisco Police Department.The registered and legalCity of South San Francisco Printed on 9/6/2024Page 1 of 2 powered by Legistar™154 File #:24-893 Agenda Date:9/11/2024 Version:1 Item #:12. be moved or caused to be removed by the South San Francisco Police Department.The registered and legal owner of the vessel can secure the release of the vessel by providing proof of ownership and payment of the costs and expense of removal, impoundment, and/or storage of the vessel. Violation of SSFMC Chapter 8.78 is a misdemeanor and may be subject to a fine not to exceed $500 and/or imprisonment for up to 30 days. FISCAL IMPACT The City was able to partner with the San Mateo County Harbor District (Harbor District)to remove three vessels that burned in November 2023.The Harbor District was able to utilize its funding through the California State Parks Division of Boating and Waterways (DBW)Surrendered and Abandoned Vessel Exchange (SAVE) grant. While adoption of this ordinance does not have a fiscal impact,the City will likely need to augment its operating budget in the future and enter into on-call agreements to remove and store vessels that are in violation of SSFMC Chapter 8.78 due to the limited amount of SAVE grant funds that the Harbor District is able to utilize in partnership with the City in the future. RELATIONSHIP TO STRATEGIC PLAN SSFMC Chapter 8.78 promotes the Quality of Life element from the City’s Strategic Plan.Namely,to Build and Maintain a Sustainable City with high quality and accessible services,amenities and facilities for all residents. CONCLUSION It is recommended that the City Council adopt an Ordinance adding Chapter 8.78 to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways.The Ordinance will be effective immediately upon adoption. City of South San Francisco Printed on 9/6/2024Page 2 of 2 powered by Legistar™155 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-894 Agenda Date:9/11/2024 Version:1 Item #:12a. Ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. WHEREAS, the Oyster Point Cove area is a unique and valuable scenic and natural resource that provides an environment for a wide range of aquatic and wildlife species; and WHEREAS, protecting the City’s water and waterfront through the removal of marine debris, elimination of refuse and toxic materials and abating public nuisances is essential to the health and well being of the public; and WHEREAS, its navigable waterways, including the Oyster Point area, have been subject to vessels that have been abandoned, beached, and anchored; and WHEREAS, these vessels are a blight to the City’s recreational area as well as detrimental to water quality health and safety; and WHEREAS, the City of South San Francisco desires to more effectively manage and control its navigable waterways; and WHEREAS, the City Council introduced and conducted a first reading of the Ordinance at its meeting on August 28, 2024; and WHEREAS, the City Council finds that adoption of this ordinance is necessary for the public health, safety, and welfare; and WHEREAS, based on all of the information at the August 28, 2024 and September 11, 2024 City Council meetings, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials (hereafter the “Record”), the City Council finds that under CEQA Guidelines Section 15061, addition of this Ordinance does not constitute a project under CEQA as it will not result in any direct or indirect physical change to the environment and therefore review under CEQA is not required pursuant to CEQA Guidelines Section 15060. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Findings The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2.Addition of Title 8, Chapter 78 City of South San Francisco Printed on 9/12/2024Page 1 of 5 powered by Legistar™156 File #:24-894 Agenda Date:9/11/2024 Version:1 Item #:12a. The City Council hereby adds Title 8, Chapter 78 (“Mooring Regulations”) to the South San Francisco Municipal Code to read as follows: CHAPTER 8.78 MOORING REGULATIONS 8.78.010 Purpose These regulations are enacted to ensure that mooring installation, use and maintenance does not impair the public’s health, safety and welfare; or does not result in degraded water quality, loss of aquatic habitat, or interference with navigation. 8.78.020 Definitions. For purposes of this chapter: (a) Beached. A vessel shall be deemed “beached” when such craft rests on the mud or other bottom or does not float freely at ordinary low tide. (b) “City waters” means any and all navigable waterways of South San Francisco, including but not limited to, all of the property owned and/or held in trust by the City covered by the waters of Oyster Point. (c) “Oyster Point” means the land abutting the waters of Oyster Point generally located in the area East of Oyster Point Boulevard, East of Gull Drive, Northeast of Forbes Boulevard, and North, South and East of Marina Boulevard. (d) “Marine debris” shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(b) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, “marine debris” means “a Vessel or part of a Vessel, including a derelict, wreck, hulk, or part of any ship or other watercraft or dilapidated Vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water.” (e) “Moor” means the fixing of a vessel in one location temporarily or permanently by mooring, anchoring, grounding, or any other means. (f) “Marina facilities” means the Oyster Point Marina and the Oyster Cove Marina and any successor facilities, in the event of a name change of the current Marina facilities. (g) “Person” shall be understood to include natural persons, firms, partnerships, associations, companies or corporations, singular and plural. (h) “Personal watercraft” shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(s) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, “personal watercraft” means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. Such vessels are commonly referred to as “jet skis.” City of South San Francisco Printed on 9/12/2024Page 2 of 5 powered by Legistar™157 File #:24-894 Agenda Date:9/11/2024 Version:1 Item #:12a. (i) “Recreational vessel” shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(t) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter “recreational vessel” means a “Vessel used primarily for pleasure.” (j) “Vessel” shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(a) or successor statute as it currently exists or may hereinafter be amended. As of the date of the adoption of this chapter, “vessel” includes “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water.” (k) “Water structure” includes structures of every kind and nature, not included in the definitions of vessel, which exist on, over or above the water, including, but not limited to, piers, wharves and docks. 8.78.030 Marine debris. Marine debris may be removed, destroyed and disposed of in accordance with California Harbors and Navigation Code Sections 550 through 552, or successor statutes. 8.78.040 Discharge of refuse. If moored for longer than 72 hours, a person must be required to provide receipt, proof of proper sewage disposal, or be subject to an inspection to confirm a holding tank is operable on the vessel. Absent the above, no person may discharge or permit to be discharged into City waters any refuse, treated or untreated sewage, petroleum or petroleum matter, paint, varnish, or any other noxious chemical or foreign matter of any kind. 8.78.050 Public nuisance. (a) Nuisance Defined. It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in City waters to maintain the same in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist: 1.The keeping, storage, depositing, or accumulation on, or attachment to, a vessel, barge, or object for an unreasonable period of any personal property, including but not limited to abandoned, wrecked, dismantled, or inoperative vessel(s) or equipment for a vessel, engine parts and/or equipment, appliances, furniture, containers, scrap metal, wood, building materials, junk, rubbish, or debris which constitutes a serious threat to public health, and/or safety. 2.Any dangerous condition that is detrimental to the public health, safety, or welfare. 3.Any condition in violation of the City’s building code that would constitute substandard housing as defined therein. 4.Discharge of refuse and/or other substances in violation of City Municipal Code § 14.08.210 “General discharge regulations.” 5.Any condition which violates the City’s fire code. (b) Nuisance Abatement. The nuisance shall be abated in accordance with the provisions set forth in Chapter 8.54 of the Municipal Code. City of South San Francisco Printed on 9/12/2024Page 3 of 5 powered by Legistar™158 File #:24-894 Agenda Date:9/11/2024 Version:1 Item #:12a. 8.78.060 Waters of Oyster Point declared open water area. (a) The City Council declares that the waters of Oyster Point are and shall be an open water area acquired, owned and maintained by the City for the purpose of providing active recreational boating and an unobstructed water vista for those using and enjoying the area of Oyster Point. The City Council finds that the use of the waters of Oyster Point for the purpose of mooring vessels and for the purpose of building, constructing, and/or maintaining other water structures without the consent of the City is inconsistent with the use of the area for active recreational boating, and for the purpose of providing an unobstructed water vista. (b) It is unlawful for any person to moor any vessel, or to place, build, construct or maintain any water structure, in the waters of Oyster Point. (c) It is unlawful for any person to go upon, board, occupy, reside, or dwell upon, or be present upon any vessel moored in the waters of Oyster Point, or any water structure placed, built or constructed in the waters of Oyster Point. 8.78.070 Ten-hour limitation. Other than those vessels lawfully permitted to be within the harbor and marina facilities, it is unlawful for any person to moor or beach any vessel in City waters in excess of 10 hours without first obtaining the written permission of the Chief of Police. 8.78.080 Beached vessels. Except in an emergency and except for those vessels lawfully docked in harbor and marina facilities, it shall be unlawful for the owner or person in control or custody of any vessel to beach in City waters. 8.78.090 Speed and safety. (a) Within City waters, due caution must be observed at all times. No person shall operate a vessel within City waters in a reckless or negligent manner, nor shall any person operate a vessel at a speed that will endanger life, limb, property, or wildlife. (b) No person shall use, operate or navigate any recreational vessel or any personal watercraft at a speed in excess of five miles per hour in any portion of the City waters within 500 feet of any shoreline. 8.78.100 Personal watercraft. No person shall permit or allow any personal watercraft to land at or depart from any shoreline in any portion of the City. 8.78.110 Penalty for violation. (a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine not exceeding $500.00, or by imprisonment in the County Jail for a period not exceeding 30 days, or by both such fine and imprisonment. (b) In addition to the penalties imposed pursuant to subsection (a) of this section for violations of Municipal Code sections 8.78.060 and/or 8.78.070, the South San Francisco Police Department may remove or cause to be removed any vessel which has been left in City waters or beached for 72 or more consecutive hours. The City of South San Francisco Printed on 9/12/2024Page 4 of 5 powered by Legistar™159 File #:24-894 Agenda Date:9/11/2024 Version:1 Item #:12a. registered and legal owner of the vessel so removed and impounded shall have the right to secure the release of such vessel upon furnishing proof of ownership and payment of the costs and expense of removal, impoundment and/or storage of the vessel. In addition, the provisions of the Boater’s Lien Law, currently set forth in California Harbors and Navigation Code Section 500 et seq., shall apply. SECTION 3.Severability If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance. ***** City of South San Francisco Printed on 9/12/2024Page 5 of 5 powered by Legistar™160 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-908 Agenda Date:9/11/2024 Version:1 Item #:13. Report regarding a second reading and adoption of an ordinance amending Chapter 8.72 of the Disposable Foodservice Ware Ordinance to prohibit the sale of polystyrene foam products.(Christina Fernandez,Deputy City Manager) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance amending Chapter 8.72 of the South San Francisco Municipal Code regulating the retail sale of polystyrene foam products. BACKGROUND/DISCUSSION The City Council previously waived reading and amended the following ordinance: Ordinance amending Chapters 8.72 of the South San Francisco Municipal Code to prohibit the retail sale of polystyrene. (Introduced on August 28, 2024; Vote 5-0) This ordinance is now ready for adoption. City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™161 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-909 Agenda Date:9/11/2024 Version:1 Item #:13a. Ordinance amending Chapters 8.72 of the South San Francisco Municipal Code to prohibit the retail sale of polystyrene. WHEREAS, on March 11, 2020, the City Council approved an ordinance adding Chapter 8.72 to the South San Francisco Municipal Code Title 8 regulating the use of disposable food service ware by food facilities; and WHEREAS, Chapter 8.60 of the South San Francisco Municipal Code prohibits the use of certain disposable food service ware, including the prohibition of food vendors from dispensing prepared food to customers in disposable food service ware made from polystyrene; and WHEREAS, all city facilities, city sponsored events, and city permitted events are also prohibited from using disposable foodservice ware made from polystyrene. City franchises, contractors, and vendors doing business with the city are prohibited from using polystyrene in city facilities or on city projects within the city; and WHEREAS, while city facilities and food vendors, including restaurants, are prohibited from using polystyrene, the retail sale of polystyrene is allowed; and WHEREAS, businesses within the City were notified of this upcoming ban on July 12, 2024 via letter; and WHEREAS, introduction and adoption of this ordinance is not subject to review under CEQA, pursuant to the general exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines, § 15061(b)(3)). A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. (CEQA Guidelines, § 15382). NOW, THEREFORE, THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO DO HEREBY ORDAIN AS FOLLOWS. SECTION 1.Findings The People of South San Francisco find that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment of Chapter 8.72 of the South San Francisco Municipal Code City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™162 File #:24-909 Agenda Date:9/11/2024 Version:1 Item #:13a. Section 8.72.020 of the South San Francisco Municipal Code is hereby amended to add subsection (j), to read as follows (additions shown in underline text): (j) The retail sale of Polystyrene based products is prohibited by all vendors, including but not limited to cafeterias, caterers and fraternal clubs, convenience, liquor, and grocery stores, mobile food vendors, carts, food kiosks and stands, restaurants, coffee shops, bars, and pubs, retail stores, restaurant supply stores, party supply stores, drug stores, hardware stores, supermarket take out. SECTION 3.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4.Publication and Effective Date.This ordinance shall be effective on January 1, 2025. Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™163 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-829 Agenda Date:9/11/2024 Version:1 Item #:14. Report regarding a resolution approving and authorizing the City Manager to execute a fifteen-year lease agreement with New Cingular Wireless PCS,LLC for the construction of a wireless communication facility at 323 Miller Avenue and authorizing the City Manager to approve the agreement. (Tony Barrera, Director of Information Technology) RECOMMENDATION Staff recommend approving a fifteen-year lease agreement with New Cingular Wireless PCS,LLC for the construction of a wireless communication facility to improve cellular coverage in the downtown area and provide a new revenue stream for the City. BACKGROUND/DISCUSSION The City’s downtown area has experienced substantial growth over the years,including development of numerous large apartment complexes.As the population continues to expand,there will be an increased demand for improved cellular coverage and data services in the area.Additionally,the construction of new buildings often disrupts existing antenna signals, requiring the installation of new antennas to enhance signal strength. In 2023,New Cingular Wireless PCS approached the City with a proposal to use the downtown parking structure located at 323 Miller Avenue for their cellular network infrastructure.The City was receptive to this proposal,and New Cingular Wireless PCS,submitted plans to the Planning Division for review and approval.The proposed plans were presented to the Design Review Board on June 20, 2023, then approved by the Chief Planner. The proposed wireless facility was approved by the Chief Planner in accordance with South San Francisco Municipal Code (SSFMC)Chapter 20.370 (“Antennas and Wireless Communications Facilities”)and Chapter 20.510 (“Waivers and Modifications”).All proposed wireless facilities located on property owned or leased by the City and that comply with the required location,design,and operation requirements found in SSFMC Section 20.370.005 are permitted by right and require a Building Permit only.However,the project included a request for a modification to height requirements under SSFMC Section 20.510.002 to allow an increased height so that the new facility would not exceed the radio frequency (RF)exposure limits on neighboring properties mandated by the Federal Communications Commission (FCC).The Waivers and Modification request was approved by the Chief Planner on August 14,2023,permitting a maximum 10% increase to the maximum height allowed on the project site in order to allow the new facility to operate in compliance with FCC regulations. The key aspects of the plans include: ·20 panel antennas (five per sector) and 16 remote radio heads (RRUs) (four per sector) ·Installing a facade around the rooftop to match the building's colors ·Running fiber optic cabling to AT&T equipment ·Use of 3 parking spaces on the 3rd floor In addition,the IT Department and the City Attorney’s office reviewed and finalized the lease terms.The key terms of the lease agreement include: ·Lease 294 square feet on the 3rd floor ·Rooftop space measuring 23 contiguous linear feet in width and 25 contiguous linear feet in depth ·Fifteen-year lease term, with option to renew terms after fifteen years. ·Monthly rent of $6,700 with a 3%annual increase.Rent begins to become due upon commencement of construction. City of South San Francisco Printed on 9/6/2024Page 1 of 2 powered by Legistar™164 File #:24-829 Agenda Date:9/11/2024 Version:1 Item #:14. Below is a rendering of how it will intend to look: FISCAL IMPACT The lease agreement is expected to generate over $80,000 in new general fund revenue annually. RELATIONSHIP TO STRATEGIC PLAN Improving cellular service in South San Franciso will contribute to the City’s Strategic Plan under Priority #2 Quality of Life. CONCLUSION The City downtown area has experienced growth over the years and will demand improved connectivity.By installing new antennas in the downtown area,residents of the City would benefit from enhanced network capacity,better signal coverage,and faster,higher-quality data speeds.Additionally,the City will gain a new revenue stream over the next fifteen years or more. City of South San Francisco Printed on 9/6/2024Page 2 of 2 powered by Legistar™165 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-830 Agenda Date:9/11/2024 Version:1 Item #:14a. Resolution approving a fifteen-year lease agreement with New Cingular Wireless PCS,LLC.,for the construction of a wireless communication facility at 323 Miller Avenue and authorizing the City Manager to execute the lease agreement. WHEREAS,the City’s downtown area has experienced substantial growth,and construction of new buildings often disrupts existing antenna signals; and WHEREAS, the installation of cellular antennas enhances signal strength; and WHEREAS,in 2023,New Cingular Wireless (commonly known as AT&T)submitted proposed plans to the City’s Planning Division for installation of cellular antennas at 323 Miller Avenue,Third floor of the City’s Miller Parking Garage; and WHEREAS,proposed were the installation of 20 panel antennas,16 Remote Radio Heads,a color matching façade,fiber optic cabling and use of three parking spaces; and WHEREAS, in June 2023, the Design Review Board and the City’s Chief Planner approved the submitted plans; and WHEREAS,the City Attorney’s office worked with the IT Director to negotiate and finalize the lease terms with New Cingular Wireless; and WHEREAS,as set forth in further detail in Exhibit A to this resolution,the lease terms include the use of 294 sf on the Third Floor of the City’s Miller Garage,some rooftop space,15-year lease term and monthly rent of $6,700 with a 3% annual increase; and WHEREAS,the installation of new antennas in the downtown area would benefit residents and provide a new revenue stream for the City for the next fifteen, or more, years. NOW,THERFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby take the following actions: 1.Approves a fifteen-year lease agreement with New Cingular Wireless PCS,LLC,as attached in Exhibit A and incorporated herein,for the terms and conditions contained in said lease agreement,including the payment by New Cingular Wireless to the City of $6,700 per month rent for the first 12-months,with a 3%increase in rent every year thereafter. 2.Authorizes the City Manager to execute the lease agreement with New Cingular Wireless PCS,LLC.,in substantially the same form as Exhibit A,subject to approval as to form by City Attorney,and to execute any documents and take any other action for the purpose of carrying out the intent of this resolution that do not materially increase the City’s obligations or alter the terms of the lease in substantially the same form as Exhibit A,all subject to approve as to form by the City Attorney. City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™166 File #:24-830 Agenda Date:9/11/2024 Version:1 Item #:14a. City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™167 Exhibit A Market: South San Francisco Cell Site Number: CCL06302 Cell Site Name: 323 Miller Garage Search Ring Name: Miller Avenue Fixed Asset Number: 15530344 STRUCTURE LEASE AGREEMENT THIS STRUCTURE LEASE AGREEMENT (“Agreement” or “Lease”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of South San Francisco, a municipal corporation, having a mailing address of 400 Grand Avenue, South San Francisco, CA, 94080 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “party” and collectively as “parties”. RECITALS WHEREAS, Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, improved with a commercial building, and public parking structure with existing telecommunications and related equipment (collectively the “Structure”), together with all rights and privileges arising in connection therewith, located at 323 Miller Avenue, APN 117-790-020, in the County of San Mateo, State of California (collectively, the “Property”). WHEREAS, Tenant desires to lease portions of the Property for the purpose of installing and operating a telecommunications services facility; WHEREAS, the parties desire to enter into this Agreement upon the terms and conditions set forth herein. The parties agree as follows: 1.LEASE. Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of the Property consisting of: (a)approximately 294 square feet of equipment space, which includes three parking spaces (stall numbers 139,140 and 142), as described on attached Exhibit 1, for the placement of Tenant’s Communication Facility (defined below); (b)space for any structural steel or other improvements to support Tenant’s equipment (collectively, the space referenced in (a) and (b) is the “Equipment Space”); (c)that certain rooftop space on the Structure, as generally depicted on Exhibit 1, consisting of two separate areas that each measure twenty-three (23) contiguous linear feet wide and twenty-five (25) contiguous linear feet deep, including the air space above same, where Tenant shall have the right to install its antennas and other equipment (collectively, the “Antenna Space”); and (d)those certain areas where Tenant’s conduits, wires, cables, cable trays and other necessary connections are located between the Equipment Space and the Antenna Space, and between the Equipment Space and the electric power, telephone, and fuel sources for the Property (hereinafter collectively referred to as the “Connection Space”). Landlord agrees that Tenant shall have the right to install connections between Tenant’s equipment in the Equipment Space and Antenna Space; and between Tenant’s equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Subject to an encroachment permit issued by the City of South San Francisco, Tenant may install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right -of-way DRAFT 168 2 extending from the aforementioned public right-of-way to the Premises. The Equipment Space, Antenna Space, and Connection Space, are hereinafter collectively referred to as the “Premises.” 2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include suitable support structures, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises, as depicted in the drawings included in Exhibit 1 attached hereto and incorporated herein (the “Communication Facility”), as well as the right to test, survey and review title on the Property. Tenant further has the right to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, subject to obtaining all required City and of South San Francisco and other governmental approvals and permits, including, but not limited to, emergency 911 communication services (collectively, the “Permitted Use”). Landlord and Tenant agree that any portion of the Communication Facility described/depicted on Exhibit 1 would constitute a part of Tenant’s Permitted Use. (b) For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of the Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”) as may reasonably be required during construction and installation of the Communication Facility. (c) For the purposes of facilitating the Permitted Use only, Tenant has the right to, at its sole cost and expense, install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Structure’s main entry point to the equipment shelter or cabinet, install a generator; and to install warning signs, protective barriers, and any other control measures required by Tenant safety procedures or applicable law, to make individuals aware of risks and to secure the Premises. Tenant also has the right to install, modify, supplement, replace, upgrade, and expand the Communication Facility (including, for example increasing the number of antennas or adding microwave dishes) or relocating the Communication Facility within the Premises at any time during the Term (as defined below) without Landlord’s prior written consent (“Modifications”); however, Tenant agrees to provide Landlord notice per Section 12, except that non-emergency notice shall be given at least ten (10) days, prior to performing such Modifications. Notwithstanding the foregoing, for all Modifications that do not consist solely of replacing like -for-like equipment (e.g., same or less weight and size as existing equipment), prior to commencement of work, Tenant must perform, at its sole expense, any government required engineering and emissions reports (including but not limited to Electromagnetic Field (EMF) emission reports) to confirm that the proposed Modifications comply with all applicable Government Approvals (defined in Section 5(a)), if any, in order to ensure that the Communication Facility complies with all Government Approvals, and shall provide Landlord with a copy of said reports and proposed drawings prior to commencement of work. Landlord shall have fifteen (15) business days (the “Review Period”) from receipt to review the reports and drawings to confirm that the proposed Modification conforms with the Permitted Uses under the terms of this Agreement and with other required Government Approvals. If Landlord determines that the proposed Modification does not conform with the Permitted Use or Government Approvals, Landlord shall provide Tenant with notice within the Review Period regarding Landlord’s determination. In that event, Tenant shall not commence work on such Modification , but the parties shall engage in good faith discussion regarding how such Modification may be revised to conform with this Agreement or the leasing of Additional Premises may be required. If Landlord fails to provide to Tenant notice of its determination within the Review Period, then the proposed Modification shall be deemed to conform with the Permitted Uses under the terms of this Agreement and with the other required Government Approval s and Tenant may proceed with the Modifications. 169 3 (d) In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property or beyond the Permitted Uses set forth herein (the “Additional Premises”) for such modification or upgrade, Tenant shall present such request to the Landlord for Landlord’s written consent to negotiate a new agreement or an amendment to this Agreement to effectuate leasing of the Additional Premises. 3. TERM. (a) The initial lease term will be five (5) years (the “Initial Term”), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. Thereafter, the term of this Agreement shall automatically extend for two (2) additional five (5) year terms (each an “Additional Term”) unless Landlord or Tenant shall notify the other party in writing of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the-then current Initial Term or Additional Term. (b) Upon expiration of the second Additional Term, the term of this Agreement may be extended by mutual agreement of the parties for three additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein. Tenant shall notify Landlord in writing of Tenant’s intention to renew this Agreement at least sixty (60) days prior to the expiration of the second Additional Term or the then-existing Extension Term. If no Extension Term is agreed upon by the parties at the expiration of the second Additional Term or the then-existing Extension Term, the Agreement shall terminate. (c) If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Additional Term(s), and any Extension Terms and any Holdover Term are collectively referred to as the “Term.” 4. RENT. (a) Commencing on the date that Tenant commences construction after the issuance of a building permit by the City of South San Francisco (the “Rent Commencement Date”), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, Six Thousand, Seven Hundred and No/100 Dollars ($6,700.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within ninety (90) days after the Rent Commencement Date. Tenant shall provide Landlord with written notice upon Tenant commencement of construction to confirm the Rent Commencement Date. (b) In year two (2) of the Initial Term, and each year thereafter, including throughout any Additional Terms, and Extension Terms exercised, the monthly Rent shall increase by three percent (3%) over the Rent paid during the previous year. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within two (2) years from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Tenant’s ability to obtain and maintain all government licenses, 170 4 permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, encroachment permits, and construction permits (collectively, “Government Approvals”). Tenant shall obtain all applicable Governmental Approvals at Tenant’s sole cost and expense, including paying all required permit review and application fees. At Tenant’s sole cost and expense, Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant’s sole cost and expense and subject to Tenant obtaining all applicable required permits and approvals, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifica tions, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) In accordance with Section 3 above with respect to each Additional Term and any Extension Term; (b) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (c) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable; (d) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (e) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (f) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to six (6) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 18 Condemnation or Section 19 Casualty. (g) by Landlord or Tenant, as applicable, for uncured interference in accordance with Section 8 below with thirty (30) days’ written notice to the other party, as applicable. (h) by Tenant in accordance with Section 11 with thirty (30) days’ written notice to Landlord. 7. INSURANCE. During the Term, Tenant shall carry and maintain general liability insurance per ISO form CG 00 01 or equivalent including the Indemnitees (defined below) as additional insured by endorsement with respect to this Agreement and insuring them against liability or financial loss resulting from injuries 171 5 occurring to persons or property arising from Tenant’s use of the Premises and activities pursuant to this Agreement. Each Policy of insurance shall provide coverage on an occurrence basis: covering personal injury and property damage in the amount of $5,000,000 per occurrence and in the aggregate. Tenant will provide at least 30 days written notice to additional insureds of cancellation or non-renewal of any required coverage that is not replaced. Tenant’s general liability policy shall be primary and non-contributory to other insurance maintained by Landlord and shall include a separation of insureds provision with respect to Landlord, its officials, officers, employees, or agents. 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant will adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. (c) Landlord will not, nor will Landlord permit its employees, additional tenants, vendors, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) business hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease or cause to cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. If the interference cannot be resolved, Tenant will be entitled to terminate this Agreement pursuant to Section 6 above and/or pursue all rights and remedies available under this Agreement, law, and equity. (d) Tenant will not, nor will Tenant permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with existing (as of the Effective Date) Landlord equipment and facilities located on the Structure and the operation thereof so long as such equipment is lawfully installed and properly operated. Tenant will cause such interference to cease within twenty-four (24) business hours after receipt of notice of interference from Landlord. In the event any such interference does not cease within the aforementioned cure period, Tenant shall cease any operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. If the interference cannot be resolved, Landlord will be entitled to terminate this Agreement pursuant to Section 6 above. (e) For the purposes of this Agreement, “interference” means any use on the Property or Surrounding Property that causes physical damages or obstruction to the Communication Facility, or electronic or physical obstruction with, or degradation of, the communications signals from, the Communication Facility and/or “Harmful Interference” as defined by the Federal Communications Commission under 47 C.F.R. Section 15.3(m). 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord, its officials, officers, employees and agents (“Indemnitees”) harmless from and against any and all injury, loss, damage or liability, penalties, liens, costs or expenses in connection with a third party claim (including without limitation reasonable attorneys’ fees and court costs) (collectively “Liabilities”) arising directly or indirectly from Tenant’s use of the Premises and activities pursuant to this Agreement including the installation, use, maintenance, repair or removal of the 172 6 Communication Facility, or Tenant’s breach of any provision of this Agreement, except to the extent such Liabilities are proximately caused by the negligent or intentional act or omission of Landlord, its officials, officers, employees or agents. (b) Pursuant to this Section 9, Landlord: (i) shall promptly provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve Tenant of its indemnity obligation, except (1) to the extent Tenant can show it was prejudiced by the delay; and (2) Tenant shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Each of Tenant and Landlord (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i), Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and posssesses ownership interest of the Structure pursuant to certain Condominium Plan recorded with the San Mateo County Recorder’s Office as Document No. 2019-107596; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a commercially reasonable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. CONDITION OF THE PREMISES; ENVIRONMENTAL. (a) To the best of Landlord’s knowledge, Landlord represents and warrants (i) that neither Landlord not any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any Hazardous Material including asbestos-containing materials and lead paint, on, under, about or within the Property in violation of any Hazardous Materials Laws (as defined below); and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord agrees that Landlord will be responsible for compliance with any and all applicable Hazardous Materials Laws (as defined below), as may now or at any time hereafter be in effect, to the extent such apply to Landlord’s activity conducted in or on the Property. (b) Tenant acknowledges that except as expressly set forth herein, Landlord makes no representations or warranties expressed or implied regarding the condition of the Premises or the fitness or suitability thereof for Tenant’s purposes. Tenant acknowledges and agrees that prior to the Effective Date it has made investigations of the Property, including without limitation such inquiries of governmental agencies, tests and inspections as Tenant deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property as described herein in its condition as of the Effective Date “AS-IS” “WHERE-IS” AND WITH ALL FAULTS, but Tenant’s acknowledgement and agreement shall not limit the representations and warranties that Landlord has expressly made herein or 173 7 Landlord’s maintenance and repair responsibilities. Tenant further acknowledges that Landlord has made available to Tenant all data and information on the Property, but without warranty or representation by Landlord as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Agreement. (c) Tenant hereby covenants and agrees that throughout the Term: (1) The Premises, and the use and operation thereof by Tenant, shall comply with all Hazardous Materials Laws, and Tenant shall not cause the Property, the Premises or any portion thereof to be in violation of any Hazardous Materials Laws. (2) Tenant shall not cause the Property, the Premises, or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials nor shall Tenant cause the presence or release of Hazardous Materials in, on, under, about or from the Property or the Premises with the exception of materials customarily used in construction, operation, use or maintenance of the Communication Facility, provided such materials are used, stored and disposed of in compliance with Hazardous Materials Laws. (3) Upon receiving knowledge of the same, Tenant shall immediately advise Landlord in writing of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Tenant with regard to the Premises or the Property pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims, citations, demands, inquiries, reports, or notices made or threatened by any third party against Tenant with regard to the Premises or the Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials; or (iii) the presence or release of any Hazardous Materials in, on, under, about or from the Premises as a result of Tenant actions. The matters set forth in the foregoing clauses (i) through (iv) are hereinafter referred to as “Hazardous Materials Claims.” Landlord shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claim at its sole expense. In the event Tenant becomes aware of any Hazardous Materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that do not result from Tenant’s actions during the term of this Agreement and, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. (4) Without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about the Premises or the Property (other than in emergency situations or as required by governmental agencies having jurisdiction in which case Landlord agrees to provide its consent), nor enter into any settlement agreement, consent decree, or other compromise with respect to any Hazardous Materials Claim. (5) If the presence of any Hazardous Material in the Premises or on the Property due to any of the occurrences specified in Section 11(c)(6) below (Environmental Indemnity) results in any contamination of the Property in violation of Hazardous Materials Laws, Tenant shall promptly take all actions at its sole expense as are necessary to remediate the Property as required by Hazardous Materials Laws; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, conditioned or delayed. All costs and expenses of any Remedial Work shall be paid by Tenant, it being understood that Landlord shall incur no cost, expense or liability in connec tion with any Remedial Work. Landlord shall have the right, but no obligation, to join and participate in, as 174 8 a party if it so elects at the Landlord’s cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. For purposes of this Agreement, “Remedial Work” means all investigation, testing, analysis, monitoring, restoration, abatement, detoxification, containment, handling, treatment, removal, storage, decontamination, clean-up, transport, disposal or other ameliorative work or response action required by (i) any Hazardous Materials Laws, (ii) any order or request of any federal, state or local governmental agency, or (iii) any judgment, consent decree, settlement or compromise with respect to any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions or agreements or orders threatened, instituted, or completed pursuant to any Hazardous Materials Laws or any actions, proceedings or claims by such entities or third parties relating to or arising out of the breach of any Hazardous Materials Laws or the presence or release of any Hazardous Material in, on, under or from the Premises or the Property. (6) Environmental Indemnity. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Indemnitees harmless from and against all Claims arising during the Term and to the extent arising from (i) Tenant’s use, generation, discharge, transport, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from the Property during the Term, (ii) the failure of Tenant, Tenant’s employees, agents, contractors, subcontractors, licensees, permittees, or any person acting on behalf of any of the foregoing to comply with Hazardous Materials Laws, or (iii) the breach by Tenant of any of its covenants contained in this Section 11. The foregoing indemnity shall further apply to any residual contamination in, on, under or about the Property or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Materials by Tenant, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials Laws and shall include, without limitation, any Claims arising in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work ordered by a court or required by any federal, state, or local governmental agency or political subdivision. Notwithstanding anything to the contrary contained herein, nothing in this Section 11(c)(6) shall be construed to make Tenant responsible for any Hazardous Materials to the extent the Hazardous Materials were pre-existing on the Property prior to the Effective Date, migrate onto the Property through air, water, or soil through no fault of Tenant, or are introduced by any third party not under Tenant’s control, or are not caused by Tenant. This Section 11(c)(6) shall survive the expiration or earlier termination of this Agreement with respect to Claims arising from occurrences during the Term. (7) Definitions. Hazardous Materials. As used herein, “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local, state or federal authority, agency or governmental body, including any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317); (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (xi) defined as “hazardous substances” pursuant to Section 101 of the 175 9 Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended. Hazardous Materials Laws. As used herein “Hazardous Materials Laws” means all federal, state and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes and regulations cited in the preceding definition of Hazardous Materials, as any of the foregoing may be amended from time to time. 12. ACCESS. At all times throughout the Term of this Agreement, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) from an open and improved public road to the open rooftop area of the Premises without prior notice to Landlord, and shall have access to the remainder in-building area of the Premises upon forty-eight (48) hours’ written notice to Landlord (except in the case of an emergency when Tenant shall have immediate access after contacting the emergency contact number at Public Works Call in Line (650-877-8550) during business hours, or Police Dispatch (650-877-8900) or City’s Public Works (Standby 650-333-2265) during after business hours) for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred ninety (90) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto , the Structure, and all areas of the Premises where Tenant does not have exclusive control, in the same manner as other public properties are maintained, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, excluding any approved landscaping installed by Tenant as a condition of this Agreement or any required permit, which shall be responsibilities of Tenant. