HomeMy WebLinkAbout12.11.2024@630 Regular CCWednesday, December 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 EDDIE FLORES, Mayor (District 5) MARK ADDIEGO, Vice Mayor (District 1) JAMES COLEMAN, Councilmember (District 4) 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 December 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 12/6/2024 2 December 11, 2024City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW LEVINE ACT DISCLOSURES (SB 1181) If you have donated $250 or more to the campaign of a South San Francisco elected official in the past twelve (12) months, please read the following paragraphs carefully: • The Levine Act (Gov. Code § 84308) requires any Party, Agent, or Participant, as defined in §84308(a), of a proceeding involving any grants, denials, renewals, restrictions, or modifications to any licenses and permits, entitlements for use, contracts, or franchises (“Proceeding”), to disclose on the record any contributions they have made to any elected, appointed, or candidate for City Officer totaling more than $250 within the preceding 12 months. • The Levine Act also requires any elected, appointed, alternate, or candidate for City Officer who has received a contribution totaling $250 within the past 12 months from a Party, Agent, or Participant of a Proceeding to (1) disclose that fact on the record involving the Proceeding and (2) to recuse themselves from, and in no way attempt to use their official position to influence any decision involving, the Proceeding. • Elected, appointed, alternates, or candidates for City Officer are prohibited from accepting, soliciting, and directing, and Parties, Participants, and Agents are prohibited from making, campaign contributions of more than $250 while the Proceeding is pending and for 12 months after the date a final decision is rendered for the Proceeding. Violations of the Levine Act may result in a civil action brought by the Fair Political Practice Commission (FPPC) for an amount up to five thousand dollars ($5,000) per violation. Any person who knowingly or willfully violates any provision of the Political Reform Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person unlawfully contributed upon conviction for each violation. ANNOUNCEMENTS FROM STAFF PRESENTATIONS Colma Creek Trash Capture Presentation (Jim Porter, Town of Colma)1. Presentations from the Parking Place Commission and Traffic Safety Commission. (Marissa Garren, Public Works Management Analyst II) 2. Page 3 City of South San Francisco Printed on 12/6/2024 3 December 11, 2024City Council Regular Meeting Agenda Presentation from the Commission on Equity and Public Safety. (Devin Stenhouse, DEI Officer) 3. COUNCIL COMMENTS/REQUESTS PUBLIC COMMENTS Under the Public Comment section of the agenda, members of the public may speak on any item not listed on the Agenda and on items listed under the Consent Calendar. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. Written comments on agenda items received prior to 4:30 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 November 13, 2024. (Rosa Govea Acosta, City Clerk) 4. Motion to approve the re-appointment of advisory body members to the Bicycle and Pedestrian Advisory Commission (BPAC), Cultural Arts Commission, and Youth Commission. (Rosa Govea Acosta, City Clerk) 5. Motion to accept the construction improvements of the East of 101 Transit Expansion Project, (tr2203) as complete in accordance with plans and specifications (Total Construction Cost $639,906.44). (Angel Torres and Audriana Hossfeld, Senior Civil Engineers) 6. Report regarding a resolution authorizing the City Manager to execute the First Amendment to the Public Art Agreement between the City of South San Francisco with Ride Art, LLC of Berkeley, California for extended storage fees and risk insurance for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $6,250. (Philip Vitale, Deputy Director of Capital Projects) 7. Page 4 City of South San Francisco Printed on 12/6/2024 4 December 11, 2024City Council Regular Meeting Agenda Resolution amending a Public Art Agreement with Ride Art, LLC of Berkeley, California for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $6,250. 7a. Report regarding resolution accepting reimbursement in the amount of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events (Rich Lee, Assistant City Manager) 8. Resolution accepting reimbursement in the amount of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events 8a. Report regarding a resolution approving and authorizing the City Manager to execute a Project Partnership Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project and approving Budget Amendment Number 25.029 (Audriana Hossfeld, Senior Civil Engineer) 9. Resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project (ss1802) in the amount projected to be $5,652,138. 9a. Report regarding a resolution approving the Updated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement, allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. (Matt Samson, Fire Chief) 10. Resolution approving the Second Revised and Restated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement, allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. 10a. Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2023-24. (Karen Chang, Director of Finance) 11. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2023-24. 11a. Page 5 City of South San Francisco Printed on 12/6/2024 5 December 11, 2024City Council Regular Meeting Agenda Report regarding a resolution authorizing the filing of an application for the Metropolitan Transportation Commission (MTC) Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415) (Audriana Hossfeld, Senior Civil Engineer) 12. Resolution authorizing the filing of an application for the Metropolitan Transportation Commission (MTC) Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415). 