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within thirty (30) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant’s reimbursement obligations hereunder. Within thirty (30) days after a request from Tenant, Landlord shall provide copies of such utility billing records to the Tenant in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Tenant, Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant. 176 10 (c) As noted in Section 4(c), any utility fee recovery by Landlord is limited to a 2 -year period. If Tenant sub-meters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption at Tenant’s sole cost and expense. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. (d) Tenant will have the right to install utilities specific to Tenant, and its successors, assigns, subtenants, and licensees, and/or Pacific Gas and Electric Company, at no additional cost to Landlord, and to improve present utilities on the Property and the Premises. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant’s failure to perform any other term or condition under this Agreement within thirty (30) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as required by Section 12 within forty-eight (48) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 within twenty-four (24) business hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant may not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, however, Tenant shall be permitted to assign this Agreement without Landlord’s prior consent but with advance written notice to the Landlord to (i) Tenant’s Affiliate (as defined in Section 24(i)); (ii) an entity that acquires all or substantially all of Tenant’s assets in the market as defined by the Federal Communications Commission in which the Property is located; and where such assignee assumes, recognizes and also agrees to fully assume, and become responsible to Landlord for the performance of, all terms and conditions of this Agreement to the extent of such assignment. Upon notification to Landlord of such assignment or transfer, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. Any purported assignment, transfer, or sublet in violation of this section shall be void. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused, or returned undelivered. Notices will be addressed to the parties hereto as follows: 177 11 If to Tenant: New Cingular Wireless PCS, LLC Attn: Tower Asset Group - Lease Administration Re: Cell Site #: CCL06302; Cell Site Name: Miller Garage, CA Fixed Asset #: 15530344 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, Georgia 30319 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: CCL06302; Cell Site Name: Miller Garage, CA Fixed Asset #: 15530344 208 S. Akard Street Dallas, TX 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: City of South San Francisco Attn: City Manager 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Redwood Public Law, LLP Attn.: Sky Woodruff, City Attorney 409 13th Street, Suite 600 Oakland, California 94612 Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty-four (24) business hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within one hundred and eighty (180) days after the casualty 178 12 or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant’s sole discretion and without Landlord’s consent. 21. TAXES. (a) Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for (y) any taxes and assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in this Section 21 and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord is required by law to advance the taxes that are imposed on Tenant, and provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and any other supporting documentation reasonably requested by Tenant to allow Tenant to reimburse Landlord, and Tenant shall reimburse Landlord within thirty (30) days after receipt of said notice and documents. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall reasonably cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s ac tion shall belong to Tenant, to the extent the amounts were originally paid by Tenant, or to Landlord to the extent the amounts were originally paid 179 13 by Landlord. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (e) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax address changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities. (f) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. 22. SALE OF PROPERTY. (a) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing of such rezoning, sale, subdivision or transfer and any sale, subdivision or other transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this Section 22(b) to Tenant. Until Tenant receives all such documents, Tenant’s failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill v. New IRS Form W-9 vi. Completed and Signed Tenant Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance will interfere (as defined in Section 8(e)) with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion . If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment. 180 14 (d) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 23. [Reserved.] 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum of Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially in the form attached as Exhibit 3. Either party may record this Memorandum of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property, including but not limited to obtaining all required Government Approvals and City of South San Francisco permits and entitlements as applicable, at Tenant’s sole cost and expense. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved 181 15 on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct t he management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9/FTB 590. As a condition precedent to payment, Landlord agrees to provide Tenant with both a completed IRS Form W-9 and CA FTB Form 590, or their respective equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant , including any change in Landlord’s name or address. A copy of the IRS Form W-9 and CA FTB Form 590 in their current forms are attached hereto as Exhibit 2. (l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only u pon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) No Additional Fees/Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Landlord and/or Tenant, as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either party to the other party, for any task or service including, but not limited to, review of plans, structural analyses, consents, provision of documents or other communications between the parties. For clarification and the avoidance of doubt, this provision relates to the parties in their capacities as landlord and tenant only under this Agreement and shall not limit the fees that the City of South San Francisco may charge in its capacity as a municipality performing regulatory tasks as provided by statute (i.e., governmental regulatory fees, application fees). (o) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and Permitted Use contemplated by this Agreement. 182 16 [SIGNATURES APPEAR ON NEXT PAGE] 183 17 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date. “LANDLORD” City of South San Francisco, a municipal corporation By: Print Name: ______________________ Its: _____________________________ Date: ____________________________ “TENANT” New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: ______________________ Its: _____________________________ Date: ___________________________ 184 EXHIBIT 1 DESCRIPTION OF PROPERTY AND PREMISES to the Structure Lease Agreement dated ____________, 2024, by and between City of South San Francisco, a municipal corporation, having a mailing address of 400 Grand Avenue, South San Francisco, CA, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: The Premises are described and/or depicted as follows: 185 Notes: 186 at&t CODE COMPLIANCE AT&T SITE NUMBER: CCL06302 AT&T SITE NAME: MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO, CALIFORNIA 94080 JURISDICTION: CITY OF SOUTH SAN FRANCISCO APN: 117-790-020 SITE TYPE: EQUIPMENT ROOM / ROOFTOP INITIATIVE/PROJECT: NSB USID #: 320792 FA LOCATION CODE: 15530344 RFDS ID: 5420060 RFDS VERSION: 2.00 RFDS DATE:11/10/2022 PACE JOB #: MRSFR077686 PTN #: 3701A0YEHC T-1 ALL WORK & MATERIALS SHALL BE PERFORMED & INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO H=THESE CODES: 2022 CALIFORNIA ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R 2022 CALIFORNIA BUILDING CODE (CBC), PART 2, VOLUME 1&2, TITLE 24 C.C.R. (2021 INTERNATIONAL BUILDING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R. (2020 NATIONAL ELECTRICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA MECHANICAL CODE (CMC) PART 4, TITLE 24 C.C.R. (2021 UNIFORM MECHANICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA PLUMBING CODE (CPC), PART 5, TITLE 24 C.C.R. 2021 UNIFORM PLUMBING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ENERGY CODE (CEC), PART 6, TITLE 24 C.C.R. 2022 CALIFORNIA FIRE CODE, PART 9, TITLE 24 C.C.R. (2021 INTERNATIONAL FIRE CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, PART 11, TITLE 24 C.C.R. 2022 CALIFORNIA REFERENCE STANDARDS, PART 12 TITLE 24 C.C.R. ANSI/EIA-TIA-222-H ALONG WITH ANY OTHER APPLICABLE LOCAL & STATE LAWS AND REGULATIONS THIS FACILITY IS UNMANNED & NOT FOR HUMAN HABITATION. DISABLED ACCESS & REQUIREMENTS ARE NOT REQUIRED IN ACCORDANCE WITH CALIFORNIA STATE BUILDING CODE, TITLE 24 PART 2, SECTION 11B-203.5 DISABLED ACCESS REQUIREMENTS SHEET INDEX SHEET NO.REVDESCRIPTION 2TITLE SHEET C-1 SURVEY A-1.1 ENLARGED SITE PLAN A-2 ANTENNA PLANS AND EQUIPMENT SCHEDULE VICINITY MAP DRIVING DIRECTIONS PROJECT DESCRIPTION SITE NAME:MILLER GARAGE SITE #:CCL06302 COUNTY: SAN MATEO COUNTY JURISDICTION:CITY OF SOUTH SAN FRANCISCO APN :117-790-020 SITE ADDRESS:323 MILLER AVENUE SAN FRANCISCO, CALIFORNIA 94080 CURRENT ZONING: DOWNTOWN RESIDENTIAL CORE (DRC) CONSTRUCTION TYPE: 2 OCCUPANCY TYPE: U, (UNMANNED COMMUNICATIONS FACILITY) POWER:PG & E LATITUDE: LONGITUDE: GROUND ELEVATION: PROPERTY OWNER:CITY OF SOUTH SAN FRANCISCO / TONY BARRERA SOUTH FRANCISCO, CALIFORNIA 650.828.3914 APPLICANT:AT&T MOBILITY 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 TITLE SHEET SITE ACQUISITION COMPANY: MODUS LLC 240 STOCKTON STREET SAN FRANCISCO, CALIFORNIA 94108 LEASING CONTACT:ATTN: LORRIE BILLALON (510) 825-8889 LBILLALON@MODUSLLC.COM ZONING CONTACT:ATTN: ERIC LENTZ (805) 895-4394 LENTZPLANNING@GMAIL.COM CONSTRUCTION CONTACT: ATTN: KEITH CONNER (408) 306-3801 GKCONNER@BECHTEL.COM SCALE: N/A TN 323 MILLER AVENUE PROJECT INFORMATION A-1.2 EQUIPMENT PLAN ON THIRD FLOOR A-3 PROPOSED NORTHWEST & SOUTHWEST ELEVATIONS N 37° 39' 22.0032" NAD 83 N 37.6561120 NAD 83 N -122° 24' 41.3568" NAD 83 N -122.4114880 NAD 83 ±46.99' AMSL FROM: 5001 EXECUTIVE PARKWAY, SAN RAMON, CALIFORNIA 94583 TO: SITE LOCATION (LAT: 37.656257° LONG: -122.411009°) SAN FRANCISCO, CALIFORNIA 94080 1. HEAD SOUTHWEST 33 FT 2. TURN RIGHT 312 FT 3. TURN LEFT TOWARD EXECUTIVE PKWY 164 FT 4. TURN RIGHT TOWARD EXECUTIVE PKWY 295 FT 5. TURN RIGHT ONTO EXECUTIVE PKWY 0.2 MI 6. TURN LEFT ONTO CAMINO RAMON 0.8 MI 7.USE THE LEFT 2 LANES TO TURN LEFT ONTO CROW CANYON RD 0.2 MI 8. USE THE RIGHT 2 LANES TO MERGE ONTO I-680 N VIA THE RAMP TO SACRAMENTO 0.4 MI 9. MERGE ONTO I-680 N 9.2 MI 10. USE THE RIGHT 2 LANES TO TAKE EXIT 46A FOR STATE ROUTE 24 TOWARD OAKLAND/LAFAYETTE 1.1 MI 11. CONTINUE ONTO CA-24 W 8.1 MI 12. KEEP LEFT TO STAY ON CA-24 W 4.3 MI 13. TAKE EXIT 2B TO MERGE ONTO I-580 W TOWARD SAN FRANCISCO 1.5 MI 14. TAKE EXIT 19A ON THE LEFT TO MERGE ONTO I-80 W TOWARD SAN FRANCISCO 8.5 MI 15. MERGE ONTO US-101 S 8.2 MI 16. TAKE EXIT 425A TOWARD GRAND AVE 0.2 MI 17. DESTINATION WILL BE ON THE LEFT ESTIMATED TIME: 43 MINUTES ESTIMATED DISTANCE: 43.0 MILES A (N) AT&T UNMANNED TELECOMMUNICATION FACILITY CONSISTING OF INSTALLING: ·INSTALLATION OF (18) PROPOSED AT&T PANEL ANTENNAS ((5) PER SECTOR) ·INSTALLATION OF (12) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) ((3) PER SECTOR) ·INSTALLATION OF (4) PROPOSED AT&T SURGE SUPPRESSORS ((1) PER SECTOR) ON PROPOSED FRP SCREEN ·INSTALLATION OF (4) PROPOSED AT&T SURGE SUPPRESSORS ((1) PER SECTOR) ON PROPOSED EQUIPMENT CABINET ·INSTALLATION OF (4) PROPOSED AT&T OUTDOOR EQUIPMENT CABINETS ·INSTALLATION OF (2) FUTURE AT&T OUTDOOR EQUIPMENT CABINETS ·INSTALLATION OF PROPOSED AT&T UTILITIES TO NEW SITE LOCATION ·INSTALLATION OF (9) PROPOSED AT&T CONCRETE BOLLARDS A-1 OVERALL SITE PLAN EQUIPMENT DETAILSD-1 T-2 SITE SIGNAGE T-3 BATTERY SPECIFICATIONS E-1 ELECTRICAL NOTES E-2 UTILITY ROUTING, PANEL SCHEDULE, SINGLE LINE DIAGRAM & NOTES EQUIPMENT DETAILS D-2 2 2 2 2 2 2 2 2 2 2 2 2 E-3 ELECTRICAL DETAILS G-1 GROUNDING LAYOUTS, NOTES AND DETAILS G-2 GROUNDING DETAILS RF-1 PLUMBING DIAGRAM 2 2 2 2 S-1 STRUCTURAL DETAILS S-2 STRUCTURAL DETAILS S-3 STRUCTURAL DETAILS 2 2 2 S-4 STRUCTURAL DETAILS 2 18 7 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 SITE SIGNAGE SIGNAGE AND STRIPING INFORMATION 1.THE FOLLOWING INFORMATION IS A GUIDELINE WITH RESPECT TO PREVAILING STANDARDS LIMITING HUMAN EXPOSURE TO RADIO FREQUENCY ENERGY AND SHOULD BE USED AS SUCH. IF THE SITE'S EMF REPORT OR ANY LOCAL, STATE OR FEDERAL GUIDELINES OR REGULATIONS SHOULD BE IN CONNECT WITH ANY PART OF THESE NOTES OR PLANS, THE MORE RESTRICTIVE GUIDELINE OR REGULATION SHALL BE FOLLOWED AND OVERRIDE THE LESSER. 2.THE PUBLIC LIMIT OF RF EXPOSURE ALLOWED BT AT&T IS 1PWFP 2 AND THE OCCUPATIONAL LIMIT OF RF EXPOSURE ALLOWED BY AT&T IS 5PWFP 2. 3.IF THE BOTTOM OF THE ANTENNA IS MOUNTED (8) EIGHT FEET ABOVE THE GROUND OR WORKING PLATFORM LINE OF THE PERSONAL COMMUNICATION SYSTEM (PCS) AND DOES NOT EXCEED THE PUBLIC LIMIT OF RF EXPOSURE LIMIT THEN NO STRIPING OR BARRICADES SHOULD BE NEEDED. 4.IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (H.J. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF THE SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINE FOR PLACEMENT OF SUCH BARRICADES AND STRIPING. 5.IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (H.J. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS, THE EXACT EXTENT OF THE BARRICADES & STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINES FOR PLACEMENT OF SUCH BARRICADES AND STRIPING. 6.ALL TRANSMIT ANTENNAS REQUIRE A THREE LANGUAGE WARNING SIGN WRITTEN IN ENGLISH, SPANISH, AND CHINESE. THIS SIGN SHALL BE PROVIDED TO THE CONTRACTOR Y THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION. THE LARGER SIGN SHALL BE PLACED IN PLAIN SIGHT AT ALL ROOF ACCESS LOCATIONS AND ON ALL BARRICADES. THE SMALLER SIGN SHALL BE PLACED ON THE ANTENNA ENCLOSURES IN A MANNER THAT IS EASILY SEEN BY ANY PERSON ON THE ROOF. WARNING SIGNS SHALL COMPLY WITH ANSI C95.2 COLOR, SYMBOL, AND CONTENT CONVENTIONS. ALL SIGNS SHALL HAVE AT&T'S NAME AND THE COMPANY CONTACT INFORMATION (H.J. TELEPHONE NUMBER) TO ARRANGE FOR ACCESS TO THE RESTRICTED AREAS. THIS TELEPHONE NUMBER SHALL BE PROVIDED TO THE CONTRACTOR BY THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION. 7.PHOTOS OF ALL STRIPING, BARRICADES AND SIGNAGE SHALL BE PART OF THE CONTRACTORS CLOSE OUT PACKAGE & SHALL BE TURNED INTO THE AT&T CONSTRUCTION PACKAGE & SHALL BE TURNED INTO THE AT&T CONSTRUCTION MANAGER AT THE END OF CONSTRUCTION. STRIPING SHALL BE DONE WITH FADE RESISTANT YELLOW SAFETY PAINT IN A CROSS-HATCH PATTERN AS DETAILED BY THE CONSTRUCTION DRAWINGS. ALL BARRICADES SHALL BE MADE OF AN RF FRIENDLY MATERIAL SO AS NOT TO BLOCK OR INTERFERE WITH THE OPERATION OF THE ANTENNAS. BARRICADES SHALL BE PAINTED WITH FADE RESISTANT YELLOW SAFETY PAINT. THE CONTRACTOR SHALL PROVIDE WITH ALL RF FRIENDLY BARRICADES NEEDED, & SHALL PROVIDE THE AT&T CONSTRUCTION PROJECT MANAGER WITH A DETAILED SHOP DRAWING OF EACH BARRICADES. UPON CONSTRUCTION COMPLETION. NOTICE SIGN GENERAL NOTES 8" NOTICE BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. AT&T RSHUDWHV DQWHQQDV DW WKLV VLWH. FROORZ VDIHW\ JXLGHOLQHV IRU ZRUNLQJ LQ DQ RF HQYLURQPHQW. CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 12 " CAUTION BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. On this tower : CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 CAUTION BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. AT&T RSHUDWHV DQWHQQDV DW WKLV VLWH. FROORZ VDIHW\ JXLGHOLQHV IRU ZRUNLQJ LQ DQ RF HQYLURQPHQW. CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 8" 12 " 8" 12 " PHUVRQDO FOLPELQJ WKLV WRZHU VKRXOG EH WUDLQHG IRU ZRUNLQJ LQ RF HQYLURQPHQW DQG XVHG D SHUVRQDO RF PRQLWRULQJ LI ZRUNLQJ QHDU DFWLYH DQWHQQDV. CAUTION AND WARNING SIGN NOTE: 1.CONTRACTOR SHALL INSTALL ALL INFORMATION SIGNAGE IN ACCORDANCE W/ AT&T WIRELESS DOCUMENT #03-0074, RF EXPOSURE POLICY AND RF SAFETY COMPLIANCE PROGRAM, LATEST EDITION. 2.CONTRACTOR SHALL CONTACT AT&T R-RFSC FOR INFORMATION ON MPE LEVELS AND INSTRUCTIONS ON LEVEL AND LOCATION OF SIGNAGE. 3 0 2 ACID PURSHUW\ RI AT&T AXWKRUL]H G PHUVRQQHO OQO\ IQ FDVH RI HPHUJHQF\, RU SULRU WR SHUIRUPLQJ PDLQWHQDQFH RQ WKLV VLWH, FDOO (800) 638-2822 DQG UHIHUHQFH FHOO VLWH QXPEHU CCL06302 CABINET DOORS SIGNAGENFPA HAZARD SIGN NOTICE AUTHORIZED PERSONNEL ONLY DOOR / EQUIPMENT SIGN PURSHUW\ RI AT&T AXWKRUL]H G PHUVRQQHO OQO\ IQ FDVH RI HPHUJHQF\, RU SULRU WR SHUIRUPLQJ PDLQWHQDQFH RQ WKLV VLWH, FDOO (800) 638-2822 DQG UHIHUHQFH FHOO VLWH QXPEHU CCL06302 NR TUHVSDVVLQJ VLRODWRUV ZLOO EH SURVHFXWHG GATE SIGNAGE NONE SCALE:1 NONE SCALE:2 NONE SCALE:3 NFPA 704 HAZARD DIAMOND SIGNFUEL TYPE SIGN 1 2 0 FCC ASR SIGNAGEFENCED COMPOUND SIGNAGE DANGER NO TRESPASSING INFORMATION FHGHUDO CRPPXQLFDWLRQV CRPPXQLFDWLRQ TRZHU RHJLVWUDWLRQ NXPEHU 1 2 3 4 5 6 7 PRVWHG LQ DFFRUGDQFH ZLWK FHGHUDO CRPPXQLFDWLRQV CRPPLVVLRQ UXOHV DQG DQWHQQD WRZHU UHJLVWUDWLRQ 47CFR 17.4 (J). 8" 12" COMBUSTIBLE NO SMOKING NO OPEN FLAMES DIESEL FUEL FUEL TANK CAPACITY 190 GALS FENCE COMPOUND SIGNAGE FOR FUEL & OTHER ENVIRONMENTAL EMERGENCIES CALL EH&S 1-800-566-9347 1-800-KNOW-EHS WARNING CANCER AND REPRODUCTIVE HARM WWW.P65WARNINGS.CA.GOV AVERTISSEMENT CANCER ET EFFET NOCIF SUR IS REPRODUCTION WWW.P65WARNINGS.CA.GOV AVERTISSEMENT PRODUCE CANDER Y DANCS REP R ODUCTIVOS WWW.P65WARNINGS.CA.GOV YELLOW EH&S SIGN PROP 65 15" 1 5 " NONE SCALE:4NONE SCALE:6NONE SCALE:10 NONE SCALE:9 NONE SCALE:8NONE SCALE:12 NONE SCALE:13 NONE SCALE:14 NONE SCALE:11 NONE SCALE:7 NONE SCALE:5 at&t RHIHUHQFH SLWH#: CCL06302 SLWH AGGUHVV: 323 MLOOHU AYH , SDQ FUDQFLVFR , CA 94 080 TKLV SLWH OSHUDWHG E\: AT&T MOBILITY 5001 EXECUTIVE PARKWAY SAN RAMON, CA 94583 IN CASE OF FIRE AND THE NEED FOR SHUTDOWN TO ACTIVATE ANTENNAS CALL THE FOLLOWING NUMBER: FRU 24 HRXU EPHUJHQF\ CRQWDFW DQG AFFHVV POHDVH CDOO: (800) 638-2822 18 8 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 BATTERY SPECIFICATIONS BATTERY SPECIFICATIONS NONE SCALE:1 BATTERY INFORMATION CFC 1206 BATTERY MODEL TOTAL # OF BATTERY UNITS INSTALLED TOTAL ELECTROLYTE VOLUME (GAL) PER UNIT TOTAL ELECTROLYTE WEIGHT (LBS) PER UNIT % SULFURIC = ACID VOLUME / UNIT ACID BY VOL ELECTROLYTE VOLUME/UNIT % SULFURIC = TOTAL ACID WEIGHT ACID BY WEIGHT TOTAL ELECTROLYTE WEIGHT TOTAL SULFURIC = TOTAL UNITS X VOL (GAL) SULFURIC VOL/UNIT % SULFURIC = ACID VOLUME / UNIT ACID BY VOL ELECTROLYTE VOLUME/UNIT POWERSAFE - SBS190F 32 UNITS 2.34 GAL 28.9 LBS 28.21% = 0.66 GAL / 2.34 GAL 34.95% = 10.1 LBS/28.9 LBS 74.88 GAL = 32 UNITS X 2.34 / UNIT 323.2 LBS = 32 UNITS X 10.1 LBS 18 9 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 OVERALL SITE PLAN OVERALL SITE PLAN LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE 24" X 36" SCALE 1" = 30' 11" X 17" SCALE 1" = 60'1 NO R T H - A-2 APN: 117-790-020 ZONED: TBD EXISTING PARKING LOT MILL E R A V E N U E ( IN FEET ) GRAPHIC SCALE 030 30 60 12015 EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING PARKING LOT EXISTING ROOFTOP APN: 012-312-410 ZONED: TBD APN: 012-312-100 ZONED: TBD APN: 012-312-420 ZONED: TBD APN: 012-312-130 ZONED: TBD APN: 012-312-030 ZONED: TBD APN: 012-312-020 ZONED: TBD APN: 012-312-350 ZONED: TBD APN: 012-312-010 ZONED: TBD 4TH L A N E LI N D E N A V E N U E MA P L E A V E N U E EXISTING UTILITY POLE EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING GRA N D A V E N U E EXISTING ACCESS AND PROPOSED AT&T SITE ACCESS PR O P E R T Y L I N E PRO P E R T Y L I N E PRO P E R T Y L I N E PR O P E R T Y L I N E EXISTING TRANSFORMER APN: 012-312-340 ZONED: TBD APN: 012-312-330 ZONED: TBD APN: 012-312-320 ZONED: TBD APN: 012-312-310 ZONED: TBD APN: 012-312-300 ZONED: TBD APN: 012-312-290 ZONED: TBD APN: 012-312-370 ZONED: TBD EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING APN: 012-311-470 ZONED: TBD PROPOSED AT&T 22'-1" X 10'-6" EQUIPMENT LEASE AREA ON THIRD FLOOR (a220.8 SQ.FT.) EXISTING RESIDENTIAL APARTMENT EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING CAUTION BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. On this tower : CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 PHUVRQDO FOLPELQJ WKLV WRZHU VKRXOG EH WUDLQHG IRU ZRUNLQJ LQ RF HQYLURQPHQW DQG XVHG D SHUVRQDO RF PRQLWRULQJ LI ZRUNLQJ QHDU DFWLYH DQWHQQDV. PROPOSED CAUTION 2 SIGNS ON THE BACK OF THE ANTENNAS AND ON FRP WALLS IN FRONT OF ANTENNAS CAUTION BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. On this tower : CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 PHUVRQDO FOLPELQJ WKLV WRZHU VKRXOG EH WUDLQHG IRU ZRUNLQJ LQ RF HQYLURQPHQW DQG XVHG D SHUVRQDO RF PRQLWRULQJ LI ZRUNLQJ QHDU DFWLYH DQWHQQDV. PROPOSED CAUTION 2 SIGNS ON THE BACK OF THE ANTENNAS AND ON FRP WALLS IN FRONT OF ANTENNAS CAUTION BH\RQG TKLV PRLQW \RX DUH HQWHULQJ DQ DUHD ZKHUH UDGLR IUHTXHQF\ (RF) ILHOGV PD\ HxFHHG WKH FCC GHQHUDO PRSXODWLRQ ExSRVXUH LLPLWV. On this tower : CRQWDFW AT&T DW 800-638-2822 DQG IROORZ WKHLU LQVWUXFWLRQV SULRU WR SHUIRUPLQJ DQ\ PDLQWHQDQFH RU UHSDLUV DERYH WKLV SRLQW. TKLV LV AT&T VLWH BBBBBBBBBBBBBBBBCDXWLRQ VLJQ #CAOTT-ALL-057 PHUVRQDO FOLPELQJ WKLV WRZHU VKRXOG EH WUDLQHG IRU ZRUNLQJ LQ RF HQYLURQPHQW DQG XVHG D SHUVRQDO RF PRQLWRULQJ LI ZRUNLQJ QHDU DFWLYH DQWHQQDV. PROPOSED CAUTION 2 SIGNS ON THE BACK OF THE ANTENNAS AND ON FRP WALLS IN FRONT OF ANTENNAS 19 0 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 ENLARGED SITE PLAN ENLARGED SITE PLAN LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE 24" X 36" SCALE 1" = 10' 11" X 17" SCALE 1" = 20'1 - A-1.2 ( IN FEET ) GRAPHIC SCALE 010 10 20 405 NO R T H APN: 117-790-010 ZONED: TBD MILL E R A V E N U E EXISTING PARKING LOT 4TH L A N E EXISTING PARKING LOT EXISTING BUILDING EXISTING BUILDING APN: 012-312-030 ZONED: TBD EXISTING BUILDING APN: 012-312-410 ZONED: TBD EXISTING ACCESS AND PROPOSED AT&T SITE ACCESS PR O P E R T Y L I N E PR O P E R T Y L I N E PRO P E R T Y L I N E PRO P E R T Y L I N E 1 A-2 1 A-3 2 A-3 EXISTING TRANSFORMER EXISTING UTILITY POLE AND PROPOSED AT&T POWER AND FIBER SOURCE PROPOSED AT&T UNDERGROUND POWER AND FIBER ROUTE (a70') APN: 012-312-310 ZONED: TBD APN: 012-312-300 ZONED: TBD 2 A-2 EXISTING UTILITY ROOM (FIRST FLOOR) PROPOSED AT&T FIBER AND POWER MEET ME POINT (MMP) PROPOSED POWER AND FIBER ROUTE FROM EXISTING UTILITY ROOM TO THE EXISTING CONDUIT CHASES THEN ROUTED ALONG THE 4TH FLOOR AND DOWN 1 LEVEL TO THE PROPOSED AT&T EQUIPMENT AREA ON 3RD FLOOR (a130') PROPOSED 6" CABLE TRAY TO INSTALL ALONG THE INSIDE OF THE PARAPET WALL WITH SUPPORT BRACING IN BETWEEN THE COLUMN SPAN SECTOR D 100° AZ. SE C T O R C 19 0 ° A Z . SECTOR B 280° AZ. SL O P E D O W N SL O P E D O W N EN T R A N C E F R O M LO W E R L E V E L EXISTING TRANSFORMER EXISTING BOLLARD S E C T O R A 3 5 0 ° A Z . PROPOSED (2) UTILITY 2" CORES TO THE THIRD FLOOR PROPOSED AT&T 29'-4" X 10'-0" EQUIPMENT LEASE AREA ON THIRD FLOOR (a294 SQ.FT.) PROPOSED AT&T 25'-4" X 23'-0" EQUIPMENT LEASE AREA ON THIRD FLOOR (a576 SQ.FT.) 19 1 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 EQUIPMENT PLAN ON THIRD FLOOR EQUIPMENT PLAN - ON THIRD FLOOR LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE ( IN FEET ) GRAPHIC SCALE 02.5 2.5 5 101.25 24" X 36" SCALE 1" = 2'-6" 11" X 17" SCALE 1" = 5'1 NO R T H 8'- 7 " PROPOSED AT&T EMERSON OUTDOOR NETSURE 512 DC POWER SYSTEM ENCLOSURE PROPOSED AT&T EMERSON OUTDOOR NETEXTEND FLEX BATTERY ENCLOSURE PROPOSED AT&T 8' STUCCO WALL PAINTED TO MATCH BUILDING (PER PLANNING) PROPOSED AT&T ACCESS METAL SECURITY SOLID DOOR (AS PER PLAN)20'-9" 5'-8" EXISTING CURB EXISTING FENCE PROPOSED AT&T CIENA FIBER CABINET PROPOSED AT&T DISCONNECT SWITCH PROPOSED AT&T ELECTRICAL PANEL (2) EXISTING PARKING SPACE TO BE USED FOR PROPOSED EQUIPMENT AREA 7 D-1 8 D-1 PROPOSED AT&T 40" X 52.24" X 9" GROUND LEVEL DC50 SPD MOUNTED TO NEW H-FRAME 9 D-2 (2) PROPOSED AT&T PURCELL CABINETS STACKED WITH (3) SURGE SUPPRESSORS AND (1) 6651 BBU  XMU (2) FUTURE AT&T PURCELL CABINETS STACKED 10 D-1 3'-5" 16'-7" 3'-5" 1'-6" 4'-4" 5'-2" 3'-6" 2'-4" 1'-0" 3'- 0 " TY P . PROPOSED BOLLARD, TYP 8 D-2 3'-0" TYP. 2'-5" 1'-2" TYP. 2'- 2 " 10 ' - 0 " 9'-6" 5'-7" 1'-4" 29'-4" 1'- 3 " 3'- 1 " 3'- 0 " PROPOSED AT&T 29'-4" X 10'-0" EQUIPMENT LEASE AREA ON THIRD FLOOR (a294 SQ.FT.) (2) PROPOSED 2" CONDUIT FOR POWER AND FIBER ROUTE FROM EXISTING UTILITY ROOM TO PROPOSED AT&T EQUIPMENT AREA ON 3RD FLOOR (a130') PROPOSED CABLE TRAY ROUTE AND INSTALL ON TOP OF COLUMN ON SOUTH SIDE PARKING GARAGE WITH SUPPORT BRACING IN BETWEEN THE COLUMN SPAN PROPOSED (2) UTILITY 2" CORES TO THE THIRD FLOOR 19 2 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 ANTENNA PLANS AND EQUIPMENT SCHEDULE PROPOSED EQUIPMENT SCHEDULE 24" X 36" SCALE 1" = 4' 11" X 17" SCALE 1" = 8'1 NO R T H 100° AZ. SECTOR D C1 C2 C3 D1 D2 D3 19 0 ° A Z . SE C T O R C PROPOSED ANTENNA LAYOUT @ SECTOR A, B, & C3 ANTENNA AND EQUIPMENT SCHEDULE SECTOR ANTENNA # (DIMENSION)CENTERLINE AZIMUTH RRH CABLE TYPE HYBRID TYPE CABLE LENGHT AL P H A A1 COMMSCOPE NNHH-45B-R4 72" x 18" x 7" 65'-0"350° (1) RADIO 4449 B5/B12 (1) RADIO 8843 B2/B66A LC-LC SM 48 FIBER 24-CH TRUNK (1) 9X18 HYBRID CABLE 80'A2 ERICSSON - AIR6449 B77D  AIR6419 B77G STACKED 70.4" x 15.9" x 8.7" INTEGRATED WITHIN AIR6419 INTEGRATED WITHIN AIR6449 A3 COMMSCOPE NNHH-45B-R4 72" x 18" x 7"(1) RADIO 4478 B14 BE T A B1 COMMSCOPE NNHH-45B-R4 72" x 18" x 7" 65'-0"280° (1) RADIO 4449 B5/B12 (1) RADIO 8843 B2/B66A LC-LC SM 48 FIBER 24-CH TRUNK (1) 9X18 HYBRID CABLE 70'B2 ERICSSON - AIR6449 B77D  AIR6419 B77G STACKED 70.4" x 15.9" x 8.7" INTEGRATED WITHIN AIR6419 INTEGRATED WITHIN AIR6449 B3 COMMSCOPE NNHH-45B-R4 72" x 18" x 7"(1) RADIO 4478 B14 GA M M A C1 COMMSCOPE NNHH-45B-R4 72" x 18" x 7" 65'-0"190° (1) RADIO 4449 B5/B12 (1) RADIO 8843 B2/B66A LC-LC SM 48 FIBER 24-CH TRUNK (1) 9X18 HYBRID CABLE 60'C2 ERICSSON - AIR6449 B77D  AIR6419 B77G STACKED 70.4" x 15.9" x 8.7" INTEGRATED WITHIN AIR6419 INTEGRATED WITHIN AIR6449 C3 COMMSCOPE NNHH-45B-R4 72" x 18" x 7"(1) RADIO 4478 B14 DE L T A D1 COMMSCOPE NNHH-45B-R4 72" x 18" x 7" 68'-6"100° (1) RADIO 4449 B5/B12 (1) RADIO 8843 B2/B66A LC-LC SM 48 FIBER 24-CH TRUNK (1) 9X18 HYBRID CABLE 310'D2 ERICSSON - AIR6449 B77D  AIR6419 B77G STACKED 70.4" x 15.9" x 8.7" INTEGRATED WITHIN AIR6419 INTEGRATED WITHIN AIR6449 D3 COMMSCOPE NNHH-45B-R4 72" x 18" x 7"(1) RADIO 4478 B14 24" X 36" SCALE 1" = 4' 11" X 17" SCALE 1" = 8'2 NO R T H SECTOR B 280° AZ. PROPOSED ANTENNA LAYOUT @ SECTOR D PROPOSED AT&T SURGE SUPPRESSOR (AT SECTOR A) (3) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) (AT SECTOR A) PROPOSED AT&T SURGE SUPPRESSOR (AT SECTOR D) (3) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) (AT SECTOR D) (4) PROPOSED AT&T PANEL ANTENNAS AT 68'-6" CENTERLINE MOUNTED TO PROPOSED FRP ENCLOSURE BOX (AT SECTOR D) (4) PROPOSED AT&T PANEL ANTENNAS AT 65'-0" CENTERLINE MOUNTED TO PROPOSED FRP ENCLOSURE BOX (AT SECTOR B) PROPOSED AT&T SURGE SUPPRESSOR (AT SECTOR B) (3) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) (AT SECTOR B) PROPOSED AT&T SURGE SUPPRESSOR (AT SECTOR B) (3) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) (AT SECTOR B) (4) PROPOSED AT&T PANEL ANTENNAS AT 65'-0" CENTERLINE MOUNTED TO PROPOSED FRP ENCLOSURE BOX (AT SECTOR C) A3 (4) PROPOSED AT&T PANEL ANTENNAS AT 65-0" CENTERLINE MOUNTED TO PROPOSED FRP ENCLOSURE BOX (AT SECTOR A) EXISTING OTHER CARRIER PANEL ANTENNAS ON BALLAST MOUNT PROPOSED AT&T GPS ANTENNA B3 B2 B1 S E C T O R A 3 5 0 ° A Z . 1 D-2 2 D-2 1 D-2 2 D-2 1 D-2 2 D-2 1 D-2 2 D-2 3 D-2 3 D-2 3 D-2 3 D-2 11 D-1 11 D-1 11 D-1 11 D-1 6 D-2 EXISTING BUILDING AIR VENT EXISTING FLOOR DRAINS EXISTING BUILDING AIR VENT EXISTING OTHER CARRIER PANEL ANTENNA ON BALLAST MOUNT 24" X 36" SCALE 1" = 4' 11" X 17" SCALE 1" = 8'2EXISTING MW PLAN EXISTING OTHER CARRIER PANEL ANTENNAS ON BALLAST MOUNT EXISTING BUILDING AIR VENT EXISTING FLOOR DRAINS EXISTING OTHER CARRIER PANEL ANTENNA ON BALLAST MOUNT A2 A1 23 ' - 6 " 24'-6"4'- 7 " 6'- 0 " 8'- 1 0 " D3 7'- 4 " 4'- 7 " 26'-1 0 " 4'-10" 6'-0" 12'-0" 8'- 6 " 6'- 0 " 5'- 0 " 23 ' - 6 " 5'-0" 6'-0" 6'-0" PROPOSED AT&T 26'-10" X 23'-6" EQUIPMENT LEASE AREA ON THIRD FLOOR (a630 SQ.FT.) PROPOSED AT&T 24'-6" X 23'-6" EQUIPMENT LEASE AREA ON THIRD FLOOR (a575 SQ.FT.) 19 3 P SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 PROPOSED NORTHWEST & SOUTHWEST ELEVATIONS PROPOSED SOUTHWEST ELEVATION 24" X 36" SCALE 1" = 10' 11" X 17" SCALE 1" = 20'1 PROPOSED NORTHWEST ELEVATION 24" X 36" SCALE 1" = 10' 11" X 17" SCALE 1" = 20'2 (12) PROPOSED AT&T PANEL ANTENNAS AT A 65'-0" CENTERLINE TOP OF PROPOSED AT&T ANTENNAS AT 68'-0" (12) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) ((3) PER SECTOR) (4) PROPOSED AT&T SURGE SUPPRESSOR ((1) PER SECTOR) EXISTING TRANSFORMER EXISTING CHAIN LINK FENCE EXISTING PARKING BUILDING EXISTING BOLLARDS (12) PROPOSED AT&T PANEL ANTENNAS AT A 65'-0" CENTERLINE TOP OF PROPOSED AT&T FRP ENCLOSURE BOX AT A 68'-0" (12) PROPOSED AT&T REMOTE RADIO HEADS (RRHV) ((3) PER SECTOR) (4) PROPOSED AT&T SURGE SUPPRESSOR ((1) PER SECTOR) PROPOSED AT&T FRP ENCLOSURE BOX PROPOSED AT&T ANTENNA SECTOR C PROPOSED AT&T ANTENNA SECTOR B PROPOSED AT&T ANTENNA SECTOR D EXISTING PARKING BUILDING PROPOSED AT&T FRP ENCLOSURE BOX PROPOSED AT&T ANTENNA SECTOR A PROPOSED AT&T ANTENNA SECTOR C PROPOSED AT&T ANTENNA SECTOR D PROPOSED AT&T ANTENNA SECTOR B EXISTING UTILITY POLE AND PROPOSED AT&T POWER AND FIBER SOURCE EXISTING UTILITY POLE AND PROPOSED AT&T POWER AND FIBER SOURCE 6' - 6 " 8'-0" EXISTING FLOOR AT A 45'-0" (4) PROPOSED AT&T PANEL ANTENNAS AT A 68'-6" CENTERLINE EXISTING FLOOR AT A 50'-0" PROPOSED AT&T EQUIPMENT AREA ON 3RD FLOOR TOP OF PARAPET AT A 55'-0" TOP OF PROPOSED AT&T FRP ENCLOSURE BOX AT A 71'-6" EXISTING FLOOR AT A 5'-0" TOP OF PARAPET AT A 55'-0" 6' - 6 " 8'-0" (4) PROPOSED AT&T PANEL ANTENNAS AT A 68'-6" CENTERLINE TOP OF PROPOSED AT&T FRP ENCLOSURE BOX AT A 71'-6" EXISTING ROOF DECK AT A 60'-0" TOP OF ROOF DECK AT A 60'-0" TOP OF WALL AT A 60'-0" TOP OF ROOF DECK AT A 65'-0" TOP OF WALL AT A 60'-0" PROPOSED AT&T ANTENNA SECTOR A TOP OF ROOF DECK AT A 65'-0" PROPOSED AT&T GPS ANTENNA PROPOSED AT&T GPS ANTENNA PAINT AND TEXTURE TO MATCH BRICK PAINT AND TEXTURE TO MATCH STUCCO PAINT AND TEXTURE TO MATCH STUCCO PAINT AND TEXTURE TO MATCH BRICK NOTE: PAINT CORNICE TO MATCH EXISTING CORNICE BUILDING NOTE: PAINT CORNICE TO MATCH EXISTING CORNICE BUILDING 19 4 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 EQUIPMENT DETAILS NONE SCALE:1 PANEL ANTENNAREMOTE RADIO HEAD (RRH) PANEL ANTENNA NONE SCALE:3NONE SCALE:6NONE SCALE:9 NONE SCALE:7NONE SCALE:10 NETSURE 512 DC POWER PLANT NONE SCALE:5NONE SCALE:8 NONE SCALE:4 NONE SCALE:11 NONE SCALE:12 REMOTE RADIO HEAD (RRH) BATTERY CABINET DETAILPURCELL CABINET DETAIL PANEL ANTENNA MANUFACTURER:ERICSSON MODEL:AIR6449 B77D SIZE (H x W x D):30.6" x 15.9" x 10.6" WEIGHT: 88 LBS TOP VIEW FRONT VIEWSIDE VIEW 15.9" 28 . 1 " 4.6"10.6" 30 . 6 " ERICSSON AIR 6449 B77D/C-BAND SECTOR ANTENNA ERICSSON ANTENNA MOUNT MODEL# SXK 109 2065/1 TOP VIEW FRONT VIEWSIDE VIEW MANUFACTURER:ERICSSON MODEL:RRUS-4478 B14 SIZE (H x W x D):18.10" x 13.40" x 8.26" WEIGHT: 59.4 LBS 13.40" 18 . 1 0 " 8.26" REMOTE RADIO HEAD (RRH) MANUFACTURER:ERICSSON MODEL:AIR6419 B77G SIZE (H x W x D):31.1" x 16.1" x 7.3" WEIGHT: 55.4 LBS TOP VIEW FRONT VIEWSIDE VIEW 16.1" a3 1 . 1 " 4.6"7.3" 7. 3 " ERICSSON AIR 6419 B77G/C-BAND SECTOR ANTENNA ERICSSON ANTENNA MOUNT MODEL# SXK 109 2065/1 MANUFACTURER:ERICSSON MODEL:RRUS-8843 B2/B66 SIZE (H x W x D):14.96" x 13.19" x 10.91" WEIGHT: 75 LBS TOP VIEW FRONT VIEWSIDE VIEW 13.19" 14 . 9 6 " MANUFACTURER:ERICSSON MODEL:RRUS-4449 B5/B12 SIZE (H x W x D):17.9" x 13.19" x 9.44" WEIGHT: 71 LBS TOP VIEW FRONT VIEWSIDE VIEW 13.19" 17 . 9 " 14 . 9 6 " 9.44" MANUFACTURER:EMERSON MODEL:NETEXTEND FLEX BATTERY ENCLOSURE SIZE (H x W x D):74.1" x 36" x 36.8" WEIGHT: 2,944 LBS TOP VIEW RIGHT SIDE VIEWFRONT VIEW 36.0" 72 . 1 " 74 . 1 " 36.0" 31.9"4.0"0.9" MANUFACTURER:EMERSON MODEL:NETSURE 512 DC POWER SYSTEM SIZE (H x W x D):72.1" x 31.8" x 39" WEIGHT: 2,348 LBS TOP VIEW RIGHT SIDE VIEWFRONT VIEW 31.8" 72 . 1 " 39.0"3.0" MANUFACTURER:PURCELL CABINET MODEL:FLEX SURE #FLX21-2520 SIZE (H x W x D):39.7" x 25.3" x 30" WEIGHT: 700 LBS TOP VIEW SIDE VIEWFRONT VIEW 30.0" 39 . 7 " 25.3" NONE SCALE:2 FRONT VIEW TOP VIEW 7. 0 " 17.9" SIDE VIEW 71 . 9 7 " MANUFACTURER:CCOMMSCOPE MODEL:NNHH-45B-R4 SIZE (H x W x D):71.97" x 17.9" x 7.0" WEIGHT: 79.1 LBS 1/2" X 2-1/2" X 4-1/2" X 2" U-BOLT (HDG.) 3 x2 CROSS OVER PLATE 3 4 5 6 PART NO. 1/2" HDG USS FLATWASHER 1/2" HDG LOCKWASHER 1/2'' HDG HEAVY 2H HEX NUT SCX4 G12FW G12LW G12NUT G12R-8 X-UB1212 1/2" x 8" THREADED ROD (HDG.) MANUFACTURER: VALMONT PART NO.: BBPM-K1 WEIGHT: 17.87 LBS 1 2 3 4 5 642 1 x2 x2 x2 x2 x2 ITEM DESCRIPTION 1 2 NEW 3-1/2" O.D. TO 4-1/2" O.D. STANDOFF ARM NEW 2-3/8" O.D. PIPE MOUNT (ORDERED SEPARATELY) OPTIONAL 2-3/8" O.D. PIPE (ORDERED SEPARATELY) CROSS-ARM ATTACHMENT MANUFACTURER:ERICSSON MODEL:DC9 SURGE SUPPRESOR SYSTEM SIZE (H x W x D):18.9" x 14.6" x 8.2" WEIGHT: 34.9 LBS TOP VIEW RIGHT SIDE VIEWFRONT VIEW 14.6" 8. 2 " 18 . 9 " 16 . 6 " 15.9" 14.6" 8.2" 9.5" DC9 SURGE SUPRESSOR MANUFACTURER SUPPLIED POLE MOUNTING BRACKET PROPOSED SURGE SUPPRESSOR 9 - NEW MOUNTING PIPE (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) DC9 SURGE SUPRESSOR ATTACHMENT 19 5 8" 8" (4) 3/8"‘ GALV HILTI KWIK BOLT TZ WITH 2-3/4" MIN EMBEDMENT ESR-1385 PL (1) 1/2"x10"x10" (GALV) GROUT (IF REQ'D) 1/4 6" DIA STD PAINTED GALV STEEL PIPE FILLED WITH CONCRETE CEMENT CAP (CONVEX SHAPED) CONCRETE PAVING 3' - 6 " CL LC NOTE: ALL CONCRETE PENETRATIONS TO BE X-RAYED PRIOR TO PENETRATION UNISTRUT P1000T, TYP. OF (3) TS 4x4x1/4" POST, TYP. OF (2) SUPPORT POST TO PLATFORM (SEE DETAIL BELOW) 1/2"‘ THRU BOLT, TYP. T.B.D. T. B . D . 1" CROWN VERIFY W/ METER MFR. T. B . D . 1/4" THK. STEEL CAP (TYP.) MTL. PLATFORM GRATING H-FRAME SUPPORT (4x4) 1/2" 4" (2) 1/2" THRU- BULT BOTH SIDES (3) 1/2" THRU-BOLTS, TYP @ EA SUPPORT 6x8x1/4" MTL. ANGLE BOTH SIDES MTL. STRUCTURAL BEAM PER ENGINEERING DETAIL @ H-FRAME SUPPORT POST GROUND COAX TO BUS BAR AT WAVEGUIDE ENTRY PORT MOUNTING BRACKET PLATE 1/2"‘ U-BOLT (TYP.) STANDARD 1-1/4" PIPE GPS ANTENNA 2" ‘ PIPE FOR EQUIPMENT ATTACHMENT SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 EQUIPMENT DETAILS NONE SCALE:1 NONE SCALE:2NONE SCALE:5NONE SCALE:8 NONE SCALE:6NONE SCALE:9 H-FRAME TO PLATFORM CABLE TRAY DETAIL NONE SCALE:4NONE SCALE:7 NONE SCALE:3 NONE SCALE:10 NONE SCALE:11 NOT USED GPS ANTENNA ANTENNA ATTACHMENT PIPE MOUNT, PER PLAN (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) (ORDERED SEPARATELY) COAX CABLE AND JUMPER (TYP.) SEE COAX CABLE SCHEDULE. NEW ANTENNA ANTENNA MANUFACTURER SUPPLIED MOUNT (PER MANUFACTURER) ANTENNA MANUFACTURER SUPPLIED BRACKET (PER MANUFACTURER) NOTE: ANTENNA ATTACHMENT SHOWN FOR DIAGRAMMATIC PURPOSES ONLY. SEE MANUFACTURER SPECIFICATIONS. 3 D-1 ANTENNA ATTACHMENT PIPE MOUNT, PER PLAN (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) (ORDERED SEPARATELY) NEW ANTENNA ANTENNA MANUFACTURER SUPPLIED MOUNT (PER MANUFACTURER) ANTENNA MANUFACTURER SUPPLIED BRACKET (PER MANUFACTURER) NOTE: ANTENNA ATTACHMENT SHOWN FOR DIAGRAMMATIC PURPOSES ONLY. SEE MANUFACTURER SPECIFICATIONS. 2 D-1 COAX CABLE AND JUMPER (TYP.) SEE CABLE CABLE SCHEDULE. 1 D-1 RRH ATTACHMENT MANUFACTURER SUPPLIED POLE MOUNTING BRACKET NEW MOUNTING PIPE (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) PROPOSED RRH 4 D-1 5 D-1 6 D-1 EQUIPMENT PLATFORM ANCHORAGE (4) 1/2"‘ MB (2 EACH SIDE) PROPOSED PLATFORM EQUIPMENT CABINET PROPOSED W-BEAMS PROPOSED W-BEAMS (2) TOTAL ANCHORS PER STRUT CHANNEL AS FOLLOWS: CONCRETE ANCHORAGE: ·USE 3/8" HILTI KWIK BOLT TZ STAINLESS STEEL ANCHORS 2" EMBEDMENT MIN. ESR #1917 MASONRY WALL ANCHORAGE: ·AT SOLID GROUT WALL USE HILTI KWIK BOLT 3 ESR #1385. USE 3/8"‘ ANCHOR BOLT WITH A 2-1/2" EMBEDMENT DEPTH. INSTALL MIN. 12" FROM EDGE OF WALL ·AT HOLLOW CORE USE 3/8"‘ SIMPSON STRONG-TIE 3" MIN. EMBEDMENT SET ADHESIVE ESR #1772 WOOD STUD ANCHORAGE: ·USE 3/8" X 3" LAG BOLTS METAL STUD ANCHORAGE: ·USE #12 X 3" SHEET METAL SCREWS CONTRACTOR TO FIELD VERIFY EXISTING WALL PROPOSED UNISTRUT P1000 OR EQUAL LENGTH AS REQUIRED (36" MAX.) (CLAMPS AS REQUIRED FOR ATTACHMENT) SHELTER WALL COLD GALVANIZE CUT ENDS OF UNISTRUT SIDE VIEW SECTION A-A A-A - STRUT CHANNEL TO WALLNOT USED MANUFACTURER:RAYCAP MODEL:DC50-48-60-96-50F SIZE (H x W x D):60.0" x 40.0" x 9.0" WEIGHT: --- LBS AT&T TOP VIEW SIDE VIEWFRONT VIEW 40.0" 60 . 0 " 9. 0 " DC50 SURGE SUPPRESSOR 4" P E R P L A N NOTE: 1.CABLE TRAYS SHALL BE FREE OF SHARP OBJECTS AND BURRS WHICH COULD INJURE CABLES. COVERS SHALL BE FASTENED USING HOLD DOWN CLIPS. SHEET METAL SCREWS ARE NOT ACCEPTABLE. HOLD DOWN CLAMP FLANGED CABLE TRAY COVER WITH HEAVY DUTY COVER CLAMPS STANDARD ALUMINUM CABLE TRAY 9", RUNGS, 4" LOADING DEPTH. SUPPORT CABLES WITH TIE-WRAPS EVERY 4'-0" MOUNT TRAY TO UNISTRUT WITH 1/2"x1 1/2" LONG GALVANIZED BOLTS, SPRING NUTS P1010 & WASHERS UNISTRUT P1000T, TYP. LENGTH AS REQ'D (36" MAX.) CONNECTED W/ A CENTERED HILTI ANCHOR (36" APART MAX.) NOTES: 1.LIMITED SPACE UNDER THE GRATING MAKES IT IMPRACTICAL FOR CONDUITS. THE AREA WILL BE ENCLOSED, ALLOWING CONDUITS TO RUN ALONG THE WALLS OR CEILING. 19 6 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 ELECTRICAL NOTES ELECTRICAL INSTALLATION METHODS:ELECTRICAL NOTES GENERAL REQUIREMENTS: PRODUCTS: INSTALLATION: PROJECT CLOSEOUT: EQUIPMENT LOCATION: SUBSTITUTIONS: TESTS: PERMITS: GROUNDING: UTILITY SERVICE: 1.THIS INSTALLATION SHALL COMPLY WITH THE CURRENTLY ADOPTED EDITION OF THE NATIONAL ELECTRICAL CODE AND WITH UTILITY COMPANY AND LOCAL CODE REQUIREMENTS. 2.INSTALL SUFFICIENT LENGTHS OF LFMC INCLUDING ALL CONDUIT FITTINGS (NUTS, REDUCING BUSHINGS, ELBOWS, COUPLINGS, ETC) NECESSARY FOR CONNECTION FROM IMC OR PVC CONDUIT TO THE INTERIOR OF THE BTS CABINET. 3.POWER, CONTROL AND EQUIPMENT GROUND WIRING IN TUBING OR CONDUIT SHALL BE SINGLE CONDUCTOR (#14 AWG AND LARGER), 600V, OIL RESISTANT THHN OR THWN-2, CLASS B STRANDED COPPER CABLE RATED FOR 90°C (WET AND DRY) OPERATION LISTED OR LABELED FOR THE LOCATION AND RACEWAY SYSTEM USED. 4.CUT, COIL AND TAPE A 3 FOOT PIGTAIL FROM END OF LFMC FOR TERMINATING BY BTS EQUIPMENT MANUFACTURER. 5.SUPPLEMENTAL EQUIPMENT GROUND WIRING LOCATED INDOORS SHALL BE SINGLE CONDUCTOR (#6 AWG AND LARGER), 600V, OIL RESISTANT THHN OR THWN-2 GREEN INSULATION, CLASS B STRANDED COPPER CABLE RATED FOR 90°C (WET AND DRY) OPERATION, LISTED OR LABELED FOR THE LOCATION AND RACEWAY SYSTEM USED. 6.SUPPLEMENTAL EQUIPMENT GROUND WIRING LOCATED OUTDOORS OR BELOW GRADE SHALL BE SINGLE CONDUCTOR #2 AWG SOLID, TINNED, COPPER CABLE. 7.POWER AND CONTROL WIRING, NOT IN TUBING OR CONDUIT, SHALL BE MULTI-CONDUCTOR, TYPE TC. CABLE (#14 AWG AND LARGER), 600V, OIL RESISTANT THHN OR THWN-2, CLASS B, STRANDED COPPER CABLE RATED FOR 90°C (WET OR DRY) OPERATION, WITH OUTER JACKET LISTED OR LABELED FOR THE LOCATION USED. 8.CABLES SHALL NOT BE ROUTED THROUGH LADDER-STYLE CABLE TRAY RUNGS. 9.RACEWAY AND CABLE TRAY SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCORDANCE WITH NEMA, UL, ANSI/IEEE AND NEC. 10.(N) RACEWAY OR CABLE TRAY SHALL MATCH THE EXISTING INSTALLATION WHERE POSSIBLE. 11.ALL POWER AND GROUNDING CONNECTIONS SHALL BE CRIMP STYLE, COMPRESSION, WIRE LUGS AND WIRENUTS BY THOMAS AND BETTS (OR EQUAL). LUGS AND WIRENUTS SHALL BE RATED FOR OPERATION AT NO LESS THAN 75°C. 12.EACH END OF EVERY POWER, GROUNDING AND T1 CONDUCTOR AND CABLE SHALL BE LABELED WITH COLOR CODED INSULATION OR ELECTRICAL TAPE. THE IDENTIFICATION METHOD SHALL CONFORM WITH NEC & OSHA AND MATCH EXISTING INSTALLATION REQUIREMENTS. 13.ALL ELECTRICAL COMPONENTS SHALL BE CLEARLY LABELED WITH ENGRAVED LAMINATED PLASTIC LABELS. ALL EQUIPMENT SHALL BE LABELED WITH THEIR VOLTAGE RATING, PHASE CONFIGURATION, WIRE CONFIGURATION, POWER OR AMPACITY RATING AND BRANCH CIRCUIT ID NUMBERS (PANELBOARD AND CIRCUIT IDENTIFICATION). 14.ALL TIE WRAPS SHALL BE CUT FLUSH WITH APPROVED CUTTING TOOL TO REMOVE SHARP EDGES. 15.RIGID NONMETALLIC CONDUIT (PVC SCHEDULE 40 OR PVC SCHEDULE 80) SHALL BE USED UNDERGROUND, DIRECT BURIED IN AREAS OF OCCASIONAL LIGHT VEHICLE TRAFFIC OR ENCASED IN REINFORCED CONCRETE IN AREAS OF HEAVY VEHICLE TRAFFIC. 16.ALL CONDUIT RUN ABOVE GROUND OR EXPOSED SHALL BE LFMC, IMC OR RIGID STEEL. 17.ELECTRICAL METALLIC TUBING (EMT) SHALL BE USED FOR CONCEALED INDOOR LOCATIONS. 18.LIQUID TIGHT FLEXIBLE METALLIC CONDUIT SHALL BE USED INDOORS AND OUTDOORS WHERE VIBRATION OCCURS OR FLEXIBILITY IS NEEDED. 19.CONDUIT AND TUBING FITTINGS SHALL BE THREADED OR COMPRESSION TYPE AND APPROVED FOR THE LOCATION USED. SETSCREW FITTINGS ARE NOT ACCEPTABLE. 20.CABINETS, BOXES AND WIREWAYS SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCORDANCE WITH NEMA, UL, ANSI/IEEE AND NEC. 21.CABINETS, BOXES AND WIREWAYS SHALL MATCH THE EXISTING INSTALLATION WHERE POSSIBLE. 22.PROVIDE NECESSARY TAGGING ON THE BREAKERS, CABLES AND DISTRIBUTION PANELS IN ACCORDANCE WITH APPLICABLE CODES AND STANDARDS TO SAFEGUARD LIFE AND PROPERTY. 23.THE SUBCONTRACTOR SHALL REVIEW AND INSPECT THE EXISTING FACILITY GROUNDING SYSTEM AND LIGHTNING PROTECTION SYSTEM (AS DESIGNED AND INSTALLED) FOR STRICT COMPLIANCE WITH THE NEC. THE SITE SPECIFIC LIGHTNING PROTECTION CODE AND GENERAL COMPLIANCE WITH TELCORDIA AND TIA GROUNDING STANDARDS. THE SUBCONTRACTOR SHALL REPORT ANY VIOLATIONS OR ADVERSE FINDINGS TO THE CONTRACTOR FOR RESOLUTION. 24.ALL ELECTRODE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO, LIGHTNING PROTECTION AND AC POWER GES'S) SHALL BE BONDED TOGETHER AT OR BELOW GRADE BY TWO OR MORE COPPER BONDING CONDUCTORS IN ACCORDANCE WITH THE NEC. 25.PERFORM IEEE FALL-OF-POTENTIAL RESISTANCE TO EARTH TESTING (PER IEEE 1100 AND 81) FOR (N) GROUND ELECTRODE SYSTEMS. THE SUBCONTRACTOR SHALL FURNISH AND INSTALL SUPPLEMENTAL GROUND ELECTRODES AS NEEDED TO ACHIEVE A TEST RESULT OF 5 OHMS OR LESS. 26.METAL RACEWAY SHALL NOT BE USED AS THE NEC REQUIRED EQUIPMENT GROUND CONDUCTOR. STRANDED COPPER CONDUCTORS WITH GREEN INSULATION SIZED IN ACCORDANCE WITH THE NEC SHALL BE FURNISHED AND INSTALLED WITH THE POWER CIRCUITS TO BTS EQUIPMENT. 27.EACH INDOOR BTS CABINET FRAME SHALL BE DIRECTLY CONNECTED TO THE MASTER GROUND BAR WITH SUPPLEMENTAL EQUIPMENT GROUND WIRES #6 OR LARGER. 28.EXOTHERMIC WELDS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRADE. 29.APPROVED ANTIOXIDANT COATINGS (I.E. CONDUCTIVE GEL OR PASTE) SHALL BE USED ON ALL COMPRESSION AND BOLTED GROUND CONNECTIONS. 30.ICE BRIDGE BONDING CONDUCTORS SHALL BE EXOTHERMICALLY BONDED OR BOLTED TO THE BRIDGE AND THE TOWER GROUND BAR. 31.SURFACES TO BE CONNECTED TO GROUND CONDUCTORS SHALL BE CLEANED TO A BRIGHT SURFACE AT ALL CONNECTIONS. 32.EXPOSED GROUND CONNECTIONS SHALL BE MADE WITH COMPRESSION CONNECTORS WHICH ARE THEN BOLTED TO EQUIPMENT USING STAINLESS STEEL HARDWARE. INSTALLATION TORQUE SHALL BE PER MANUFACTURER'S REQUIREMENTS. 33.DC POWER CABLES SHALL BE COBRA COP-FLEX 2000, FLEXIBLE CLASS B OR APPROVED EQUAL. 1.ALL WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE LATEST RULES AND REGULATIONS OF THE NATIONAL ELECTRICAL CODE AND ALL STATE AND LOCAL CODES. NOTHING IN THESE PLANS OR SPECIFICATIONS SHALL BE CONSTRUED AS TO PERMIT WORK NOT CONFORMING TO THE MOST STRINGENT OF THESE CODES. SHOULD CHANGES BE NECESSARY IN THE DRAWINGS OR SPECIFICATIONS TO MAKE THE WORK COMPLY WITH THESE REQUIREMENTS, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING AND CEASE WORK ON PARTS OF THE CONTRACT WHICH ARE AFFECTED. 2.THE CONTRACTOR SHALL MAKE A SITE VISIT PRIOR TO BIDDING AND CONSTRUCTION TO VERIFY ALL EXISTING CONDITIONS AND SHALL NOTIFY ARCHITECT IMMEDIATELY UPON DISCOVERY OF ANY DISCREPANCIES. THE CONTRACTOR ASSUMES ALL LIABILITY FOR FAILURE TO COMPLY WITH THIS PROVISION. 3.THE EXTENT OF THE WORK IS INDICATED BY THE DRAWINGS, SCHEDULES, AND SPECIFICATIONS AND IS SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT. THE WORK SHALL CONSIST OF FURNISHING ALL LABOR, EQUIPMENT, MATERIALS, AND SUPPLIES NECESSARY FOR A COMPLETE AND OPERATIONAL ELECTRICAL SYSTEM. THE WORK SHALL ALSO INCLUDE THE COMPLETION OF ALL ELECTRICAL WORK NOT MENTIONED OR SHOWN WHICH IS NECESSARY FOR SUCCESSFUL OPERATION OF ALL SYSTEMS. 4.THE CONTRACTOR SHALL PREPARE A BID FOR A COMPLETE AND OPERATIONAL SYSTEM, WHICH INCLUDES THE COST FOR MATERIAL AND LABOR. 5.WORKMANSHIP AND NEAT APPEARANCE SHALL BE AS IMPORTANT AS THE OPERATION. DEFECTIVE OR DAMAGED MATERIALS SHALL BE REPLACED OR REPAIRED PRIOR TO FINAL ACCEPTANCE IN A MANNER ACCEPTABLE TO OWNER AND ENGINEER. 6.COMPLETE THE ENTIRE INSTALLATION AS SOON AS THE PROGRESS OF THE WORK WILL PERMIT. ARRANGE ANY OUTAGE OF SERVICE WITH THE OWNER AND BUILDING MANAGER IN ADVANCE. MINIMIZE DOWNTIME ON THE BUILDING ELECTRICAL SYSTEM. 7.THE ENTIRE ELECTRICAL SYSTEM INSTALLED UNDER THIS CONTRACT SHALL BE DELIVERED IN PROPER WORKING ORDER. REPLACE, WITHOUT ADDITIONAL COST TO THE OWNER, ANY DEFECTIVE MATERIAL AND EQUIPMENT WITHIN ONE YEAR FROM THE DATE OF FINAL ACCEPTANCE. 8.ANY ERROR, OMISSION OR DESIGN DISCREPANCY ON THE DRAWINGS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER FOR CLARIFICATION OR CORRECTION BEFORE CONSTRUCTION. 9."PROVIDE" INDICATES THAT ALL ITEMS ARE TO BE FURNISHED, INSTALLED AND CONNECTED IN PLACE. 10.CONTRACTOR SHALL SECURE ALL NECESSARY BUILDING PERMITS AND PAY ALL REQUIRED FEES 1.THE DRAWINGS INDICATE DIAGRAMMATICALLY THE DESIRED LOCATIONS OR ARRANGEMENTS OF CONDUIT RUNS, OUTLETS, EQUIPMENT, ETC., AND ARE TO BE FOLLOWED AS CLOSELY AS POSSIBLE. PROPER JUDGEMENT MUST BE EXERCISED IN EXECUTING THE WORK SO AS TO SECURE THE BEST POSSIBLE INSTALLATION IN THE AVAILABLE SPACE LIMITATIONS OR INTERFERENCE OF STRUCTURE CONDITIONS ENCOUNTERED. 2.IN THE EVENT CHANGES IN THE INDICATED LOCATIONS OR ARRANGEMENTS ARE NECESSARY, DUE TO FIELD CONDITIONS IN THE BUILDING CONSTRUCTION OR REARRANGEMENT OF FURNISHINGS OR EQUIPMENT, SUCH CHANGES SHALL BE MADE WITHOUT COST, PROVIDING THE CHANGE IS ORDERED BEFORE THE CONDUIT RUNS, ETC., AND WORK DIRECTLY CONNECTED TO THE SAME IS INSTALLED AND NO EXTRA MATERIALS ARE REQUIRED. 3.LIGHTING FIXTURES ARE SHOWN IN THEIR APPROXIMATE LOCATIONS ONLY. COORDINATE THE FIXTURE LOCATION WITH MECHANICAL EQUIPMENT TO AVOID INTERFERENCE. 4.COORDINATE THE WORK OF THIS SECTION WITH THAT OF ALL OTHER TRADES, WHERE CONFLICTS OCCUR, CONSULT WITH THE RESPECTIVE CONTRACTOR AND COME TO AGREEMENT AS TO CHANGES NECESSARY, OBTAIN WRITTEN ACCEPTANCE FROM ENGINEER FOR THE PROPOSED CHANGES BEFORE PROCEEDING. 1.N/A UNLESS NOTED OTHERWISE. SHOP DRAWINGS: 1.NO SUBSTITUTIONS ARE ALLOWED 1.BEFORE FINAL ACCEPTANCE OF WORK, THE CONTRACTOR SHALL INSURE THAT ALL EQUIPMENT, SYSTEMS, FIXTURES, ETC., ARE WORKING SATISFACTORILY AND TO THE INTENT OF THE DRAWINGS. 1.THE CONTRACTOR SHALL BE RESPONSIBLE FOR TAKING OUT AND PAYING FOR ALL REQUIRED PERMITS, INSPECTION AND EXAMINATION WITHOUT ADDITIONAL EXPENSE TO THE OWNER. 1.THE CONTRACTOR SHALL PROVIDE A COMPLETE, AND APPROVED GROUNDING SYSTEM INCLUDING ELECTRODES, ELECTRODE CONDUCTOR, BONDING CONDUCTORS, AND EQUIPMENT CONDUCTORS AS REQUIRED BY ARTICLE 250 OF THE NATIONAL ELECTRICAL CODE. 2.CONDUITS CONNECTED TO EQUIPMENT AND DEVICES SHALL BE METALLICALLY JOINED TOGETHER TO PROVIDE EFFECTIVE ELECTRICAL CONTINUITY. 3.FEEDERS AND BRANCH CIRCUIT WIRING INSTALLED IN A NONMETALLIC CONDUIT SHALL INCLUDE A CODE SIZED GROUNDING CONDUCTOR HAVING GREEN INSULATION. THE GROUND CONDUCTOR SHALL BE PROPERLY CONNECTED AT BOTH ENDS TO MAINTAIN ELECTRICAL CONTINUITY. 4.REFER TO GROUND BUS DETAILS. PROVIDE (N) GROUND SYSTEM COMPLETE WITH CONDUCTORS, GROUND ROD AND DESCRIBED TERMINATIONS. 5.ALL GROUNDING CONDUCTORS SHALL BE SOLID TINNED COPPER AND ANNEALED #2 UNLESS NOTED OTHERWISE. 6.ALL NON-DIRECT BURIED TELEPHONE EQUIPMENT GROUND CONDUCTORS SHALL BE #2 STRANDED THHN (GREEN) INSULATION. 7.ALL GROUND CONNECTIONS SHALL BE MADE WITH "HYGROUND" COMPRESSION SYSTEM BURNDY CONNECTORS EXCEPT WHERE NOTED OTHERWISE. 8.PAINT AT ALL GROUND CONNECTIONS SHALL BE REMOVED. 9.GROUNDING SYSTEM RESISTANCE SHALL NOT EXCEED 5 OHMS. IF THE RESISTANCE VALUE IS EXCEEDED, NOTIFY THE OWNER FOR FUTURE INSTRUCTION ON METHODS FOR REDUCING THE RESISTANCE VALUE. SUBMIT TEST REPORTS AND FURNISH TO SMART SMR ONE COMPLETE SET OF PRINTS SHOWING "INSTALLED WORK". 1.TELEPHONE AND ELECTRICAL METERING FACILITIES SHALL CONFORM TO THE REQUIREMENTS OF THE SERVING UTILITY COMPANIES. CONTRACTOR SHALL VERIFY SERVICE LOCATIONS AND REQUIREMENTS. SERVICE INFORMATION WILL BE FURNISHED BY THE SERVING UTILITIES. 2.CONFORM TO ALL REQUIREMENTS OF THE SERVING UTILITY COMPANIES. 1.ALL MATERIALS SHALL BE (N), CONFORMING WITH NEC, ANSI, NEMA, AND THEY SHALL BE U.L. LISTED AND LABELED. 2.CONDUIT: A.RIGID CONDUIT SHALL BE U.L. LABEL GALVANIZED ZINC COATED WITH ZINC INTERIOR AND SHALL BE USED WHEN INSTALLED IN OR UNDER CONCRETE SLABS, IN CONTACT WITH THE EARTH, UNDER PUBLIC ROADWAYS, IN MASONRY WALLS OR EXPOSED ON BUILDING EXTERIOR, RIGID CONDUIT IN CONTACT WITH EARTH SHALL BE 1/2 LAPPED WRAPPED WITH HUNTS WRAP PROCESS NO. 3. B.ELECTRICAL METALLIC TUBING SHALL U.L. LABEL, FITTINGS SHALL BE COMPRESSION TYPE. EMT SHALL BE USED ONLY FOR INTERIOR RUNS. C.FLEXIBLE METALLIC CONDUIT SHALL HAVE U.L. LISTED LABEL AND MAY BE USED WHERE PERMITTED BY CODE. FITTINGS SHALL BE "JAKE" OR "SQUEEZE" TYPE. SEAL TIGHT FLEXIBLE CONDUIT. ALL CONDUIT EXCESS OF SIX FEET IN LENGTH SHALL HAVE FULL SIZE GROUND WIRE. D.CONDUIT RUNS MAY BE SURFACE MOUNTED IN CEILING OR WALLS UNLESS INDICATED OTHERWISE. CONDUIT INDICATED SHALL RUN PARALLEL OR AT RIGHT ANGLES TO CEILING, FLOOR OR BEAMS. VERIFY EXACT ROUTING OF ALL EXPOSED CONDUIT WITH ARCHITECT PRIOR TO INSTALLING. E.ALL UNDERGROUND CONDUITS SHALL BE PVC SCHEDULE 40 (UNLESS NOTED OTHERWISE) AT A MINIMUM DEPTH OF 24" BELOW GRADE F.ALL CONDUIT ONLY (C.O.) SHALL HAVE PULL ROPE. G.CONDUITS RUN ON ROOFS SHALL BE INSTALLED ON 4x4 REDWOOD SLEEPERS, 6'-0" ON CENTER, SET IN NON-HARDENING MASTIC. 3.ALL WIRE AND CABLE SHALL BE COPPER, 600 VOLT, #12 AWG MINIMUM UNLESS SPECIFICALLY NOTED OTHERWISE ON THE DRAWINGS. CONDUCTORS #10 AWG AND SMALLER SHALL BE SOLID. CONDUCTORS #8 AWG AND LARGER SHALL BE STRANDED. TYPE THHN INSULATION USED UNLESS CONDUCTORS INSTALLED IN CONDUIT EXPOSED TO WEATHER, IN WHICH CASE TYPE THWN INSULATION SHALL BE USED. 4.PROVIDE GALVANIZED COATED STEEL BOXES AND ACCESSORIES SIZED PER CODE TO ACCOMMODATE ALL DEVICES AND WIRING. 5.DUPLEX RECEPTACLES SHALL BE SPECIFICATION GRADE WITH WHITE FINISH (UNLESS NOTED BY ENGINEER), 20 AMP, 125 VOLT, THREE WIRE GROUNDING TYPE, NEMA 5-20R. MOUNT RECEPTACLE AT 12" ABOVE FINISHED FLOOR UNLESS OTHERWISE INDICATED ON DRAWINGS OR IN DETAILS. WEATHERPROOF RECEPTACLES SHALL BE GROUND FAULT INTERRUPTER TYPE WITH SIERRA #WPD-8 LIFT COVERPLATES. 6.TOGGLE SWITCHES SHALL BE 20 AMP, 120 VOLT AC, SPECIFICATION GRADE WHITE (UNLESS NOTED OTHERWISE) FINISH. MOUNT SWITCHES AT 48" ABOVE FINISHED FLOOR. 7.PANELBOARDS SHALL BE DEAD FRONT SAFETY TYPE WITH ANTI-BURN SOLDERLESS COMPRESSION APPROVED FOR COPPER CONDUCTORS, COPPER BUS BARS, FULL SIZED NEUTRAL BUS, GROUND BUS AND EQUIPPED WITH QUICK-MAKE QUICK-BREAK BOLT-IN TYPE THERMAL MAGNETIC CIRCUIT BREAKERS. MOUNT TOP OF THE PANELBOARDS AT 6'-3" ABOVE FINISHED FLOOR. PROVIDE TYPE WRITTEN CIRCUIT DIRECTORY. 8.ALL CIRCUIT BREAKERS, MAGNETIC STARTERS AND OTHER ELECTRICAL EQUIPMENT SHALL HAVE AN INTERRUPTING RATING NOT LESS THAN MAXIMUM SHORT CIRCUIT CURRENT TO WHICH THEY MAY BE SUBJECTED. 9.GROUND RODS SHALL BE COPPER CLAD STEEL, 5/8" ROUND AND 10' LONG. COPPERWELD OR APPROVED EQUAL. 1.PROVIDE SUPPORTING DEVICES FOR ALL ELECTRICAL EQUIPMENT, FIXTURES, BOXES, PANEL, ETC., SUPPORT LUMINARIES FROM UNDERSIDE OF STRUCTURAL CEILING, EQUIPMENT SHALL BE BRACED TO WITHSTAND HORIZONTAL FORCES IN ACCORDANCE WITH STATE AND LOCAL CODE REQUIREMENTS. PROVIDE PRIOR ALIGNMENT AND LEVELING OF ALL DEVICES AND FIXTURES. 2.CUTTING, PATCHING, CHASES, OPENINGS: PROVIDE LAYOUT IN ADVANCE TO ELIMINATE UNNECESSARY CUTTING OR DRILLING OF WALLS, FLOORS CEILINGS, AND ROOFS. ANY DAMAGE TO BUILDING STRUCTURE OR EQUIPMENT SHALL BE REPAIRED BY THE CONTRACTOR. OBTAIN PERMISSION FROM THE ENGINEER BEFORE CORING. 3.IN DRILLING HOLES INTO CONCRETE WHETHER FOR FASTENING OR ANCHORING PURPOSES, OR PENETRATIONS THROUGH THE FLOOR FOR CONDUIT RUNS, PIPE RUNS, ETC., IT MUST BE CLEARLY UNDERSTOOD THAT TENDONS AND/OR REINFORCING STEEL WILL NOT BE DRILLED INTO, CUT OR DAMAGED UNDER THE CIRCUMSTANCES. 4.LOCATION OF TENDONS AND/OR REINFORCING STEEL ARE NOT DEFINITELY KNOWN AND THEREFORE, MUST BE SEARCHED FOR BY APPROPRIATE METHODS AND EQUIPMENT VIA X-RAY OR OTHER DEVICES THAT CAN ACCURATELY LOCATE THE REINFORCING AND/OR STEEL TENDONS. 5.PENETRATIONS IN FIRE RATED WALLS SHALL BE FIRE STOPPED IN ACCORDANCE WITH THE REQUIREMENTS OF THE C.B.C. 1.UPON COMPLETION OF WORK, CONDUCT CONTINUITY, SHORT CIRCUIT, AND FALL POTENTIAL GROUNDING TESTS FOR APPROVAL. SUBMIT TEST REPORTS TO PROJECT MANAGER. CLEAN PREMISES OF ALLS DEBRIS RESULTING FROM WORK AND LEAVE WORK IN A COMPLETE AND UNDAMAGED CONDITION. 2.PROVIDE PROJECT MANAGER WITH ONE SET OF COMPLETE ELECTRICAL "AS INSTALLED" DRAWINGS AT THE COMPLETION OF THE JOB, SHOWING ACTUAL DIMENSIONS, ROUTINGS AND CIRCUITS. 3.ALL BROCHURES, OPERATING MANUALS, CATALOG, SHOP DRAWINGS, ETC., SHALL BE TURNED OVER TO OWNER AT JOB COMPLETION. 19 7 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 PANEL SCHEDULE 24" X 36" SCALE 1" = 10' 11" X 17" SCALE 1" = 20'1 1.UTILITY POINTS OF SERVICE AND WORK/MATERIALS SHOWN ARE BASED UPON PRELIMINARY INFORMATION PROVIDED BY THE UTILITY COMPANIES AND ARE FOR BID PURPOSES ONLY. 2.CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY FOR FINAL AND EXACT WORK/MATERIALS REQUIREMENTS AND CONSTRUCT TO UTILITY COMPANY ENGINEERING PLANS AND SPECIFICATIONS ONLY. CONTRACTOR SHALL FURNISH AND INSTALL ALL CONDUIT, PULL ROPES, CABLES, PULL BOXES, CONCRETE ENCASEMENT OF CONDUIT (IF REQUIRED), TRANSFORMER PAD, BARRIERS, POLE RISERS, TRENCHING, BACK FILL, PAY ALL UTILITY COMPANY FEES AND INCLUDE ALL REQUIREMENTS IN SCOPE OF WORK. THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED SHORT CIRCUIT CALCULATIONS AND THE AIC RATINGS INDICATED FOR EACH DEVICE IS ADEQUATE TO PROTECT THE EQUIPMENT AND THE ELECTRICAL SYSTEM. THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED VOLTAGE DROP CALCULATIONS AND ALL BRANCH CIRCUITS AND FEEDERS COMPLY WITH NEC (LISTED ON T1) ARTICLE 210,19(A)(1) FPN NO. 4. ELECTRICAL CERTIFICATES NOTES: 1.ALL WORK TO CONFORM TO N.E.C. LATEST STATE ADOPTED EDITION. 2.LABEL SERVICE DISCONNECT WITH RED TAG 3.ALL GFCI RECEPTACLES TO HAVE A DEDICATED GROUND WIRE. 4.EQUIPMENT TERMINATION LUGS AND CONDUCTORS ARE RATED AT A MINIMUM OF 75°C. 5.CONDUIT REQUIREMENTS -UNDERGROUND PVC (SCH 40 OR 80) -INDOOR: EMT (RGS IN TRAFFIC AREAS) -OUTDOOR (ABOVE GRADE): RGS 6.LIGHTING IS DESIGNED AND INSTALLED BY SHELTER MANUFACTURER ELECTRICAL NOTES SINGLE LINE DIAGRAM UTILITY ROUTINGNONE SCALE:2 NONE SCALE:3 NONE SCALE:4 PROPOSED 2" CONDUIT WITH (3) # 3/0 AWG 1 #4 GND. (a90') PROPOSED AT&T 200A AUTOMATIC TRANSFER SWITCH WITH A 200A DISCONNECT 200A/2P SUB FEED 200A/2P BREAKER AUTO 200A/2P PROPOSED AT&T 200A CAM LOCK BOX (2) PROPOSED 2-1/2" CONDUITS WITH (4) 4/0 AWG CU AND (1) #2 AWG GRND (a2') (TYPE THHW) EACH #4 UFER GROUND PER NEC 250.50 M 200A PROPOSED SUB METER, 120/240V, 2"‘, 200A, 42 KAIC, MOUNTED ON EXISTING SWITCH GEAR CABINET FROM POWER SOURCE PROPOSED AT&T 200A DISTRIBUTION PANEL 120/208V, 1‘ (2) PROPOSED 2" CONDUITS WITH (4) 3/0 AWG CU AND (1) #3 AWG GRND (a2') (TYPE THWN) (IN EACH) LOAD CENTER 120/240V, 1݊, 3W, 200A PROPOSED 2 (1) # 3 AWG GND. (a10') UTILITY ROUTING, PANEL SCHEDULE, SINGLE LINE DIAGRAM & NOTES PROPOSED 2" CONDUIT WITH (3) # 3/0 AWG 1 #4 GND. (a15') ( IN FEET ) GRAPHIC SCALE 010 10 20 405 EXISTING UTILITY POLE AND PROPOSED AT&T FIBER SOURCE EXISTING TRANSFORMER EXISTING TRANSFORMER EXISTING BOLLARD PROPOSED AT&T UNDERGROUND FIBER ROUTE (a70') PROPOSED FIBER ROUTE FROM EXISTING UTILITY ROOM TO PROPOSED AT&T EQUIPMENT AREA ON 3RD FLOOR (a130') PROPOSED AT&T CIENA FIBER CABINET PROPOSED AT&T DISCONNECT SWITCH PROPOSED AT&T ELECTRICAL PANEL 4TH L A N E NO R T H 1 E-3 19 8 PROPOSED BUTTERFLY BOLTED CONDUIT CLAMP (TYP.) PROPOSED CONDUIT PER PLAN (TYP.) PROPOSED UNISTRUT P1000 - LENGTH AS REQ'D (36" MAX.) EXISTING WALL/SLAB (2) TOTAL ANCHORS PER STRUT CHANNEL AS FOLLOWS: CONCRETE ANCHORAGE: ·USE 3/8" ITW RED HEAD TRUBOLT WEDGE STAINLESS STEEL ANCHORS 2" EMBEDMENT MIN. MASONRY WALL ANCHORAGE: ·AT SOLID GROUT WALL USE HILTI KWIK BOLT 3 ESR #1385. USE 3/8"‘ ANCHOR BOLT WITH A 2-1/2" EMBEDMENT DEPTH. INSTALL MIN. 12" FROM EDGE OF WALL WOOD STUD ANCHORAGE: ·USE 3/8" X 3" LAG BOLTS METAL STUD ANCHORAGE: ·USE #12 X 3" SHEET METAL SCREWS CONTRACTOR TO FIELD VERIFY TYPE OF WALL CONDUIT AT CEILING UNISTRUT P1000 (6" MIN. FOR 1 CONDUIT 12" MIN FOR 2 CONDUITS) PROPOSED UNISTRUT P1217 CONDUIT CLAMP EXISTING CONCRETE CEILING (N) CONDUITS, PER PLAN NOTE: TYPICAL INSTALLATION. UTILITY DESIGN TAKES PRECEDENCE. FINISHED GRADE TO EDGE OF WATER TRENCH 36" MIN. EDGE OF TRENCH UNEXCAVATED FIBER TERRA-TAPE (1) 4" FIBER CONDUIT POWER TERRA-TAPE 15 " - 1 8 " 12" 36 " M I N . 30 " M I N . 18" MIN. BACKFILL AS REQUIRED BY LOCAL CODES IF IN PUBLIC RIGHT-OF-WAY. NATURAL GROUND SHALL CONTAIN ROCKS NO LARGER THAN 3" APPROVED SAND 3" BELOW 8" ABOVE CONDUIT COMPACTED TO 90% RELATIVE DENSITY POWER CONDUIT- SIZE VARIES (SEE SINGLE LINE) SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 ELECTRICAL DETAILS 1SCALE: NONE 2SCALE: NONE 3SCALE: NONE 4SCALE: NONE 5SCALE: NONE 6SCALE: NONE 7SCALE: NONE 8SCALE: NONE 9SCALE: NONE 10SCALE: NONE 11SCALE: NONE 12SCALE: NONE CONDUIT ON STRUT CHANNEL NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED JOINT TRENCH 19 9 NO. 2 SOLID TINNED CONDUCTOR VSC1TV3C CADWELD CONNECTION FOR (1) 1/4"-4"‘ STEEL PIPE WITH C45 WELD METAL 4/0 STRANDED BARE CONDUCTOR VSC2QV3C CADWELD CONNECTION FOR 2"-4" ‘ STEEL PIPE WITH C115 WELD METAL NO. 2 SOLID TINNED CONDUCTOR GTC-161T CADWELD CONNECTION WITH C150 WELD METAL NO. 5810, 5/8" X 10' COPPER CLAD GROUND ROD SSC1T CADWELD MOLD WITH C32 WELD METAL NO. 2 SOLID TINNED CONDUCTOR PCC1T1T CADWELD MOLD WITH C45 WELD METAL NO. 2 SOLID TINNED CONDUCTOR SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 GROUNDING LAYOUTS, NOTES AND DETAILS GROUNDING NOTES 3 EQUIPMENT GROUNDING LAYOUTNONE SCALE: 1.ALL DETAILS ARE SHOWN IN GENERAL TERMS. ACTUAL GROUNDING INSTALLATION REQUIREMENTS AND CONSTRUCTION ACCORDING TO SITE CONDITIONS AND VERIZON GROUNDING STANDARD, NSVP OS-100-001 2.ALL GROUNDING CONDUCTORS: #2 AWG SOLID BARE TINNED COPPER WIRE UNLESS OTHERWISE NOTED. (ALT. CC5A20CB ERICO COMPOSITE CABLE) 3.GROUND RING TO GROUND BAR CONNECTIONS SHALL BE CADWELDED QTY. (2) #2 AWG SOLID BARE TINNED COPPER WIRE UNLESS OTHERWISE NOTED. (ALT. CC5A20CB ERICO COMPOSITE CABLE) 4.GROUND BAR TO EQUIPMENT AND CABLES SHALL BE #2 AWG BTCW W/DOUBLE LUG CONNECTIONS. (ALT. CC5A20CB ERICO COMPOSITE CABLE) 5.GROUND BAR LOCATED IN BASE OF EQUIPMENT WILL BE PROVIDED, FURNISHED AND INSTALLED BY THE VENDOR. 6.GROUND BAR LOCATED BELOW WAVEGUIDE ENTRY PORT. CABLES SHALL BE #2 AWG BTCW/DOUBLE LUG CONNECTIONS. TWO PATHS TO GROUND RING. (ALT. CC5A20CB ERICO COMPOSITE CABLE) 7.ALL BELOW GRADE CONNECTIONS: EXOTHERMIC WELD TYPE, ABOVE GRADE CONNECTIONS: EXOTHERMIC WELD TYPE. 8.EXTERIOR GROUNDING CONDUCTORS: BURIED TO A MINIMUM DEPTH OF 3'-0" BELOW FINISHED GRADE TO ALLOW FOR FUTURE CONSTRUCTION. 9.INSTALL GROUND CONDUCTORS AND GROUND ROD MINIMUM OF 1'-0" FROM EQUIPMENT CONCRETE SLAB, SPREAD FOOTING, OR FENCE. 10.EXOTHERMIC WELD GROUND CONNECTION TO FENCE POST: TREAT WITH A COLD GALVANIZED SPRAY. 11.GROUND BARS: 12.ALL GROUNDING INSTALLATIONS AND CONNECTIONS SHALL BE MADE BY ELECTRICAL CONTRACTOR. 13.ALL BOLTED TORQUE CONNECTORS SHALL BE LONG-BARELLED TYPES AND HAVE TWO HOLES FOR CONNECTION TO SURFACE AND NON-OXIDIZING AGENT APPLIED TO INHIBIT CORROSION. A.EQUIPMENT GROUND BUSS BAR (EGB) LOCATED AT BOTTOM OF ANTENNA POLE/MAST FOR MAKING GROUNDING JUMPER CONNECTIONS TO COAX FEEDER CABLES SHALL BE FURNISHED AND INSTALLED BY ELECTRICAL CONTRACTOR. JUMPERS (FURNISHED BY OWNERS) SHALL BE INSTALLED AND CONNECTED BY ELECTRICAL CONTRACTOR AND BE INTERNAL TO POLE. B.MAIN GROUND BUSS BAR (MGB) LOCATED NEAR THE BASE OF THE RADIO EQUIPMENT CABINET(S) SHALL BE FURNISHED AND INSTALLED BY ELECTRICAL CONTRACTOR. 6SCALE: NONE 4SCALE: NONE 5SCALE: NONE 1SCALE: NONE NOTE: 1.ALL GROUNDING TO BE INSTALLED IN ACCORDANCE WITH VERIZON WIRELESS STANDARD NSTD 46 2.CONTRACTOR TO MODIFY OR ADD NECESSARY GROUNDING TO PROVIDE A MAX. RESISTANCE OF 5 OHMS 2SCALE: NONEANTENNA GROUNDING LAYOUT PROPOSED AT&T MASTER GROUND BAR 1 G-2 PROPOSED AT&T GATE GROUND TIE TO EXISTING BUILDING STRUCTURAL STEEL INTO 2 PLACES PROPOSED VERIZON WIRELESS CADWELD (TYP.)MISC. CADWELD CADWELD DETAIL PROPOSED AT&T ANTENNA GROUND BAR (TYP. PER SECTOR) TIE TO EXISTING BUILDING STRUCTURAL STEEL INTO 2 PLACES PROPOSED VERIZON WIRELESS CADWELD (TYP.) MASTER GROUND BAR AND ANTENNA GROUND BAR COPPER GROUND BUSS BAR PLASTIC INSULATOR NOT REQUIRED (OPTIONAL) #6 CU GROUND KIT (TYP. FOR EACH COAX RUN) ANTENNA GROUND BUSS 12"X4"X1/4"TH. TINNED COPPER BUSS BAR W/ 1" SQ. X 4" SPACER 6" O.C. (MAX) GROUND BUSS 24"X4"X1/4"TH. TINNED COPPER BUSS BAR W/ 1" SQ. X 4" SPACER 6" O.C. (MAX) 5 - 5 - 20 0 CADWELD CONNECTION EQUIPMENT GROUND RING 2/0 AWG SOLID, TINNED, BARE COPPER CONDUCTOR TO GROUND RING CADWELD (TYPE NC) CADWELD (TYPE TA) 2/0 AWG SOLID, TINNED, COPPER CONDUCTOR EXTEND TO OPPOSITE FENCE POST FOR BURIED GATE JUMPER SOLID METAL GATE CADWELD CONNECTION 2" X 1" SOLID STEEL CADWELD CONNECTION GATE SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 GROUNDING DETAILS 1SCALE: NONE 2SCALE: NONE 3SCALE: NONE 4SCALE: NONE 5SCALE: NONE 6SCALE: NONE 7SCALE: NONE 8SCALE: NONE 9SCALE: NONE 10SCALE: NONE 11SCALE: NONE 12SCALE: NONE NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED GATE GROUNDING 20 1 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 PLUMBING DIAGRAM PLUMBING DIAGRAM 1SCALE: NONE 20 2 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 STRUCTURAL DETAILS NONE SCALE:1 NONE SCALE:3NONE SCALE:6NONE SCALE:9 NONE SCALE:7NONE SCALE:10 NONE SCALE:5NONE SCALE:8 NONE SCALE:4 NONE SCALE:11 NONE SCALE:12 NONE SCALE:2SEISMIC BRACING WALL TYPE WITH THERMAL INSULATION 1 LAYER 5/8" GYP. BD. EACH SIDE 6" METAL STUDS THERMAL INSULATION WHERE OCCURS ACOUSTICAL SEALANT AT PERIMETER, TYP. HILTI DN27P9 @ 24" O.C. TOP & BOT. CONCRETE SLAB OR BEAM RIGID INSULATION BOARD SLIP TOP TRACK, TYP.HEAD CEILING BASE TOILET GRAB BAR ANCHORAGE MOUNTING SCREWS ℄ OF GRAB BAR TO ALIGN W/ ℄ OF BACKING PL. FLANGE COVER W/ SET SCREW GRAB BAR 16 GA. BACKING PL. FASTEN TO BACKING THREADED CONNECTORS TYP. BACKING DETAIL 6" X 16GA UNPUNCHED TRACK (F\ = 50 NVL) LEGS W/ 3# 10 S.M.S. @ EACH STUD - FLAT HEADS EXTEND LENGTH OF BACKING TO LENGTH OF SHELVING/ CABINETS ETC. SEE PLAN 16" O . C . M A X . WHE R E A P P L I C A B L E STUD TO TRACK CONNECTION DETAIL ATTACH TRACK TO STRUCTURE WITH .1415‘ P.D.P. AT 32" O.C. MAX. AND WITHIN 6" OF END OF TRACK MIN. EMBEDMENT IS 1-1/8" MIN. EDGE DISTANCE IS 3" FRO STUDS REQUIRING END WEB STIFFENERS SEE DETAIL3 -SCREW ATTACHMENT NO PUNCHOUT WITHIN 12" FROM END OF STUDS RUNNER TRACK SAME GAUGE AT STUD MINIMUM 1" WIDE FLANGES WHEN TRACK IS ATTACHED DIRECTLY TO STUD FLANGE A STANDARD NO 6x7/16" PAN HEAD SHEET METAL SCREW MAY BE USED. WHEN DRYWALL COVERING TRACK AND STUD FLANGES ARE ATTACHED AT SAME TIME, A STANDARD (MIN.) 1" LONG DRYWALL SCREW MAY BE USED. ANY COMBINATION OF THE ABOVE METHODS MAY BE USED IN THE ERECTION OF A COMPLETED WALL ASSEMBLY STUD WEB STIFFENER DETAIL 1-1/2"x1-1/2" ANGLE GAUGE AS STUD/JOIST USE #8 SCREW TO ATTACH ANGLE TO WEB TWO FOR STUD/JOIST 4" OR LESS IN DEPTH THREE FOR STUD/JOIST GREATER THAN 4" W 1/2" 1" CUT FLANGES @ BEND WEB RUNNER TRACK SAME GAUGE AT STUD 1" WIDE FLANGES MINIMUM STUD / JOIST SCREWS OR OTHER APPROVED MECH. FASTENER TRACK TO STUD WHERE WALL COVERING DOES NOT OCCUR END WEB STIFFENER ALTERNATE CONNECTION METAL STUD & SUSPENDED CEILING NOTES METAL STUD NOTES: PROVIDE MATERIALA AND SYSTEMS WHICH MEETS OR EXCEEDS THE STRUCTURAL PROPERTIES OF MATERIALS SHOWN AND SPECIFIED IN THE SSMA "PRODUCT TECHNICAL INFROMATION" AND INTERNATIONAL CODE COUNCIL (ICC) LEGACY REPORT #ER-4943P SUSPENDED CEILING NOTES: A.A HEAVY TYPE OF T-BAR CEILING SHALL BE USED. B.THE WIDTH OF PERIMETER CLOSURE ANGLE SHALL BE 2" MINIMUM IN WIDTH. IN EACH ORTHOGONAL HORIZONTAL DIRECTION, ON END OF CEILING GRID SHALL BE ATTACHED TO THE CLOSURE ANGLE. THE OTHER END IN EACH HORIZONTAL DIRECTION SHALL HAVE A MINIMUM 0.75" CLEARANCE FROM THE WALL AND SHALL REST UPON AND BE FREE TO SLIDE ON A CLOSURE ANGLE. C.FOR CEILING AREA EXCEEDING 1,000 SQ. FT. HORIZONTAL RESTRAINT OF THE CEILING TO THE STRUCTURAL SYSTEM SHALL BE PROVIDED D.FOR CEILING AREA EXCEEDING 2,500 SQ. FT. A SEISMIC SEPARATION JOINT OR FULL HEIGHT PARTITION THAT BREAKS THE CEILING UP INTO AREA NOT EXCEEDING 2,500 SQ. FT. SHALL BE PROVIDED UNLESS STRUCTURAL ANALYSIS ARE PERFORMED OF THE CEILING BRACING SYSTEM FOR THE PRESCRIBED SEISMIC FORCES THAT DEMONSTRATE CEILING SYSTEM PENETRATIONS AND CLOSURES ANGLES PROVIDE SUFFICIENT CLEARANCE TO ACCOMMODATE THE ANTICIPATED LATERAL DISPLACEMENT. E.EXCEPT WHERE RIGID BRACES ARE USED TO LIMIT LATERAL DEFLECTIONS PENETRATIONS SHALL HAVE A 2" OVERSIZE RING, SLEEVE OR ADAPTER THROUGH THE CEILING TITLE TO ALLOW FREE MOVEMENT OF AT LEAST 1" IN ALL HORIZONTAL DIRECTIONS IS PERMITTED F.CHANGES IN CEILING PLAN ELEVATION SHALL BE PROVIDED WITH POSITIVE BRACING G.SUSPENDED CEILINGS SHALL BE SUBJECT TO PERIODIC SPECIAL INSPECTION REQUIREMENTS. THE INSPECTION ENTAILS MANUFACTURER CERTIFICATION OF COMPONENT PERFORMANCE AND PERIODIC INSPECTION OF THE SUSPENDED CEILING SYSTEM ANCHORAGESYSTEM SUSPENDED CEILING DIAGRAMMATIC PLAN 6' - 0 " MA X . 12 ' - 0 " MA X . 4' - 0 " TY P . 6'-0" MAX. 12'-0" MAX. 2'-0" TYP. 8" M A X . 8" MAX. FACE OF WALL TYP. 12GA. HANGER WIRE AT 4'0" O.C. EACH WAY, 8" MAX. FROM WALLS INDICATES 12GA. 4-WAY SPLAY WIRE BRACING W/ COMPRESSION STRUT AT CONVERGENCE OF SPLAYED WIRES 1-1/2" CARRYING CHANNEL AT 4'-0" O.C. METAL CROSS FURRING AT 2'-0" O.C. - - NOTE: FOR EDGE CONDITION SEE DETAIL - - SPLAYED SEISMIC BRACING WIRE 4 TIGHT TURNS45 ° SPLAYED SEISMIC BRACING WIRE 5/16" DRILL-IN EXPANSION ANCHOR MIN. STRUCTURE CONCRETE STEEL STRAP 12GA. X 1" WIDE x 2" LONG 1 - 1 / 2 " VERTICAL HANGER WIRE ATTACHMENT SHOT-IN ANCHOR HILTI DN27P87 OR EQUAL STRUCTURE CONCRETE CEILING CLIP HILTI OR EQUAL 13GA X 3/4" WIDE 1- 1 / 2 " 3 TIGHT TURN VERTICAL HANGER WIRE 5/8" MAX. 3/ 4 " NOTE: VERIFY LOCATION OF POST-TENSIONED CABLES PRIOR TO INSTALLING ANCHORS SUSPENDED CEILING AT LOAD CASE A AT LOAD CASE B FOR SUPPORT OF LIGHT FIXTURE OR GRILLE, SEE 2 S-2 FOR SUPPORT OF LIGHT FIXTURE OR GRILLE, SEE 3 S-2 SUSPENDED CEILING AT LIGHT FIXTURES AND MECHANICAL SERVICES SUSPENDED CEILING MOUNTING DETAIL 12GA HANGER WIRE AT 4'-0" O.C. & WITHIN 8" OF ENDS OF RUNS PROVIDE 4 TIGHT TURNS IN 1-1/2" 6'-0" 12GA SPLAYED BRACING WIRES AT 45' W/ COMPRESSION STRUT AT CONVERGENCE, - - 1-1/2" CARRYING CHANNELS AT 4'-0" O.C. MAX. 5/8" GYP. BOARD 7/8" HAT SECTION CHANNELS AT 16" O.C. MAX. (25GA.) 16GA. WIRE W/ SADDLE TIE & 2 TWISTS NOTE: FOR ATTACHMENT OF WIRES TO STRUCTURE SEE DETAILS 10 - 8 - CEILING GRID MAIN RUNNER CLIP ON END OF VERT. BRACE FOR SNAPPING & LOCKING ON MAIN RUNNER HEAVY DUTY COMPRESSION SPRING FOR ADJUSTMENT INSIDE OF VERT. BRACE 12GA VERT. WIRE HANGER NOTCHED CLIP FOR HOOKING TO VERTICAL WIRE HANGER, COMPRESSION BRACE CLIP TIGHT AGAINST STRUCTURE POSITIVE ATTACHMENT STRUCTURE AS REQUIRED 12 GA. BRACE WIRES AT 45° IN FOUR DIRECTIONS, WIRES TIED TO CEILING GRID VERT. COMPRESSION BRACE MADE FROM 1"‘ X .055" STEEL TUBING SPACED AT 12'-0" O.C. MAX. 6'-0" MAX DISTANCE FROM WALL, AND 10'-0" MAX. BRACED LENGTH POSITIVE ATTACHMENT TO GRID AS REQUIRED 20 3 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 STRUCTURAL DETAILS NONE SCALE:1 NONE SCALE:3 NONE SCALE:6 NONE SCALE:5 NONE SCALE:4 NONE SCALE:7 NONE SCALE:2LIGHT GAGE METAL FRAMING NOTES SUSPENDED CEILING AT LOAD CASE A LIGHT GAGE SCHEDULE SUSPENDED CEILING EDGE CONDITION GYP. BOARD & MTL. STUD FRAMING SEE WALL TYPE 8" MAX. METAL ANGLE ATTACHED W/ #10 SCREWS AT 8" O.C. SUSPENDED GYP. BOARD CEILING (ACOUSTICAL CEILING SIM.) NOTE: FOR ATTACHMENT OF WIRES TO STRUCTURE SEE DETAIL 8 S-1 10 S-1 ATTACH LIGHT FIXTURE TO GRID AT 4 CORNERS, MOUNT W/ 4-#10 SMS (2 FOR DIFFUSER) LAY-IN ACOUSTICAL PANEL 12GA. HANGER WIRE (4'-0" O.C.) ATTACH TP GRID MEMBERS WITHIN 3" OF EACH CORNER OF FIXTURE BOTTOM OF STRUCTURE (ATTACH ALL WIRES DIRECTLY TO SLAB) SEE DETAIL 8 S-1 LIGHT FIXTURE OR MECHANICAL SERVICES SUPPORT FIXTURE OR MECH'L SERVICE W/ 2 TAUT 12 GA. WIRES LOCATED AT DIAGONALLY OPPOSITE CORNERS TO STRUCTURE ABOVE ATTACH LIGHT FIXTURE TO GRID AT 4 CORNERS, MOUNT W/ 4-#10 SMS (2 FOR DIFFUSER) LAY-IN ACOUSTICAL PANEL 12GA. HANGER WIRE (4'-0" O.C.) ATTACH TP GRID MEMBERS WITHIN 3" OF EACH CORNER OF FIXTURE BOTTOM OF STRUCTURE (ATTACH ALL WIRES DIRECTLY TO SLAB) SEE DETAIL 8 S-1 LIGHT FIXTURE OR MECHANICAL SERVICES SUPPORT FIXTURE OR MECH'L SERVICE W/ 4 TAUT 12 GA. WIRES (ONE EACH CORNER) TO STRUCTURE ABOVE SUSPENDED CEILING AT LOAD CASE B LIGHT GAGE SCHEDULE ALLOWABLE SPAN FOR LIGHT GAGE JOIST: DL=20PSF, LL=20PSF SIZE IN 4 IN3 WITHOUT WEB STIFFINER WITH WEB STIFFINER JOIST SPACING JOIST SPACING 12"16"24"12"16"24" 4" x18JD .948 .474 8'-9"8'-9" 4" x16JD 1.168 .584 9'-9"9'-9" 6" x18JD 2.468 .823 11'-0"11'-0" 6" x16JD 3.051 1.017 13'-3"13'-3" 8" x18JD 4.943 1.236 10'-0"13'-6" 8" x16JD 6.121 1.530 16'-9"16'-9" NOTES: 1.SECTION PROPERTIES ARE BASED ON METAL STUD MANUFACTURER'S ASSOCIATIION, "XHD", STUDS WITH 1-5/8" FLANGES AND 9/16" STIFFENERS LIPS. ICBO REPORT NO. 4943P 2.F\=33,000 PSI FOR 18-GAGE AND LIGHTER. F\=50,000 PSI FOR 16-GAGE AND HEAVIER. 3.TOTAL LOAD DEFLECTION IS LIMITED BY L/240. 4.FOR WEB STIFFENER SEE 5.MINIMUM LENGTH OF BEARING IS 3" 6.OPPOSING CONCENTRATED LOADS SHALL NOT WITHIN 1.5x DEPTH OF JOIST. 1.VERIFY ALL DIMENSIONS WITH ARCHITECTURAL DRAWINGS. 2.LIGHT GAGE METAL FRAMING: SHALL BE A MEMBER OF METAL STUD MANUFACTURERS ASSOCIATION OR APPROVED EQUAL. 3.WELDERS SHALL BE CERTIFIED IN ACCORDANCE WITH THE LATEST A.W.S STANDARDS. WELDERS ABILITY SHALL BE REVIEWED BY AN INDEPENDENT TESTING AGENCY AT THE JOB SITE PRIOR TO CONSTRUCTION 4.MAXIMUM PENETRATION OF POWER-DRIVEN PINS INTO CONCRETE SLAB IS 1-14". 5.FOR STRUCTURAL WALLS (SHEAR WALLS & BEARING WALLS) USE 1/4"‘ POWER DRIVEN PINS @ 16" O.C. FOR SILL PLATE ATTACHMENT TO CONCRETE SLAB 6.3/16" ‘ TAPCON SCREWS (OR OTHER PREDRILLED FASTENERS) MUST BE USED AT SLAB EDGES WHERE THE MINIMUM EDGE DISTNACE IS LESS THAN 3", IN LIEU OF POWER-DRIVEN PINS. @ INTERIOR CONDITIONS THEIR USE IS OPTIONAL. 7.FOR TYPICAL JOIST TO WALL CONNECTIONS SEE 8.FOR BRACING REQUIREMENTS AT STUD WALL SEE 9.FOR INTERIOR NON-BEARING PARTITION CONNECTION AT THE TOP TRACK SEE 10.FOR STUD TO TRACK CONNECTION, SEE DETAIL 11.DOOR AND WINDOW HEADERS ARE INDICATED BY BBBBBBBBBBB FOR FRAMING, SEE 12.FOR ALLOWABLE SPAN LIMITAITONS OF JOIST SEE SCHEDULE IN THIS SHEET 13.FOR CONTINUOUS TRACK CONNECTIONS WHEN REQUIRED SEE 14.FOR WELDING REQUIREMENTS OF DOUBLE STUDS, SEE 15.CONNECTION NOT SPECIFICALLY SHOWN SHALL BE DONE PER THE MANUFACTURER'S RECOMMENDATIONS, AND A COPY OF THESE CONNECTIONS SHALL BE SENT TO THE ENGINEER FOR APPROVAL. 16.PLACEMENT OF EMBEDDED BOLTS & PLATES IN CONCRETE SLAB SHALL REQUIRE SPECIAL INSPECTION. 17.TYPICAL STUD REQUIREMENTS: EXTERIOR WALL:XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX INTERIOR: @ CORRIDORS, BATHROOM, KITCHEN & ALL OTHER WALLS REQUIRING BACKING FOR ANCHORAGE 2-1/2" x18JD. @ 12" O.C.WALL WIDTH AS NOTED 3-5/8" x20JD. @ 16" O.C.ON ARCHITECTURAL 6" x20JD. @ 16" O.C.DRAWINGS NON-BEARING WALLS: W/ NO BACKING REQUIREMENTS 2-1/2" x20JD. @ 16" O.C.WALL WIDTH AS NOTED 3-5/8" x20JD. @ 16" O.C.ON ARCHITECTURAL 6" x20JD. @ 16" O.C.DRAWINGS = REQUIRES @ WEB STIFFENER @ STUD ENDS, SEE STUD PROPERTIES:ICBO REPORT NO. 4943P SECTION PROPERTIES ARE BASED ON METAL STUD MANUFACTURER'S ASSOCIATION. F\ = 33,000PSI FOR 18-GAGE & LIGHTER, F\ = 50,000PSI FOR 16-GAGE & HEAVIER SIZE FLANGE WIDTH (IN) STIFFENER LIP (IN) Sx (IN )3 Ix (IN )4 2-1/2" x20JD 1-3/8 3/8 .156 .206 3-5/8" x20JD 1-3/8 3/8 .263 .494 6" x20JD 1-3/8 3/8 .540 1.652 2-1/2" x18JD 1-3/8 7/16 .210 .269 4" x18JD 1-5/8 9/16 .467 .941 6" x18JD 1-5/8 9/16 .818 2.462 4" x16JD 1-5/8 9/16 .576 1.160 6" x16JD 1-5/8 9/16 1.011 3.043 SECTION A-A CL OF BRACING DISTANCE-TOP OF WALL COVERING TO CL OF BRACE NOT TO EXCEED MAX. SPACING AS INDICATED WHERE WALL COVERING OCCURS ONE SIDE, BRACING IS REQUIRES ON BRACING NOT REQUIRED WHERE WALL COVERING OCCURS ON BOTH SIDES EXCEPT AS REQUIRED BY MFR. FOR CONSTRUCTION LOADS 18 " MA X . TOP SUPPORT 3' - 0 " MA X . STUD BOT. SUPPORT PIECE OF TRACK OR STUD AS BLOCK, 20JD AND LESS CUT FLANGES OF TRACKS & BEND WEB. TWO #10 SCREWS TO STUD. FOR 18, 16, & 14JD WELD 20JD 1-1/2" STRAP OR 1-1/2" COLD-ROLLED CHANNEL WALL COVERING SECTION THROUGH BRACING DETAIL PE R S E C T I O N A - A SP A C I N G 18, 16, & 14 GAGE BLOCK TO STUD 1/8" WALL COVERING (ONE SIDE ONLY) ATTACHMENT PER U.B.C. MINIMUM OF FOUR SCREWS PER BLOCK STUDS PIECE OF TRUCK OR STUD SAME GAGE AS STUDS, AS BLOCKING @ EACH END OF WALLS & 8'-0" MAX. O.C. BETWEEN SPLICE IN STRAP OR CHANNEL (WHERE REQUIRED) 20JD x1-1/2" WIDE STEEL STRAP OR 1-1/2" COLD-ROLLED CHANNEL CONTINUOUS BETWEEN BLOCKING PIECES-ONE #10 SCREW TO EACH STUD FLANGE & FOUR TO EACH BLOCKING PIECE STUDS WELDED CONNECTION FOR 18, 16, & 14JD PER ABOVE PLAN. FOR 20JD & LESS CUT FLANGES AS PER SECTION THROUGH BRACING DETAIL ABOVE PLAN OF BRACING DETAIL CONT. STRAP OR COLD-ROLLED CHANNEL W/ TRACK BLOCKING CONT. BOT. TRACK (ATTACHED TO STRUCTURE) PIECE OF TRACK OR STUD SAME GAGE AS STUDS, AS BLOCKING @ EACH END OF WALLS & @ 8'-0" MAX. O.C. BETWEEN STUDS CONT. TOP TRACK (ATTACHED TO STRUCTURE) SCREW OR WELD EA. STUD TO TRACK PER DETAIL NON-BEARING WALL CONNECTION SEE DETAIL A A TYPICAL BRACING DETAIL TYPICAL LIGHT GAGE JOIST FRAMING PARALLEL TO WALLS DECKING SHOWN DASHED. CONNECT DECKING TO ALL TRACK, JOIST AND BLOCKING FLANGES PER DECK ATTACHMENT REQUIREMENTS BLOCKING @4'-0" O.C. SAME SIZE AND GAGE AS JOIST. FOR CONN. TO JOIST (TYP.) CONT. BLOCKING, FOR CONNECTION TO BLOCKING 8 S-28 S-2 FOR TRACK TO JOIST CONNECTION 10 S-3 1/8"1-1/2" @24" O.C. FOR STUD TO TRACK CONNECTION (TYP.) 9 S-3 STUD. FOR BRACING REQUIREMENTS (TYP.) 5 - 1/8"1" @8" O.C. FOR TRACK TO BLOCKING CONNECTION SEE 10 S-3 1/8"1" @8" O.C. BLOCKING @8'-0" O.C. W/ STRAPS. ATTACH SHEATHING TO BLOCKING AND STRAPS WHERE SHEATHING EXTENDS TO BLOCKING, SEE DETAIL 5 - 1/8"1" TOP & BOT OF TRACK TO STUD 20 4 NONE SCALE:3 NONE SCALE:5 NONE SCALE:6 NONE SCALE:10 NONE SCALE:2JOIST TO TRACK CONNECTION DOOR & WINDOW HEADER VERTICAL MOVEMENT CLIP ALLOWABLE SPAN FOR CEILING JOIST (FT): TL=10SVI SIZE LX(IN ) 4 SX(IN )3 LATERAL SUPPORT OF COMPRESSION FLANGE NONE AT MIDSPAN AT 3RD JOIST JOIST SPACING JOIST SPACING JOIST SPACING 12"16"24"12"16"24"12"16"24" 4" x20JD .624 .302 9.1 8.5 7.7 12.9 12.O 1O.9 14.0 12.7 11.1 5" x16JD 1.652 .540 10.3 9.6 8.7 14.6 13.6 12.3 17.9 16.7 15.1 NOTES: 1.SECTION PROPERTIES ARE BASED ON METAL STUD MANUFACTURER'S ASSOCIATIION, "XHD", STUDS WITH 1-5/8" FLANGES AND 9/16" STIFFENERS LIPS. ICBO REPORT NO. 4943P 2.F\=33,000 PSI FOR 18-GAGE AND LIGHTER. F\=50,000 PSI FOR 16-GAGE AND HEAVIER. 3.TOTAL LOAD DEFLECTION IS LIMITED BY L/360. SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 STRUCTURAL DETAILS NONE SCALE:1 BLOCKING TYPICAL LIGHT GAGE JOIST FRAMING PERPENDICULAR TO WALLS DBL. STUDS REQ'D AT OPENING WIDTHS GREATER THAN 5'-0" HDR. TO TRACK TYP.1/8"1" @ 8" O.C. TRACK OPENING WIDTH 5'-0" MAX. 2-8" x18JD DOOR HEADER MIN. A DEEPER HEADER MAY BE USED TO ELIMINATE HEADER STUD FRAMING HDR. STUD FRAMING (NON-STRUCT) TYP. 1/8"6" MTL. JSTS WITH ANGLE CLIPS STEEL STUDS 1/8"1" @12" O.C. TRACK BLKG. OR. CONT. TRACK OVER WALL 1" RETURNS @4 CORNERS 1/8"1-1/2" 1-1/4" X 1-1/4" X14JD ANGLE CLIP. DEPTH SHALL BE 2" LESS THAN JOIST DEPTH FOR TRACK TO JOIST CONNECTION SEE BLOCKING @8'-0" O.C. W/ STRAPS. ATTACH SHEATHING TO BLOCKING AND STRAPS WHERE SHEATHING EXTENDS TO BLOCKING SEE DETAIL 2 WELDS FOR JOIST 6" AND LESS AND 3 WELDS FOR JOIST 8" AND GREATER NO. 10x3/4" SMS MAYBE SUBSTITUTE FOR WELDS 1/8"1" 1/8"1" @8" O.C. TRACK TO STUD CONNECTION: WEB STIFFENER WHEN REQUIRED. SEE LIGHT GAGE JOIST SCHED. AND 10 -10 -5 S-2 CONT. BLOCKING FOR CONNECTION OF BLOCKING TO JOIST, SEE 8 - 1/8"1" @8" O.C. ADD BLOCKING AND STRAP AT MIDSPAN FOR SPANS GREATER THAN 8'-0" O.C. SEE 8 - FOR TRACK TO JOIST CONNECTION SEE 10 - 1/8"1-1/2" @24" O.C. FOR STUD TO TRACK CONNECTION SEE 9 - DECKING SHOWN DASHED. CONNECT DECKING TO ALL TRACK, JOIST AND BLOCKING FLANGES PER DECK ATTACHMENT REQUIREMENTS WEB STIFFENER WHEN REQUIRED. SEE LIGHT GAGE JOIST SCHED AND 10 - STUD, DOR BRACING REQUIREMENTS SEE 5 S-2 1- 1 / 4 " FOR TRACK AT SLOPING JOIST, SIZE TRACK TO FIT SLOPE AND CUT TOP OF STUD FOR TIGHT FIT. 1/8"1" STUD WALL TRACK JOIST TO TOP TRACK BEYOND 1/8"1" 1" LONG FILLET EACH SIDE OR 2-NR. 10x3/4" SMS TOP & BOTTOM AT WEB STIFFENER WHEN REQUIRED. 3-5/8" WIDE (MIN. WEB STIFFENER, SAME GAGE AS JOIST WHEN REQUIRED JOIST TRACK, SAME GAGE AS JOIST EACH STUD 1/8"1" #10 SMS AT FLANGES MAY BE SUBSTITUTED FOR WELDS. @ QUARTER POINTS1"1/8" DOUBLE STUD EACH STUD1/8"1" LOAD BEARING STUDS MUST BEAR ON TRACK WEB SINGLE STUD FOR ATTACHMENT OF TRACK TO CONC. SEE NOTE 5,6,&7. TRACK GAGE IS THE SAME AS STUD. BLOCKING WEB TO JOIST WEB1/8"1-1/2" 1" RETURNS @4 CORNERS1-1/2" 2-#2 SCREWS OR 2 PUDDLE WELDS. MIN. TOP & BOTTOM OF BLOCKING TO JOIST STIFFENER LIP1/8" 1/8" 20JD x1-1/2" STRAP CONT. BETWEEN BLOCKING WITH ONE #10 SMS TO EACH FLANGE AND FOUR TO EACH BLOCKING SPLICE IN STRAP WHERE REQUIRED 2-5/8" WIDE (MIN.) CLIP SAME GAGE AS JOIST. DEPTH SHALL BE 2" LESS THAN JOIST DEPTH. 1/ 2 " G A P B E T W E E N S T U D AN D T R A C K , A N D W A L L CO V E R I N G A N D D E C K WALL COVERING ATTACHMENT PER UBC MIN. OF FOUR SCREWS PER BLOCK, TYP FOR ATTACHMENT OF TRACK TO CONCRETE SEE NOTES 5,6, &7 14JD DEEP LEG TRACK BOTTOM OF STRUCTURE DO NOT FASTEN STUD OR THE WALL COVERING TO THE TOP TRACK. BLOCKING AND STRAPS WITHIN 3" OF THE TOP TRACK, ATTACH TO STUD PER DETAIL STUD TRACK TYP. 1/8"1-1/2" @24" O.C. 1'-0" MIN. SPLICE LENGTH STUDS FOR ALTERNATE SPLICE SEE 4 - RIM TRACK WITH INTERSECTING JOIST SHOWN. TRACK TO TRACK 1/8" 9" MIN. OF COMBINED WELD LENGTH W/ IN SPLICE LENGTH EQUAL EQUAL STUDS STUD TRACK STUD SECTION TRACK TO STUD SECTION 4-1/2" MINIMUM 1/8" 3/4" LEGS & RETURNS1/8" BUILDING SUPPORT ANGLE 12JD VERTICAL MOVEMENT CLIP (VMC) BY WESTERN METAL LATH OR APPROVED EQUIVALENT. ATTACHMENT BOLT OR #10 TEK SCREW SPAN FOR CEILING JOIST SCHEDULE NONE SCALE:9STUD WELDING NONE SCALE:7TOP TRACK SPICE FOR PLATES AND TRACKS NONE SCALE:4VERTICAL MOVEMENT CLIP NONE SCALE:8 INTERIOR NON-BEARING PARTITION CONN. CEILING JOIST SCHEDULE ASSUMES SHEATHING IS NOT ATTACHED TO THE TOP FLANGE. WHEN LATERAL SUPPORT IS ADDED AT MIDSPAN OR THIRD POINTS ADD BLOCKING @ 8'-0" O.C. AND STRAPS 20 5 NONE SCALE:3NONE SCALE:6 NONE SCALE:10 NONE SCALE:2 SPECTRUM SERVICES, LLC. 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: D. CREO CCL06302 - C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER PROJECT INFORMATION: DESCRIPTION BYDATEREV. ISSUE STATUS 01/10/24 90% CONSTRUCTION D.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company CCL06302 MILLER GARAGE 323 MILLER AVENUE SAN FRANCISCO,CALIFORNIA 94080 02/20/24 100% CONSTRUCTION D.C.1 07/16/24 LEASE AREA REVISION D.C.2 08/06/24 CX REVISION D.C.3 STRUCTURAL DETAILS NONE SCALE:1SCREEN POST BASE PLATE ELEVNONE SCALE:9 NONE SCALE:7 NONE SCALE:8 NONE SCALE:9NONE SCALE:12 SCREEN BRACE BASE PLATE ELEV PLAN ELEVATION 9X9X1 2" BASE PLATE PLATE BASE LENGTH MAY BE EXTENDED PARALLEL TO BEAM TO CLEAR POST TENSIONED TENDONS AS REQUIRED 3" STD PIPE (4) 11/16" DIA. HOLES 6" M I N . 1-1/2" TYP. PLATFORM BEAM ABOVE (4) 5/8" SS HILTI KB TZ2 W/ 2-3/4" MIN. EFF. EMBED 6-1/2X6-1/2X1/4 CAP PLATE 3/16 TYP 3/16 TYP 12X8X1" BASE PLATE LONG DIRECTION PARALLEL TO BRACE (4)3 4" DIA. SS HILTI KB TZ2 W/ 4-3/4" MIN. EFF EMBED, 13 16" DIA. HOLE 4-1/2X4-1/2X3/16" SQ HSS POST W/ 3/16" FILLET WELD ALL AROUND 10X5X1/2" BASE PLATE LONG DIRECTION PARALLEL TO BRACE 7-1/2X7-1/2X1/2" BASE PLATE LONG DIRECTION PARALLEL TO BRACE (2) 5/8" DIA. SS HILTI KB TZ2 W/ 4" MIN. EFF EMBED, 1116" DIA. HOLE 4-1/2X4-1/2X3/16" SQ HSS POST W/ 3/16" FILLET WELD ALL AROUND (2) 5/8" DIA. SS HILTI KB TZ2 W/ 4" MIN. EFF EMBED, 1116" DIA. HOLE 5" 5" 1/4" HSS TO PLATE EDGE, TYP FRONT SIDE 8X5X1/2 BASE PLATE (2)9 16" DIA. HOLES (2) 1/2" SS HILTI KB TZ2 W/ 2" MIN. EFF EMBED PARAPET WALL 3X3X 3/16" ANGLE VERIFY LENGTH IN FIELD 3/16 TYP 3/16 TYP 4-1/2X4-1/2X3/16X18" SQ HSS W/ (2) SIDES REMOVED FROM TOP DOWN 4-1/2" 3/16" CAP PLATE WELDED ALL AROUND W/ 3/16" FILLET WELD 4" SQ NESTED FRP POST W/ 1/2" CLEAR TO CAP PLATE 13/16" DIA HOLE FOR (1) 3/4" DIA A307 THRU BOLT 1' - 6 " 1' - 1 " 3" 2" 3/16TYP BACK SIDE OF HSS TUBE CUT AWAY AT TOP TO ALLOW ACCESS FOR CAP PLATE TB D RIGID INSULATION OF ROOF PARAPET HEIGHT OF HORIZONTAL BRACE TBD BASED ON ACCESS TO PARAPET CLEARING (E) FLASHING 3/16 TYP 1' - 6 " 1' - 1 " 3" 2" 4-1/2X4-1/2X3/16X18" SQ HSS W/ (2) SIDES REMOVED FROM TOP DOWN 4-1/2" 3/16" CAP PLATE WELDED ALL AROUND W/ 3/16" FILLET WELD 4" SQ NESTED FRP BRACE W/ 1/2" CLEAR TO CAP PLATE 13/16" DIA HOLE FOR (1) 3/4" DIA A307 THRU BOLT FRONTSIDE 1' - 6 " 1' - 1 " 3" 2" 3/16TYP SCREEN BASE PLATE PLAN VIEWS PLATFORM BASE PLATE & POST DETAIL SCREEN HORIZONTAL BRACE 20 6 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 207 208 EXHIBIT 3 MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] 209 Exhibit A Recording Requested By & When Recorded Return To: New Cingular Wireless PCS, LLC Attn: Tower Asset Group - Lease Administration 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 APN: 117-790-010 (Space Above This Line For Recorder’s Use Only) Market: South San Francisco Cell Site Number: CCL06302 Cell Site Name: 323 Miller Garage, CA Search Ring Name: Miller Avenue Fixed Asset Number: 15530344 State: California County: San Mateo MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this ____ day of___________, 2024, by and City of South San Francisco, a municipal corporation, having a mailing address of 400 Grand Avenue, South San Francisco, CA, 94080 (hereinafter called “Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”). 1.Landlord and Tenant entered into a certain Structure Lease Agreement (“Agreement”) on the ___ day of____________, 2024 (“Effective Date”), for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement. 2.The initial lease term will be five (5) years commencing on the Effective Date, which may be extended for two (2) Additional Term(s) of 5-years and, upon mutual agreement of the parties, three (3) Extension Terms of 5-years each as provided in the Agreement. 3.The portion of the land being leased to Tenant and associated easements and/or access and utility routes are described in Exhibit 1 annexed hereto. 4.This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. 210 24 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. LANDLORD: City of South San Francisco, a municipal corporation By: Print Name: [ ] Its: Date: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: [ ] Its: Date: [ACKNOWLEDGMENTS APPEAR ON NEXT TWO PAGES] 211 Non-Tower Structure 25 LANDLORD ACKNOWLEDGMENT State of California County of _________________________________) On ________________________________ before me, _______________________________________, (insert name and title of the officer) personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 212 Non-Tower Structure 26 TENANT ACKNOWLEDGMENT State of California County of _________________________________) On ________________________________ before me, _______________________________________, (insert name and title of the officer) personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 213 Non-Tower Structure 27 EXHIBIT 1 TO MEMORANDUM OF LEASE DESCRIPTION OF PROPERTY AND PREMISES Page of to the Memorandum of Lease dated ________________, 2024, by and between City of South San Francisco, a Municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: 214 Non-Tower Structure 28 The Premises are described and/or depicted as follows: 215 Non-Tower Structure 29 EXHIBIT 2 IRS FORM W-9 & CA FTB FORM 590 Page 1 of 3 [IRS FORM W-9 (REVISED OCTOBER 2018) & 2019 CA FTB FORM 590 APPEAR ON FOLLOWING TWO (2) PAGES] 216 Non-Tower Structure 30 217 Non-Tower Structure 31 218 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-877 Agenda Date:9/11/2024 Version:1 Item #:15. Report regarding a resolution approving the City Council’s response to the San Mateo County Civil Grand Jury Report,dated July 11,2024,entitled,“The State of Compost Compliance in San Mateo County”and authorizing the City Manager to send the response letter on behalf of the City Council.(Marissa Garren,Public Works Management Analyst II) RECOMMENDATION It is recommended that the City Council approve the City of South San Francisco’s draft response to the San Mateo County Civil Grand Jury Report,“The State of Compost Compliance in San Mateo County” and adopt a resolution authorizing the City Manager to send the response letter on behalf of the City to the Honorable Judge Amarra A. Lee. BACKGROUND/DISCUSSION On July 11,2024,the City of South San Francisco (City)received a letter from the Honorable Amarra A.Lee of the San Mateo County Superior Court,requesting the City's response to the findings and recommendations outlined in the Civil Grand Jury (Grand Jury)Report titled “The State of Compost Compliance in San Mateo County”(Attachment 1).This report offers a detailed overview of Senate Bill 1383,which mandates organic waste collection for California businesses and residents and discusses strategies for improving participation and diversion rates in organic waste management. The Grand Jury has requested the City’s response to findings F1 through F8 and recommendations R1 through R8.The Public Works Department and SSF Scavenger Co.,Inc.met to discuss a coordinated response to the report,and any subsequent,collaborative implementation of its recommendations.The City’s response must include a statement as to whether the city agrees or disagrees with each finding,as well as a response to each recommendation.Responses to recommendations must state whether the recommendation has been implemented,will be implemented,requires further study,or will not be implemented.These statements must be accompanied by a detailed explanation. A draft letter addressing these findings and recommendations has been prepared by the City,as detailed in Attachment 2.Upon the Council’s approval,the City Manager will sign and submit the City’s response to the Grand Jury by the required deadline of October 9, 2024, in accordance with California Penal Code 933.05. Response to Grand Jury Findings: F1.High green cart enrollment costs and insufficient bin space are the dominant contributors to low City of South San Francisco Printed on 9/6/2024Page 1 of 5 powered by Legistar™219 File #:24-877 Agenda Date:9/11/2024 Version:1 Item #:15. participation rates among multi-family dwellings and businesses. Response to F1 -The City disagrees with this Finding.The City and SSF Scavenger work with multi- family dwellings and businesses on waste analysis to determine reduced size of grey cart for landfill if green bin is added,therefore reducing the cost and ensuring compliance with SB 1383 requirements.Regarding insufficient cart space,there is an option to waive green cart enrollment with a Physical Space Waiver for accounts that demonstrate that the premises lacks adequate space for the collection containers;the City of South San Francisco has issued 20 Physical Space waivers. F2.Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste. Response to F2 -The City agrees with this Finding;correct sorting at the source does maximize diversion.If there is significant contamination,the cart/bin is tagged and not serviced,which encourages re- sorting at the source.In the case of minimal contamination,our hauler’s de-packaging system can assist in extracting organic materials. F3.City,County,and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant. Response to F3 -The City agrees with this Finding.Extensive outreach (such as phone calls,multi- lingual letters,site visits,instructional signs,tote bags,kitchen pails,recycling guides,newsletters,social media campaigns and in-person training sessions)has previously been conducted and is ongoing.The City can increase enforcement at this point. F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste. Response to F4 -The City agrees with this Finding. F5.Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites. Response to F5 -The City agrees with this Finding.As far as staff are aware,there is no requirement from CalRecycle for jurisdictions to provide this information;we are awaiting confirmation from their staff. CalRecycle’s website provides jurisdictional data including diversion rates.If the City had received requests for diversion and participation rates by citizens,the City would have provided the data to them.We will make data available on City website per R4 below. F6.Assessing progress on organic waste diversion in Atherton,Brisbane,Millbrae,Pacifica,San Bruno,South San Francisco,and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports. Response to F6 -The City partially disagrees with this Finding.Progress can be assessed in different ways.As far as we are aware,CalRecycle does not require reporting by property type;we are awaiting confirmation from their staff.The hauler tracks progress using lid flipping to monitor contamination levels, City of South San Francisco Printed on 9/6/2024Page 2 of 5 powered by Legistar™220 File #:24-877 Agenda Date:9/11/2024 Version:1 Item #:15. participation rates across the entire customer base, and overall diversion by tonnage across all waste streams. F7.An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations. Response to F7 -The City agrees with this Finding.Lid flipping has been the primary way to identify contamination.Our hauler is currently sampling organic waste streams for contamination,and they follow up with any generators that have contamination. F8.Brisbane,South San Francisco,and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements. Response to F8 -The City disagrees with this Finding.The methodology of calculating diversion rate as reported in the EAR (Electronic Annual Report)is as required by the State of California and has been used consistently so trends over time can be observed.The tonnage the hauler collects and diverts feeds into the jurisdiction diversion rate calculated in the EAR.Since the Grand Jury used a completely different formula,it is to be expected that they would have a different result. Response to Grand Jury Recommendations: R1.Beginning March 1,2025,cities,the County,and RethinkWaste should host regular inperson green cart enrollment summits for non-compliant businesses and multi-family dwellings,and identify other new compliance strategies. Response to R1 -The recommendation will not be implemented.The hauler already goes directly to the generators site to make hands-on recommendations and provide education. R2.Beginning January 1, 2025, Brisbane, South San Francisco, and Millbrae should investigate their Electronic Annual Report contractor’s diversion rate conversion formulas and their hauler’s waste scales. Response to R2 -The recommendation has been implemented. It has been verified that the haulers scales are accurate. R3.By July 1,2025,Brisbane,South San Francisco,and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate. Response to R3 -The recommendation has been implemented.It has been verified that the haulers scales are accurate. R4.Beginning November 30,2024,cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites. Response to R4 -The recommendation will be implemented.The City will post annual diversion and participation rates from our Electronic Annual Report required by CalRecycle on the City’s website by City of South San Francisco Printed on 9/6/2024Page 3 of 5 powered by Legistar™221 File #:24-877 Agenda Date:9/11/2024 Version:1 Item #:15. November 30 each year. R5.Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports. Response to R5 -The recommendation will not be implemented. All waste generators that are non- compliant or contaminate waste streams are targeted individually. If data was to be split into categories there is a significant grey area in making the determination between commercial vs. multifamily vs. residential. For example, mixed-use properties with retail on the ground floor and housing above. R6.Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often. Response to R6 -The recommendation has been implemented.The hauler conducts waste reviews and revisits problem addresses.The hauler has found commercial front load bins for organics and recycling to be most problematic and therefore has focused on this type. R7.Starting May 1,2025,cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress. Response to R7 -This recommendation has yet to be implemented but will be implemented in the future.The City will work with its hauler to analyze problematic routes’past and present contamination trends to track their progress starting May 1, 2025 or earlier. R8.By February 1,2025,jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. Response to R8 -This recommendation has been implemented.The hauler provides various sized bins for organic waste,including various sized carts (32gal -96gal)and front-end load style (1yd -4yd).For multi- family dwellings,the City and hauler also provide small kitchen pails to help with transport of organic waste to make the green bins more usable. FISCAL IMPACT There is no direct financial impact on the City for providing the required response,as all programs mentioned in this report are already fully funded through existing sources. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this resolution meets Strategic Goals #2 and #6 by providing a high quality of life and improving community connections. CONCLUSION It is recommended that the City Council approve the City of South San Francisco’s draft response to the San Mateo County Grand Jury Report,“The State of Compost Compliance in San Mateo County”and adopt a City of South San Francisco Printed on 9/6/2024Page 4 of 5 powered by Legistar™222 File #:24-877 Agenda Date:9/11/2024 Version:1 Item #:15. Mateo County Grand Jury Report,“The State of Compost Compliance in San Mateo County”and adopt a resolution authorizing the City Manager to send the response letter on behalf of the City to the Honorable Judge Amarra A. Lee. Attachments: 1.Grand Jury Report - “The State of Compost Compliance in San Mateo County” 2.Draft Response Letter to Honorable Judge Amarra A. Lee City of South San Francisco Printed on 9/6/2024Page 5 of 5 powered by Legistar™223 2023-2024 SAN MATEO COUNTY CIVIL GRAND JURY THE STATE OF COMPOST COMPLIANCE IN SAN MATEO COUNTY 224 1 2023-2024 San Mateo County Civil Grand Jury Issue | Summary | Background | Methodology | Discussion | Findings | Recommendations | Requests for Responses | Glossary | Bibliography | Appendixes THE STATE OF COMPOST COMPLIANCE IN SAN MATEO COUNTY ISSUE California regulations adopted pursuant Senate Bill 1383 (2016) mandate separating compostable materials like food waste from garbage to reduce methane emissions. How effective has San Mateo County been at meeting composting goals, and what can be done to improve? SUMMARY Starting January 1, 2022, regulations adopted pursuant Senate Bill 1383 (2016) required California businesses and residents to participate in organic waste collection. According to a 2022 San Mateo Daily Journal article, 70% of Burlingame’s businesses and multi-family dwellings did not have organic waste collection services. San Bruno had 86% of businesses and 45% of multi-family dwellings without organic waste collection (Browning 2022). From December 2023 to April 2024, officials were interviewed and data was collected from the County, cities, the RethinkWaste Joint Powers Authority (JPA), and haulers to assess current compliance. A statewide goal is to reduce 75% of organic waste disposal from 2014 levels by 2025. Disposal means sending all waste, organic, recyclable, or trash, to the landfill. Diversion means sending organic waste or recyclables to conversion centers, where they become compost, mulch, or consumer recycled content, as opposed to sending them to landfills. Any stand-alone references to diversion in this report refers to converted organic waste and recycling combined. “Organic waste diversion” only refers to only converted organic waste. This report’s goal is to identify where consumers and producers are failing to fully contribute to organic waste diversion consistent with their abilities. The report’s recommendations are that the responsible local public entities implement solutions to increase organic waste participation and diversion rates. Notably, jurisdictions should have begun penalizing generators for non-compliance beginning January 1, 2024 (California Public Resources Code § 42652.5 (2022)). Most multi-family dwellings and businesses in San Mateo County have lower organics collection enrollment compared to single-family homes. High enrollment rates for all three property types, however, do not necessarily result in high diversion 225 2 2023-2024 San Mateo County Civil Grand Jury rates and more organic waste in the waste stream. For example, in 2023, Foster City’s multi- family dwellings had a 98.81% participation rate; but, organics made up only 5.49% of total waste (Recology San Mateo County 2024, 2023). There are several reasons behind multi-family dwellings and businesses having low participation and diversion rates. Green cart enrollment costs, and insufficient space for the three-cart system are the largest factors. Contamination brought about by improperly sorting organics into bins also plays a role. In some multi-family dwellings, trash chutes do not offer an opportunity to sort and appropriate bins are not conveniently located. Further, local governments cannot reliably assess their progress on Senate Bill (SB) 1383 compliance because JPAs, haulers, and cities have different data reporting formats. And residents and the press must retrieve waste statistics from haulers because most cities do not have or post them. To address these problems, the Grand Jury recommends that: 1. Cities, the County, and RethinkWaste should host monthly in-person green cart enrollment summits for non-compliant businesses and landlords and develop and implement other compliance strategies. 2. Jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. 3. To increase transparency and accountability, cities and the County should regularly publish waste reports with diversion and participation rates on their government websites. BACKGROUND On September 19, 2016, Governor Jerry Brown signed Senate Bill 1383 to reduce California’s methane emissions. This law classifies any person or entity responsible for creating organic waste as an “organic waste generator” (Short-Lived Climate Pollutants, Cal. Code Regs. tit. 14, § 18982 (2020)). Generators must comply with the law by subscribing to their jurisdiction’s organic waste collection service or self-hauling organic waste (§ 18984.9 (2020)). If residents or businesses do not subscribe or self-haul, “a jurisdiction shall impose penalties for violations” ranging from $50-$500 depending on one or more infractions (§ 18997.2 (2020)). SB 1383 defines jurisdictions as “a city, county, a city and county, or a special district that provides solid waste collection services.” (§ 18982 (2020)). The new law builds on previous solid waste management legislation. Assembly Bill 939 was the first law of its kind to provide a solid waste diversion goal for cities and counties. Each 226 3 2023-2024 San Mateo County Civil Grand Jury jurisdiction had to divert 50% or more of solid waste from the landfill starting January 1, 2000 through source reduction, recycling, and composting (Cal. Pub. Res. Code § 41780 (1989)). SB 1016 later replaced Assembly Bill (AB) 939 with a per capita disposal rate equivalent to the 50% annual diversion rate (§ 41780.05 (2008)). In 2011, lawmakers directed businesses that generate four or more cubic yards of commercial solid waste weekly and multifamily dwellings of five units or more to recycle (§ 41780.05). Equation 1. Diversion Rate [(R+O)/(R+O+S)] * 100 = Diversion Rate % R: Recycling tons, O: Organic tons, S: Solid Waste tons (Sources: Republic Services 2024a and 2024b, Recology San Mateo County Q4 2023 Report, GreenWaste 2023) California passed SB 1383 to tackle the pervasiveness of organic and recyclable waste in landfills. In 2021, CalRecycle estimated landfill composition to be 28.4% organic waste (11,305,710 tons), 15.5% paper (6,193,825 tons), and 13.7% plastic (5,445,299 tons) (2022a). Failing to divert the majority of reusable materials has polluted the environment Californians share. From August 2016 to October 2018, landfills were the largest source of methane, contributing 41% of point source emissions (California Air Resources Board 2019). California’s track record on recycling and waste emissions has not improved over the years either, as emissions have increased by 24.4% since 2000 (CARB 2023). If mandatory organic waste collection successfully diminishes landfill emissions, it will support the struggle against climate change. SB 1383 aims to reduce 75% of organic waste disposal from 2014 levels by 2025 (Cal. Health & Safety Code § 39730.6 (2016)). Signing up for a green composting bin is a key to achieving this goal. Jurisdictions that do not have the standard three-cart system of garbage (usually gray, brown, or black cart), recyclables (blue cart), and organics (green cart) can still participate under certain conditions. For example, a two-cart system with only blue and gray carts can have the latter contain organics and garbage. Haulers must deliver the mixed waste gray carts “to a facility that meets or exceeds the organic waste content recovery requirements…” (Cal. Code Regs. tit. 14, § 18984.2 (2020)). Of the 20 cities in San Mateo County, the state orders 18 to comply with SB 1383. CalRecycle issued a low-population waiver to Colma and Portola Valley on January 1, 2022 (n.d1.). They are exempt from enforcing both laws, and were not interviewed for this report. An earlier investigation on the conditions of landfill capacity inspired this report. In the 2018- 2019 Grand Jury year, jurors released the report “Planning for the County’s Waste Management Challenges.” They used data from a 2014 CalRecycle analysis to note that organic waste 227 4 2023-2024 San Mateo County Civil Grand Jury comprised 71% of all waste sent to the landfill in the County (SMC Civil Grand Jury 2019). Additionally, Republic Services, which operates Ox Mountain Landfill, projected that the landfill would close by 2034 based on disposal rates (2019). Although the report highlighted the connection between SB 1383 and landfill capacity, jurors geared their recommendations predominantly on revising the County Integrated Waste Management Plan. This 2023-2024 report: “The State of Compost Compliance in San Mateo County” is different. It examines how increasing composting participation in multi-family dwellings and businesses can contribute to solving the landfill problem. Economic Factors Impacting SB 1383 Progress On September 8, 2022, Shereen D’Souza, former CalEPA (California Environmental Protection Agency) Deputy Secretary, told the Milton Marks Commission that the state missed its 2020 recycling goal. Ms. D’Souza referred to the 50% reduction in organic waste disposal from 2014 levels by 2020 under Health & Safety Code § 39730.6 (2016). This goal was the precursor to the current 75% organic waste disposal reduction from 2014 levels by 2025 described above. The Deputy Secretary remarked, “Until this year, CalRecycle’s regulations to meet the organic waste reduction targets were not enforceable” (D’Souza 2022). She adds, “So, it makes sense that the 2020 diversion rate required in 1383 was not met” (2022). In the same interview, former CalRecycle Director, Rachel Machi Wagoner, described how far California missed the mark. Ms. Wagoner said, “As a matter of fact, in 2020, we were roughly a million tons over our 2014 baseline” (2022). Businesses and residents sent more organics to landfills in 2020 than six years prior. It might be assumed that the COVID-19 pandemic pushed Californians to consume more than usual at home given the lockdowns. Yet, 2020 was also a recessionary year, which decreased some workers’ incomes. Industrial production and civilian consumption rates are the most consequential causes of landfill pollution. CalRecycle observed that “a strong correlation between disposal and economic growth” prevails (2020). In 1989, California’s GDP “was $0.72 trillion” and “statewide traditional landfill disposal was 44 million tons” (CalRecycle 2020). In 2018, California’s GDP “rose to $3 trillion” (CalRecycle 2020), while landfill and “disposal-related activities” (see Glossary) climbed to 46,255,505 tons (CalRecycle 2024). 228 5 2023-2024 San Mateo County Civil Grand Jury Source: Real Gross Domestic Product: All Industry Total in California (CARGSP) | FRED | St. Louis Fed During the Great Recession (2007-2009), landfill disposal plummeted by 20.7% in California (CalRecycle 2020). In 2020, the state’s overall disposal (landfill added to disposal-related activities) tonnage fell by 7.46% when compared to the 2019 peak (CalRecycle 2024). Per capita disposal rates, and by extension overall disposal, have risen in the state since 2014 (2024). As the chart and table below illustrates, the timing of SB 1383 enforcement appears to not have a significant impact on California reaching its 2020 objective. Curiously, the 2020 surge of organic waste in landfills occurred while overall disposal fell. 229 6 2023-2024 San Mateo County Civil Grand Jury Sources: 2018 State of Disposal and Recycling in California, State of Disposal and Recycling Report 2021, State of Disposal and Recycling Report 2022; note, values are found in Appendix 1, Figure 2 or 3 on each report Table 1. State Compost Tonnages and Percentage of Overall Waste 2018-2022 2018 2019 2020 2021 2022 % of total waste 12% 12.28% 12.3% 12.41% 14.73%* Compost Tons ≈9,312,000 9,522,164 9,522,164 9,522,164 ≈11,200,00 0* Sources: 2018 State of Disposal and Recycling in California, 2019 State of Disposal and Recycling and Exports in California, State of Disposal and Recycling Report 2020, State of Disposal and Recycling Report 2021 *Jurors could only find evidence of this number through an Associated Press (California is forging ahead with food waste recycling. But is it too much, too fast?) article, which cited Rachel Wagoner. The State of Disposal and Recycling Report 2022 offers a combined amount for “Source Reduction, Recycling, and Composting,” but not for its individual components. 230 7 2023-2024 San Mateo County Civil Grand Jury Overall disposal tonnages throughout the 2006-2022 period have not increased alongside the population. Again, waste deposited at landfills fell 20.7% during the Great Recession in spite of the population growing by 1.56% (CalRecycle 2020; California Department of Finance 2012). Even more peculiar is that overall disposal hit rock bottom in 2012, shedding 2.58% of its 2009 volume (2020). Nonetheless, the state’s 2012 population rose by 2.59%, an inverse of landfill trends, from its 2009 value (California Department of Finance 2022, 2012). Since population growth and SB 1383 implementation inadequately explain waste patterns, macroeconomic events are the significant factor governing waste generation. A former CalRecycle executive has expressed concern over this fact and opined which economic actors spawn the most waste. Sources: 2018 State of Disposal and Recycling in California, State of Disposal and Recycling Report 2021, State of Disposal and Recycling Report 2022, E-4 Population Estimates for the State, 2001–2010, E-4 Population Estimates for the State, 2011–2020, E-4 Population Estimates for the State, 2021–2024 Note: Population figures are for January 1 of each year according to the California Department of Finance Former CalRecycle Director Rachel Machi Wagoner issued an urgent warning in the agency’s “State of Disposal and Recycling in California for Calendar Year 2020” report. Ms. Wagoner blamed “an economy driven by resource extraction and single-use disposable products” for California being on track to miss its 75% recycling goal by 2025 (CalRecycle 2021). She 231 8 2023-2024 San Mateo County Civil Grand Jury claimed, “Consumers placing items in the right bin alone will not solve systemic problems like unrecyclable product designs and a lack of end markets for complex materials” (2021). A solution the Director proposes is getting “local and private partners” to efficiently collect and remanufacture the goods “California produces and uses” into new commodities (2021). Wagoner’s call for reaching the 2025 target focuses on getting manufacturers to sell goods with recyclable content. Annual reports from CalRecycle partially support this statement because manufacturers generate the highest proportions of refuse. Businesses and multi-family dwellings with five or more units produce more landfill waste than residential properties statewide. For the last three and a half years, 47% to 50% of all refuse in the state originated from the commercial sector (CalRecycle 2024). Self-haulers contributed 20% of garbage. Residential properties contributed 30% to 33% (2024). An important distinction is that the California Code of Regulations labels multi-family dwellings of less than five units as residential areas (§ 18982 (2020)). Multi-family dwellings with five or more units, then, fall under the commercial category. Source: State of Disposal and Recycling Report 2022; * = Data from Q3 and Q4 2019 only 232 9 2023-2024 San Mateo County Civil Grand Jury METHODOLOGY Interviews The Civil Grand Jury interviewed officials from nine cities: Atherton, Brisbane, Daly City, Half Moon Bay, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside. Instead of interviewing the nine remaining cities directly, the Grand Jury spoke with an official from the RethinkWaste JPA. Each city has one council member on the Board of Directors (RethinkWaste n.d. (no date)). Jurors interviewed San Mateo County twice to gather information on unincorporated areas outside and inside the RethinkWaste service area. Lastly, three haulers were interviewed (Republic Services, Recology of the Coast, and Recology San Bruno) because their cities had incomplete data. Online Public Documents The CalRecycle and California Air Resources Board websites provided the state’s most recent recycling rates and landfill composition. RethinkWaste was the only public entity that disseminated diversion rates for cities and a few unincorporated areas on their agency website. This jurisdiction provided calendar year quarterly records and diversion rates separated by the three property types (single-family, multi-family dwellings, and businesses). This makes comparing performance across cities straightforward. Private Electronic Documents During the investigation, various documents unavailable online were collected. These resources included diversion rate tables, participation rate tables, sample citations, waivers, and non- compliance notices from 2022 to 2023. The Grand Jury asked haulers, city governments, and the County government permission to use this data. Some differences were noted in the ways cities ask haulers to collect data, which made it difficult to compare jurisdictions. A few haulers combine multi-family dwellings’ participation rates with either single-family homes or commercial properties. Other haulers furnish quarterly reports over fiscal years instead of calendar years. DISCUSSION The County’s political, legal, and economic organization largely account for the contrast in diversion and participation rates among the three property types. Based on the 2022 1-Year American Community Survey, 729,181 people live in San Mateo County, down 4.61% from 2020 (U.S. Census Bureau 2022a). Yet, U.S. Census Bureau population estimates for Woodside 233 10 2023-2024 San Mateo County Civil Grand Jury and several unincorporated areas were unavailable in 2021 and 2022. California’s Department of Finance includes these jurisdictions for its January 1, 2024 estimates, putting the total County population at 741,565 people. 61,538 of these residents live in unincorporated communities, and they could be the County’s fifth largest city (2024). This large number of unincorporated residents poses a challenge to County waste management. Source: E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change — January 1, 2023 and 2024 Two special districts and one JPA unite geographically adjacent public agencies to coordinate and plan for waste management. The South Bayside Waste Management Authority (SBWMA), known as RethinkWaste, has 11 member agencies spanning from Burlingame to East Palo Alto. Each city and grouping of unincorporated areas share a single hauler and transfer facility despite having separate franchise agreements. On the coast, the Granada Community Services District (GCSD) and the Montara Water and Sanitary District (MWSD) follow a similar pattern for unincorporated areas exclusively. Jurors will cover these institutions in the next subsection. Multi-family dwellings and single-family homes have unequal responsibilities for organics collection enrollment and proper waste disposal. Residents of single-family homes and multifamily complexes of less than five units individually subscribe to their jurisdiction’s organic waste collection service. In contrast, multi-family dwellings owners or managers are 234 11 2023-2024 San Mateo County Civil Grand Jury responsible for enrolling in organic waste collection services on behalf of tenants and employees. Multi-family dwelling and business owners “must supply and allow access to an adequate number, size, and location of containers” with the correct labels or colors (CalRecycle n.d3.). Furthermore, they must annually educate tenants and employees on proper organic waste sorting. Lastly, owners or managers must distribute information to new tenants within 14 days of occupying the premises (n.d4.). Cities have pursued a policy of maximizing single-family homes’ participation rates. Homeowners in every San Mateo County city benefit from having blue and green carts included in the price of garbage collection (Table 2 links). Unfortunately, tenants countywide do not have green carts included in the price of garbage collection, except in San Bruno (Table 2 links). Hence, rental property owners or managers must add a green cart for the same or discounted price as their gray cart. This barrier to participation poses another threat to the county’s waste diversion efforts. San Mateo County’s tenants play a decisive role in diverting as much waste as possible. In 2022, renters in San Mateo County made up 38.77% (278,126 out of 717,387) of the total population in occupied housing units (U.S. Census Bureau 2022b). Five cities have an owner-occupied population proportion less than the current state baseline of 58.27%. Another seven cities have an owner-occupied population proportion less than the national average of 68.37% (U.S. Census Bureau 2022b). The County’s substantial renter population indicates their waste disposal practices and green cart participation can either enhance or counteract homeowners’ or businesses’ diversion endeavors. Although cities can be commended for expediting green cart enrollment for homeowners, they could have worked with haulers to make tenant organic waste collection easier. 235 12 2023-2024 San Mateo County Civil Grand Jury Sources: 2022 1-Year ACS Data: U.S. Occupied Housing Unit Populations, 2022 1-Year ACS Data: California Occupied Housing Unit Populations, 2022 5-Year ACS Data: City Occupied Housing Unit Populations * = ACS 1-Year Estimate; all other values are from vintage year 2022 from the ACS 2018-2022 5-Year Estimate. See the link for explanation: When to Use 1-year or 5-year Estimates Note: Again, Woodside does not appear on either the 1-Year or 5-Year ACS San Mateo County’s Waste Management Landscape Most haulers currently have franchise agreements with JPAs, cities, and the County to collect, transport, and dispose of waste. Franchise areas consist of municipalities or special districts that use their bulk purchasing power to negotiate waste collection rates with a hauler (SMC Sustainability Department n.d. (no date)). Each of the franchised haulers also operate in unincorporated areas as part of or apart from existing agreements. Kunz Valley Trash has a non- exclusive franchise agreement with San Mateo County (n.d2.), and alongside Peninsula Sanitary Service, Inc., operates solely in unincorporated communities. The following table lists the six haulers operating in San Mateo County, along with their properties. All haulers offer the full range of waste collection; Kunz Valley Trash clients do not have bins and instead must place their waste in bags (n.d1.). 236 13 2023-2024 San Mateo County Civil Grand Jury Table 2. Haulers Serving San Mateo County Cities Legend: * = Unincorporated areas or Special Districts; Bold = Haulers’ local affiliates Haulers Areas Served* Properties Franchise Agreements (Sources: SMC Sustainability Department: Curbside Collection, GreenWaste Service Areas) Atherton Portola Valley Woodside Los Trancos Woods* Sky Londa* Our Facilities - GreenWaste Atherton 2020 Woodside 2019 Kunz Valley Trash (Sources: Kunz Valley Trash: Services, Kunz Valley Trash Service Guide) La Honda* Loma Mar* Pescadero* San Gregorio* Each place is exempt from SB 1383 because of a low-population waiver for census tract 6138 (San Mateo County 2021) Non-Exclusive with San Mateo County (Pending Publication) (Sources: SMC Sustainability Department: Curbside Collection, PSSI: What Belongs in Each Container) Stanford Lands* (includes the SLAC National Accelerator Lab) 237 14 2023-2024 San Mateo County Civil Grand Jury (Sources: SMC Sustainability Department: Curbside Collection, About The Program – RethinkWaste) Coast: Granada Community Services District* Montara Water & Sanitary District* Pacifica San Bruno: San Bruno San Mateo: Ladera* RethinkWaste JPA* San Bruno Transfer Station Granada Community Services District 2018 San Bruno 2023 Montara Water and Sanitary District 2013 RethinkWaste Agreements (Sources: SMC Sustainability Department: Curbside Collection, Republic Services Daly City: Recycling and Trash) Daly City: Broadmoor* Colma Daly City Olympic Country Club* San Bruno Mountain Park* Unincorporated Colma* Half Moon Bay: Half Moon Bay Corinda Los Trancos Landfill Newby Island Daly City 2015 Half Moon Bay 2017 (Sources: SMC Sustainability Department: Curbside Collection, South SF Scavenger Residential) Brisbane Brisbane Quarry* California Golf Club* Country Club Park* Millbrae South San Francisco SFO* SFO - Census tract 9843 - is exempt from SB 1383 (San Mateo County 2021) Blue Line Transfer Station Brisbane 2019 South SF 2013 RethinkWaste covers the most area and population out of all County entities dedicated to waste management. The organizational chart below names the 11 member agencies. The West Bay 238 15 2023-2024 San Mateo County Civil Grand Jury Sanitary District provides waste collection to a handful of accounts in Atherton, East Palo Alto, Menlo Park, Woodside, and Portola Valley (n.d.). RethinkWaste and San Mateo County are the only public entities that own transfer stations - Shoreway Environmental Center and Pescadero Transfer Station, respectively (RethinkWaste n.d., SMC Sustainability Department n.d.). Chart 1. RethinkWaste Member Agencies and Contractors Sources: About – RethinkWaste, Curbside Collection - SMC Sustainability Department Cities and their Properties’ Organic Waste Streams Historically, businesses have generated more refuse than homeowners in the County, even though the latter produces more waste overall. During and after the COVID-19 pandemic, however, single-family homes made more refuse and overall waste than businesses. From 2011- 2019, homeowners in the RethinkWaste JPA diverted more organic waste tons than garbage tons sent to the landfill (Recology San Mateo County 2024, 2023, 2021). The bar chart below also demonstrates that homeowners have continuously recycled more than businesses. In 2020 and subsequent years, though, residences still diverted more waste in spite of overtaking businesses Member Agencies Contractors County Franchised Area Baywood Park (Crystal Springs area), Burlingame Hills, Devonshire Canyon, San Mateo Highlands, Sequoia Tract, Trailer Rancho, Emerald Lake Hills, Harbor Industrial, Kensington Square, Oak Knoll, Peninsula Golf Club, and Palomar Park County Service Area 8 (North Fair Oaks) 239 16 2023-2024 San Mateo County Civil Grand Jury in trash sent to landfill. Employees from Republic Services and RethinkWaste were interviewed to explain why this area of the County has this trend and how it differs from other regions. Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County Annual Report 2022, Recology San Mateo County Annual Report 2020 Note: Atherton was a member of RethinkWaste until January 1, 2021; years before 2021 include their tonnages. RethinkWaste homeowners have higher diversion rates and refuse tons compared to businesses because of takeout and yard waste tonnages. A RethinkWaste representative explained, “We still have a lot of people working from home. We have a lot of businesses that continue to be remote and… are not fully staffed in the way that they were pre-pandemic” (2023). This comment partly reflects two phenomena shown on the chart above. First, it aligns with businesses diverting increased amounts of organic waste throughout the 2010s, only for tonnages to fall in 2020. Second, it accounts for the record organic waste diversion homeowners contributed in 2020. Expanding on the RethinkWaste view, businesses constantly diverted more organic waste throughout the 2010s because people ate at restaurants more often. Similarly, falling unemployment rates during the period (U.S. Bureau of Labor Statistics 2024) meant more workers ate lunch at their jobs. Once more, the chart displays both factors at work because businesses have been steadily increasing their tons of diverted organic waste post-pandemic. As for the homeowners, the unprecedented organic waste diverted in 2020 probably came from 240 17 2023-2024 San Mateo County Civil Grand Jury increased takeout from eateries and bulk purchases from grocery stores. It is obvious these activities existed before the pandemic, but food consumption alone does not explain why single- family homes eclipse businesses in regard to organic waste. Yard trimmings inflate the weight of organic waste for single-family homes in the RethinkWaste JPA and other cities on the bay compared to coastal communities. This was noted by an official from Republic Services - a hauler covering Daly City, Colma, and Half Moon Bay. The official noted, “Even though more residents are participating in recycling, ... [Daly City does] not have the yards that, let’s say, a San Mateo or a Redwood City house [does]” (2024). The interviewee resumed, “Because diversion is calculated based on weights, they don’t have that yard waste, the grass clippings and stuff that add a lot of weight to the material” (2024). Daly City’s 2023 waste statistics support this claim, as recycling, rather than organics, is the majority of diverted material. Half Moon Bay’s single-family homes probably have greater lawn space than Daly City since the opposite is true. Sources: Republic Services Half Moon Bay Q4 2023 Report, Republic Services Daly City Q2 FY 2023-2024 Report *Daly City’s data is from Q1 and Q2 of fiscal year 2023-2024 (July 1, 2023 to January 30, 2024) Note: Data for both cities are not publicly available. Jurors received the information from Republic Services. 241 18 2023-2024 San Mateo County Civil Grand Jury A lack of lawns, gardens, or yards among certain single-family homes does not mean they are stuck with low diversion rates. The Republic Services official made an observation that can apply to all property types, regardless of green space dimensions. Our interviewee stressed that cities “can throw [green] carts out at everybody,” but residents may not use them or contaminate the cart “so much that it becomes trash” (2024). Single-family homes can improve their current organic waste diversion practices just like their counterparts in multi-family dwellings. Nevertheless, Atherton, Portola Valley, and Woodside have an easier job hitting higher diversion rates because of their huge green spaces. Moreover, they are the only cities with a high diversion organic waste processing facility thanks to their hauler’s two-cart system (GreenWaste n.d.). The table below, however, shows that neither green spaces nor a two-cart system recover all organics. Each city has 100% participation in commercial and residential accounts due to the two-cart system, which allows food and refuse in gray carts. An employee from the town of Woodside acknowledged that people “... could be putting food waste into the yard trimmings,” but if they follow the process, “there shouldn’t be contamination” (2024). Likewise, the composting facility may have “residuals that don’t compost and those go to the landfill” (2024). A similar scenario would be waste at the materials recovery facility (MRF) that is not recyclable or compostable, which also gets sent to the landfill. Table 3. Diverted Organic Waste and Trash: Atherton, Portola Valley, and Woodside 2023 Atherton Portola Valley Woodside Trash 1,232.14 tons 1,996.72 tons 2,112.81 tons Food Waste Composted 1,581.16 tons 2,649.88 tons 2,799.38 tons Trash 94.77 tons 1.24 tons 20.35 tons Yard Waste Composted 9,381.98 tons 123.4 tons 2,014.71 tons Source: GreenWaste Annual Summary 2023 Legend: Green = Green Cart Contents, Gray = Gray Cart Contents The exact percentage of yard trimmings or food waste that became trash due to contamination is unknown. But, improper waste sorting is a possibility even in communities with predominantly single-family housing. Atherton, Portola Valley, and Woodside only have 20, 36, and 51 commercial accounts within their boundaries respectively (GreenWaste 2023). Still, these minute figures, compared to the thousands of residential accounts, drastically affected diversion rates. Atherton’s total diversion rate stood at 87.39%, while Portola Valley and Woodside had 60.37% and 69.69%, respectively (GreenWaste 2023). After looking at these statistics, it could be 242 19 2023-2024 San Mateo County Civil Grand Jury deduced that contamination exists in single-family homes and businesses, though one setting may encourage this behavior more than the other. Yard waste may not be the sole determinant of the differences between cities' organic waste diversion. Cities in the northern part of the county have participation rates and waste streams not entirely influenced by yard waste. Daly City and the five cities in the chart below have owner- occupied housing populations above the state average (U.S. Census Bureau 2022a, 2022b). As a result, they have more single-family waste management accounts than commercial and multi- family dwellings combined (South SF Scavenger 2024, San Bruno 2024, Pacifica n.d.). Still, four out of five cities have diversion rates below 45% even though their single-family participation rates are above 90% (South SF Scavenger 2024, San Bruno 2024, Pacifica n.d.). If homeowners truly separate waste better than renters or restaurant clientele, then their efforts should have raised overall diversion rates closer to 50% at least. These cities do not separate waste streams by property type to identify if their single-family homes generate more waste than businesses or multi-family dwellings. Sources: San Bruno - Data on Waste and Recycling Categories 2023, South SF Scavenger 2023 Participation and Diversion Rates, and Pacifica FY 2022-2023 Diversion and Participation Rates * = Pacifica published data based on their fiscal year, which ran from May 2022 to April 2023 243 20 2023-2024 San Mateo County Civil Grand Jury Indeed, giving everyone a green cart or adopting a two-cart model does not mean more organic waste will escape the landfill. Supplying homeowners, renters, and businesses with equal green cart access, and appropriate waste separation, is still important. These fixes are in our Findings and Recommendations sections. The broader point is that SB 1383 compliance works well if cities and counties modify their outreach and recordkeeping practices to bolster organic waste diversion. If San Mateo County and its cities consistently track businesses’ and multi-family dwellings’ waste trends, and base their outreach around this data, then organic waste diversion should be straightforward. Data Discrepancies While not a primary focus of the investigation, the Grand Jury learned of a major discrepancy in the way South San Francisco Scavenger and its client cities compile tonnage data. Brisbane’s 2022 Electronic Annual Report (EAR) to CalRecycle, which measures several compliance activities, puts the diversion rate at 64% (Edgar and Associates 2023a). The hauler contracted a consulting firm, Edgar and Associates, to prepare the report (Interview with Brisbane 2022). When the hauler gave the Grand Jury its diversion rate report for 2023, the metric stood at 39.11% (South SF Scavenger). South San Francisco’s 2022 EAR had dual diversion rates of 74% and 66% (Edgar and Associates 2023b), while the hauler’s 2023 document recorded 42.91% (South SF Scavenger 2024). This report based each cities’ tons and diversion rates, shown in the chart above, on the hauler’s data. Inconsistent diversion rate reporting continued in other cities and communication channels. Brisbane’s “Waste and Recycling” page on its official website asserts that the city diverts “76% of the waste generated by residents and businesses” (n.d.). South San Francisco Scavenger also provided conflicting data with Millbrae’s 2023 diversion rates. The fourth quarter report the hauler sent the city listed a 37.65% diversion rate, but the version they gave to jurors read 54.14% (South SF Scavenger 2023). Cities in the South San Francisco Scavenger area exemplify the risks of relying on haulers too much for data collection. Having conflicting figures for waste diversion does not help cities accurately assess the progress they have made for SB 1383 compliance. Brisbane, Millbrae, and South San Francisco should reconcile tonnage reports with their haulers to verify which figures are correct. Assuming the cities did experience a massive decline in waste diversion in a year, this occurrence would still be unusual. An investigation into diversion rates does not adversely affect the per capita disposal rates these cities send to the state. Fixing these errors is important so city governments know what proportion of all waste is organics, recycling, or garbage over time. It is highly likely these mistakes come from the sophisticated way Edgar and Associates converts the per capita disposal rates to regular diversion rates. They present their equation below. 