12a. Report regarding a resolution accepting $30,000 from Genentech, Inc to support the Library’s Summer Learning Challenge 2025, amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.028. (Valerie Sommer, Library Director) 13. Resolution authorizing the acceptance of $30,000 from Genentech, Inc. to support the Library’s Summer Learning Challenge 2025, amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.028. 13a. Report regarding adoption of an ordinance amending Chapter 2.85 of the South San Francisco Municipal Code to clarify the protocol for filling vacancies on the Equity and Public Safety Commission. (Schuyler Schwartz, Assistant City Attorney) 14. Ordinance amending Chapter 2.85 of the South San Francisco Municipal Code for vacancy appointments for the Equity and Public Safety Commission. 14a. Report regarding a resolution approving a lease agreement with Bar Antz, LLC (DBA Bitters & Bottles) for the commercial space, kitchen, and rear garage at 240 Grand Avenue. (Katie Donner, Management Analyst I) 15. Resolution approving a lease agreement with Bar Antz, LLC, a California Limited Liability Company doing business as Bitters and Bottles, for the commercial space, kitchen, and rear garage at 240 Grand Avenue and authorizing the City Manager to execute said agreement. 15a. Page 6 City of South San Francisco Printed on 12/6/2024 6 December 11, 2024City Council Regular Meeting Agenda PUBLIC HEARING Report regarding a resolution amending the City of South San Francisco’s Community Development Block Grant Program Year 2024-2025 Annual Action Plan and authorizing its submittal and all other required documents to the U.S. Department of Housing and Urban Development; (Alvina Condon, Management Analyst II) 16. Resolution amending the City of South San Francisco’s Community Development Block Grant Program Year 2024-2025 Annual Action Plan and authorizing its submittal and all other required documents to the U.S. Department of Housing and Urban Development. 16a. ADMINISTRATIVE BUSINESS Report regarding a resolution authorizing the City Manager to execute a Memorandum of Understanding between the County of San Mateo and the South San Francisco Police Department to continue the Community Wellness Crisis Response Team program in South San Francisco for Fiscal Year 2024-25. (Adam Plank, Police Captain) 17. Resolution authorizing the City Manager to execute a Memorandum of Understanding between the County of San Mateo and the South San Francisco Police Department to continue the Community Wellness Crisis Response Team program in South San Francisco for Fiscal Year 2024-25. 17a. Report regarding a resolution approving the sale of a City-owned Below Market Rate (BMR) housing unit at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) and authorizing the City Manager to execute related sale documents. (Elia Moreno, Management Analyst I) 18. Resolution approving and authorizing the sale of a City-owned Below Market Rate (BMR) housing unit at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) to a qualified buyer earning up to 100% of the area median income in accordance with the City’s BMR restrictions, priced at the time marketing begins, and authorizing the City Manager to execute a Grant Deed, Affordable Housing Resale Restriction Agreement, and any other documents necessary to effectuate the sale of the BMR unit. 18a. Report regarding a project status update on the Preliminary Engineering and Environmental phase of the South Linden Avenue and Scott Street Grade Separation Project (Project No. st1004) (Angel Torres, Senior Engineer) 19. Page 7 City of South San Francisco Printed on 12/6/2024 7 December 11, 2024City Council Regular Meeting Agenda ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Council to discuss candidate endorsement for C/CAG vacancies and OneShoreline recruitment. (Mayor) 20. Council discussion on City Selection Committee candidates. (Mayor)21. CLOSED SESSION Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Sharon Ranals, City Manager, Rich Lee, Assistant City Manager, Leah Lockhart, Human Resources Director Employee organizations: AFSCME Local 829, IAFF Local 1507, SSF Police Association, Teamsters Local 856-Confidential, Teamsters Local 856-Mid-Management, Unrepresented Groups 22. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: Parcels on Sign Hill, South San Francisco (APNs 012-351-020, 012-351-030, 012-024-060, 012-024-070, 012-024-080, 012-024-090, 012-024-100, 012-024-110, and 012-024-120) Agency Negotiators: Nell Selander, Economic & Community Development Director; Greg Mediati, Parks and Recreation Director; and Sky Woodruff, City Attorney Negotiating parties: Syme Venture Partners LP Under negotiation: Price and terms 23. ADJOURNMENT Page 8 City of South San Francisco Printed on 12/6/2024 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1153 Agenda Date:12/11/2024 Version:1 Item #:1. Colma Creek Trash Capture Presentation (Jim Porter, Town of Colma) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™9 Colma Creek Trash Capture South San Francisco City Council December 11, 2024 10 Background •San Francisco Regional Water Quality Board MRP 3.0 requires 100% Stormwater Trash Capture by June 2025 •Town of Colma Received $7.04M grant from Caltrans to construct trash capture system in Colma Creek •Colma Creek managed by One Shoreline •Multi-agency project –Colma, Daly City, South San Francisco, San Mateo County, One Shoreline •Treat approx. 3,377 acres in Colma Creek watershed (trash only) and approx. 793 acres in Old Colma Creek watershed (Trash and sediment) for total area treated of approx. 4,170 acres 11 Project Treatment Area 12 Design Consultant Scope of Work •Evaluate trash capture device options (both watershed) and sediment removal options (Old Colma Creek watershed) •Perform hydraulic analysis of impacts of installing trash capture and sediment removal devices to channel capacity (hydraulic model of Colma Creek will be provided) •Evaluate alternatives and expected capital and ongoing maintenance costs •Recommend preferred alternative •Perform environmental analysis and clearance (CEQA/NEPA) 13 Design Consultant Scope of Work (continued) •Complete 30%, 60%, 95%, and Bid Package design documents (plans, specifications, and estimates) •Provide bid period and construction period engineering support 14 Project Location 15 Project Location 16 Benefits to South San Francisco •Reduce trash and sediment transported to Orange Memorial Park trash capture and infiltration system •Reduce trash and sediment transported downstream to San Francisco Bay 17 Questions? 