244 21 2023-2024 San Mateo County Civil Grand Jury Equation 2. Edgar and Associates Diversion Rate Conversion from Per Capita Disposal Rates (Source: Edgar and Associates 2023a) Republic Services, Recology of San Mateo County, and GreenWaste have a much simpler equation that does not involve converting the per capita disposal rate. These haulers merely add the total tons of recycling, organics, and rubbish they collect to get a diversion rate. [(R+O)/(R+O+S)] * 100 = Diversion Rate % R: Recycling tons, O: Organic tons, S: Solid Waste tons (Sources: Republic Services 2024a and 2024b, Recology San Mateo County Q4 2023 Report, GreenWaste 2023) If the difference in calculations explains the unequal diversion rates, the simpler diversion rate formula would be preferable. Cities should negotiate with their haulers to have them compute these percentages in quarterly or annual reports separate from the EAR. Such a change reduces Edgar and Associates’ EAR workload and leaves cities with one reliable waste diversion 245 22 2023-2024 San Mateo County Civil Grand Jury measure. Brisbane, Millbrae, and South San Francisco will also have the opportunity to compare their metrics with fellow governments that use the same methods. The simpler method, using Scavenger’s tons, should yield the same diversion rates jurors obtained in the last chart. If diversion rates are unequal because of varying tonnage measurements from the hauler, cities should investigate Scavenger’s transfer station scales. Scavenger’s 2023 fourth quarter report to Millbrae had 1,116.78 tons more in its total tonnage than in the annual report it gave to jurors. Another scenario would be that the hauler gave the Grand Jury and Millbrae different data. Either way, Millbrae (and its sister cities, if applicable) should scrutinize weights measured at the transfer station to pinpoint if Scavenger furnishes contradictory data. In the previous graph, five cities were included as not dividing their waste streams by property type. Atherton, Portola Valley, and Woodside are similar in this regard because they only divide recyclables by single-family homes and businesses (GreenWaste 2023). We recommend cities of the GreenWaste, South San Francisco Scavenger, Recology of the Coast, and Recology San Bruno areas begin dividing their data by the three property types. The County cannot continue having contradictory forms of waste generation reporting. Aggregate waste reports prevent local governments from seeing how severely economic turmoil causes businesses’ diversion rates to tumble. On the same note, South San Francisco, Recology of the Coast, and Recology San Bruno cities do not know how serious renter turnover might affect multi-family diversion rates. Cities in these hauler areas should have a comfortable transition into segregating organics, recycling, and solid waste streams by three property types. Pacifica, Atherton, Portola Valley, Woodside, and Brisbane have owner-occupied housing populations larger than the national average. Meanwhile, South San Francisco, San Bruno, and Millbrae have owner-occupied housing populations larger than the state average. In other words, these cities are mostly residential, and their haulers can discern where refuse and organic tons originate. If haulers have the technical and infrastructural capabilities to portray a waste management story, cities should not be in the dark. Jurors and cities had to ask haulers for either participation rates or diversion rates throughout the investigation. If haulers and cities do not have the resources necessary to split waste into three property types, they can come up with a long-term plan to do so. Currently, jurisdictions must conduct “annual visual inspections” called “route reviews,” in which they randomly inspect “containers for contamination on all collection routes” (CalRecycle n.d2.). Following these inspections, jurisdictions must “notify all generators on the sampled hauler routes and provide education on proper material separation” (n.d2.). In San Mateo County, Republic Services, Recology of the Coast, and South San Francisco Scavenger “lid flip” bins to check for contamination (Interviews 2024). Republic Services leaves tags on contaminated residential bins and calls businesses and multi-family dwellings about it (Interviews 2024). 246 23 2023-2024 San Mateo County Civil Grand Jury Waste evaluations are conducted at least in two distinct seasons of the year [per 14 CCR section 18984.5(c)]” (CalRecycle n.d2.). If jurisdictions find more than 25% contamination in any container type, they can perform “a targeted route review of containers… to determine sources of contamination (n.d3.). Later, they notify and provide education to those generating contamination” (n.d3.). Local governments should increase the frequency of waste evaluations, specifically on routes with high levels of contamination. Jurisdictions will use their outreach capabilities more efficiently this way. All documentation of route reviews must be stored in the state’s Implementation Record (CalRecycle n.d2.). Some of the information included are Notices of Violation and penalty order copies. These documents must be accompanied by a list of dates acknowledging entities have complied with warnings or sanctions (CalRecycle n.d2.). Jurisdictions must include “a description of the hauler route and addresses covered by a route review” (n.d2.). Instead of simply preserving time sensitive data, the Grand Jury suggests jurisdictions analyze past and current contamination trends in problem routes. Cities that struggle splitting diversion rates and waste tons by property type can use this method to track their progress at minimizing organic waste contamination. Perhaps cities will improve their organic waste diversion results if they implement these changes. Local governments cannot leave their residents in the dark as well. If citizens pay for waste collection service, they have the right to know how well each property type separates waste. None of the entities interviewed, except RethinkWaste, had copies of annual or quarterly waste reports on their government websites. Brisbane, Woodside, and Pacifica are some examples of cities that had no idea why their haulers do not separate waste by three property types (2024). Jurors propose cities publish any past, present, and future waste statistics on their government websites following this report’s release. The Civil Grand Jury recommends setting a waste reporting standard across the County. Without a common measurement, cities might not reduce 75% of organic waste disposal from 2014 levels by 2025. Jurors understand the state imposed this goal on itself and not on individual jurisdictions. Nonetheless, if the County adopts a mentality of consistently increasing diversion rates, citizens will reap the social savings. If cities keep increasing the price of garbage collection (DiNapoli 2024, Mata 2024) for the same amount of landfill tons, then methane emissions will not abate. Barriers Exclusive to Businesses and Multi-Family Dwellings Multi-family dwellings and businesses cannot match the participation and diversion rates of single-family homes due to socioeconomic and infrastructural problems. One Sustainability 247 24 2023-2024 San Mateo County Civil Grand Jury Department official said since “tenants sometimes cycle in and out every year… the resources involved to do… outreach [for] a multi-family building” is very “intensive” (2024). Another important component is that residents who live in apartments with trash chutes “have to find different ways to compost or set up bins in separate areas” (2024). Meanwhile, businesses may welcome irregular clients who “don’t know what the rules are” (2024). In spite of these disadvantages, multi-family dwellings in the RethinkWaste area have steadily increased their compost and recycling tons over the last decade (Recology San Mateo County 2024, 2023, 2021). Some city governments have even worked around these problems altogether. Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County Annual Report 2022, Recology San Mateo County Annual Report 2020 Rising recycling and organic tons for multi-family dwellings over the years indicate that tenants strive to segregate waste properly. Unlike businesses, waste generation in multi-family dwellings does not rise and fall based on economic booms or busts. Crucially, renter turnover has not created drastic ebb and flow patterns for tonnage. Aside from landlord willingness, building age is very likely to be multi-family dwellings’ greatest barrier to increasing green bin participation. According to the U.S. Census Bureau, 65.36% of existing renter-occupied housing units are from before 1980 (2022c). Cities must consider the difficulty of setting up green bins among older apartment buildings using trash chutes. 248 25 2023-2024 San Mateo County Civil Grand Jury San Bruno pursues a novel strategy for multi-family dwellings’ organic waste collection compared to other cities. A Recology of San Bruno official finds that larger apartment complexes have a harder time complying. The hauler works with landlords to find the best location for green carts “to make it very simple for the residents” (2024). Better yet, the local government treats “multi-family as residential, and there is no cost for the multi-families in San Bruno to participate” (2024). Including green bin service in the price of standard refuse collection has brought 73% of multi-family dwellings in compliance with SB 1383 (San Bruno 2024). As of March 13, 2024, 109 multi-family dwellings remain non-compliant (Recology of San Bruno). Interviews with several cities confirm that they require new property developments to provide enough space for the three-cart system. Pacifica, Daly City, Millbrae, and all RethinkWaste cities have their planning departments partner with haulers to review building plans (2024). A South San Francisco city employee stated that the city and hauler reviews waste enclosure spaces for new businesses but not multi-family dwellings (2024). Given that Woodside does not have multi- family dwellings, the city scrutinizes building plans for new commercial properties only (2024). City officials from Brisbane and Half Moon Bay were uncertain about how municipal departments handle new development reviews (2024). If cities can prepare future infrastructure with the waste enclosures they need, it should be possible for them to start doing the same for existing, non-compliant multi-family dwellings. RethinkWaste is already ahead of the curve on this front and hopes to build on the San Bruno model. On March 14, 2024, RethinkWaste’s Technical Advisory Committee (TAC) announced that Recology of San Mateo “was open to a town hall format” to increase participation. At the next TAC meeting, the agency declared it will send invitational emails to businesses and multi- family dwellings for “virtual or in-person” SB 1383 compliance presentations held in June (2024). It is unknown at this point if any landlords or business owners have accepted such invitations or if the agency has begun holding these meetings. RethinkWaste presently makes phone calls and letters to non-compliant property types (2024). City employees from Brisbane, South San Francisco, and Daly City have disclosed that outreach activities include releasing newsletters, emails, and social media posts (2024). A Half Moon Bay staff member reported that the city received a grant from CalRecycle to give non-compliant businesses green bins across downtown (2024). A Recology of the Coast official says they distribute flyers and mailers and work with a compliance officer in Pacifica (2024). The Civil Grand Jury appreciates the massive resource and labor mobilization from haulers and cities to perform these activities. Yet, these actions have consumed significant time in relation to meaningful effects. The scatter plots and tables below for jurisdictions inside and outside the RethinkWaste area describe the unfinished participation progress for multi-family dwellings and 249 26 2023-2024 San Mateo County Civil Grand Jury businesses. Even if the visual data included properties with waivers, hauler data reveals that many properties are still without organics collection. Daly City, Half Moon Bay, and their hauler, Republic Services, did not give the Grand Jury reliable participation rate data. Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County February 2024 Participation Rate Tables (see Appendix) 250 27 2023-2024 San Mateo County Civil Grand Jury Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County February 2024 Participation Rate Tables (see Appendix) Both scatter plots affirm the assumption that high participation rates to organic waste collection does not increase the share of organic waste in total tonnages. The weak coefficients of determination (R2) tell us that green bin enrollment explains less than 50% of changes in organic waste proportions for businesses and multi-family dwellings. Multi-family dwellings in the RethinkWaste area have the most alarming statistic: less than 10% of their total waste tons are organic waste. It would appear that cities may have consciously or unconsciously prioritized one property type over another. For instance, San Mateo County enrolled twice as many multi-family dwellings for green cart service in the County Franchised Area (CFA) than its businesses. The scatter plots also reveal that San Mateo County has stranded North Fair Oaks in the SB 1383 compliance process. Businesses and multi-family dwellings in the community have the lowest participation rates and organic waste proportions in the entire RethinkWaste JPA. It is unacceptable for a County tract with a compact area to have less resources than its neighbors. At the Discussion’s onset, the hurdles unincorporated regions pose for compliance were described. North Fair Oaks has similar participation statistics like its coastal counterparts in the Granada Community Services District (GCSD) and Montara Water and Sanitary District (MWSD). RethinkWaste and San Mateo County can combine their resources to level the playing field within the JPA. 251 28 2023-2024 San Mateo County Civil Grand Jury Table 4. Recology San Bruno Participation Rates 2023 Source: Recology of San Bruno Interview Table 5. Brisbane, Millbrae, and South San Francisco Participation Rates Source: Source: South SF Scavenger 2023 Participation and Diversion Rates 252 29 2023-2024 San Mateo County Civil Grand Jury Table 6. Recology of the Coast Participation Rates FY 2022-2023 Source: Recology of the Coast Interview One recommendation is that RethinkWaste and non-JPA cities have a mass enrollment summit for multi-family dwellings and businesses. Solving the problem means holding these meetings at regular intervals until there is 100% green cart participation rate for both property types. On-site enrollment, rather than virtual presentations, holds property managers and business owners accountable. Public agencies need to receive input from the parties to address the troubles keeping them from enrolling. Cities, the County, and RethinkWaste can advise these individuals on cost-effective green cart adoption. Jurisdictions should explicitly state that monetary penalties are inevitable unless they attend these green bin enrollment summits. If renters perfectly segregated their waste, a high percentage of the stream would be organic material, much like that of homeowners. Daly City’s multi-family dwellings, surprisingly, were the only ones in the County to have higher diversion rates than single-family homes thanks to thousands of diverted tons of organic waste. Multi-family dwellings diverted 57% of their waste while single-family homes diverted 48% (Republic Services 2024a). When interviewed, a representative from Republic Services said that an arduous program explained the phenomenon. Presently, the hauler pulls “organics out of the trash,” which is “not a very good” and “costly system” (2024). The representative predicted the “program is likely going… away, so we’ll be doing something different with our multifamily” (2024). 253 30 2023-2024 San Mateo County Civil Grand Jury Sources: Republic Services Half Moon Bay Q4 2023 Report, Republic Services Daly City Q2 FY 2023-2024 Report *Daly City’s data is from Q1 and Q2 of fiscal year 2023-2024 (July 1, 2023 to January 30, 2024) Note: Data for both cities are not publicly available. Jurors retrieved the information by requesting it from Republic Services. Despite this inefficient system causing high diversion rates for multi-family dwellings, it proves that tenants generate more organic waste than rubbish. Jurisdictions should not consider getting renters to sort waste properly a lost cause, for this data proves that contamination is responsible for low diversion rates. High subscription rates for green cart service and apartment buildings with distant waste enclosures contribute to low participation rates. The Sustainability Department interviewee remarked, “Sometimes these landlords…vary in how easy they are to implement things like [organic waste collection]” (2024). The official added, “especially if it hits their bottom line about increased costs for adding compost to recycling service” (2024). It is highly recommended that haulers put signage on green carts if they do not have this practice already. 254 31 2023-2024 San Mateo County Civil Grand Jury Sources: Recology San Mateo County Q4 2023 Report Sources: Recology San Mateo County Q4 2023 Report 255 32 2023-2024 San Mateo County Civil Grand Jury FINDINGS F1. High green cart enrollment costs and insufficient bin space are the dominant contributors to low participation rates among multi-family dwellings and businesses. F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste. F3. City, County, and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant. F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste. F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites. F6. Assessing progress on organic waste diversion in Atherton, Brisbane, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports. F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations. F8. Brisbane, South San Francisco, and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements. RECOMMENDATIONS R1. Beginning March 1, 2025, cities, the County, and RethinkWaste should host regular in- person green cart enrollment summits for non-compliant businesses and multi-family dwellings, and identify other new compliance strategies. R2. Beginning January 1, 2025, Brisbane, South San Francisco, and Millbrae should investigate their Electronic Annual Report contractor’s diversion rate conversion formulas and their hauler’s waste scales. 256 33 2023-2024 San Mateo County Civil Grand Jury R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate. R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites. R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports. R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often. R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress. R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. REQUESTS FOR RESPONSES Pursuant to Penal Code 933.05 the Grand Jury requests responses from the following governing bodies. Jurisdiction Findings Recommendations Town of Atherton 2, 4, 5, 6, 7 4, 5, 6, 7 City of Brisbane 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Daly City 1, 2, 3, 4, 5, 7 1, 4, 8 City of Half Moon Bay 1, 2, 3, 4, 5, 7 1, 4, 8 City of Millbrae 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Pacifica 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8 RethinkWaste JPA 1, 2, 3, 4, 5, 7 1, 4, 8 257 34 2023-2024 San Mateo County Civil Grand Jury City of San Bruno 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8 San Mateo County 1, 2, 3, 4, 5, 7 1, 4, 8 City of South San Francisco 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 Town of Woodside 2, 4, 5, 6, 7 4, 5, 6, 7 The governing bodies indicated above should be aware that the comment or response of the governing body must be subject to the notice, agenda, and open meeting requirement of the Brown Act. RESPONSE REQUIREMENTS California Penal Code Section 933.05 provides the following regulations (emphasis added). 1.) For purposes of subdivision of Section 933, as to each Grand Jury finding, the responding person or entity shall report one of the following: a.) The respondent agrees with the finding. b.) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the disputed finding and shall include an explanation of the reasons. 2.) For purposes of subdivision of Section 933, as to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: a.) The recommendation has been implemented, with a summary regarding the implemented action. b.) The recommendation has yet to be implemented but will be implemented in the future, with a timeframe for implementation. c.) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall be at most six months from the Grand Jury report's publication date. d.) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. 258 35 2023-2024 San Mateo County Civil Grand Jury GLOSSARY CalRecycle (California Department of Resources Recycling and Recovery) State department formed in 2010 that manages recycling and waste management programs to reduce waste and reuse all materials. Enforces the Integrated Waste Management Act and Beverage Container Recycling and Litter Reduction Act so Californians can use less, recycle more, and take resource conservation to higher and higher levels. (Source: About Us CalRecycle) County Service Area County Service Areas (CSAs) are entities that provide government services by counties within unincorporated areas. It allows communities to fund a service by charging a direct assessment or property-related fee for services such as water and/or sewer service, road and/or drainage maintenance, street lighting, fire protection and/or landscaping. The County Board of Supervisors acts as the governing body for the County Service Areas. (Source: Special Districts in San Mateo County) Disposal-Related Activities Alternative daily cover (ADC) and Alternative intermediate cover (AIC) The use of materials to cover disposed waste in a landfill cell at the end of the landfill operating day (daily cover) or at some other interval (intermediate cover) to control odors, fire, vectors, litter, and scavenging. Green and non-green ADC exist. Engineered Municipal Solid Waste (EMSW), waste-tire derived fuel, and other beneficial reuse (construction or landscaping) at landfills (such as construction activities, landscaping, and erosion control). Transformation The use of incineration, pyrolysis, distillation, or biological conversion to combust unprocessed or minimally processed solid waste to produce electricity. Transformation does not include gasification, composting, or biomass conversion. (Source: State of Disposal and Recycling in California for Calendar Year 2022) Franchise Area Franchised areas are communities where municipalities or special districts have used their bulk purchasing power to negotiate rates with a hauler to provide waste collection services. (Source: Curbside Collection - SMC Sustainability Department) 259 36 2023-2024 San Mateo County Civil Grand Jury High Diversion Organic Waste Processing Facilities (HDPFs) “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025 as calculated pursuant to Section 18815.5(e) fo r organic waste received from the “Mixed Waste Organic Collection Stream” as defined in Section 17402(a)(11.5). (Source: Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, § 18982) Joint Powers Authority (JPA) A joint powers agency (JPA) consists of two or more public agencies that jointly exercise any power common to both through a joint powers agreement or contract. The agreement may set up a governing board composed of representatives of the contracting agencies and defines the JPA's governance and functions. (Source: Joint Powers Agencies Providing Municipal Services in San Mateo County) Milton Marks “Little Hoover” Commission The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, is an independent state oversight agency created in 1962. The Commission’s mission is to investigate state government operations and policy, and – through reports and legislative proposals – make recommendations to the Governor and Legislature to promote economy, efficiency and improved service in state operations. In addition, the Commission has a statutory obligation to review and make recommendations on all proposed government reorganization plans. (Source: About the Commission) Organic Waste “Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. (Source: Short-Lived Climate Pollutants, Cal. Code Regs. tit. 14 § 18982 (2020)) RethinkWaste (South Bayside Waste Management Authority) In 1982, eleven local governments (Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, San Mateo, San Mateo County and the West Bay Sanitary District) in San Mateo County formed RethinkWaste, AKA the South Bayside Waste Management Authority (SBWMA). It is a joint powers authority that owns and manages the Shoreway Environmental Center in San Carlos, California. The site receives all the 260 37 2023-2024 San Mateo County Civil Grand Jury recyclables, green waste and garbage collected from the Member Agencies. Other responsibilities include supporting and managing service providers that collect, process, recycle and dispose of materials on behalf of the JPA. (Source: About RethinkWaste) BIBLIOGRAPHY Brisbane, Cal., n.d. “Waste and Recycling.” Accessed June 10, 2024. https://www.brisbaneca.org/publicworks/page/waste-and-recycling. Browning, Corey. 2022. “New Compost Requirements in San Mateo County.” San Mateo Daily Journal, August 11, 2022. https://www.smdailyjournal.com/news/local/new-compost- requirements-in-san-mateo-county/article_8baa7ce6-45f6-11ec-9be7-8325579e56c6.html. California Air Resources Board. 2023. “California Greenhouse Gas Emissions from 2000 to 2021: Trends of Emissions and Other Indicators.” Released December 14, 2023. https://ww2.arb.ca.gov/sites/default/files/2023-12/2000_2021_ghg_inventory_trends.pdf. California Air Resources Board. 2019. “Aerial methane survey finds a fraction of point sources responsible for more than a third of California’s methane emissions.” Released November 6, 2019. https://ww2.arb.ca.gov/news/aerial-methane-survey-finds-fraction- point-sources-responsible-more-third-californias- methane#:~:text=According%20to%20the%20survey%2C%20just,of%20California's%2 0total%20methane%20emissions. California Department of Finance. 2024. “E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change - January 1, 2023 and 2024.” Released May 1, 2024. https://dof.ca.gov/forecasting/demographics/estimates-e1/. California Department of Finance. 2022. “E-4 Population Estimates for Cities, Counties, and the State, 2011–2020, with 2010 Census Benchmark.” Last Revised May 2022. https://dof.ca.gov/wp-content/uploads/sites/352/Forecasting/Demographics/Documents/E- 4_2010-2020-Internet-Version.xlsx. California Department of Finance. 2012. “E-4 Population Estimates for Cities, Counties, and the State, 2001–2010, with 2000 & 2010 Census Counts.” Last Revised November 9, 2012. https://dof.ca.gov/wp- content/uploads/sites/352/Forecasting/Demographics/Documents/E4_2000- 2010_Report_Final_EOC_000.xlsx. 261 38 2023-2024 San Mateo County Civil Grand Jury California Health and Safety Code § 39711 (2014). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&divisio n=26.&title=&part=2.&chapter=4.1.&article=. California Health and Safety Code § 39730.6 (2016). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&secti onNum=39730.6. California Public Resources Code § 41780 (1989). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sectionNum =41780. California Public Resources Code § 42652.5 (2022). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sectionNum =42652.5. CalRecycle. 2024. “State of Disposal and Recycling in California for Calendar Year 2022.” Released February 8, 2024. https://www2.calrecycle.ca.gov/Publications/Download/1907. CalRecycle. 2022a. “2021 Disposal Facility-Based Waste Characterization Data Tables.” Released November 2022. https://www2.calrecycle.ca.gov/Docs/Web/122544. CalRecycle. 2022b. “Countywide, Regionwide, and Statewide Jurisdiction Diversion/Disposal Progress Report.” Accessed May 9, 2024. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DiversionDisposal. CalRecycle. 2021. “State of Disposal and Recycling in California for Calendar Year 2020.” Released December 28, 2021. https://www2.calrecycle.ca.gov/Publications/Download/1754. CalRecycle. 2020. “State of Disposal and Recycling in California for Calendar Year 2018.” Released April 6, 2020. https://www2.calrecycle.ca.gov/Publications/Download/1453. CalRecycle. n.d1. “Department-Approved Waivers for Reporting Entities.” Accessed May 5, 2024. https://calrecycle.ca.gov/organics/slcp/waivers/approved/#LPWcities. CalRecycle. n.d2. “Jurisdiction Enforcement.” Accessed June 21, 2024. https://calrecycle.ca.gov/organics/slcp/enforcement/jurisdiction/. CalRecycle. n.d3. “New Statewide Mandatory Organic Waste Collection.” Accessed May 19, 2024. https://calrecycle.ca.gov/organics/slcp/collection/. 262 39 2023-2024 San Mateo County Civil Grand Jury DiNapoli, Alyse. 2024. “Garbage rates are set to jump in San Mateo.” San Mateo Daily Journal, April 18, 2024. https://www.smdailyjournal.com/news/local/garbage-rates-are-set-to- jump-in-san-mateo/article_87aa257e-eb21-11ee-a6a5-2f28cac97939.html. D’Souza, Shereen. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 28:31-28:44. https://www.youtube.com/watch?v=CJbMlCaI9lc. Edgar and Associates, Inc. 2023a. “City of Brisbane Annual Report 2022.” Published August 1, 2023. Edgar and Associates, Inc. 2023b. “City of South San Francisco Annual Report 2022.” Published August 1, 2023. Granada Community Services District. n.d. “Sewer Authority Mid-Coastside.” Accessed June 11, 2024. https://granada.ca.gov/sewer-authority-mid-coastside. GreenWaste. 2023. “2023 Annual Summary.” Accessed March 19, 2024. GreenWaste. n.d. “Base Services and Example Service Scenarios.” Accessed April 5, 2024. Kunz Valley Trash. n.d1. “Pricing Increase/Franchise Addition.” Accessed June 11, 2024. https://www.kunzvalleytrash.com/flyer.pdf. Kunz Valley Trash. n.d2. “Services.” Accessed June 11, 2024. https://www.kunzvalleytrash.com/services.asp. Mata, Ana. 2024. “Redwood City set to hike garbage rates.” San Mateo Daily Journal, March 7, 2024. https://www.smdailyjournal.com/news/local/redwood-city-set-to-hike-garbage- rates/article_2926b68c-d6b5-11ee-9986-9f933c36af5a.html. Pacifica. n.d. “Below are the tonnages collected by Recology from May, 2022 through April 2023.” Released April 30, 2024. Recology San Mateo County. 2024. “Quarterly Report to the SBWMA for 4th Quarter 2023.” Released December 30, 2024. Recology San Mateo County. 2023. “Annual Report to the SBWMA for Year 2022.” Released February 14, 2023. https://rethinkwaste.org/wp-content/uploads/2023/04/RSMC-Annual-Report- 2022.pdf. 263 40 2023-2024 San Mateo County Civil Grand Jury Recology San Mateo County. 2021. “Annual Report to the SBWMA for Year 2020.” Released February 14, 2021. https://rethinkwaste.org/wp-content/uploads/2021/02/Recology-Annual- Report-2020.pdf Republic Services. 2024a. “Quarterly Report for the City of Daly City Second Quarter Fiscal Year 2023/24.” Released January 30, 2024. Republic Services. 2024b. “Quarterly Report for the City of Half Moon Bay Fourth Quarter Calendar Year 2023.” Accessed April 2, 2024. RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” May 9, 2024. https://rethinkwaste.org/wp-content/uploads/2024/05/RethinkWaste-TAC-Packet- 05092024.pdf. RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” March 14, 2024. https://rethinkwaste.org/wp-content/uploads/2024/03/RethinkWaste-TAC-Packet- 03142024.pdf. RethinkWaste. n.d. “About.” Accessed May 5, 2024. https://rethinkwaste.org/about/rethinkwaste/about/. San Bruno. 2024. “City of San Bruno Data on Waste and Recycling Categories.” Released March 13, 2024. San Mateo County. 2021. “Low Population Waiver Application for Unincorporated Portions of Counties (Special Districts Providing Solid Waste Collection Services): 9843 and 6138.” Signed December 21, 2021. San Mateo County Civil Grand Jury. 2019. “Planning for the County’s Waste Management Challenges.” Released July 30, 2019. https://www.sanmateo.courts.ca.gov/system/files/waste_management.pdf. San Mateo County Sustainability Department. 2024. “Disposable Food Service Ware Ordinance.” Updated April 2024. https://www.smcsustainability.org/waste- reduction/foodware#start-dates. San Mateo County Sustainability Department. 2022. “Frequently Asked Questions.” Updated July 2022. https://www.smcsustainability.org/waste-reduction/foodware/facilities/faq/. 264 41 2023-2024 San Mateo County Civil Grand Jury San Mateo County Sustainability Department. n.d. “Curbside Collection.” Accessed May 14, 2024. https://www.smcsustainability.org/waste-reduction/curbside-collection/. San Mateo Local Agency Formation Commission (LAFCo). n.d. “Joint Powers Agencies Providing Municipal Services in San Mateo County.” Accessed May 18, 2024. https://www.smcgov.org/lafco/joint-powers-agencies-providing-municipal-services-san-mateo- county. Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, §§ 18982, 18984.2, 18984.9, 18984.11, 18984.12, 18993.1, 18993.3, 18997.2 (2020). https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations ?guid=IB9B3A3D35B4D11EC976B000D3A7C4BC3&originationContext=documenttoc &transitionType=Default&contextData=(sc.Default)&bhcp=1. South San Francisco Scavenger. 2024. “2023 Participation and Diversion Rates.” Compiled March 16, 2024. South San Francisco Scavenger. 2023. “Quarterly Report: Period Ending December 31, 2023.” Accessed April 2, 2024. U.S. Bureau of Labor Statistics. 2024. “Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis.” Last Updated May 3, 2024. https://fred.stlouisfed.org/series/UNRATE. U.S. Census Bureau. 2022a. “ACS Demographic and Housing Estimates: San Mateo County, California.” Accessed May 16, 2024. https://data.census.gov/table?g=050XX00US06081&y=2022. U.S. Census Bureau. 2022b. “Total Population in Occupied Housing Units by Tenure by Year Householder Moved Into Unit: San Mateo County, California.” Accessed May 22, 2024. https://data.census.gov/table/ACSDT1Y2022.B25026?q=san%20mateo%20county%202022&t= Year%20Householder%20Moved%20Into%20Unit. U.S. Census Bureau. 2022c. “Physical Housing Characteristics for Occupied Housing Units.” Accessed June 9, 2024. https://data.census.gov/table/ACSST1Y2022.S2504?q=san%20mateo%20county&t=Year%20Str ucture%20Built&y=2022. West Bay Sanitary District. n.d. “Areas of Coverage.” Accessed June 11, 2024. https://westbaysanitary.org/about-us/areas-of-coverage/. 265 42 2023-2024 San Mateo County Civil Grand Jury Wagoner, Rachel Machi. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 57:00-57:11. https://www.youtube.com/watch?v=CJbMlCaI9lc. APPENDIXES A. GreenWaste Annual Summary 2023 B. Republic Services Daly City Q2 FY 2023-2024 Report C. Republic Services Half Moon Bay Q4 2023 Report D. San Bruno - Data on Waste and Recycling Categories 2023 E. South SF Scavenger 2023 Diversion Rates F. Pacifica FY 2022-2023 Diversion Rates G. Recology San Mateo County February 2024 Participation Rate Tables 266 43 2023-2024 San Mateo County Civil Grand Jury Appendix A GreenWaste Annual Summary 2023 267 44 2023-2024 San Mateo County Civil Grand Jury 268 45 2023-2024 San Mateo County Civil Grand Jury 269 46 2023-2024 San Mateo County Civil Grand Jury Appendix B Republic Services Daly City Q2 FY 2023-2024 Report 270 47 2023-2024 San Mateo County Civil Grand Jury Appendix C Republic Services Half Moon Bay Q4 2023 Report 271 48 2023-2024 San Mateo County Civil Grand Jury Appendix D San Bruno - Data on Waste and Recycling Categories 2023 272 49 2023-2024 San Mateo County Civil Grand Jury Appendix E South SF Scavenger 2023 Diversion Rates 273 50 2023-2024 San Mateo County Civil Grand Jury Appendix F Pacifica FY 2022-2023 Diversion Rates 274 51 2023-2024 San Mateo County Civil Grand Jury Appendix G Recology San Mateo County February 2024 Participation Rate Tables 275 52 2023-2024 San Mateo County Civil Grand Jury 276 53 2023-2024 San Mateo County Civil Grand Jury Release Date: July 11, 2024 2023-2024 San Mateo County Civil Grand Jury 277 September 12, 2024 Hon. Amarra A. Lee Judge of the Superior Court c/o Bianca Fasuescu Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Subject: Response to 2023-2024 Grand Jury July 11, 2024 report, “The State of Compost Compliance in San Mateo County” Thank you for the opportunity to review and provide feedback on the Grand Jury's findings. This letter serves as the official response from the City of South San Francisco to the findings and recommendations outlined in the report. Please be advised that this response was approved by the South San Francisco City Council during its meeting on September 11, 2024. FINDINGS F1. High green cart enrollment costs and insufficient bin space are the dominant contributors to low participation rates among multi-family dwellings and businesses. Response to F1 - The City disagrees with this Finding. The City and SSF Scavenger work with multi-family dwellings and businesses on waste analysis to determine reduced size of grey cart for landfill if green bin is added, therefore reducing the cost and ensuring compliance with SB 1383 requirements. Regarding insufficient cart space, there is an option to waive green cart enrollment with a Physical Space Waiver for accounts that demonstrate that the premises lacks adequate space for the collection containers; the City of South San Francisco has issued 20 Physical Space waivers. F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste. Response to F2 - The City agrees with this Finding; correct sorting at the source does maximize diversion. If there is significant contamination, the cart/bin is tagged and not serviced, which encourages re-sorting at the source. In the case of minimal contamination, our hauler’s de- packaging system can assist in extracting organic materials. CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER 278 F3. City, County, and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant. Response to F3 - The City agrees with this Finding. Extensive outreach (such as phone calls, multi-lingual letters, site visits, instructional signs, tote bags, kitchen pails, recycling guides, newsletters, social media campaigns and in-person training sessions) has previously been conducted and is ongoing. The City can increase enforcement at this point. F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste. Response to F4 - The City agrees with this Finding. F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites. Response to F5 - The City agrees with this Finding. As far as staff are aware, there is no requirement from CalRecycle for jurisdictions to provide this information; we are awaiting confirmation from their staff. CalRecycle’s website provides jurisdictional data including diversion rates. If the City had received requests for diversion and participation rates by citizens, the City would have provided the data to them. We will make data available on City website per R4 below. F6. Assessing progress on organic waste diversion in Atherton, Brisbane, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports. Response to F6 - The City partially disagrees with this Finding. Progress can be assessed in different ways. As far as we are aware, CalRecycle does not require reporting by property type; we are awaiting confirmation from their staff. The hauler tracks progress using lid flipping to monitor contamination levels, participation rates across the entire customer base, and overall diversion by tonnage across all waste streams. F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations. Response to F7 - The City agrees with this Finding. Lid flipping has been the primary way to identify contamination. Our hauler is currently sampling organic waste streams for contamination, and they follow up with any generators that have contamination. F8. Brisbane, South San Francisco, and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements. Response to F8 - The City disagrees with this Finding. The methodology of calculating diversion rate as reported in the EAR (Electronic Annual Report) is as required by the State of California and has been used consistently so trends over time can be observed. The tonnage the 279 hauler collects and diverts feeds into the jurisdiction diversion rate calculated in the EAR. Since the Grand Jury used a completely different formula, it is to be expected that they would have a different result. RECOMMENDATIONS R1. Beginning March 1, 2025, cities, the County, and RethinkWaste should host regular inperson green cart enrollment summits for non-compliant businesses and multi-family dwellings, and identify other new compliance strategies. Response to R1 - The recommendation will not be implemented. The hauler already goes directly to the generators site to make hands-on recommendations and provide education. R2. Beginning January 1, 2025, Brisbane, South San Francisco, and Millbrae should investigate their Electronic Annual Report contractor’s diversion rate conversion formulas and their hauler’s waste scales. Response to R2 - The recommendation has been implemented. It has been verified that the haulers scales are accurate. R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate. Response to R3 - The recommendation has been implemented. It has been verified that the haulers scales are accurate. R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites. Response to R4 - The recommendation will be implemented. The City will post annual diversion and participation rates from our Electronic Annual Report required by CalRecycle on the City’s website by November 30 each year. R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports. Response to R5 - The recommendation will not be implemented. All waste generators that are non-compliant or contaminate waste streams are targeted individually. If data was to be split into categories there is a significant grey area in making the determination between commercial vs. multifamily vs. residential. For example, mixed-use properties with retail on the ground floor and housing above. 280 R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often. Response to R6 - The recommendation has been implemented. The hauler conducts waste reviews and revisits problem addresses. The hauler has found commercial front load bins for organics and recycling to be most problematic and therefore has focused on this type. R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress. Response to R7 - This recommendation has yet to be implemented but will be implemented in the future. The City will work with its hauler to analyze problematic routes’ past and present contamination trends to track their progress starting May 1, 2025 or earlier. R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. Response to R8 - This recommendation has been implemented. The hauler provides various sized bins for organic waste, including various sized carts (32gal - 96gal) and front-end load style (1yd - 4yd). For multi-family dwellings, the City and hauler also provide small kitchen pails to help with transport of organic waste to make the green bins more usable. Please reach me at (650) 877-8502 if there are any questions regarding this matter. Sincerely, Sharon K. Ranals City Manager Cc: Grand Jury email (sent via email to grandjury@sanmateocourt.org) South San Francisco City Clerk 281 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-878 Agenda Date:9/11/2024 Version:1 Item #:15a. Resolution approving the City Council’s response to the San Mateo County Civil Grand Jury Report,dated July 11,2024,entitled,“The State of Compost Compliance in San Mateo County”and authorizing the City Manager to send the response letter on behalf of the City Council. WHEREAS,pursuant to California Penal Code section 933.05,a public agency which receives a Grand Jury Report (“Report”)addressing aspects of the public agency’s operations,must respond to the Report’s findings and recommendations contained in the Report in writing within 90 days to the Presiding Judge of the San Mateo County Superior Court; and WHEREAS,the City Council has received and reviewed the San Mateo County Civil Grand Jury Report, dated July 11, 2024, entitled “The State of Compost Compliance in San Mateo County”; and WHEREAS, the City Council has reviewed the findings of the Civil Grand Jury Report; and WHEREAS, the City Council has reviewed the recommendations of the Civil Grand Jury Report; and WHEREAS,the City of South San Francisco and SSF Scavenger Co.,Inc.,the City’s solid waste franchisee hauler, has implemented R2, R3, R6, and R8; and WHEREAS,the City of South San Francisco and SSF Scavenger Co.,Inc.have not yet implemented R4 and R7,but will be implemented in the near future.The date of completion will be November 30 annually beginning in 2024 for R4. The date of completion will be on or before May 1, 2025, for R7. WHEREAS,the City Council has reviewed and considered the response to the Civil Grand Jury,which is attached hereto as Exhibit A. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of South San Francisco hereby approves the City Council’s response to the San Mateo County Civil Grand Jury Report,dated July 11, 2024,entitled,“The State of Compost Compliance in San Mateo County”as set forth in Exhibit A attached to this Resolution and incorporated herein. BE IT FURTHER RESOLVED,that the City Council of the City of South San Francisco hereby authorizes the City Manager to send the response letter to the Presiding Judge of the Superior Court of San Mateo County on behalf of the City Council. ***** City of South San Francisco Printed on 9/12/2024Page 1 of 1 powered by Legistar™282 September 12, 2024 Hon. Amarra A. Lee Judge of the Superior Court c/o Bianca Fasuescu Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Subject: Response to 2023-2024 Grand Jury July 11, 2024 report, “The State of Compost Compliance in San Mateo County” Thank you for the opportunity to review and provide feedback on the Grand Jury's findings. This letter serves as the official response from the City of South San Francisco to the findings and recommendations outlined in the report. Please be advised that this response was approved by the South San Francisco City Council during its meeting on September 11, 2024. FINDINGS F1. High green cart enrollment costs and insufficient bin space are the dominant contributors to low participation rates among multi-family dwellings and businesses. Response to F1 - The City disagrees with this Finding. The City and SSF Scavenger work with multi-family dwellings and businesses on waste analysis to determine reduced size of grey cart for landfill if green bin is added, therefore reducing the cost and ensuring compliance with SB 1383 requirements. Regarding insufficient cart space, there is an option to waive green cart enrollment with a Physical Space Waiver for accounts that demonstrate that the premises lacks adequate space for the collection containers; the City of South San Francisco has issued 20 Physical Space waivers. F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste. Response to F2 - The City agrees with this Finding; correct sorting at the source does maximize diversion. If there is significant contamination, the cart/bin is tagged and not serviced, which encourages re-sorting at the source. In the case of minimal contamination, our hauler’s de- packaging system can assist in extracting organic materials. CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER 283 F3. City, County, and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant. Response to F3 - The City agrees with this Finding. Extensive outreach (such as phone calls, multi-lingual letters, site visits, instructional signs, tote bags, kitchen pails, recycling guides, newsletters, social media campaigns and in-person training sessions) has previously been conducted and is ongoing. The City can increase enforcement at this point. F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste. Response to F4 - The City agrees with this Finding. F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites. Response to F5 - The City agrees with this Finding. As far as staff are aware, there is no requirement from CalRecycle for jurisdictions to provide this information; we are awaiting confirmation from their staff. CalRecycle’s website provides jurisdictional data including diversion rates. If the City had received requests for diversion and participation rates by citizens, the City would have provided the data to them. We will make data available on City website per R4 below. F6. Assessing progress on organic waste diversion in Atherton, Brisbane, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports. Response to F6 - The City partially disagrees with this Finding. Progress can be assessed in different ways. As far as we are aware, CalRecycle does not require reporting by property type; we are awaiting confirmation from their staff. The hauler tracks progress using lid flipping to monitor contamination levels, participation rates across the entire customer base, and overall diversion by tonnage across all waste streams. F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations. Response to F7 - The City agrees with this Finding. Lid flipping has been the primary way to identify contamination. Our hauler is currently sampling organic waste streams for contamination, and they follow up with any generators that have contamination. F8. Brisbane, South San Francisco, and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements. Response to F8 - The City disagrees with this Finding. The methodology of calculating diversion rate as reported in the EAR (Electronic Annual Report) is as required by the State of California and has been used consistently so trends over time can be observed. The tonnage the 284 hauler collects and diverts feeds into the jurisdiction diversion rate calculated in the EAR. Since the Grand Jury used a completely different formula, it is to be expected that they would have a different result. RECOMMENDATIONS R1. Beginning March 1, 2025, cities, the County, and RethinkWaste should host regular inperson green cart enrollment summits for non-compliant businesses and multi-family dwellings, and identify other new compliance strategies. Response to R1 - The recommendation will not be implemented. The hauler already goes directly to the generators site to make hands-on recommendations and provide education. R2. Beginning January 1, 2025, Brisbane, South San Francisco, and Millbrae should investigate their Electronic Annual Report contractor’s diversion rate conversion formulas and their hauler’s waste scales. Response to R2 - The recommendation has been implemented. It has been verified that the haulers scales are accurate. R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate. Response to R3 - The recommendation has been implemented. It has been verified that the haulers scales are accurate. R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites. Response to R4 - The recommendation will be implemented. The City will post annual diversion and participation rates from our Electronic Annual Report required by CalRecycle on the City’s website by November 30 each year. R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports. Response to R5 - The recommendation will not be implemented. All waste generators that are non-compliant or contaminate waste streams are targeted individually. If data was to be split into categories there is a significant grey area in making the determination between commercial vs. multifamily vs. residential. For example, mixed-use properties with retail on the ground floor and housing above. 285 R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often. Response to R6 - The recommendation has been implemented. The hauler conducts waste reviews and revisits problem addresses. The hauler has found commercial front load bins for organics and recycling to be most problematic and therefore has focused on this type. R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress. Response to R7 - This recommendation has yet to be implemented but will be implemented in the future. The City will work with its hauler to analyze problematic routes’ past and present contamination trends to track their progress starting May 1, 2025 or earlier. R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. Response to R8 - This recommendation has been implemented. The hauler provides various sized bins for organic waste, including various sized carts (32gal - 96gal) and front-end load style (1yd - 4yd). For multi-family dwellings, the City and hauler also provide small kitchen pails to help with transport of organic waste to make the green bins more usable. Please reach me at (650) 877-8502 if there are any questions regarding this matter. Sincerely, Sharon K. Ranals City Manager Cc: Grand Jury email (sent via email to grandjury@sanmateocourt.org) South San Francisco City Clerk 286 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-889 Agenda Date:9/11/2024 Version:1 Item #:16. Report regarding the formation of the Eastern Neighborhoods CFD.(Christina Fernandez,Deputy City Manager;Jason Wong,Deputy Finance Director;Noah Christman,Lighthouse Public Affairs;Brian Forbath,Stradling Law;Susan Goodwin, Goodwin Consulting Services) City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™287 1 File #: 24-673 Version: Agenda Date: 09/11/2024 Item #: TITLE Report regarding the formation of the Eastern Neighborhoods Community Facilities District (Christina Fernandez, Deputy City Manager; Jason Wong, Deputy Finance Director; Noah Christman, Lighthouse Public Affairs; Daniel Jacobson, Fehr & Peers; Susan Goodwin, Goodwin Consulting Group; and Brian Forbath, Stradling,Yocca,Carlson,& Rauth) RECOMMENDATION It is recommended City Council receive an update on the Eastern Neighborhoods Community Facilities District (CFD) and continue the process with a subsequent City Council meeting adopting a Resolution of Intention, setting forth the City’s intention to establish a CFD. BACKGROUND The City of South San Francisco is proudly known as the Industrial City and the Birthplace of Biotechnology. Both uses have intensified over the years with the East of 101 as an economic hub in San Mateo County. Land uses range from life science and biotechnology to light industrial manufacturing and warehousing. Despite the variety of uses, the future success of this economic engine requires modernization and investment in transportation infrastructure to remain economically competitive. In 2019, the City began efforts to improve and modernize transportation infrastructure East of Highway 101 through the creation of the East of 101 CFD. Despite having sufficient property owner support, the COVID-19 pandemic created economic uncertainty for all stakeholders. Thus, these efforts were put on hold with the intention of restarting efforts post-pandemic. In 2022, the City participated in the Oyster Point Mobility Vision Plan, an employer led effort by Oyster Point property owners. This effort provided property owners the opportunity to give their feedback on potential transportation improvements East of Highway 101. These meetings provided the City the opportunity to hear directly from Oyster Point property owners on their transportation needs. These meetings recommended with the City’s transportation master plans laid the groundwork for a new iteration of a Community Facilities District renamed the Eastern Neighborhoods Community Facilities District. The need for infrastructure improvements East of 101 remains as it did in 2019. At the time, the City anticipated employment growth of 55,000 workers by 2040, a near doubling of employment growth. Despite a global pandemic, the City’s General Plan now estimates a near tripling of employment growth of 101,000 workers East of 101 by 2040. Existing infrastructure is insufficient to handle this growth as it was built for lower intensity industrial uses. The private sector has expressed a desire to modernize streets to move people safely and efficiently, providing world-class active transportation and transit infrastructure. 288 2 Recommended Traffic and Transit Solutions The Eastern Neighborhoods CFD (CFD) is made up of projects supported by plans already adopted by the City including the General Plan, Active South City, and Mobility 20/20. The CFD priority list includes feedback received from the Oyster Point Mobility Steering Committee. Modifications were also made in response to stakeholder feedback received during an extensive outreach process. The CFD takes a holistic approach to address the needs of everyone traveling in the East of 101 Area – including walking, biking, transit, auto, and freight. A key goal of the CFD is to improve safety and efficiency for all transportation modes. One example of this is the creation of transit only lanes that separates commuter shuttles and SamTrans buses from traffic congestion. Another priority goal is for the CFD to benefit everyone, regardless of where a property is located. With these goals in mind, the prioritization of the project list was made possible with extensive stakeholder engagement, analysis by transportation planning firm, Fehr & Peers, and thorough review by City staff. Fehr & Peers, in coordination with City staff, prepared complete street studies of all major street corridors East of 101, culminating in the preparation of conceptual designs identifying improvement measures for each street. These key changes improved safety, access, throughput, and connections. The study of all the major street corridors identified include the modernization of Oyster Point, East Grand, Gateway, Forbes, South Airport, and Utah, access to Caltrain, new streets and trails. The Study Corridors may be found in Figure 1 below. 289 3 Figure 1 – Transportation Study Corridors 290 4 Improving the City’s bicycle and pedestrian facilities is another key goal for our East of 101 area. The bicycle facility study identified 5.4 miles of new separated bikeways and trails and adds or improves eight bikeway connections across Highway 101. (Figure 2). Figure 2 – Bicycle Network 291 5 Transit connectivity is key to the success of the modernization of the East of 101 area and emphasized in all of the City’s adopted transportation planning master plans. Caltrain’s new electrified service plan will double service frequency at South San Francisco Station beginning on September 21st, 2024. Prioritizing bus and shuttle connections along key transit routes such as Oyster Point, East Grand, and South Airport will help funnel riders to and from Caltrain. The CFD would create 1.6 miles of transit only lanes, 24 bus stop upgrades, and access improvements at the South San Francisco Caltrain Station and the South San Francisco Ferry Terminal. (Figure 3). Figure 3 – Transit Priority Corridors 292 6 Two high priority corridors, Oyster Point Boulevard and the East Grand Avenue Corridors, were identified by transportation planners and the Oyster Point Mobility Vision Plan as key areas of study. Improvements to these corridors will benefit all modes of travel, including cars, transit, bicycles, and pedestrians. The CFD will also accelerate roadway rehabilitation efforts in the East of 101 area by repaving all city streets, approximately 17 miles (Figure 4) Figure 4 – Roadway Rehabilitation 293 7 Pedestrian improvements incorporating wider sidewalks, landscaping, curb extensions, high-visibility crosswalks, median refuge islands, gap closures, traffic calming, and other features create walkable neighborhoods East of 101. Pedestrian improvements would occur throughout the East of 101 Area, especially focusing along key corridors and nodes consistent with the Active South City Plan (Figure 5). Figure 5- Pedestrian Priority Corridors 294 8 Priority Project List As a result of a comprehensive study of the City’s major transportation corridors East of 101, the most significant and impactful projects were prioritized (Figure 6). These projects are also identified and supported by the City’s master transportation planning documents: General Plan, Active South City, and Mobility 20/20. Many of these projects were also identified as priority projects by the Oyster Point Mobility Steering Committee as well as conversations with local stakeholders. The cost of implementing these projects is estimated to be between $150-$180 million. Figure 6 – Priority Projects 295 9 Tier I Projects Tier I Projects include Roadway Rehabilitation, Oyster Point Boulevard Corridor Improvements, East Grand Avenue Corridor Improvements, Caltrain Station Area Improvements, Forbes Boulevard/Harbor Way Improvements, Poletti Way Improvements, and Gateway Boulevard/Corporate Drive Improvements. Roadway Rehabilitation: • Structural improvements and repaving of all city streets (approximately 17 miles) in the East of 101 area. • Estimated Cost: $20,000,000 (2024 dollars); $31,000,000 (2035 dollars) Caltrain Station Area Improvements • Addresses needs identified in the City’s Caltrain Access Study, including improvements to bicycle and pedestrian facilities, the freeway offramp, traffic signals, and the creation of a new shuttle-only ramp. • Estimated Cost: $16,850,000 (2024 dollars); $27,600,000 (2035 dollars) E. Grand/Caltrain Station Improvements Rendering 296 10 Forbes Blvd/Harbor Way Improvements • Closing gaps in trails and the addition of new signals north of East Grand to connect with existing trails along Forbes Blvd. and Eccles Ave. Pedestrian and bicycle improvements continue on Harbor Way between East Grand Ave. and the new Railroad Ave. • Estimated Cost: $13,290,000 (2024 dollars); $21,720,000 (2035 dollars) Poletti Way Improvements • Creates a Class I bike and pedestrian path between the Bay Trail and the Caltrain Station and a dedicated bus lane between Corporate Dr. and Grand Ave. • Estimated Cost: $6,500,000 (2024 dollars); $10,700,000 (2035 dollars) Poletti Way Improvements Rendering 297 11 Oyster Point Blvd Corridor Improvements • Adds westbound bus lanes, a two-way protected bikeway, and pedestrian improvements. Bike and pedestrian facilities extend as a shared-use path over US-101. Road is widened east of Veterans Blvd. • Estimated Cost: $29,100,000 (2024 dollars); $47,650,000 (2035 dollars) Oyster Point Boulevard Improvements Rendering Gateway Blvd. (North of Grand) & Corporate Drive Improvements • Closes gaps in pedestrian connectivity along Gateway Blvd. and improves street signals. Formalizes Corporate Dr. as city street to provide an alternative route to East Grand Avenue. • Estimated Cost: $5,700,000 (2024 dollars); $9,300,000 (2035 dollars) 298 12 East Grand Avenue Corridors Improvements • Adds bus lanes, a protected bikeway, and pedestrian improvements. Road is widened east of Forbes Blvd./Harbor Way. • Estimated Cost: $20,650,000 (2024 dollars); $33,800,000 (2035 dollars) East Grand Avenue Corridors Improvement Rendering Tier II Projects South Airport & Gateway (South of Grand) Improvements • Adds a two-way protected bikeway and new pedestrian improvements to close a gap in the Bay Trail. • Estimated Cost: $28,950,000 (2024 dollars); $47,300,000 (2035 dollars) 101 Overcrossing and Tanforan/Shaw Connection • Adds a trail crossing over US-101 that connects the Bay Trail with the South Linden Ave. grade separation. • Estimated Cost: $14,850,000 (2024 dollars); $24,280,000 (2035 dollars) Trail Gap Closures • Establishes multi-use trails along the abandoned rail corridor and Colma Creek, primarily south of the Railroad Ave. 299 13 corridor. • Estimated Cost: $9,550,000 (2024 dollars); $15,650,000 (2035 dollars) Utah Avenue Improvements • Implements a road diet and improves intersections to increase vehicular safety and adds pedestrian improvements and a separated bikeway. • Estimated Cost: $10,200,000 (2024 dollars); $16,700,000 (2035 dollars) Utah Avenue Improvements Rendering Produce Avenue/Airport Boulevard (North of Produce) • Adds a traffic signal for the US-101 offramp and onramp. Creates roadway improvements at the Produce Ave./San Mateo Ave./Airport Blvd. intersection. Creates a new bike and pedestrian trail along Produce Ave., transitioning to separated bikeway on Airport Blvd. • Estimated Cost: $13,800,000 (2024 dollars); $22,550,000 (2035 dollars) Tertiary Priority Railroad Avenue Creation • Creates a new street and bike/pedestrian trail along the existing rail corridor between Sylvester Rd. and Littlefield Ave. Redesigns the intersection at East Grand Ave. and Littlefield Ave. Extends the new trail under US-101.Estimated Cost: $22,000,000 (2024 dollars); $36,000,000 (2035 dollars) 300 14 DISCUSSION The City of South San Francisco has seen a variety of industries over its 100-year history. From meatpacking and steel production to biotechnology and pharmaceuticals, the City has adapted to meet the ever-changing needs of business. Still affectionately known as the Industrial City, the City is also now home to over 250 biotechnology and life science companies and is also known as the Birthplace of Biotechnology. The City’s ability to adapt has played a key role in its success as an economic driver in the region. South San Francisco remains committed to fostering healthy business relationships, and upon Council’s direction in March, embarked on an extensive outreach listening session to better understand the challenges facing our business community and to engage with businesses to find solutions. Conversations included sharing shared challenges and potential solutions. The potential CFD area is shown as Figure 7. To meet with 332 property owners covering 479 parcels, the City retained the services of Lighthouse Public Affairs, which is well known for their expertise in business and community outreach. Outreach was a multiphase effort spanning from March through August. In March, a mailer was sent to all property owners and the CFD website, ssf- cfd.com, was launched. In mid to late March, Lighthouse, in consultation with staff, also reached out to property owners through emails, calls, and by going door-to-door. In April, the City hosted six community town halls both virtually and in-person during mid-day and evening hours. This was followed by individual follow up conversations to evaluate stakeholder feedback. A second round of outreach took place in May and June with another round of mailed letters and mass door-to-door outreach to all property owners for whom we’d not yet connected with, the City hosting another six community town halls, dozens of one-on-one follow up meetings, and targeted door knocking. Staff continues to meet with property owners and tenants to answer questions and respond to their concerns. 301 15 Figure 7 - Potential CFD Boundary Map 302 16 Property Owner and Tenant Feedback The vast majority of property owners agree that traffic is an issue, especially congested along the main corridors of Oyster Point Boulevard and East Grand Avenue. There is also consensus across all industry types of a need for greater road safety and improvements. Pavement maintenance was also singled out as a concern. Most biotechnology and life science companies agree that there is a need for safer corridors, new pavement, and better connectivity throughout the cluster. Life Science would also like to see all transportation modes prioritized. The return to work may have been slower than anticipated, however, many biotechnology companies are seeing more congestion in the hub, especially mid-week. There also appears to be a desire for connectivity via bike and pedestrian walkways throughout the cluster to allow employees to leave for lunch and walk to nearby restaurants and amenities on other campuses. City staff have also heard from large tenants who indicate that their employees enjoy using alternate modes of transportation to commute to work and utilize public transportation and the Bay Trail. Warehouse and Industrial uses would also like to see safer corridors and new pavement throughout the East of 101. Many industrial/warehouse property owners indicate that they are facing many financial burdens, especially for smaller property owners and their tenants. Warehouse/Industrial property owners also feel that they are paying too much in taxes. Two property owners indicated that this initiative was designed to push out industrial uses. Some hotel owner/operators see a value in the CFD and benefits it provides to their guests and extends to their employees. Finding front line employees is very difficult in the hotel industry and improvements to transportation infrastructure can make it easier to hire and retain employees in difficult-to-hire positions. Other hoteliers do not wish to add an additional tax line item onto guests’ hotel bills. In response to the feedback received from industrial property owners, the City tailored the rate for a more equitable assessment such that smaller property owners would pay less than larger industrial property owners. Industrial/warehouse will be broken down by square foot of developed area. Buildings with less than 25,000 square feet would pay an annual rate of $0.05 per square foot. For the next 25,000 square feet, they would pay an annual rate of $0.10 per square foot. And for any additional area above 50,000 square feet, the property would be assessed at $0.15 per square foot annually. The breakdown of land use type by square footage by land use types are shown in Figure 8 below. 303 17 Figure 8 — Breakdown of Warehouse/Industrial Versus Other Land Uses 304 18 Financial Model Based upon the feedback received from the business community, below is the recommended CFD financial assessment by business sector: Land Use Type Square Footage Maximum Annual Tax Rate (per square foot) Life Science/Office Any $0.65 Residential Any $0.25 Warehouse/Industrial/Hotel/Other Commercial >50,000 $0.15 25,001–50,000sf $0.10 ≤25,000sf $0.05 Assuming this financial model, the CFD could issue 30-year bonds to raise approximately $118 million, dedicated exclusively to improving transportation and transit which benefits the CFD area. With the escalating revenue stream, and assuming a 6% interest rate. The assessment proposed is for 35 years, providing the predictable revenue stream to support bonding for construction costs. Assessment of Business Support The CFD currently maintains 1,159 total voting acres, with 765 voting acres being required to hit the 66% approval threshold. Currently, 32% of the total voting acres are unknown and therefore listed as unknown. Individualized outreach to these voters, as well as any voters who have yet to provide a firm response in support or opposition of the CFD, is ongoing. Feedback collected through numerous meetings with businesses showed strong support for the City’s efforts to address current and future mobility needs, in general, with more specific comments centering on the cost of the proposal based on type of business. How to Form a Community Facilities District (CFD) Pursuant to the Mello-Roos Community Facilities Act of 1982 (“Mello-Roos Act”), a CFD is a defined geographic area in which the City is authorized to levy annual special taxes to be used to either finance directly the costs of specified public improvements and/or public services, or to pay debt service on bonds issued to finance the public improvements, as well as to pay costs of administering the CFD. CFD formation can be initiated either by a local agency or via a written petition from the registered voters or owners within a proposed district. 305 19 City staff has engaged the services of Goodwin Consulting Group, Inc. (Goodwin) to perform advisory services relating to all aspects of initiating and forming the CFD. Goodwin has prepared Mello-Roos cash flow analyses as various special tax structures and amounts have been considered and has provided City staff with guidance about alternatives available under the Mello-Roos Act. Additionally, Goodwin will take on the role of Special Tax Consultant and prepare the “Rate and Method of Apportionment of Special Tax” (RMA) as part of the CFD formation process. Goodwin has drafted a term sheet outlining the current deal points, which is attached hereto as Attachment B. Once these deal points are finalized, Goodwin will incorporate the points into the RMA. When the initial participants in the CFD have been confirmed, Goodwin will also prepare the CFD Boundary Map, which will ultimately be recorded with the County Recorder after the first legislative action. The process of establishing a CFD requires at least four City Council meetings: Meeting Number One: Adoption of two resolutions: a Resolution of Intention (ROI) setting forth the City’s intention to establish the CFD, designating the name of the CFD, identifying the services and facilities to be funded by the CFD, stating the City’s intention to levy a special tax annually on property within the CFD to pay for these services and facilities, and approving the Rate and Method of Apportionment of Special Tax (RMA) for the CFD, which details how the special tax will be levied on properties within the CFD and sets the maximum special tax rates that can be levied within the CFD. The ROI also sets the date for the required public hearing (30 to 60 days later) on the matters set forth in the ROI. The second resolution, a Resolution of Intention to Incur Indebtedness, sets forth the Council’s intention to issue bonds supported by the special taxes. This resolution also sets a public hearing for the same date. Meeting Number Two: Hold the noticed public hearings at a City Council meeting. Following the public hearings, the City Council is presented with two resolutions: a resolution forming the CFD, and a resolution calling the special tax election (90 to 180 days later) by the landowner voters within the CFD. Between meeting number two and meeting number three, ballots will be distributed to owners of property within the CFD. The materials distributed will include information about the proposed uses of the special tax revenue, the proposed tax rates, the requirements for approval of the CFD, and the method and deadline for returning ballots. Meeting Number Three: Opening and counting of ballots. If the CFD gains the required number of votes for passage, the City Council will adopt a Resolution Confirming Results of Special Election and introduce an ordinance ordering the levy of special taxes within the CFD. Meeting Number Four: Hold a second reading to adopt the special tax ordinance ordering the levy of special taxes within the CFD. After formation of the CFD, a special tax is levied annually on taxable properties that are located within the boundaries of the CFD. FISCAL IMPACT The formation and administration of the CFD will be paid through revenues generated by the CFD and therefore, have no direct fiscal impact on the City’s General Fund. RELATIONSHIP TO THE STRATEGIC PLAN The creation of an Eastern Neighborhoods Community Facilities District meets the city’s strategic goals of 306 20 promoting and preserving the economic vitality of the City. CONCLUSION Traffic remains a top threat to the viability of the business environment in South San Francisco. Economic growth is here, and will continue, bringing with it opportunities and benefits, but also increased transportation challenges. The Eastern Neighborhoods CFD is the City and the business community’s opportunity to come together with a thoughtful, comprehensive solution to ensure that businesses continue to prosper for decades to come. Staff seeks Council feedback and direction concerning possible formation of Eastern Neighborhoods Community Facilities District (CFD), and if appropriate, scheduling of associated City Council meetings to move forward with formation. ATTACHMENTS 1.Engineering Diagrams for Priority Project List 2.Draft Term Sheet for RMA 3.CFD Presentation 307 Attachment 1 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 Term Sheet: Rate and Method of Apportionment of Special Tax for the Proposed East of Highway 101 CFD Outlined below is the preliminary Term Sheet for the proposed East of Highway 101 Community Facilities District (“CFD”) to be established within the City of South San Francisco (the “City”). The Rate and Method of Apportionment of Special Tax (the “RMA”) shall be drafted consistent with the provisions below, subject to approval by the City Council. Assignment to Special Tax Categories [Capitalized term to be defined in RMA] Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Taxable Parcels in the CFD. In order to identify Taxable Parcels, the Administrator shall confirm the buildings in the CFD for which a Building Permit has been issued. The Administrator shall then identify the Residential Square Footage, Warehouse/Industrial Square Footage, and Other Non-Residential Square Footage on each Taxable Parcel. The Square Footage Categories shall be classified based on City GIS or Building Permit information, County land use codes, site visits, or other sources of information. Ta ble 1 Special Tax Categories Square Footage Category Land Use Class Residential Square Footage For-Sale Residential and Rental Residential Warehouse/Industrial Square Footage Warehouse and Industrial Property Other Non-Residential Square Footage Office, R&D, Retail, Hotels, & Other Commercial Maximum Special Taxes Once the Square Footage Category has been identified, the Maximum Special Tax for each Taxable Parcel shall be determined based on reference to Table 2 below. Ta ble 2 Maximum Special Tax for Taxable Property Square Footage Category Maximum Special Tax* Residential Square Footage $0.XX per Square Foot Warehouse/Industrial Square Footage First 25,000 SF: $0.XX per Square Foot Middle 25,001 to 50,000 SF: $0.XX per Square Foot Above 50,000 SF: $0.XX per Square Foot Other Non-Residential Square Footage $0.XX per Square Foot *The Maximum Special Tax rates shown above for each Square Footage Category shall escalate as set forth in the “Changes to the Maximum Special Tax” section below. DR A F T Attachment 2 326 Changes to the Maximum Special Tax 1. Annual Escalation of the Maximum Special Tax The Maximum Special Tax rates identified in Table 2 are applicable for fiscal year 2024-25. Beginning July 1, 2025 and each July 1 thereafter, the Maximum Special Taxes shall be increased by an amount equal to two percent (2%) of the amount in effect in the prior Fiscal Year. 2. Changes in Land Use on a Taxable Parcel If Square Footage on a Parcel that had been taxed as Residential Square Footage, Warehouse/Industrial Square Footage, or Other Non-Residential Square Footage in a prior Fiscal Year is rezoned or otherwise changes Land Use, the Administrator shall calculate the Maximum Special Tax for the Assessor’s Parcel based on the new Land Use(s). If the amount determined is greater than the Maximum Special Tax that applied to the Assessor’s Parcel prior to the Land Use Change, the Administrator shall increase the Maximum Special Tax to the amount calculated for the new Land Uses. If the amount determined is less than the Maximum Special Tax that applied prior to the Land Use Change, there will be no change to the Maximum Special Tax for the Assessor’s Parcel. Under no circumstances shall the Maximum Special Tax on any Taxable Parcel be reduced, regardless of changes in Land Use or Square Footage on the Parcel, including reductions in Square Footage that may occur due to demolition, fire, water damage, or acts of God. In addition, if a Taxable Building within the CFD that had been subject to the levy of Special Taxes in any prior Fiscal Year becomes all or part of an otherwise Exempt Use, the Parcel(s) shall continue to be subject to the Maximum Special Tax that had applied to the Parcel(s) before they became an Exempt Use. Method of Levy of the Special Tax Each Fiscal Year, the Special Tax shall be levied Proportionately on each Taxable Parcel up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied on Taxable Parcels is equal to the Special Tax Requirement. “Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay principal and interest on Bonds that are due in the calendar year that begins in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds, (iii) create and/or replenish reserve funds for the Bonds to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities. The amounts referred to in clauses (i) and (ii) of the preceding sentence may be reduced in any Fiscal Year by: (i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against such costs pursuant to the Indenture; (ii) in the sole and absolute DR A F T 327 discretion of the City, proceeds received by the CFD from the collection of penalties associated with delinquent Special Taxes; and (iii) any other revenues available to pay such costs as determined by the Administrator. Collection of Special Tax The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted and provided further that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods. The Special Tax shall be levied and collected from the first Fiscal Year in which an Assessor’s parcel is designated as a Taxable Parcel until the principal and interest on all Bonds have been paid, the City’s costs of constructing or acquiring Authorized Facilities from Special Tax proceeds have been paid, and all Administrative Expenses have been paid or reimbursed. Notwithstanding the foregoing, the Special Tax shall not be levied on any Square Footage in the CFD for more than thirty-five (35) Fiscal Years, except that a Special Tax that was lawfully levied in or before the final Fiscal Year and that remains delinquent may be collected in subsequent Fiscal Years. Exemptions Special Taxes shall not be levied in any Fiscal Year on the following: (i) Public Property, except Taxable Public Property, (ii) Owners Association Property, except Taxable Owners Association Property, (iii) Welfare Exemption Property, except Taxable Welfare Exemption Property, (iv) Parcels that are owned by a public utility for an unmanned facility, (v) Parcels that are subject to an easement that precludes any other use on the Parcel, and (vi) for purposes of levying the Special Tax, Parcels that have fully prepaid the Special Tax obligation assigned to the Parcel. Prepayment of Special Tax The Special Tax obligation applicable to a Parcel in the CFD may be fully prepaid or partially prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. Interpretation of the RMA The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA. DR A F T 328 City Council Meeting | 6HSWHPEHU2024 THE EASTERN NEIGHBORHOODSCFD 32 9 Agenda •CFD Recap •Eastern Neighborhoods CFD •Updated project list •What we’ve heard •Proposed rates •Timeline •Q&A 33 0 •CFD = community facilities district •Regulated by California law •A special tax district in which property owners tax themselves to fund critical infrastructure improvements •Requires a 2/3 vote in favor •CFD ≠property tax •Rate, conditions, timeline and other details are determined by the city or agency proposing the CFD •Highly flexible in what can be funded and how targeted the investments are CFD 101 33 1 Eastof 101 Growth 2019 35,000 Employees 2024 45,000 Employees 2040 101,000 Employees 10,000 Residents Hotels, restaurants, and services 33 2 Planning Efforts 2018 2020 2022 2024 Complete Streets Corridor Plans Initial CFD Planning CFD Planning Restarts 33 3 •Holistic plan: all projects work together and no transportation mode is more important than any another. •Improve safety and access for all. •Everyone benefits, regardless of where your property is located. •Projects are proposed across the Eastern Neighborhoods area. •Proposed projects are supported by plans already adopted by the City: •General Plan •Active South City •Mobility 20/20 The Proposal 33 4 Proposed CFD Boundaries 33 5 Potential CFD Projects Project List +Conceptual Renderings 33 6 •All major streets in the CFD area repaved (17 miles) Roadway Rehabilitation 33 7 •Transitpriority streets incorporate bus and shuttle service,enhanced bus stops,transit signal priority,and transit lanes Transit Priority Corridors 33 8 •Create walkable ne ighborhoods •Incorporate wider sidewalks, landscaping, curb extensions, high visibility crosswalks and other traffic calming features Pedestrian Priority Corridors 33 9 •Connect regional transit stations via separated bikeways and trails, facilitating local and cross- town travel for people of all ages and abilities Bicycle Corridors 34 0 HATILLWWTHISFUND? Priority Tier Corridor Total Cost ($2024) Total Cost ($2035)Project Summary Tier 1: Top Priority Roadway Reconstruction & Repaving $20,000,000 $31,000,000 Structural improvements andrepaving of all city streets(approximately 17 miles)intheEast of 101 area. Addresses needs identified intheCity’sCaltrain Access Study, including improvements tobicycle and pedestrian facilities, the freeway offramp, traffic signals, and the creation of a new shuttle-only ramp. Closinggaps intrails andtheadditionof newsignalsnorthof East Grandtoconnect withexistingtrails alongForbes Blvd. andEcclesAve.Pedestrian andbicycleimprovementscontinueon Harbor Waybetween East Grand Ave. and the new Railroad Ave. Createsa Class I bike andpedestrian pathbetweentheBayTrailandtheCaltrain Stationanda dedicated bus lane between Corporate Dr. and Grand Ave. Caltrain Station Area $16,850,000 $27,600,000 Forbes/Harbor $13,290,000 $21,720,000 Poletti Way $6,550,000 $10,700,000 Oyster Point $29,100,000 $47,650,000 Gateway (North of Grand) &$5,700,000 $9,300,000 Corporate Drive East GrandAvenue $20,650,000 $33,800,000 Adds westbound bus lanes, a two-way protected bikeway, and pedestrian improvements. Bike and pedestrian facilities extendasa shared-usepathover US-101. Road is widenedeast of VeteransBlvd. Closes gaps in pedestrian connectivity along Gateway Blvd., and improves street signals. Formalizes Corporate Dr. as city street. Addsbus lanes, a protectedbikeway, andpedestrian improvements. Road iswidened eastof Forbes Blvd./Harbor Way. Tier 2: Secondary Priority SouthAirport&Gateway (South of Grand) $28,950,000 $47,300,000 Adds a two-way protected bikeway and new pedestrian improvements to close a gap in the Bay Trail. 101 Overcrossingand Tanforan/Shaw Connection $14,850,000 $24,280,000 Adds a trail crossing over US-101 that connects the Bay Trail with the South LindenAve. grade separation. TrailNetworkGapClosures $9,550,000 $15,650,000 Establishes multi-use trails along the abandoned rail corridor and Colma Creek, primarily southof the Railroad Ave. corridor. Implementsa roaddietandimprovesintersectionstoincreasevehicular safety,andadds pedestrian improvements and a separated bikeway. Adds a traffic signal for the US-101 offramp and onramp. Creates roadway improvements at the Produce Ave./San Mateo Ave./Airport Blvd. intersection.Createsa newbike andpedestrian trailalongProduce Ave., transitioning to separated bikeway on Airport Blvd. Tier 3: Tertiary Priority WidensGull Drivetofourlanesandadds Class IIbike lanesalongit. Utah Avenue $10,200,000 $16,700,000 Produce Avenue/Airport Boulevard (North of $13,800,000 $22,550,000 Produce) Gull Drive $6,500,000 $10,650,000 Railroad Avenue $22,000,000 $36,000,000 Createsa newstreetandbike/pedestriantrailalongtheexistingrail corridor between SylvesterRd.and Littlefield Ave. Redesigns the intersection at East Grand Ave. and Littlefield Ave. Extends the new trail under US-101. $112M($2024) $182M ($2035) $77M ($2024) $126M ($2035) $28M ($2024) $47M ($2035) 34 1 HATILLWWTHISFUND? Priority Tier Corridor Total Cost ($2024) Total Cost ($2035)Project Summary Tier 1: Top Priority Roadway Reconstruction & Repaving $20,000,000 $31,000,000 Structural improvements andrepaving of all city streets(approximately 17 miles)intheEast of 101 area. Addresses needs identified intheCity’sCaltrain Access Study, including improvements tobicycle and pedestrian facilities, the freeway offramp, traffic signals, and the creation of a new shuttle-only ramp. Closinggaps intrails andtheadditionof newsignalsnorthof East Grandtoconnect withexistingtrails alongForbes Blvd. andEcclesAve.Pedestrian andbicycleimprovementscontinueon Harbor Waybetween East Grand Ave. and the new Railroad Ave. Createsa Class I bike andpedestrian pathbetweentheBayTrailandtheCaltrain Stationanda dedicated bus lane between Corporate Dr. and Grand Ave. Caltrain Station Area $16,850,000 $27,600,000 Forbes/Harbor $13,290,000 $21,720,000 Poletti Way $6,550,000 $10,700,000 Oyster Point $29,100,000 $47,650,000 Gateway (North of Grand) &$5,700,000 $9,300,000 Corporate Drive East GrandAvenue $20,650,000 $33,800,000 Adds westbound bus lanes, a two-way protected bikeway, and pedestrian improvements. Bike and pedestrian facilities extendasa shared-usepathover US-101. Road is widenedeast of VeteransBlvd. Closes gaps in pedestrian connectivity along Gateway Blvd., and improves street signals. Formalizes Corporate Dr. as city street. Addsbus lanes, a protectedbikeway, andpedestrian improvements. Road iswidened eastof Forbes Blvd./Harbor Way. Tier 2: Secondary Priority SouthAirport&Gateway (South of Grand) $28,950,000 $47,300,000 Adds a two-way protected bikeway and new pedestrian improvements to close a gap in the Bay Trail. 101 Overcrossingand Tanforan/Shaw Connection $14,850,000 $24,280,000 Adds a trail crossing over US-101 that connects the Bay Trail with the South LindenAve. grade separation. TrailNetworkGapClosures $9,550,000 $15,650,000 Establishes multi-use trails along the abandoned rail corridor and Colma Creek, primarily southof the Railroad Ave. corridor. Implementsa roaddietandimprovesintersectionstoincreasevehicular safety,andadds pedestrian improvements and a separated bikeway. Adds a traffic signal for the US-101 offramp and onramp. Creates roadway improvements at the Produce Ave./San Mateo Ave./Airport Blvd. intersection.Createsa newbike andpedestrian trailalongProduce Ave., transitioning to separated bikeway on Airport Blvd. Tier 3: Tertiary Priority WidensGull Drivetofourlanesandadds Class IIbike lanesalongit. Utah Avenue $10,200,000 $16,700,000 Produce Avenue/Airport Boulevard (North of $13,800,000 $22,550,000 Produce) Gull Drive $6,500,000 $10,650,000 Railroad Avenue $22,000,000 $36,000,000 Createsa newstreetandbike/pedestriantrailalongtheexistingrail corridor between SylvesterRd.and Littlefield Ave. Redesigns the intersection at East Grand Ave. and Littlefield Ave. Extends the new trail under US-101. $112M($2024) $182M ($2035) $77M ($2024) $126M ($2035) $28M ($2024) $47M ($2035) 34 2 34 3 34 4 34 5 34 6 34 7 34 8 34 9 35 0 Outreach Outreach 35 1 •The CFD area has: •980.8 acres •479 parcels, from 0.05 to 23 acres in size •332 property owners •Diversity of property uses: The CFD Area: Large & Diverse •Warehouse •Hotel •R&D Flex •C/I Misc. •Restaurant •Biotech •Financial •Hospital •Auto/Sales Repair •Service Station •Light Manufacturing •Office: Multi-Story •Office: Single-Story •Indoor Recreation •Food Processing •Parking Structure 35 2 What We’ve Done •Created SSF-CFD.com •Two rounds of mailed letters •Two rounds of door-to-door outreach •Two rounds of community town halls (6 per round) •Dozens of 1:1 meetings •Countless emails and calls •Targeted door knocking to unresponsive property owners 35 3 What We’ve Heard •Property owners want: •Safer corridors •Upgraded streets •Better connectivity throughout the area •All transportation modes respected and benefitted 35 4 What We’ve Heard •Property owners are concerned about: •Equitable assessment of rates •Financial burden for property owners and their tenants •Another tax and where that revenue is going •Who is causing the problems •Forcing out land uses •Timeline for implementation 35 5 Moving Forward With Funding 980.8 ACRES 332 PROPERTY OWNERS 479 PARCELS REQUIRES 66.7% VOTE OF PARCEL OWNERS TO PASS VOTES BASED ON LOT SIZE – ONE VOTE PER ACRE OF PARCEL GOVERNED BY CITY COUNCIL WITH E101 ADVISORY PANEL Moving Forward With Funding 35 6 Financial Model 35 7 •Property owners will be assessed a rate per square foot of developed area on their parcels •Proposed initial max. rates (per square foot of developed area): •Life Science & Office:$0.65 •Residential:$0.25 •Warehouse/Industrial/Other •first 25,000sf:$0.05 •second 25,000sf:$0.10 •anything in addition:$0.15 •At these rates, CFD could generate approx.