18 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-700 Agenda Date:12/11/2024 Version:1 Item #:2. Presentations from the Parking Place Commission and Traffic Safety Commission.(Marissa Garren, Public Works Management Analyst II) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™19 City of South San Francisco Parking Place Commission City Council Meeting –December 11, 2024 20 Meet the Commission DECEMBER 11, 2024 2 Hermes Monzon Commissioner Brandon Chan Vice Chairperson Dana Abarca Chairperson PARKING PLACE COMMISSIONCommissioners Supporting Staff Marissa Garren, Commission Secretary Diana Wang, Commission Clerk Dave Bockhaus, Deputy Director of Public Works Alex Henry, Public Works Program Manager Agustin Sandoval, Parking Technician Parking Place Commission Meetings Occur the second Tuesday of each month 5 p.m. at Corporation Yard Conference Room (550 North Canal Street) 21 What we do! Recommendations for public parking facilities within SSF Parking District Involved with development, operation, and maintenance of parking areasAuthority to set parking fees, stay times, and ensure parking spaces/facilities meet the needs of the public DECEMBER 11, 2024 PARKING PLACE COMMISSION3 22 Commission Initiatives PARKING PLACE COMMISSION4 •Regular review of Parking District Fund revenue and expenditures •Provide input on Property and Business Improvement District (PBID) formation •Provide input and support of parking operations and improvement projects: •Parking study •Surface lot paving •Enforcement •Parking signage and counters DECEMBER 11, 2024 23 Goals for Future 5 •Increase public engagement •Review, discuss, and revise roles moving forward •Continue receiving regular updates in support of city projects •Provide input on city projects within Parking District •Develop Parking Master Plan DECEMBER 11, 2024 PARKING PLACE COMMISSION24 Feedback + Questions For questions or more information about the Parking Place Commission: •City website – www.ssf.net •Email Parking@ssf.net 6PARKING PLACE COMMISSIONDECEMBER 11, 2024 Info on Parking Place Commission 25 Thank you! 7PARKING PLACE COMMISSION26 CITY OF SOUTH SAN FRANCISCO’S TRAFFIC SAFETY COMMISSION CITY COUNCIL MEETING – DECEMBER 11, 2024 27 MEET THE COMMISSION Dana Abarca Commissioner Brandon Chan Commissioner Hermes Monzon Chairperson Justin Yuen Vice Chairperson Dave Carbone Commissioner Marissa Garren, Commission Secretary Diana Wang, Commission Clerk Dave Bockhaus, Deputy Director of Public Works Alex Henry, Public Works Maintenance Program Manager Commissioners Supporting Staff 28 Receive and review traffic safety issues at key locations for input to appropriate city staff Receive presentations and provide input to city staff on traffic safety- related projects listed in City’s Capital Improvement Program Review and discuss monthly Traffic Advisory Committee (TAC) agendas and minutes in response to requests submitted by public COMMISSION’S OPERATIONS Traffic Advisory Committee (TAC) Info 29 GOALS •Increase public engagement •Receive presentations and provide input on all traffic-related projects and regulations •Involvement and familiarization with: •Vision Zero Action Plan •Local Roadways Safety Plan •Traffic safety laws 30 COMMISSION MEETINGS Traffic Safety Commission Meetings •When - second Tuesday of each month immediately after the Parking Place Commission meetings •Where - Corporation Yard Conference Room (550 North Canal Street) For questions or more information about the Traffic Safety Commission: •City website – www.ssf.net or scan QR code •Email - TrafficSafety@ssf.net 31 THANK YOU! Thank You 32 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1195 Agenda Date:12/11/2024 Version:1 Item #:3. Presentation from the Commission on Equity and Public Safety.(Devin Stenhouse, DEI Officer) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™33 Commission on Equity and Public Safety South San Francisco City Council Update Wednesday, December 11, 2024 34 •Established February 2022 •7 members •5 representing districts •2 at-large •1 alternate •Advisory body to council •Meets 3rd Monday of the month @ 6:00 pm (City Hall, Conference Room, 400 Grand Ave.) Equity Commission 2024: Introduction 2 35 An advisory body to the City Manager and City Council on matters relating to community equity and safety, applying an equity lens to community issues and fostering a sense of safety. Commission on Equity and Public Safety is… 3 •Diversity, equity, inclusion, and belonging •Public safety and services •Youth in the criminal justice system •Liaisons for the community •Community connections •Police-community relations •Complaints •Records review (public) •Data •Work Plan 36 Commissioners: •Arnel Junio, Chair (District 3) •PaulaClaudine Hobson-Coard, Vice Chair (District 1) •Krystle Cansino (District 2) •Ruby Harrison (At Large) •Carol Sanders (District 4) •Steven Yee (At Large) •Bianca Bedigian, Alternate Commission Members Staff 4 City Personnel: •R. Devin Stenhouse (Diversity, Equity, and Inclusion Officer) •Kathy Ko (Administrative Assistant, Capital Projects) 37 In 2024, the commission focused attention on the following: 1.Families with young children in need of childcare •SSF Youth Enrichment Services Supervisor •Early Learning Program Supervisors 2.Services for residents who are senior citizens •Parks and Recreation Director 3.Increasing the commission’s visibility among the public •Researched various equity commission webpages: update the current page •Increase presence at city event and programs Commission Goals: 2024 5 38 Commission Goals: 2025 1.The Commission will present recommendations to City Council in early 2025 2.The Commission will increase public awareness of the Commission 3.The Commission intends to host at least one public forum in 2025 Commission on Equity and Public Safety 6 For questions or more information: •www.ssf.net or scan QR Code •Email ssfracialsocialequity@ssf.net •Call (650) 829-3817 39 Commission on Equity and Public Safety South San Francisco City Council Update Wednesday, December 11, 2024 THANK YOU 40 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1196 Agenda Date:12/11/2024 Version:1 Item #:4. Motion to approve the Minutes for November 13, 2024. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™41 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 Assistant City Manager Lee led the pledge. AGENDA REVIEW No changes. LEVINE ACT DISCLOSURES (SB 1181) Following an inquiry, the Council reported no disclosures. ANNOUNCEMENTS FROM STAFF Parks and Recreation Director Mediati invited the community to the following community events: • 51st Annual Thanksgiving Fun Run on Saturday, November 23, 2024, at 9:00 a.m. at the Oyster Point Marina Park. • Santa Comes to Town on Saturday, December 7, 2024, from 10:00 a.m. to 2:00 p.m. at City Hall, 400 Grand Avenue. Management Analyst Donner apprised the Council and the community on Holiday Decorations and the Biotech Speaker Series scheduled for Friday, November 15, 2024, from 7:00 p.m. – 8:00 p.m. at the Council Chambers in the Library | Parks & Recreation Building. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, NOVEMBER 13, 2024 6:30 p.m. Library Parks and Recreation Building Council Chambers 901 Civic Campus Way, South San Francisco, CA Teleconference Location: Hilton Tampa Downtown, Lobby 211 North Tampa St. Tampa, FL 33602 42 REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2024 MINUTES PAGE 2 Library Director Sommers invited the community to the following event: • Time has Many Voices: Excavation of a Muwekma Ohlone Village film on Monday, November 18, 2024, at 6:00 p.m. in the Council Chambers - Library | Parks & Recreation Center. Management Analyst Donner provided an update on the Holiday Decorations throughout the community. She invited the community to join the Biotech Speaker Series 4th session on Friday, November 15, 2024, at 6:00 p.m. at the LPR Executive Assistant to the City Manager Patea solicited volunteers for the Thanksgiving Food Distribution event on Tuesday, November 26, 2024. For more information, contact the City Manager’s office at (650) 877-8502. She invited the community to the following community events: • Sign Hill Tree Lighting Ceremony on Monday, December 2, 2024, from 5:00 p.m. - Library | Parks & Recreation Center. • City Council Reorganization on Tuesday, December 10, 2024, at 6:30 p.m. at the South San Francisco Conference Center. PRESENTATIONS 1. Proclamation recognizing November 14, 2024, as Ruby Bridges Walk to School Day. (James Coleman, Mayor) Martin School Elementary scholars read a proclamation in honor of the Ruby Bridges and expressed their gratitude for the Council's support. 2. Proclamation recognizing Shop Small Business Saturday, November 30, 2024. (James Coleman, Mayor) Chief Executive Officer of the South San Francisco Chamber of Commerce, Mary Prem, accepted the proclamation on behalf of the downtown merchants and thanked the Council for their continued support. 3. Proclamation celebrating November as Native American Heritage Month. (James Coleman, Mayor) Councilmember Addiego read into the record a proclamation recognizing Native American Heritage Month. Charlene Nijmeh, Muwekma Ohlone Tribal Chairwoman, accepted the proclamation and thanked the Council for their support and recognition. 4. Certificate congratulating Assistant City Clerk Miranda for achieving her Certified Municipal Clerk designation (CMC) from the International Institute of Municipal Clerks. (James Coleman, Mayor) Mayor Coleman presented Assistant City Clerk Miranda with a Certificate of Recognition for obtaining her Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks. Assistant City Clerk Miranda thanked the Council for the recognition. 43 REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2024 MINUTES PAGE 3 5. Planning Commission Presentation regarding the role of the Commission and recent work Chair Faria provided an overview of the Planning Commission's role and current projects. Councilmember Nagales thanked Chair Faria and the Planning Commission for their work and suggested a joint meeting with the City Council to discuss projects. COUNCIL COMMENTS/REQUESTS Councilmember Nicolas apprised the community of the events attended and congratulated the South San Francisco Women’s Club on its 110th Anniversary celebration. She requested that the meeting be adjourned in memory of Emily Uccelli, Vince Martinucci, and Gloria Pacis. Vice Mayor Flores apprised the community of the events attended and the resources available. He invited the community to the North County Center Open House with the National Alliance on Mental Illness (NAMI) of San Mateo County on Monday, November 18, 2024, from 6:00 p.m. to 7:30 p.m. at the Roberta Cerri Teglia Center, 601 Grand Avenue (3rd floor). Councilmember Addiego apprised the community of the events attended and encouraged the community to join the Sister Cities Committee. He congratulated Vicky Lau Kim, owner of Cable Car Café, for their upcoming 30th anniversary celebration on Saturday, November 16, 2024. He congratulated Councilmember Mark Nagales and Mayor James Coleman on their re-election and requested that the meeting be adjourned in memory of Emily Uccelli. Councilmember Nagales apprised the community of an event involving PG&E in the District 2 Westborough neighborhood. Fire Chief Samson provided an update on the event and conversations with PG&E representatives. He thanked the community for their vote of confidence in re-electing him to the City Council and expressed his gratitude to all candidates of this election. He requested information on the EV chargers and the left turn signal at the intersection of El Camino Real/Chestnut Avenue. Mayor Coleman invited the community to the Grand Opening of Nations on Monday, November 18, 2024, at noon. He apprised the community of the events attended. He thanked the voters for their support and his campaign committee for making it possible for him to continue serving the South San Francisco community and for approving Measure W. He congratulated Councilmember Nagales, South San Francisco School Board Trustees Pat Murray and Amy Lam, Avin Sharma, and Vivian Ramos for their commitment to the community. PUBLIC COMMENTS – NON-AGENDA ITEMS The following individuals addressed the City Council: • Cory David • Jennifer Garstang • Norm Torello • Cynthia Marcopulos • Amanda Parker Govea 44 REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2024 MINUTES PAGE 4 CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which the Council voted. 