$118M over 30 years Maximum Tax Rates 35 8 Bonds could be issued in Spring 2025 •1st installment in Dec. 2025 •2nd installment in Apr. 202 30 year bond Option to issue another tranche of bonds, if necessary Bonds 35 9 Next Steps 36 0 NEXT STEPS 36 1 Staff seeks Council feedback and direction concerning possible formation of an Eastern Neighborhoods Community Facilities District (CFD), and if appropriate, scheduling of associated City Council meetings to move forward with formation. 36 2 SSF-CFD.com Thank You 36 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1028 Agenda Date:9/11/2024 Version:1 Item #:17. Report regarding an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction"of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.(Marissa Garren, Public Works Management Analyst II) RECOMMENDATION Staff recommends that the City Council waive first reading and introduce an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction"of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. BACKGROUND/DISCUSSION In September 2016,Senate Bill 1383 ("SB 1383")established statewide methane emissions reduction targets to reduce emissions of short-lived climate pollutants.SB 1383 includes statewide goals to reduce the disposal of organic waste (such as food scraps,yard debris,and paper products)and to recover edible food for human consumption. To meet the SB 1383 regulations,jurisdictions throughout the State were required to adopt an ordinance or other similarly enforceable mechanism by January 1,2022.On November 10,2021,the South San Francisco City Council adopted Chapter 8.27,"Mandatory Organic Waste Disposal Reduction,"to Title 8 of the Municipal Code implementing SB 1383's “performance-based”requirements and mandating compliance from organic waste generators,haulers,and other entities.This approach was taken as the City’s initial steps to comply with SB 1383 requirements while the statutory compliance details were being rolled out and clarified. During this time,many SB 1383 details were being clarified before SSF Scavenger staff had a true understanding of standard versus performance-based collection service. Since that time,the SSF Scavenger team has gained further understanding of the “standard”versus “performance based”approach options available under SB 1383.Specifically,it has become clear that the performance-based approach is challenging to implement and not advantageous to the City.While the performance-based approach may be attractive due to having fewer regulatory requirements,it would require that all residential and all commercial waste generators automatically participate in the 3 (or 3+)bin program (grey/garbage,blue/recycling,green/organics).In addition,collected waste material would need to be sent to a high diversion organic waste processing facility.Most facilities in California,including the processing facility utilized by South San Francisco Scavenger,do not qualify.To reach the organic waste diversion goal set by SB 1383 (75%by 2025),it is imperative that waste generators do their part by reducing,reusing,and correctly sorting what remains.Having the City continue efforts with outreach,and provide enforcement,as required under standard collection service,is essential.Thus,conversion from the performance-based approach to the standard approach is beneficial to the City.In particular,City staff and the SSF Scavenger team have been City of South San Francisco Printed on 9/6/2024Page 1 of 3 powered by Legistar™364 File #:23-1028 Agenda Date:9/11/2024 Version:1 Item #:17. standard approach is beneficial to the City.In particular,City staff and the SSF Scavenger team have been working with the City’s designated CalRecycle representative regarding SB 1383 implementation and the transition from performance-based to standard approach,and the State representative is supportive of this change. With this understanding in mind,the City and SSF Scavenger Inc.,Co.,now seek to amend certain requirements under Chapter 8.27 to utilize the “standard”approach for SB 1383 compliance to better tailor solid waste services and operations implemented in South San Francisco for single-family,multi-family,and commercial business waste generators. In summary, these amendments will: ·Clarify terms within the ordinance such as "Designated Source Separated Organic Waste Facility"and "Self-Hauler." ·Improve focus on the adequacy of container capacity and participation in proper sorting practices. Remove specific service level requirements but maintains the need for correct waste separation and prohibits contamination. Maintains language for on-site waste management. ·Streamline requirements by focusing on subscription to waste and recycling collection services and compliance with waste separation protocols,while removing specific service level requirements and exempting Multi-Family Residential Dwellings from some container placement and labeling rules. Maintains language for on-site waste management. ·Discontinue Collection Frequency Waiver;all subscribers to the city’s three-container organic waste collection service are required to adhere to a standard weekly collection schedule for all containers-blue (recyclables),gray (landfill),and green (organics).This frequency waiver will remove the option for trash and recycling collection to occur on a less frequent basis. Overall,these amendments will better align with the current and standard-based regulatory approach for operations,monitoring,enforcement,and reporting carried out by the City and SSF Scavenger Co.,Inc.,for the City of South San Francisco to achieve the 75% organic waste reduction goal by 2025. ENVIRONMENTAL ANALYSIS No additional environmental analysis is required for the proposed Ordinance as it is covered by a previously prepared environmental document.Specifically,this Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations.The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle,and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR.No mitigation measures identified in the EIR are applicable to the City's enactment of this Ordinance.Moreover,none of the conditions requiring a subsequent or supplemental EIR,as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163,have occurred.The EIR therefore adequately analyzes any potential environmental effects of the Ordinance, and no additional environmental review is required. Separately,the Ordinance is exempt from CEQA pursuant to Section 15308,Class 8 of the CEQA Guidelines, as an action that will not have a significant impact on the environment and as an action taken by a regulatory City of South San Francisco Printed on 9/6/2024Page 2 of 3 powered by Legistar™365 File #:23-1028 Agenda Date:9/11/2024 Version:1 Item #:17. as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment,specifically,for the protection of the climate.There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment. FISCAL IMPACT Amending the ordinance has no fiscal impact.The City’s adopted operating budget funding is sufficient to maintain compliance with SB 1383. RELATIONSHIP TO STRATEGIC PLAN This ordinance amendment aligns with the City of South San Francisco's Strategic Plan by supporting the City’s environmental sustainability goals by advancing its commitment to reducing greenhouse gas emissions, promoting responsible waste management,and ensuring compliance with state regulations (Senate Bill 1383), contributing to the City's broader objectives of improving public health,protecting the environment,and promoting a sustainable community for current and future generations. CONCLUSION Staff recommends that the City Council waive first reading and introduce an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction"of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.This ordinance amendment ensures continued compliance with SB 1383,organic waste disposal management,and supports environmental sustainability efforts in South San Francisco. Attachments: 1)Presentation City of South San Francisco Printed on 9/6/2024Page 3 of 3 powered by Legistar™366 Ordinance Amending SSFMC Chapter 8.27 “Mandatory Organic Waste Disposal Reduction” City Council Meeting – Wednesday, September 11, 2024 367 2 What is SB 1383? 368 SB 1383 Timeline 3 369 Proposed Amendments 4 Definitions •Clarifies terms – Designated Source Separated Organic Waste Facility and Self-Hauler. Organics collection enrollment •Amends organics collection for generators from automatic to discretionary. •Removes specific service level/container size for generators and may vary based on level needed. Waivers •Removes Collection Frequency waiver – generators to adhere to weekly collection service. 370 Questions? 371 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. Ordinance amending Chapter 8.27 “Mandatory Organic Waste Disposal Reduction”of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. WHEREAS,the City of South San Francisco,California ("City")is a municipality,duly organized under the constitution and laws of the State of California; and WHEREAS,in September 2016,Senate Bill 1383 ("SB 1383")established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy; and WHEREAS,SB 1383 includes statewide goals to reduce the disposal of organic waste (food scraps,yard debris,paper products, etc.) and recover edible food for human consumption; and WHEREAS,to meet the SB 1383 regulations,jurisdictions throughout the State are required to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022; and WHEREAS,on November 10,2021,the South San Francisco City Council adopted Chapter 8.27 “Mandatory Organic Waste Disposal Reduction”to Title 8 of the South San Francisco Municipal Code,along with other conforming changes to Title 8,to implement SB 1383 requirements including mandating that organic waste generators,haulers,and other entitles subject to the requirements of SB 1383 regulations and subject to the City of South San Francisco's authority,comply with SB 1383 regulatory requirements; and WHEREAS,the City now desires to further amend certain requirements under Chapter 8.27 pertaining to waste collection and other related regulations for single-family,multi-family,and commercial business waste generators in order to better tailor to the solid waste services, settings, and operations implemented in South San Francisco with regards to these customers; and WHEREAS,through adoption of this ordinance,the City Council continues to implement and comply with organic waste disposal and related regulations pursuant to Senate Bill 1383. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2. California Environmental Quality Act (CEQA) This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations.The SB 1383 Regulations were the subject of a program environmental impact report (EIR)prepared by CalRecycle,and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR.No mitigation measures identified in the EIR are applicable to the City's enactment of this Ordinance.Moreover,none of the conditions requiring a subsequent or supplemental EIR,as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA)Guidelines Sections 15162 and 15163,have occurred.The EIR therefore adequately analyzes any potential environmental effects of the Ordinance and no additional City of South San Francisco Printed on 9/12/2024Page 1 of 8 powered by Legistar™372 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. occurred.The EIR therefore adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required.On a separate and independent basis,the Ordinance is exempt from CEQA pursuant to Section 15308,Class 8 of the CEQA Guidelines of as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment,specifically,for the protection of the climate.There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment. SECTION 3. Amendments to the Municipal Code Sections 8.27.030,8.27.040,8.27.050,and 8.27.060 of Chapter 8.27 “Mandatory Organic Waste Disposal Reduction”under Title 8 of the South San Francisco Municipal Code is hereby amended as follows with deletions in strikethrough and additions in double underline.Sections and subsections that are not amended by this Ordinance are not included below,and shall remain in full force and effect. Chapter 8.27 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION . . . 8.27.030 Definitions The following terms and definitions shall apply for the purposes of this Chapter.Where applicable,the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of California Code of Regulations,Title 14, §18982.2 (14 CCR §18982.2)and as respectively restated here.If any definition under 14 CCR §18982.2 contradicts a definition set forth in this Chapter,the definition under 14 CCR §18982.2 shall govern.If a definition under 14 CCR §18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this Chapter,the definition under 14 CCR §18982.2 shall govern. . . . (p)"Designated Source Separated Organic Waste Facility",as defined in 14 CCR Section 18982(14.5),means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6)and complies with one of the following: (1)The facility is a "transfer/processor,"as defined in 14 CCR Section 18815.2(a)(62),that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d),and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1,2022 and December 31,2024 and 75 percent on and after January 1,2025 as calculated pursuant to 14 CCR Section 18815.5(£)for Organic Waste received from the Source Separated Organic Waste collection stream. (A)If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2)consecutive reporting periods,or three (3)reporting periods within three (3)years,the facility shall not qualify as a "Designated Source Separated Organic Waste Facility". (2)The facility is a "composting operation"or "composting facility"as defined in 14 CCR Section 18815.2(a)(13),that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)or 17409.5.8(c)(3),whichever is applicable,and,if applicable,complies with the digestate handling requirements specified in 14 CCR Section 17896.5. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2)or 17409.5.8(c)(3),for two (2)consecutive reporting periods,or three (3)reporting periods within three (3)years,the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For the purposes of this Ordinance,the reporting periods shall be consistent with those defined in 14 CCR Section City of South San Francisco Printed on 9/12/2024Page 2 of 8 powered by Legistar™373 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. 18815.2(a)(49). . . . (lll)"Self-Hauler"means a person,who hauls Solid Waste,Organic Waste or recyclable material he or she has generated to another person using the generator's own personnel and equipment,to the extent permitted by Chapter 8.16 of this Code and the Exclusive Franchise.Self-Hauler also includes a person who backhauls waste,or as otherwise defined in 14 CCR Section 18982 (a)(66).Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment,or as otherwise defined in 14 CCR Section 18982(a)(66)(A).For the purposes of Edible Food Recovery,"Self-Hauler"means a Commercial Edible Food Generator which holds a contract with and hauls Edible Food to a Food Recovery Organization or other site for redistribution according to the requirements of this Chapter. . . . 8.27.040 Requirements for Single-Family Generators Single-Family Organic Waste Generators shall: (a)Be automatically enrolled in the City's three-container Organic Waste collection services with a minimum Source Separated Recyclable Materials service level of 64 gallons per week,and with a minimum Source Separated Green Container Organic Waste service level of 32 gallons per week.The City or its Designee shall have the authority to change these minimum required levels of service over time.The City or its Designee shall have the right to review the number,size,and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials;and,generator shall adjust its service level for its collection services as requested by the City or its Designee. (b)Participate in the City's three-container system for Source Separated Recyclable Materials,Source Separated Green Container organic materials,and Gray Container Waste collection services.Generator participation in the collection programs requires that generators place Source Separated Green Container Organic Waste,including Food Waste,in the Green Container;Source Separated Recyclable Materials in the Blue Container;and Gray Container Waste in the Gray Container.Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c)Nothing in this Section prohibits a generator from preventing or reducing waste generation,managing Organic Waste on site,and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (a)Subscribe to the City’s Organic Waste collection services for all Organic Waste generated as described below in Section (b).The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials,and each Single-Family generator shall adjust its service level for its collection services as requested by the City.Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste,managing Organic Waste on site,and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). City of South San Francisco Printed on 9/12/2024Page 3 of 8 powered by Legistar™374 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. (b)Participate in the City’s Organic Waste collection service(s)by placing designated materials in designated containers as follows:Generators shall place Source Separated Green Container Organic Waste,including Food Waste,in the Green Container;Source Separated Recyclable Materials in the Blue Container;and Gray Container Waste in the Gray Container.Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.Generators shall not place Prohibited Container Contaminants in collection containers. Commercial Businesses, including Multi-Family Residential Dwellings, shall: (a)Be automatically enrolled in the City's three-container Organic Waste collection services with a Source Separated Recyclable Materials service level of 96-gallons,and with a Source Separated Green Container Organic Waste service level of 32-gallons,as approved by the City or its Designee.The City or its Designee shall have the authority to change the minimum required service levels over time.The Commercial Business'Source Separated Recyclable Materials service level and Source Separated Green Container Organic Waste service level must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Commercial Business.The City or its Designee shall have the right to review the number,size,and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials;and,Commercial Business shall adjust its service level for its collection services as requested by the City or its Designee. (b)Participate in and comply with the City's three-container (Blue Container,Green Container,and Gray Container)collection service by placing designated materials in designated containers as described below.Generator shall place Source Separated Green Container Organic Waste,including Food Waste,in the Green Container;Source Separated Recyclable Materials in the Blue Container;and Gray Container Waste in the Gray Container.Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c)Supply and allow access to adequate number,size,and location of collection containers with sufficient labels or colors (conforming with Sections (d)(l)and (d)(2)below),for employees, contractors,tenants and customers,consistent with the City's Blue Container,Green Container, and Gray Container collection service. (d)Excluding Multi-Family Residential Dwellings,provide containers for the collection of Source Separated Green Container Organic Waste,and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers,for materials generated by that business.Such containers do not need to be provided in restrooms.If a Commercial Business does not generate any of the materials that would be collected in one type of container,then the business does not have to provide that particular type of container in all areas City of South San Francisco Printed on 9/12/2024Page 4 of 8 powered by Legistar™375 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. container,then the business does not have to provide that particular type of container in all areas where disposal containers are provided for customers.Pursuant to 14 CCR Section 18984.9(b),the containers provided by the business shall have either: (1)A body or lid that conforms with the container colors provided through the collection service provided by the City,with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to the color requirements.A Commercial Business is not required to replace functional containers,including containers purchased prior to January 1,2022,that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2)Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.Pursuant 14 CCR Section 18984.8,the container labels are required on new containers commencing January 1, 2022. (e)Excluding Multi-Family Residential Dwellings,prohibit employees from placing materials in a container not designated for those materials in accordance with the City's Organic Waste,Non- Organic Recyclables,and non-Organic Waste collection service to the extent practical through education, training, Inspection, and/or other measures. (f)Excluding Multi-Family Residential Dwellings,weekly inspect Blue Container,Green Container, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (g)Annually provide information to employees,contractors,tenants,and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (h)Provide education information before or within fourteen (14)days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (i)Provide or arrange access for the City or its Designee,or their respective agents.to their properties during all Inspections conducted in accordance with Section 8.27.130 of this Chapter to confirm compliance with the requirements of this Chapter. (j)Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site,or using a Community Composting site pursuant to 14 CCR City of South San Francisco Printed on 9/12/2024Page 5 of 8 powered by Legistar™376 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. managing Organic Waste on site,or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) (k)Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements under Section 8.27.070. (a)Subscribe to the City’s three-container collection services and comply with requirements of those services as described below in Section (b),except Commercial Businesses that meet the Self- Hauler requirements in Section 8.27.100.The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials,and each Commercial Business shall adjust its service level for its collection services as requested by the City. (b)Except Commercial Businesses that meet the Self-Hauler requirements of Section 8.27.100,participate in the City’s Organic Waste collection service(s)by placing designated materials in designated containers as follows:Generator shall place Source Separated Green Container Organic Waste, including Food Waste,in the Green Container;Source Separated Recyclable Materials in the appropriate Blue Container (paper,recyclables containers,or cardboard);and Gray Container Waste in the Gray Container.Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c)Supply and allow access to adequate number,size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1)and (d)(2)below)for employees,contractors, tenants,and customers,consistent with City’s Blue Container,Green Container,and Gray Container collection service or,if Self-Hauling,per the Commercial Businesses’instructions to support its compliance with its Self-Haul program. (d)Excluding Multi-Family Residential Dwellings,provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers,for materials generated by that business.Such containers do not need to be provided in restrooms.If a Commercial Business does not generate any of the materials that would be collected in one type of container,then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.Pursuant to 14 CCR Section 18984.9(b),the containers provided by the business shall have either: (1)A body or lid that conforms with the container colors provided through the collection service provided by the City,with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1,2022,that do not comply with the City of South San Francisco Printed on 9/12/2024Page 6 of 8 powered by Legistar™377 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. including containers purchased prior to January 1,2022,that do not comply with the requirements of this subsection (d)prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2)Container labels that include language or graphic images,or both,indicating the primary materials accepted and the primary materials prohibited in that container,or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.Pursuant to 14 CCR Section 18984.8,the container labeling requirements are required on new containers commencing January 1, 2022. (e)Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 6(d) pursuant to 14 CCR Section 18984.9(b). (f)To the extent practical through education,training,Inspection,and/or other measures,excluding Multi- Family Residential Dwellings,prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container,Green Container,and Gray Container collection service or,if Self-Hauling,per the Commercial Business’s instructions to support its compliance with its Self-Haul program, in accordance with this Chapter 8.27. (g)Excluding Multi-Family Residential Dwellings,periodically inspect Blue Containers,Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h)Annually provide information to employees,contractors,tenants,and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (i)Provide education information before or within fourteen (14)days after occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j)Provide or arrange access for the City or its employees,agents and representatives to their properties during all Inspections conducted in accordance with Section 16 of this Ordinance to confirm compliance with the requirements of this Ordinance. (k)A Commercial Business desiring to Self-Haul shall meet the Self-Hauler requirements in Section 8.27.100. (l)Nothing in this Section prohibits a generator from preventing or reducing waste generation,managing City of South San Francisco Printed on 9/12/2024Page 7 of 8 powered by Legistar™378 File #:23-1029 Agenda Date:9/11/2024 Version:1 Item #:17a. (l)Nothing in this Section prohibits a generator from preventing or reducing waste generation,managing Organic Waste on site,or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (m)Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with the Food Recovery requirements pursuant to Section 8.27.070. 8.27.060 Waivers for Generators (c)Collection Frequency Waiver. The city, at its discretion and in accordance with 14 CCR < https://resolve.ecode360.com/state_code/ca/ca_ccr> Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every fourteen days, rather than once per week. Notwithstanding the grant of an exception under this subsection, however, containers containing putrescible materials must be collected once every seven days. . . . SECTION 4. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 5. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney. At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk's Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1)publish the summary,and (2)post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. City of South San Francisco Printed on 9/12/2024Page 8 of 8 powered by Legistar™379 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-30 Agenda Date:9/11/2024 Version:1 Item #:18. Report regarding awarding a construction contract to Bayside Stripe &Seal,Inc.of Petaluma,California for the Citywide School Traffic Safety Improvement Project (No.st2402,Bid No.2694)in an amount not to exceed $677,930,authorizing a total construction contract authority budget of $745,723.(Jeffrey Chou,Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Bayside Stripe &Seal,Inc.of Petaluma,California for the Citywide School Traffic Safety Improvement Project (No.ST2402,Bid No.2694)in an amount not to exceed $677,930,authorizing a total construction contract authority budget of $745,723,and authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND/DISCUSSION On July 26,2023,as part of the City’s General Plan and Vision Zero goal to enhance safety for children, families,and school faculty,and to achieve zero roadway fatalities by 2025,City Council adopted a resolution declaring a prima facie speed limit of 15 miles per hour (MPH)when children are present,as allowed by State Law, for the remaining qualified K-12 schools within the City limit. To ensure a comprehensive and well-informed approach,staff worked closely with the South San Francisco Unified School District (SSFUSD),actively engaging parents,families,and school principals to gather their valuable insights and opinions.Based on discussion with the respective principals and an examination of the school areas,the Project will encompass enhancements related to traffic safety and calming measures around the school premises.These traffic improvements are designed to complement the new 15 MPH school zone, enhancing safety,and promoting increased driver awareness in the vicinity of the schools (e.g.Rectangular Rapid Flashing Beacons, high visibility crosswalks, etc.). A reminder of the list of schools for the 15 MPH school zone speed reduction (See Attachment 1): 1.All Souls Catholic School (Private) 2.Alta Loma Middle School 3.Baden High School 4.Buri Buri Elementary School 5.El Camino High School 6.Los Cerritos Elementary School 7.Martin Elementary School 8.Monte Verde Elementary School 9.Parkway Heights Middle School 10.Ponderosa Elementary School 11.Saint Veronica Catholic School (Private) 12.South San Francisco High School 13.Spruce Elementary School City of South San Francisco Printed on 9/6/2024Page 1 of 3 powered by Legistar™380 File #:23-30 Agenda Date:9/11/2024 Version:1 Item #:18. The Project was originally combined and bid together with the 2024 Street Surface Seal Project.On April 25, 2024,only one bid proposal was received for the combined Project coming in at approximately 48%over the Engineer’s Estimate. On May 22,2024,City Council,through motion,rejected the sole bid for the combined 2024 Street Surface Seal and Citywide School Improvements Project. Bid Process and Results The current Project falls under Procurement Type 1:Competitive Bidding for Construction Projects.For more details on the City’s Procurement Process, refer to Attachment 2. Staff decided to separate the two projects and bid them out individually to target a more focused scope,with the aim of attracting more competitive bids. Staff advertised a notice inviting bids for the Project on June 6,and July 2,2024.On August 7,2024,staff received two (2)bid proposals in response to the notice inviting bids.Staff reviewed all bid proposals and identified that the lowest responsive and responsible bidder was Bayside Stripe &Seal,Inc.of Petaluma CA, California.Staff verified Bayside Stripe &Seal contractor’s license with the California State Licensing Board and found it in good standing. The following is a summary of all bids received: Rank Contractor "Base Bid" Schedule Results 1 Bayside Stripe & Seal, Inc. of Petaluma, CA $677,930.00 2 Zara Construction Inc. of Sacramento, CA $595,130.00* Engineers Estimate (by DKS Associates)$568,723.00 *Although Zara Construction submitted the lowest bid,a thorough review by City staff and the City Attorney's Office revealed that their bid does not meet the City's bid specifications.As a result,Zara Construction’s bid was deemed non-responsive and has been rejected.Please refer to Attachment 3 for the Notice of Bid Rejection letter, which provides a detailed explanation. The Project was advertised with a “Base Bid”schedule only.The selection of award of a contract is based on the lowest responsive bid for the Base Bid schedule. Bayside Stripe &Seal,Inc.’s bid is 18.9%higher than the Engineer’s Estimate.Staff and City’s engineering consultant reviewed the bid and found it consistent with current market prices,considering the current construction climate and rising cost in material and labor. Staff recommend awarding the Base Bid schedule to Bayside Stripe & Seal, Inc. City of South San Francisco Printed on 9/6/2024Page 2 of 3 powered by Legistar™381 File #:23-30 Agenda Date:9/11/2024 Version:1 Item #:18. The project construction budget is: Bayside Stripe & Seal, Inc.’s Construction Contract $677,930 Construction Contingency (10%)$ 67,793 Total Project Construction Budget $745,723 The construction contingency will be used for any additional costs related to design changes during the construction operations. There are no Disadvantaged Business Enterprise (DBE) requirements on the Project. FISCAL IMPACT CIP Project No.ST2402 is included in the City of South San Francisco’s fiscal year (FY)2024-2025 Capital Improvements Program.There are sufficient funds in FY 2024-2025 to cover the total construction contract costs and is funded by Citywide Traffic Impact Fees. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Staff recommends that the City Council adopt a resolution awarding a construction contract to Bayside Stripe & Seal,Inc.of Petaluma,California for the Citywide School Traffic Safety Improvement Project (No.st2402,Bid No.2694)in an amount not to exceed $677,930,authorizing a total construction contract authority budget of $745,723, and authorizing the City Manager to execute the agreement on behalf of the City. Attachments: 1.Map of 15 MPH School Zone 2.Overview of City’s Procurement Process 3.Notice of Bid Rejection letter City of South San Francisco Printed on 9/6/2024Page 3 of 3 powered by Legistar™382 Alta Loma Middle School El Camino High School Sunshine Gardens Elementary School Parkway Heights Middle School Spruce Elementary School Martin Elementary School Mills Montesary School Westborough Middle School Monte Verde Elementary School South San Francisco High School Saint Veronica Elementary School Ponderosa Elementary School Buri Buri Elementary School Baden  High School Los Ceritos Elementary School All Souls School Hillside Christian Academy Junipero Serra Elementary School Skyline Elementary School 5  55 Miles SSF City Boundary Religious School Middle School High School Elementary School Proposed 15 mph Segment outside City Limits Proposed 15 mph Segment Existing Reduced 15 mph zone Existing City Streets Schools Legend SSF School Zone Speed Segment Private School MAP OF RECOMMENDED SCHOOL ZONEMAP OF 15 MPH SCHOOL ZONE ATTACHMENT 1 383 Overview of City’s Procurement Process The City’s procurement process is governed by both state and local law. State law requires contracts for construction to be competitively bid pursuant to a set of specific, established rules. In particular, the City is required to award construction contracts to the “lowest responsible bidder” after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However, in awarding contracts for the purchase of professional services, equipment and supplies, the City has some latitude. State law requires the City to adopt regulations and policies to govern such service and supplies procurement, but otherwise provides the City flexibility in determining relevant requirements as long as they are consistent with applicable state law. (Gov. Code § 54202.) Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV, No. 1) govern the City’s purchasing policies and contract procurement processes. The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code, and generally involve any construction project that is paid with public funds or those projects involving improvements, demolition or other work on public property or facility. Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work. Under the City’s policy, different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts, cost is generally the sole determining factor, and the lowest responsible bidder is awarded the project even if another bidder appears to be more skilled but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods, supplies, and professional services. These rules do not apply to, and may not be used for, public construction projects. Contracts for the purchase of goods and services that exceed $10,000 requires staff to utilize open market procedures. If the contract is $25,000 or less, staff must obtain at least three quotes, which are informal offers to perform work at a stated price. If the contract is greater than $25,000, staff will be required to solicit the project, such as issuing a Request for Proposals (“RFPs”) and obtain at least three written responses. Under this vendor selection process, cost can be only one factor in determining which vendor the City will ultimately select for services, equipment, or supplies. This requirement is similarly reflected under SSFMC § 4.04.080. Thus, when utilizing the open market vendor selection process, the City is focused on the skill, ability, and expertise of the entity or person to be able to provide the service, ATTACHMENT 2 384 equipment, or goods to the City. The selection is based on competence, professional qualifications, and overall value to the City with cost being only one factor in the determination of an award. Federally Funded Procurements for Vendors (Supplies and Equipment) Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions. The City’s Purchasing Procedures also provide guidance on procuring supplies and equipment contracts that are federally funded. Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor. It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law. Each evaluation is a non-discrimination and equal opportunity for all vendors. 3. Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural, engineering, environmental, land surveying, or construction project management, the Government Code also specifically requires that such services not be awarded solely based on price, but instead based on demonstrated competence. (Gov. Code § 4526.) Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services, the City does not necessarily receive the best value when it pays the lowest price. (See e.g., California Attorney General Op. No. 94-819 (February 9, 1995). 385 315 MAPLE AVENUE • SOUTH SAN FRANCISCO, CA 94080 • (650) 829-6652 • FAX (650) 829-6689 P a g e 1 | 2 August 14, 2024 ATTN: Atif Zahoor Zara Construction, Inc. 2343 Donner Pass Ave Sacramento, California 95838 Re: Notice of Bid Rejection Dear Mr. Zahoor, We appreciate your bid submission on behalf of Zara Construction, Inc. (“Zara Construction”) for the Citywide School Traffic Safety Improvements Project (Project No. ST2402, Bid No. 2694). After careful consideration, we regret to inform you that Zara Construction’s bid has been rejected. The City has reviewed and determined that Zara Construction’s bid is not responsive to the City’s bid specifications. Specifically, the “Designation of Subcontractors” form submitted by Zara Construction did not meet the requirements in the bid specifications to have the prime contractor perform at least fifty-five percent (55%) of the work. Specifically, on page P-8 of the bid specifications, the subcontractor listing form states that “not less than fifty-five (55%) of the contractor work shall be done by the Prime Contractor, also typically referred to as the Bidder”. This is an important and material component to the bid specifications. As a part of Zara Construction’s bid proposal, the subcontractor listing form listed the sub-contractor, Tri-Valley Striping, as performing 64% of the work (see screenshot below), leaving the Prime Contractor with only 36% of the work performed. This falls short of the required 55% minimum for the Prime Contractor. OFFICE OF ENGINEERING DIVISION CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER ATTACHMENT 3 386 315 MAPLE AVENUE • SOUTH SAN FRANCISCO, CA 94080 • (650) 829-6652 • FAX (650) 829-6689 P a g e 2 | 2 As a part of its consideration, the City reviewed Zara Construction’s supplemental communication which stated that the 64% insertion was a “typographical error” and should have been “44%” instead. The City also reviewed the supplemental “cost breakdown” document submitted by Tri- Valley Striping in support of Zara Construction’s statement. Based on its review, the City has concluded that this supplemental information is not sufficient to demonstrate that the “typographical error” in question is a minor irregularity that can be waived by the City. As Zara Construction’s initial bid submittal did not include a subcontractor cost break down by line item, nor is such information listed as a part of the City’s specifications, the City cannot ascertain how this cost breakdown information may deviate from the initial bid submittal or its potential impact on the bid price. As such, the City concludes based on the bid submittal that Zara Construction’s bid is not responsive for the foregoing reason. We understand the effort that goes into preparing a bid and appreciate your interest in working with the City of South San Francisco. We encourage you to continue participating in future bidding opportunities with us. Should you have any questions or require further information, please contact me at 650-829-6668 or jeffrey.chou@ssf.net. Sincerely, Jeffrey Chou, PE Senior Civil Engineer 387 Citywide School Traffic Safety Improvement Project September 11, 2024 388 2 Why Speed Matters? 389 3 Legal Requirements California Vehicle Code 22358.4 allows local jurisdictions to reduce the school zone speed limit to 15 or 20 mph on qualified roadways. These are the following requirements: Roadways within 500 feet of school grounds are qualified Only one travel lane in each direction present in the roadway A maximum posted speed limit of 30 mph The roadway is located within a residential district Public and private schools, grades K-12 are qualified 390 4 Qualified Roadways 13 Schools 33 Roadways 391 Improvements 5 Existing Proposed Advanced Limit Lines Rectangular Rapid Flashing Beacon High Visibility Crosswalks 392 Bid Results & Budget 6 RANKINGBASE BIDCONTRACTOR X$568,723Engineer’s Estimate 1$677,930Bayside Stripe & Seal, Inc. 2$595,130**Zara Construction Inc. Competitive Bidding for Construction Projects Cost is generally the sole determining factor ** Zara’s bid was determined to be unresponsive as it did meet all the bid proposal requirements. $677,930Bayside’s Base Bid $67,793 Construction Contingency (10%) $745,723 Total Estimated Construction Costs* *Citywide Traffic Impact Fee Fund 393 7Implementation 7 Ongoing school engagement City Council Resolution Adoption in 2023 Complete design of improvements Construct improvements at the Schools (est. Winter 2024) Post- implementation evaluation Community Engagement and Education 394 8 Thank you! 395 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-31 Agenda Date:9/11/2024 Version:1 Item #:18a. Resolution awarding a construction contract to Bayside Stripe &Seal,Inc.of Petaluma,California for the Citywide School Traffic Safety Improvement Project (No.ST2402,Bid No.2694)in an amount not to exceed $677,930,authorizing a total construction contract authority budget of $745,723,and authorizing the City Manager to execute the agreement on behalf of the City. WHEREAS,the Citywide School Traffic Safety Improvement Project (“Project”)will install 15 miles per hour signage and associated features;and other traffic safety improvements throughout thirteen (13)schools within the City limit; and WHEREAS, the City issued a notice inviting bids for the project on June 6, 2024 and July 2, 2024; and WHEREAS, on August 7, 2024, the City received two (2) bid proposals in response; and WHEREAS,Bayside Stripe &Seal,Inc.of Petaluma,California was the lowest responsive and responsible bidder and provided competitive unit prices; and WHEREAS,staff reviewed all bid proposals and identified that the lowest responsive and responsible bidder was Bayside Stripe &Seal,Inc.of Petaluma,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing; and WHEREAS,staff recommends awarding the construction contract to Bayside Stripe &Seal,Inc.of Petaluma, California in an amount not to exceed $677,930, which is the total for the base bid schedule; and WHEREAS,staff also requests the City Council to authorize a construction contract budget of $677,930,with additional $67,793 for contingency, for a total construction budget of $745,723; and WHEREAS,the Project is included in the City of South San Francisco’s fiscal year 2024-2025 Capital Improvement Program (Project No.ST2402)with sufficient funds in FY 2024-2025 to cover the initial construction costs through the end of the current fiscal year; and NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby awards a construction contract,a draft of which is attached hereto and incorporated herein as Exhibit A,for the Citywide School Traffic Safety Improvement Project to Bayside Stripe &Seal,Inc.of Petaluma,California,in City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™396 File #:23-31 Agenda Date:9/11/2024 Version:1 Item #:18a. Citywide School Traffic Safety Improvement Project to Bayside Stripe &Seal,Inc.of Petaluma,California,in an amount not to exceed $677,930 conditioned on Bayside Stripe &Seal,Inc.’