6. Motion to approve the Minutes for October 23, 2024. (Rosa Govea Acosta, City Clerk) 7. Informational report regarding update on the City of South San Francisco’s investment portfolio as of September 30, 2024 (Frank Risso, Treasurer, Karen Chang, Director of Finance, Carlos Oblites, Chandler Asset Management) 8. Report regarding a Resolution No. 168-2024 accepting $5,073.37 from the South San Francisco Friends of the Library to support Library collections, programs and services, amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.026. (Valerie Sommer, Library Director) 9. Report regarding Resolution No. 169-2024 authorizing the City Manager to execute an agreement with Metro Mobile Communications for the purchase of 145 public safety portable radios and 65 mobile radios in an amount not to exceed $500,842.62 (Scott Campbell, Chief of Police) 10. Report regarding Resolution No. 170-2024 authorizing the acceptance of a donation of 125 boxes of chocolates from See’s Candies, valued at $3,750, for the League of California Cities annual conference held on October 15 - 18, 2024 (Rich Lee, Assistant City Manager) Motion – Councilmember Nagales /Second – Councilmember Addiego: To approve Consent Calendar items 6-10 by roll call vote: AYES: Mayor Coleman, Councilmembers Addiego, Nicolas, Nagales, and Vice Mayor Flores; NAYS: None; ABSENT: None; ABSTAIN: None ADMINISTRATIVE BUSINESS 11. Report regarding introduction of an ordinance amending Chapter 2.85 of the South San Francisco Municipal Code to clarify the protocol for filling vacancies on the Equity and Public Safety Commission. (Schuyler Schwartz, Assistant City Attorney) City Attorney Woodruff presented the report. The council engaged in discussion and expressed his support. Motion – Councilmember Nagales /Second – Councilmember Addiego: To introduce an Ordinance amending Chapter 2.85 of the South San Francisco Municipal Code to clarify the protocol for filling vacancies on the Equity and Public Safety Commission by roll call vote: AYES: Mayor Coleman, Vice Mayor Flores, Councilmembers Nicolas, Addiego, Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Mayor Coleman invited the community to join the City Council Reorganization event on Tuesday, December 10, 2024, at 6:30 p.m. at the South San Francisco Conference Center. 45 REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2024 MINUTES PAGE 5 CLOSED SESSION Entered into Closed Session: 7:45 p.m. 12. Conference with Legal Counsel-Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)) Name of case: Marisol Arrez Cabrera v. Krishna Maharaj, et al. (San Mateo County Superior Case No. 23-CIV-04871) Resumed from Closed Session: 8:04 p.m. ADJOURNMENT Being no further business, Mayor Coleman adjourned the City Council meeting at 8:05 p.m. *** Adjourned in Memory of Emily Uccelli, Vince Martinucci, and Gloria Pacis *** Submitted by: Approved by: Rosa Govea Acosta James Coleman City Clerk Mayor Approved by the City Council: / / NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member's 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 46 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1013 Agenda Date:12/11/2024 Version:1 Item #:5. Motion to approve the re-appointment of advisory body members to the Bicycle and Pedestrian Advisory Commission (BPAC), Cultural Arts Commission, and Youth Commission.(Rosa Govea Acosta, City Clerk) RECOMMENDATION Staff recommends that the City Council approve,by motion,the re-appointment of Commissioners Darryl Yip and Dylan Hingley to the Bicycle and Pedestrian Advisory Commission (BPAC)to respective four-year terms expiring December 11,2028;Commissioner Oscar Sanchez to the Cultural Arts Commission for a four-year term expiring December 11,2028;and Commissioner Nataly Quinteros to the Youth Commission for a two-year term expiring December 11, 2026. BACKGROUND/DISCUSSION The Bicycle Pedestrian Advisory Committee consists of seven members appointed to four-year terms by the City Council and limited to three consecutive terms.The Committee meets on the first Wednesday of every month at 6:00 p.m. The Committee serves as an advisory body and makes recommendations to the City Council on policy, programming,improvements,operation,maintenance,accessibility,and usage of bicycle and pedestrian facilities throughout the City. The Cultural Arts Commission consists of eleven members appointed to four-year terms by the City Council and limited to three consecutive terms. The Commission meets monthly on the fourth Tuesday at 6:30 p.m. The South San Francisco Cultural Arts Commission is organized to support,promote,and protect community interest and diversity in art,culture,and creative expression;Connect and build community among local artists of all ages to encourage and support artist education and development;Improve infrastructure,economic development,and cultural diversity through acquisition and exhibition of public art;Celebrate and preserve diverse and significant heritage through culturally sensitive exhibitions of art in all its forms. The Youth Commission consists of fifteen members appointed to two-year terms by the City Council and limited to age restrictions. The Commission meets monthly on the first Monday of the month at 6:30 p.m. The Commission seeks to address issues affecting youth through collaboration with the City Council and SSFUSD School Board.This opportunity allows students and youth to engage in local government while learning about how decisions made affect daily life,in addition to how Boards and Commissions are involved in the process. As indicated in the newly adopted City Council Handbook,incumbents received written communication informing them of their upcoming term expirations.Four have confirmed their continued interest in serving on the Commission. Below is a list of incumbents eligible for re-appointment. Bicycle and Pedestrian Advisory Commission (BPAC) Darryl Yip Commissioner Yip was appointed on October 19, 2021, to a partial term ending July 19, 2024. Dylan Hingey Commissioner Hingey was appointed on August 29, 2023, to a partial term ending July 19, 2024. City of South San Francisco Printed on 12/4/2024Page 1 of 2 powered by Legistar™47 File #:24-1013 Agenda Date:12/11/2024 Version:1 Item #:5. Bicycle and Pedestrian Advisory Commission (BPAC) Darryl Yip Commissioner Yip was appointed on October 19, 2021, to a partial term ending July 19, 2024. Dylan Hingey Commissioner Hingey was appointed on August 29, 2023, to a partial term ending July 19, 2024. Cultural Arts Commission Oscar Sanchez Commissioner Sanchez was appointed on August 30, 2023, to a partial term ending June 13, 2024. Youth Commission Nataly Quinteros Commissioner Quinteros was appointed on September 20, 2022, to a term ending September 20, 2024. FISCAL IMPACT There is no fiscal impact associated with this action. CONCLUSION Staff recommends that the City Council approve,by motion,the re-appointment of Commissioners Darryl Yip and Dylan Hingley to the Bicycle and Pedestrian Advisory Commission (BPAC)to respective four-year terms expiring December 11,2028;Commissioner Oscar Sanchez to the Cultural Arts Commission for a four-year term expiring December 11,2028;and Commissioner Nataly Quinteros to the Youth Commission for a two- year term expiring December 11, 2026. City of South San Francisco Printed on 12/4/2024Page 2 of 2 powered by Legistar™48 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-922 Agenda Date:12/11/2024 Version:1 Item #:6. Motion to accept the construction improvements of the East of 101 Transit Expansion Project,(tr2203)as complete in accordance with plans and specifications (Total Construction Cost $639,906.44).(Angel Torres and Audriana Hossfeld, Senior Civil Engineers) RECOMMENDATION Staff recommends City Council,by motion,accept the construction improvements of the East of 101 Transit Expansion Project (tr2203)as complete in accordance with plans and specifications (total construction cost $639,906.44). BACKGROUND/DISCUSSION On November 9,2022,City Council awarded East of 101 Transit Expansion Project (tr2203)to Golden Bay Construction of Hayward, California. The E101 Transit Expansion Project (“Project”also known as the Quick-Strike Bus Stop Improvement Project) installed new bus stops,bus shelters,signage,striping,and high-visibility crosswalks at several locations throughout the East of 101 area. The project locations are identified on Vicinity Map as Attachment 1. The Engineering Division inspected the work and found the project to be substantially complete in accordance with the contract documents as of September 20,2024.This staff report includes pre-and post-construction photos as Attachment 2. FISCAL IMPACT This project (tr2203)was included in the City of South San Francisco’s Fiscal Year (FY)2021-22 budget.There are sufficient funds to cover the total construction contract costs. The total construction cost incurred for the project is summarized as follows: Projected Actual Golden Bay Construction $537,056.00 $537,056.00 Construction Contingency $105,600.00 $102,850.44 Total Construction Budget $642,656.00 $639,906.44 The total construction budget was approved by City Council on November 9,2022.On September 17,2024, the City Manager approved expenditure of $25,000.00 from the contingency budget. The construction project budget includes the following funding sources: Funding Source Amount Used for tr2203 Construction MTC Grant $476,487.00 E 101 Traffic Impact Fees $163,419.44 Total $639,906.44City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™49 File #:24-922 Agenda Date:12/11/2024 Version:1 Item #:6. Funding Source Amount Used for tr2203 Construction MTC Grant $476,487.00 E 101 Traffic Impact Fees $163,419.44 Total $639,906.44 Remaining local funds available after the close of the project will be reallocated to other CIP projects. 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 both maintaining and improving accessible infrastructure. CONCLUSION Staff recommends acceptance of the project as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s Office.At the end of the thirty-day lien period,the retention funds will be released to the contractor after the City receives a one-year warranty bond. Attachments: 1.Vicinity Map 2.Pre- and Post-Construction Photos City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™50 ATTACHMENT 1 – FINAL WORK LOCATIONS TR2203 – QUICK STRIKE BUS STOP IMPROVEMENTS OYSTER POINT BLVD OYSTER POINT BLVD GATEWAY BLVDGATEWAY BLVDEAST GRAND AVE EAST GRAND AVE DNA WAY EAST GRAND AVE HASKINS WAYSWIFT AVEKIMBALL WAYLITTLEFIELD AVEHARBOR WAYGATEWAY BLVDFORBES BLVDALLERTON AVEGULL DRECCLES AVEVETERANS BLVDBUS STOP IMPROVEMENT LOCATION CROSSWALK MARKING IMPROVEMENT LOCATION ECCLES AVEDNA WAYDNA WAY ALLERTON AVEFORBES BLVD FORBES BLVD GATE W A Y B L V D GATEWAY BLVDEA S T G R A N D A V E EA S T G R A N D A V E FORB E S B L V D BUS STOP SHELTER IMPROVEMENT LOCATION 51 East of 101 Transit Expansion Project (Quick Strike):Before and After Construction Photos52 Verily and East Grand (westbound)AfterBefore53 Verily and East Grand (eastbound)AfterBefore54 Oyster Point and EcclesAfterBefore55 Haskins and East GrandAfterBefore56 Gateway and Corporate (northbound)AfterBefore57 Gateway and Corporate (southbound)AfterBefore58 600-900 GatewayAfterBefore59 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-881 Agenda Date:12/11/2024 Version:1 Item #:7. Report regarding a resolution authorizing the City Manager to execute the First Amendment to the Public Art Agreement between the City of South San Francisco with Ride Art,LLC of Berkeley,California for extended storage fees and risk insurance for the Caltrain Public Art Installation (Project No.pf2102)in an amount not to exceed $6,250.