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement, in accordance with the Project documents. BE IT FURTHER RESOLVED the City Council authorizes a total construction contract authority budget of $745,723 and authorizes the City Manager to utilize unspent amount of the total Project budget,if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Bayside Stripe &Seal,Inc.of the signed contract and all other documents,subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the staff report or this resolution. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™397 Page A-1 of A-9 EXHIBIT A - DRAFT AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Bayside Stripe & Seal, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the CITYWIDE SCHOOL TRAFFIC SAFETY IMPROVEMENTS PROJECTS, PROJECT NO. ST2402, BID NO. 2694; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. 398 Page A-2 of A-9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) dated April 15, 2022. (F) Part IV – Project Plans, approved April 1, 2024 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 15, 2022. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: CITYWIDE SCHOOL TRAFFIC SAFETY IMPROVEMENTS PROJECTS PROJECT NO. ST2402, BID NO. 2694 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of Six Hundred Seventy-Seven Thousand Nine Hundred Thirty Dollars ($677,930.00). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any 399 Page A-3 of A-9 severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. 400 Page A-4 of A-9 (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX- 2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials 401 Page A-5 of A-9 to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute 402 Page A-6 of A-9 the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: 403 Page A-7 of A-9 $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured 404 Page A-8 of A-9 retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A 9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. 405 Page A-9 of A-9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Sharon Ranals, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). 406 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 407 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 408 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk 409 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-839 Agenda Date:9/11/2024 Version:1 Item #:19. Report regarding awarding a construction contract to G.Bortolotto &Company,Inc.of San Carlos,California for the 2024 Concrete and Base Repair Project (Project No.st2402,Bid No.2696)in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80. (Audriana Hossfeld, Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to G. Bortolotto &Company,Inc.of San Carlos,California for the 2024 Concrete and Base Repair Project (Project No.st2402,Bid No.2696)in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80, authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND/DISCUSSION The 2024 Concrete and Base Repair Project will treat concrete base repairs in and around the Avalon- Brentwood neighborhood (Area 5 in the Surface Seal Schedule Map)as shown in Attachment 1 -Vicinity Map. This first phase of the 2024 Surface Seal Project involves performing initial structural repairs on the roadway before applying the surface seal.The project team will return in Spring/Summer 2025 to complete the next phase, which includes applying the surface seal, striping, and marking. The work consists of mobilization and demobilization of construction equipment;public posting and notification;traffic regulation and construction area signs;changeable message signs;clearing,grubbing,and environmental protection;concrete improvements,base repairs;and over-excavation (if required)in South San Francisco,CA.The project team will coordinate the work to ensure that residents and the traveling public have alternate routes (detours) to access the area during construction as needed. The contract specifications require the Project to provide advance notification to businesses and residents in the neighborhoods directly impacted by the proposed improvements.This work will result in temporary street parking impacts and limited access as work is underway.The Contractor will place temporary “No Parking” signs on the streets, noticing impacted sections during construction as needed. Award of Construction Contract:2024 Concrete and Base Repair Project,Project No.st2402,Bid No. 2696 The current Project falls under Procurement Type 1:Competitive Bidding for Construction Projects.For more details on the City’s Procurement Process, refer to Attachment 2. Staff advertised a notice inviting bids for the Project on July 15,2024,and July 22,2024.On August 14,2024, staff received three (3)bid proposals in response to the notice inviting bids.Staff reviewed all bid proposals and identified that G.Bortolotto &Company,Inc.of San Carlos,California,was the lowest responsive and responsible bidder.Staff verified the low bidder’s current Contractor’s license with the California State Licensing Board and found it in good standing. Following is a summary of all three (3) bids received: Contractor "Base Bid" Schedule (Contract Award Based on "Base Bid" Total)Results 1 G. Bortolotto & Company, Inc.$722,604.00 2 Radius Earthwork, Inc.$889,302.46 3 Interstate Grading & Paving Inc.$953,763.00 Engineer’s Estimate $765,081.00 City of South San Francisco Printed on 9/6/2024Page 1 of 3 powered by Legistar™410 File #:24-839 Agenda Date:9/11/2024 Version:1 Item #:19. Contractor "Base Bid" Schedule (Contract Award Based on "Base Bid" Total)Results 1 G. Bortolotto & Company, Inc.$722,604.00 2 Radius Earthwork, Inc.$889,302.46 3 Interstate Grading & Paving Inc.$953,763.00 Engineer’s Estimate $765,081.00 The Project was advertised with a “Base Bid”schedule only.The selection of contract award is based on the lowest responsive and responsible bid for the Base Bid schedule. The Project budget is: G. Bortolotto & Company, Inc. Contract $722,604.00 Construction Contingency (20%)$144,520.80 Total Project Budget $867,124.80 The construction contingency will be used for any additional costs related to design changes during the construction operations. There are no Disadvantaged Business Enterprise (DBE) requirements on the Project. There is sufficient funding for construction. FISCAL IMPACT Project No.st2402 has no impact on the Fiscal Year (FY)2024-25 budget.The Project is already funded through the City of South San Francisco's Capital Improvements Program.This program has a dedicated budget covering the proposed construction contract and potential contingency costs.The funding for the Construction Project comes from one source: Fund Source 2024 Concrete and Base Repair Project Total Construction Budget Measure A $867,124.80 Total $867,124.80 RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life and Livability by maintaining and improving accessible infrastructure. CONCLUSION Staff recommends that the City Council adopt a resolution awarding a construction contract to G.Bortolotto & Company,Inc.of San Carlos,California for the 2024 Concrete and Base Repair Project (Project No.st2402, Bid No.2696)in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80, authorizing the City Manager to execute the agreement on behalf of the City. Attachments: 1.Vicinity Map City of South San Francisco Printed on 9/6/2024Page 2 of 3 powered by Legistar™411 File #:24-839 Agenda Date:9/11/2024 Version:1 Item #:19. 2.Overview of City’s Procurement Process 3.Presentation City of South San Francisco Printed on 9/6/2024Page 3 of 3 powered by Legistar™412 Attachment 1 - Vicinity Map 413 Overview of City’s Procurement Process The City’s procurement process is governed by both state and local law. State law requires contracts for construction to be competitively bid pursuant to a set of specific, established rules. In particular, the City is required to award construction contracts to the “lowest responsible bidder” after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However, in awarding contracts for the purchase of professional services, equipment and supplies, the City has some latitude. State law requires the City to adopt regulations and policies to govern such service and supplies procurement, but otherwise provides the City flexibility in determining relevant requirements as long as they are consistent with applicable state law. (Gov. Code § 54202.) Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV, No. 1) govern the City’s purchasing policies and contract procurement processes. The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code, and generally involve any construction project that is paid with public funds or those projects involving improvements, demolition or other work on public property or facility. Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work. Under the City’s policy, different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts, cost is generally the sole determining factor, and the lowest responsible bidder is awarded the project even if another bidder appears to be more skilled but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods, supplies, and professional services. These rules do not apply to, and may not be used for, public construction projects. Contracts for the purchase of goods and services that exceed $10,000 requires staff to utilize open market procedures. If the contract is $25,000 or less, staff must obtain at least three quotes, which are informal offers to perform work at a stated price. If the contract is greater than $25,000, staff will be required to solicit the project, such as issuing a Request for Proposals (“RFPs”) and obtain at least three written responses. Under this vendor selection process, cost can be only one factor in determining which vendor the City will ultimately select for services, equipment, or supplies. This requirement is similarly reflected under SSFMC § 4.04.080. Thus, when utilizing the open market vendor selection process, the City is focused on the skill, ability, and expertise of the entity or person to be able to provide the service, ATTACHMENT 2 414 equipment, or goods to the City. The selection is based on competence, professional qualifications, and overall value to the City with cost being only one factor in the determination of an award. Federally Funded Procurements for Vendors (Supplies and Equipment) Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions. The City’s Purchasing Procedures also provide guidance on procuring supplies and equipment contracts that are federally funded. Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor. It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law. Each evaluation is a non-discrimination and equal opportunity for all vendors. 3. Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural, engineering, environmental, land surveying, or construction project management, the Government Code also specifically requires that such services not be awarded solely based on price, but instead based on demonstrated competence. (Gov. Code § 4526.) Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services, the City does not necessarily receive the best value when it pays the lowest price. (See e.g., California Attorney General Op. No. 94-819 (February 9, 1995).   415 2024 CONCRETE AND BASE REPAIR PROJECT AWARD CONSTRUCTION CONTRACT SEPTEMBER 11, 2024 41 6 2 N 41 7 Vicinity Map 3 N 41 8 Base Repair Example 4 41 9 Concrete Repair Example 5 42 0 Project Features and Purpose 6 Base Repairs Public Notification Concrete Repairs Traffic Control Improved Roads Ready for Surface Seal (Spring / Summer 2025) 42 1 Public Outreach 7 Coordination with Nearby Businesses & Residents Posted No Parking Signs & Door Hangers Advanced Notice to Nearby Businesses & Residents Planned Traffic Control & Detours 42 2 Project Schedule 8 Bid & Award Summer 2024 Completed Summer 2023 Design Construction Fall/Winter 2024 Closeout Early 2025 42 3 Procurement methods  9 1. Competitive Bidding for Construction Projects •Cost is generally the sole determining factor 2. Open Market Procedures for Vendors (Supplies and Equipment) •Cost > $25,000, required to solicit the project through an RFP •Cost can be only one factor in selection (SSFMC § 4.04.080) 3. Open Market Procedures for Architectural and Engineering (A&E) Professional Services •Consultant is selected through a qualifications-based selection (Gov. Code § 4526.) 42 4 Total  Construction Budget 10 "Base Bid" ResultsContractor $722,604.00G. Bortolotto & Company, Inc.1 $889,302.46Radius Earthwork, Inc.2 $953,763.00Interstate Grading & Paving Inc.3 $765,081.00Engineer’s Estimate $722,604.00Base Bid $144,520.80Construction Contingency (20%) $867,124.80Total Project Construction Budget 42 5 Total  Construction Budget Funding 11 Total Construction BudgetFund Source $867,124.80MeasureA $867,124.80Total 42 6 Thank you 12 42 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-840 Agenda Date:9/11/2024 Version:1 Item #:19a. Resolution awarding a construction contract to G.Bortolotto &Company,Inc.of San Carlos,California for the 2024 Concrete and Base Repair Project (Project No.st2402,Bid No.2696)in an amount not to exceed $722,604.00 for a total construction budget of $867,124.80,authorizing the City Manager to execute the agreement on behalf of the City. WHEREAS,the 2024 Concrete and Base Repair Project (“Project”)consists of mobilization and demobilization of construction equipment;public posting and notification;traffic regulation and construction area signs;changeable message signs;clearing,grubbing,and environmental protection;concrete improvements, base repairs; and over-excavation (if required) in South San Francisco, CA.; and WHEREAS, the City issued a notice inviting bids for the project on July 15, 2024 and July 22, 2024; and WHEREAS, on August 14, 2024, the City received three (3) bid proposals in response; and WHEREAS,staff reviewed all bid proposals and identified that the lowest responsive and responsible bidder was G.Bortolotto &Company,Inc.of San Carlos,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing; and WHEREAS,staff recommends awarding the construction contract to G.Bortolotto &Company,Inc.of San Carlos, California in an amount not to exceed $722,604.00, which is the total for the base bid schedule; and WHEREAS,staff also requests the City Council to authorize a construction contract budget of $722,604.00, with an additional $144,520.80 for contingency, for a total construction budget of $867,124.80; and WHEREAS,there is no fiscal impact to the Fiscal Year (FY)2024-25 Budget.This Project (No.st2402)is included in the City of South San Francisco’s FY 2023-24 Capital Improvements Program,the available appropriations of which are rolled over to FY 2024-25 as a part of the year end closing process for FY 2023-24. There is sufficient funding to cover the total construction contract budget; and WHEREAS, this project is funded by Measure A funds. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby awards a construction contract,a draft of which is attached hereto and incorporated herein as Exhibit A,for the 2024 Concrete and Base Repair Project to G.Bortolotto &Company Inc.of San Carlos,California,in an amount not to exceed $722,604.00 conditioned on G.Bortolotto &Company,Inc.timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement, in accordance with the Project documents. City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™428 File #:24-840 Agenda Date:9/11/2024 Version:1 Item #:19a. BE IT FURTHER RESOLVED the City Council authorizes a total construction budget of $867,134.80 and authorizes the City Manager to utilize unspent amount of the total project budget,if necessary,towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by G.Bortolotto &Company,Inc.of the signed contract and all other documents,subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution and accompanying staff report. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™429 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and G. Bortolotto & Company, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the 2024 CONCRETE AND BASE REPAIR PROJECT; PROJECT NO.ST2402; BID NO. 2696; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. 430 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-2 of 12 (D) Part II – General Conditions (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications. (F) Part IV – Project Plans (G) Administrative subsections of the State Standard Specifications. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: 2024 CONCRETE AND BASE REPAIR PROJECT PROJECT NO.ST2402; BID NO. 2696 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of ________722,604.00______________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if 431 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-3 of 12 Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 18, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. 432 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-4 of 12 (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX- 2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials 433 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-5 of 12 to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute 434 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-6 of 12 the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 10, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: 435 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-7 of 12 $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured 436 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-8 of 12 retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A 9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. 437 EXHIBIT A – DRAFT FORM OF AGREEMENT Page A-9 of 12 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Sharon Ranals, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). 438 Page A-10 of 12 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 439 Page A-11 of 12 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 440 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk 441 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-895 Agenda Date:9/11/2024 Version:1 Item #:20. Report regarding a resolution authorizing the City of South San Francisco’s application for $5,000,000 from the State of California’s Local Housing Trust Fund Program and a resolution approving funding commitment letters for Rotary Gardens and 1051 Mission Road.(Nell Selander, Economic & Community Development Director) RECOMMENDATION Staff recommends City Council adopt a resolution authorizing the City of South San Francisco’s application for $5,000,000 from the State of California’s Local Housing Trust Fund Program and a resolution approving funding commitment letters for Rotary Gardens and 1051 Mission Road. BACKGROUND/DISCUSSION The Local Housing Trust Fund (LHTF)Program is a dollar-for-dollar matching program administered by the State of California’s Department of Housing and Community Development (HCD)dedicated to funding affordable rental housing development and preservation.It is funded by the Veterans and Affordable Housing Bond Act (Proposition 1),a $4 billion bond approved by voters in 2018.The 2024 Notice of Funding Availability (NOFA)for the LHTF Program makes available $53 million for this statewide,competitive grant program. The maximum possible award is $5 million. As a dollar-for-dollar matching grant,the LHTF Program requires the applicant,in this case the City,commit local housing trust fund dollars in advance of its application for a specific purpose.The purpose can be something as broad as the construction of new affordable rental housing serving predominantly households earning less than 30%of the area median income (see Attachment 1 for income limits).However,the City receives additional tie breaker points for pre-committing these matching funds to a specific project,not just a broad category of projects. Additionally,the matching funds (or assets,such as land)must be held by the City’s housing trust fund,with revenue generated from non-residential sources.In this case,the City would be dedicating its Commercial Linkage Fee-funded housing trust fund,or Fund 823.Additionally,the LHTF Program allows the City to apply to match its Permanent Local Housing Allocation (PLHA) Program funds, also administered by the State HCD. Previous Awards The City received an award of $2.4 million in LHTF funds in the 2021 NOFA cycle.These funds were pre- committed to Eden Housing’s 201 Baden project,which has submitted an entitlement application for 68 senior, affordable units that is currently in review.The City is in compliance with the administration of these 2021 LHTF funds, having had its most recent annual report accepted by State HCD. 2024 NOFA Potential Projects To best leverage the grant and be as competitive as possible,the City should apply for matching funds for projects that have already received a commitment of funding from either Fund 823 or PLHA.In this case,that would make the following projects potentially eligible for matching through the LHTF Program. 1051 Mission Road, BRIDGE Housing 1051 Mission Road is the 158-unit affordable housing component of the larger PUC Site development projectCity of South San Francisco Printed on 9/6/2024Page 1 of 3 powered by Legistar™442 File #:24-895 Agenda Date:9/11/2024 Version:1 Item #:20. 1051 Mission Road is the 158-unit affordable housing component of the larger PUC Site development project located just north of the City’s new Library |Parks &Recreation Center.The City committed $2 million to the project for predevelopment,which has been spent down on entitlements,preparation of a building permit application,and applications for myriad funding sources.BRIDGE Housing has pursued the following funding sources to mixed success:County funds ($9.5 million awarded),State Infill Infrastructure Grant funds ($29 million awarded),and State Affordable Housing Sustainable Communities funds (not awarded in 2023 and appealing 2024 decision).To complete the funding stack for this project,BRIDGE will need to apply for federal low-income housing tax credits and potentially State tax credits. While the project was approved in 2019 and the land transferred to BRIDGE in 2022,the project area has transitioned from a low-resource area as defined by the State to a high-resource area making it more difficult to secure scarce funding resources.Additionally,the project has substantial infrastructure design and construction expenses,far in excess of smaller infill projects,that continue to require funding to advance.While the project received an Infill Infrastructure Grant award,those funds cannot be drawn upon until the financing has been completed for the affordable project.For these reasons,this project is in need of additional pre-development funds and matching the City’s previous $2 million commitment with these LHTF funds could help advance the project’s infrastructure design and construction so that when the project is fully financed it is not further delayed by outstanding infrastructure work. Rotary Gardens Senior Project, Rotary Club & Beacon Development In April 2024 City Council approved a $556,789 loan to the Rotary Club and Beacon Development for the predevelopment and/or construction of the Rotary Gardens Senior Project proposed at 500 Linden Avenue.The 2024 LHTF NOFA allows for matching a local jurisdiction’s PLHA award.Since the City has programmed the first two years of its five-year PLHA award,the City should seek matching of these funds through LHTF. Rotary and Beacon have applied for approval of this project and are in the process of seeking their financing. Grand Avenue Properties Acquisition In April 2024,the City acquired three properties on Grand Avenue for $6,850,000 using Fund 823 -the City’s housing trust fund funded by Commercial Linkage Fees.While no decision has been made regarding the properties’reuse or redevelopment,funding could be used to help rehabilitate some of the residential units into affordable rental housing.This acquisition would be considered the match to the LHTF funds being sought. Staff would recommend not pre-committing this portion of the LHTF award to this project in case Council chooses a new approach for the Grand Avenue properties,such as reimbursing Fund 823 and instead using the properties for a purpose other than affordable housing.While this may reduce the number of tie breaker points the City might earn, it provides flexibility in programming the LHTF funds, if awarded. Administrative Allowance The LHTF Program allows for 5%of awarded (LHTF)and matching (City)funds to be used for administrative expenses.Staff recommends seeking this $250,000 in funding to offset staff and City Attorney costs in administering the grants and the subawards to BRIDGE Housing and the Rotary/Beacon team. FISCAL IMPACT The City intends to apply for $5,000,000 from the State’s competitive LHTF Program.This includes 5%in administrative costs to offset staff and City Attorney costs for funded projects.The City is required to provide matching funds for the application and is using PLHA funds from the State,a $2 million loan already provided to and spent by BRIDGE Housing,and the $6,850,000 recently spent from Fund 823 to acquire 226-246 Grand Avenue.Therefore there is no new impact to the City’s General Fund or Housing Funds associated with City of South San Francisco Printed on 9/6/2024Page 2 of 3 powered by Legistar™443 File #:24-895 Agenda Date:9/11/2024 Version:1 Item #:20. adopting the proposed resolutions. CONCLUSION Staff recommends City Council adopt a resolution authorizing the City of South San Francisco’s application for $5,000,000 from the State’s LHTF Program and a resolution approving funding commitment letters for Rotary Gardens and 1051 Mission Road. Attachments: 1.2024 San Mateo County Income Limits City of South San Francisco Printed on 9/6/2024Page 3 of 3 powered by Legistar™444 revised 05/14/2024 For HUD-funded programs, use the Federal Income Schedule. For State or locally-funded programs, you may use the State Income Schedule. For programs funded with both federal and state funds, use the more stringent income levels. Please verify the income and rent figures in use for specific programs. San Mateo County (based on Federal Income Limits for SMC) Income Category 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) *41,150 47,000 52,900 58,750 63,450 68,150 72,850 77,550 Very Low (50% AMI) *68,550 78,350 88,150 97,900 105,750 113,600 121,400 129,250 HOME Limit (60% AMI) *82,260 94,020 105,780 117,480 126,900 136,320 145,680 155,100 Low (80% AMI) *109,700 125,350 141,000 156,650 169,200 181,750 194,250 206,800 NOTES * California State Income Limits for SMC Effective 5/9/2024 - Area median Income $186,600 (based on household of 4) Income Category 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) *41,150 47,000 52,900 58,750 63,450 68,150 72,850 77,550 Very Low (50% AMI) *68,550 78,350 88,150 97,900 105,750 113,600 121,400 129,250 Low (80% AMI) *109,700 125,350 141,000 156,650 169,200 181,750 194,250 206,800 Median (100% AMI)130,600 149,300 167,950 186,600 201,550 216,450 231,400 246,300 Moderate (120% AMI)156,750 179,100 201,500 223,900 241,800 259,700 277,650 295,550 NOTES *2024 State Income limits provided by State of California Department of Housing and Community Development ; 2024 San Mateo County Income Limits as determined by HUD - effective June 1, 2024 Income Limits by Family Size ($) Income figures provided by HUD for following San Mateo County federal entitlement programs: CDBG, HOME, ESG.; Prepared 5/14/2024 - HUD-established area median Income $186,600 (based on household of 4). Income Limits by Family Size ($) 445 Income limits effective 06/01/2024. Please verify the income and rent figures in use for specific programs. NOTES Income Category 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) *41,150 47,000 52,900 58,750 63,450 68,150 72,850 77,550 Very Low (50% AMI) *68,550 78,350 88,150 97,900 105,750 113,600 121,400 129,250 HOME Limit (60% AMI) *82,260 94,020 105,780 117,480 126,900 136,320 145,680 155,100 HERA Special VLI (50% AMI) ***78,350 89,550 100,750 111,900 120,900 129,850 138,800 147,750 See Note regarding HERA for FY2024*** HERA Special Limit (60% AMI) ***94,020 107,460 120,900 134,280 145,080 155,820 166,560 177,300 See Note regarding HERA for FY2024*** Low (80% AMI) *109,700 125,350 141,000 156,650 169,200 181,750 194,250 206,800 State Median (100% AMI) 130,600 149,300 167,950 186,600 201,550 216,450 231,400 246,300 Income Category SRO *+Studio 1-BR 2-BR 3-BR 4-BR Extremely Low *771 1,028 1,101 1,322 1,527 1,704 Very Low *1,284 1,713 1,836 2,203 2,545 2,840 Low HOME Limit*1,284 1,713 1,836 2,203 2,545 2,840 effective 6/01/2024; 2024 HOME Limit High HOME Limit *1,656 2,208 2,366 2,842 3,275 3,634 effective 6/01/2024; 2024 HOME Limit HERA Special VLI (50% AMI) ***1,468 1,958 2,098 2,518 2,910 3,246 HERA Special Limit (60% AMI) ***1,762 2,350 2,518 3,022 3,492 3,895 Low**2,056 2,742 2,938 3,526 4,073 4,544 CA Tax Credit Rent limits for Low and Median Income Group HUD Fair Market Rent (FMR)2,292 2,818 3,359 4,112 4,473 HUD-published Fair Market Rents Median **2,448 3,426 3,672 4,406 5,090 5,680 CA Tax Credit Rent limits for Low and Median Income Group NOTES * **CA Tax Credit Rent Limits for Low and Median Income Group *** *+ HUD-defined Area Median Income $186,600 (based on householdof 4). State median $186,600 (household of 4) due to hold harmless policy. 2024 San Mateo County Income Limits as determined by HUD, State of CA HCD, and County of San Mateo Income figures provided by HUD for following San Mateo County federal entitlement programs: CDBG, HOME, ESG. For San Mateo County, the Housing & Economic Recovery Act of 2008 (HERA) & the HUD 2010 HOME hold-harmless provision permit multifamily tax subsidy projects (MTSPs) & HOME projects placed in service before 1/1/2009 to continue to use HOME/tax credit/tax exempt bond rents based on the highest income levels that project ever operated under. Once these units are placed in service, the rents will not adjust downward should HUD establish lower incomes/rents in any subsequent year. Marketing of vacant units should be targeted to the current year's income schedule. However, HUD's Section 8 income limits are larger that those defined by Section 3009(a)(E)(ii) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289). Therefore, for FY2024 no special income limits are necessary. Income Limits by Family Size ($) Maximum Affordable Rent Payment ($) SROs with -0- or 1 of the following - sanitary or food preparation facility in unit; if 5+ SRO HOME-assisted units, then at least 20% of units to be occupied by persons with incomes up to 50% AMI. 446 OTHER NOTES (generic) 1 High HOME Limit rent set at lower of: (a) 30% of 60% AMI,or (b) FMR (HUD Fair Market Rent). For 2024, the FMR for Studio is the lower rent. 2 3 Table below provides rent guidance on appropriate income schedule to use: 2024 5/14/2010 to 5/31/2011 2024 1/1/2009 to 5/13/2010 2024 HERA Special Rent Calcuations - The following is the assumed family size for each unit: Studio:1 person 1-BR:1.5 persons 2-BR:3 3-BR: 4.5 4-BR:6 Maximum affordable rent based on 30% of monthly income and all utlilites paid by landlord unless further adjusted by HUD. Utliity allowances for tenant-paid utliites may be established by Housing Authority of County of San Mateo Section 8 Program. 2024 2024 2024 2024 2024 4/24/2019 to 3/31/2020 2024 Maximum Inc. Limits SchedulePlaced in Service Date On or before 12/31/2008 202404/14/2017 to 3/31/18 6/1/2011 to 11/30/2011 12/01/2011 to 11/30/2012 12/01/2012 to 12/17/2013 12/18/2013 to 03/05/2015 03/06/2015 to 03/27/16 03/28/2016 to 4/14/2017 20244/01/2018 to 4/23/2019 2024 4/01/2020 to 3/31/2021 2024 4/01/2021 to 4/17/2022 2024 4/18/2022 to 5/14/2023 2024 5/14/2023 to 3/31/2024 2024 4/01/2024 to present 2024 Rent schedules at www.huduser.org/portal/datasets/mtsp.html for additional information as well as the various income schedules. Please also refer to www.treasurer.ca.gov/ctac/2014/supplemental.asp 447 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-896 Agenda Date:9/11/2024 Version:1 Item #:20a. Resolution of the City Council of the City of South San Francisco authorizing the City’s application to the State of California’s Local Housing Trust Fund Program for $5,000,000 to support affordable housing production within the City. A quorum and majority of the City Councilmembers of the City of South San Francisco (“Applicant”)hereby consents to, adopts, and ratifies the following resolution: A.WHEREAS,the State of California (the “State”)Department of Housing and Community Development (“Department”)is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”)Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1)(as described in Health and Safety Code section 50842.2 et seq.(Chapter 365,Statutes of 2017 (SB 3)) (“Program”); B.WHEREAS,the Department issued a Notice of Funding Availability (“NOFA”)dated 7/9/2024 under the LHTF Program; C.WHEREAS,the Applicant is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Fund; and. D.WHEREAS the Department may approve funding allocations for the LHTF Program,subject to the terms and conditions of H&S Code Section 50842.2,the LHTF Program Guidelines,NOFA,Program requirements,the Standard Agreement and other related contracts between the Department and LHTF award recipients. NOW THEREFORE BE IT RESOLVED THAT: 1.If Applicant receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA,it represents and certifies that it will use all such funds on Eligible Projects 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 LHTF Program,as well as any and all contracts Applicant may have with the Department (“Eligible Project”). 2.NOW,THEREFORE,IT IS RESOLVED:That the City of South San Francisco is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed $5,000,000 (the "LHTF Award"). 3.Applicant hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104.Applicant hereby agrees to utilize matching finds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used,as required by HSC Section 50843.5(c).See City of South San Francisco Printed on 9/12/2024Page 1 of 3 powered by Legistar™448 File #:24-896 Agenda Date:9/11/2024 Version:1 Item #:20a. Eligible Project for which Program Funds are used,as required by HSC Section 50843.5(c).See Attachment 1 for description of how LHTF funds will be used. 4.Pursuant to Attachment 1 and the Applicant’s certification in this resolution,the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements. 5.[Reserved. Not applicable to the City as applicant.] 6.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement,H&S Section 50842.2 and LHTF Program Guidelines. 7.The City Manager of the City of South San Francisco is authorized to execute the LHTF Program Application,the LHTF Standard Agreement,and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant,as the Department may deem appropriate. ATTACHMENTS: 1.Description of LHTF Award Spending PASSED AND ADOPTED at a regular meeting of the City Council of the City of South San Francisco this 11th day of September 2024 by the following vote: AYES: _____ ABSTENTIONS: _____ NOES: ____ ABSENT: _____ Approving Officer: _______________________ Signature of Approving Officer __________________________________________ CERTIFICATE OF THE ATTESTING OFFICER The undersigned,Officer of _________________________does hereby attest and certify that the foregoing Resolution is a true,full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of South San Francisco,which was duly convened and held on the date stated thereon,and that said document has not been amended,modified,repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. ATTEST: ____________________ Signature of Attesting Officer ________________________________________ City of South San Francisco Printed on 9/12/2024Page 2 of 3 powered by Legistar™449 File #:24-896 Agenda Date:9/11/2024 Version:1 Item #:20a. ***** City of South San Francisco Printed on 9/12/2024Page 3 of 3 powered by Legistar™450 Attachment 1 The City of South San Francisco’s Local Housing Trust Fund (LHTF) match (of land and funding) and the proposed LHTF grant will be used for predevelopment and development of affordable rental housing in the City of South San Francisco. All units funded will serve households earning at or below 80% of the area median income, with 30% of units funded serving households earning 30% or less of the area median income. All income targeting will comply with the 2024 LHTF NOFA and LHTF Guidelines. The City has made the following commitments as match for the City’s $5 million LHTF application: - $2 million loaned to BRIDGE Housing for 1051 Mission Road from the City’s housing trust fund, funded by impact fees on commercial development, - $556,789 loaned to Rotary-Beacon for 500 Linden Avenue from the City’s first two years of State PLHA funds, and - $6,850,000 in housing trust funds, funded by impact fees on commercial development, used to acquired three properties with ground floor retail and long-vacant single room occupancy hotel rooms on the second floor. The City is applying for $5 million in LHTF funds and commits to funding two specific projects using at least $2.5 million of these LHTF funds: $2 million for the 158 affordable rental housing units at 1051 Mission Road and $556,789 for 80 affordable senior rental housing units at 500 Linden. Commitment letters from the City to the developers of these projects are being considered for approval concurrently with approval of this Resolution. The balance of LHTF funds will be used for $250,000 in administrative expenses (remaining at or under the 5% cap on administrative expenses) and to fund additional new construction or rehabilitation of affordable rental housing in compliance with LHTF Guidelines. 451 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-907 Agenda Date:9/11/2024 Version:1 Item #:20b. Resolution of the City Council of the City of South San Francisco approving Letters of Intent to fund two affordable rental housing projects with Local Housing Trust Fund funds, if awarded. WHEREAS,the State of California (the “State”)Department of Housing and Community Development (“Department”)is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1)(as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”); WHEREAS,the Department issued a Notice of Funding Availability (“NOFA”)dated 7/9/2024 under the LHTF Program; WHEREAS,the City is applying for $5,000,000 in LHTF funds to match the City’s prior commitments to affordable rental housing development; WHEREAS,the City has already committed $2,000,000 in local housing trust fund dollars,funded by Commercial Linkage Fees,and kept in Fund 823 for the 1051 Mission Road Project by BRIDGE Housing as well as $6,850,000 for the acquisition of 226-246 Grand Avenue; WHERAS,the City has already committed $556,789 in Permanent Local Housing Allocation (“PLHA”)funds to Rotary Club and Beacon Development for the Rotary Gardens Project at 500 Linden; WHEREAS,the City wishes to match these commitments from its housing trust fund with State LHTF funding and so is seeking an award of $5,000,000; WHEREAS,the City wishes to commit 2024 LHTF funds,if awarded,to both the 1051 Mission Road Project and the Rotary Gardens Project on a dollar-for-dollar basis matching its own previous commitments. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve a Letter of Intent to award $2 million in 2024 LHTF funds,if awarded by the State,to BRIDGE Housing for the 1051 Mission Road Project in substantially the form included as Exhibits A to this resolution. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco does hereby approve a Letter of Intent to award $556,789 in 2024 LHTF funds,if awarded by the State,to the Rotary Club and Beacon Development for the Rotary Gardens Project at 500 Linden in substantially the form included as Exhibits B to this resolution. City of South San Francisco Printed on 9/12/2024Page 1 of 2 powered by Legistar™452 File #:24-907 Agenda Date:9/11/2024 Version:1 Item #:20b. ***** City of South San Francisco Printed on 9/12/2024Page 2 of 2 powered by Legistar™453 September 5, 2024 Smitha Seshadri Executive Vice President BRIDGE Housing Corporation 600 California Street, Suite 900 San Francisco, CA 94108 Re: Letter of Intent to Commit Funding for the 1051 Mission Road Affordable Housing Project Dear Ms. Seshadri: This Letter of Intent is provided to BRIDGE Housing (BRIDGE) as evidence of the City of South San Francisco's commitment to provide additional funding for the development of the approved affordable rental housing project at 1051 Mission Road in South San Francisco should the City be awarded State of California Local Housing Trust Fund (LHTF) Program funds. BRIDGE and its market rate development partners, L37/KASA, sought and were granted entitlements for the development of 800 units of housing, a 100-head childcare center, neighborhood serving retail, and publicly accessible open space in 2019. BRIDGE is responsible for the development of the affordable component of the project, 158 units – all affordable to households earning 60% or less of the area median income. In support of the 1051 Mission Road affordable project, the City provided BRIDGE with a $2 million predevelopment loan from the City’s housing trust fund, funded by affordable housing impact fees on commercial development. BRIDGE drew upon this loan to support its entitlement application, building permit application, and preparation of funding applications. BRIDGE has since exhausted these funds and requires additional funding to continue to support predevelopment activities, such as infrastructure planning and design. At this point, the City wishes to grant BRIDGE additional funding and is applying for a State LHTF award to match its initial $2 million commitment to BRIDGE’s project. Should the City be awarded LHTF funds, the City commits to granting at least $2 million of these funds to BRIDGE in support of the development of the 1051 Mission Road project, and in compliance with all LHTF Guidelines and 2024 NOFA requirements. Sincerely, Sharon K. Ranals City Manager, South San Francisco CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER 454 September 5, 2024 Peggy Lichthart Development Director, Northern CA Beacon Development Group 1900 Huntington Drive Duarte, CA 91010 Bruce Wright Rotary Plaza, Inc. 433 Alida Way South San Francisco, CA 94080 Re: Letter of Intent to Commit Funding for the Rotary Gardens Senior Housing Project Dear Ms. Lichthart and Mr. Wright: This Letter of Intent is provided to the Rotary Club and Beacon Development Group (Rotary- Beacon) as evidence of the City of South San Francisco's commitment to provide additional funding for the development of the planned senior affordable rental housing project at 500 Linden Avenue should the City be awarded State of California Local Housing Trust Fund (LHTF) Program funds. Rotary-Beacon is currently seeking entitlements for a two-site development, an 80-unit senior affordable housing project at 500 Linden Avenue and a 64-unit affordable family housing project at 522 Linden Avenue. All of the units will be affordable to households earning 60% or less of the area median income, and 30% of the units will be affordable to households earning 30% or less of the area median income. In support of these twin affordable housing projects, the City has approved two loans to the Rotary- Beacon development group: 1) a loan of Permanent Local Housing Allocation (PLHA) funds for the senior project at 500 Linden in the amount of $556,789 and 2) a loan of Low/Mod-Income Housing Asset Funds for the family project at 522 Linden in the amount of $1,076,383. As provided in the 2024 LHTF NOFA and LHTF Guidelines, LHTF funds may be used to match a local jurisdiction’s PLHA funds, but not Low/Mod-Income Housing Asset Funds. At this point, the City wishes to grant Rotary-Beacon additional funding and is applying for a State LHTF award to match its initial $556,789 commitment (of PLHA funds) to the senior affordable housing project at 500 Linden. CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER 455 Should the City be awarded LHTF funds, the City commits to granting at least $556,789 of these funds to Rotary-Beacon in support of the development of the 500 Linden Avenue project, and in compliance with all LHTF Guidelines and 2024 NOFA requirements. Sincerely, Sharon K. Ranals City Manager, South San Francisco 456 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-677 Agenda Date:9/11/2024 Version:1 Item #:21. 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 City of South San Francisco Printed on 9/6/2024Page 1 of 1 powered by Legistar™457