(Philip Vitale, Deputy Director of Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Public Art Agreement with RIDE ART,LLC for extended storage fees and risk insurance for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $6,250. BACKGROUND/DISCUSSION The City entered into a Public Art Agreement with RIDE ART,LLC on July 28,2021 for design and purchase of three public art pieces,which included a vertical sculpture and two matching lawn pieces for a price of $464,000 to be installed at the Caltrain Plaza, which was later named the Karyl Matsumoto Plaza. The plaza is located between the West exit of the South San Francisco Caltrain Station tunnel and the intersection of Airport Boulevard and Grand Avenue.The construction of this plaza was originally part of the overall South San Francisco Caltrain Station construction project.Unfortunately,the timing of a portion of the plaza construction was delayed due to the completion of the development at 200 Airport and improvements by PG&E to improve the reliability of their gas distribution lines in the vicinity. Construction of the second phase of the plaza began on February 20,2024.As a result of the longer than anticipated construction schedule for 200 Airport and the plaza,installation of the art pieces was delayed by seven months,resulting in additional storage fees and extended risk insurance coverage for the artists, which was passed onto the City. The art pieces were ultimately installed at the plaza in August 2024,with a dedication ceremony held on September 21, 2024. A storage fee of $500/month started on December 28,2023,and ended on July 18,2024,for a cost of $3,500.The extended project schedule also required the artist to extend the risk insurance policy with a premium cost of $2,750. Together, these additional costs total $6,250. Description Date Amount Original Agreement 7/28/2021 $ 464,000 1st Amendment $ 6,250 TOTAL:$ 470,250 FISCAL IMPACT This project is funded by the General Fund and included in the City of South San Francisco’s Fiscal Year 2021-22 Capital Improvement Program for the Caltrain Plaza Public Art Project (Project No.pf2102)with sufficient project funds remaining to cover the cost of the first contract amendment.Because the sculptures are installed and the plaza is now open, Staff does not anticipate any additional costs related to the art pieces. City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™60 File #:24-881 Agenda Date:12/11/2024 Version:1 Item #:7. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan. It aligns with Priority #2 which is focused on enhancing quality of life. CONCLUSION Staff recommends City Council authorize the City Manager to execute the First Amendment to the Public Art Agreement with RIDE ART, LLC for extended storage fees and risk insurance for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $6,250. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™61 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-882 Agenda Date:12/11/2024 Version:1 Item #:7a. Resolution amending a Public Art Agreement with Ride Art, LLC of Berkeley, California for the Caltrain Public Art Installation (Project No. pf2102) in an amount not to exceed $6,250. WHEREAS, at the May 8, 2021 meeting of the Caltrain Plaza Art Selection Committee, the Committee voted in favor of recommending to City Council for approval the design, installation, and purchase of the Inspire Sculpture and Gear Benches by Ride Art, LLC, and other related work, for a total contract amount of $464,000; and WHEREAS, the City and Ride Art negotiated a Public Art Agreement to memorialize the terms of the work proposal and other related requirements; and WHEREAS, the project was included in the City of South San Francisco's Fiscal Year 2020-21 Capital Improvement Program as the Caltrain Plaza Public Art Project (Project No. pf2102), with sufficient funding appropriate to cover its costs; and WHEREAS, on July 28, 2021, the City Council of the City of South San Francisco approved a Public Art Agreement between the City and Ride Art, LLC for the design, purchase, installation, and other related work by Ride Art regarding artworks for the Caltrain Plaza Project, in the amount of $464,000; and WHEREAS, plaza construction was delayed, requiring longer than anticipated storage of the fabricated art pieces and an extension of the risk insurance coverage by the artist for a total additional cost of $6,250; and WHEREAS, sufficient funding remains in the project budget (Project No. pf2102) to cover these additional costs. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby authorizes the First Amendment attached herewith as “Exhibit A” of the existing Public Art Agreement between the City and Ride Art, LLC of Berkeley, California in an amount not to exceed $6,250 and authorizing a total not to exceed contract amount of $470,250. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement amendments and any other related actions on behalf of the City upon timely submission of Ride Art’s signed contract amendment and all other required documents, subject to approval as to form by the City Attorney. City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™62 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RIDE ART, LLC THIS FIRST AMENDMENT TO THE PUBLIC ART AGREEMENT is made at South San Francisco, California, as of December 11, 2024 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Ride Art, LLC (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On July 28, 2021, City and Contractor entered that certain Public Art Agreement (“Agreement”) whereby Contractor agreed to design, fabricate, and install a sculpture located at the Caltrain Plaza. 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. Article II: Compensation. Article II of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $ 470,250.00, with the understanding that up to $392,000.00 has already been paid to Contractor. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. 3. Scope of Services. The Scope of services is amended and attached as Exhibit B to this 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] 63 Dated: CITY OF SOUTH SAN FRANCISCO RIDE ART, LLC By: By: Sharon Ranals, City Manager Saori Russell, Artist Attest: By: ______________________________ Jonathan Russell, Artist _______________________________ City Clerk Approved as to Form: By: City Attorney 64 CONTRACT/AGREEMENT APPROVAL FORM Date:  Name of Contract/Agreement  Originating Department/Responsible Person, ext.  Vendor  Routing Instructions:  TYPE OF CONTRACT:  Have there been any changes to the Contract Template? No Yes  CONTRACT AMOUNTS:  APPROVAL AUTHORITY:  INSURANCE REQUIREMENTS:   Waivers requested  No Yes (If Yes, Route to Risk Manager for signature first)  BUDGETARY: Included in Budget (Simpler report attached showing amounts)  Amount Project String    Accounting String  ATTACHMENTS:   SIR Questionnaire  Agreement and all Exhibits   Resolution (all contracts over $150k)    Certificate of Insurance, naming City of South San Francisco as an Additional Insured  DEPARTMENT HEAD ACKNOWLEDGEMENT:  _____________________________________________________  The contract, amendments, exhibits, insurance requirements/waivers and attachments have been reviewed and included.  RISK MANAGER APPROVAL OF INSURANCE WAIVER:  ________________________________  CITY ATTORNEY APPROVAL OF ENTIRE AGREEMENT:  ________________________________  Comments: _____________________________________________________________________________  _____________________________________________________________________________  _____________________________________________________________________________  Approval of Agreement  Approval of Insurance Add Agreement to Contract Tracker  ASSISTANT CITY MANAGER’S APPROVAL:  _________________________________  (Only if amount is over $25,000)  FINAL APPROVAL: __________________________________  CITY CLERK:    Please attest, keep a copy for your files, and return to Originating Department   Please upload to Laserfiche and return to Originating Department    COPY SENT TO VENDOR:   _______ _____________________  10/13/21 Caltrain Public Art Agreement Capital Projects - Philip Vitale RideArt DocuSign Other New Specified Amount(s) indicated below DATE AMOUNT DATE AMOUNT Original 7/28/21 464,000.00 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment TOTAL 464,000.00 Council 464,000.00 pf2102-120-600 510-99999-5999 City Manager on behalf of Council DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 65 CITY OF SOUTH SAN FRANCISCO PUBLIC ART AGREEMENT FOR CALTRAIN PLAZA THIS AGREEMENT is made this 28th day of July 2021, by and between the City of South San Francisco, California, hereinafter called “City,” and Ride Art, LLC, hereinafter called “Artist” (hereinafter collectively called “Parties”). WHEREAS, the City of South San Francisco solicited proposals for a Work of public art (hereinafter called “Work”) to be located at the Caltrain Plaza in South San Francisco (hereinafter called “Site”); and WHEREAS, the Artist submitted a proposal for the Work pursuant to the City’s request for proposals; and WHEREAS, the Artist was selected by the City to design, execute, fabricate, and install the Work at the Site; and WHEREAS, the City and the Artist desire to set forth the terms upon which the Artist will produce and install the Work for the City. NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: ARTICLE I. SCOPE OF SERVICES A. General 1. The Artist shall design, execute, fabricate, install, and document the Work as described in Exhibit A attached hereto and incorporated herein by reference. The specifications of the Work are as follows: Title: Inspire Dimensions: 25’ Height x 10’ Width Medium: Brushed Stainless Steel, Powdercoated Stainless Steel and Cast Concrete 2. The permanent location for the Work at the Site shall be as described on the map attached hereto as Exhibit B and incorporated herein by reference. The Artist shall design and construct the sculpture so that as installed it will be structurally safe and sound in compliance with all current State of California Building and Seismic Standards in accordance with the Uniform Building Code. 3. Subject to review and acceptance by the City, the Artist shall determine the artistic expression, scope, design, color, size, context, and texture of the Work. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 66 4. The Artist shall pay for actual, reasonable, and necessary costs for transportation, meals and lodging for the Artist representative while traveling to and from the Site. B. EXECUTION OF THE WORK 1. The Artist shall complete the installation and fabrication of the Work in conformity with the specifications set forth in Article I, Section A, subsection 1 of this agreement and Exhibit A herein. 2. Prior to implementation of any changes in the Work, the Artist shall present to the City in writing, a detailed description of such proposed changes. The City shall have the right in its sole absolute discretion to approve or disapprove any changes suggested by the Artist. The Artist may implement changes only with the prior written approval of the City. 3. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof. The Artist shall submit such reports regarding the progress of the Work as the City may request. 4. In the design, execution, fabrication, installation and documentation of the Work, the Artist shall comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to Worker’s Compensation insurance and employee liability insurance. 5. The Artist shall complete the fabrication and installation of the Work by within seven months of the date the Artist receives written notice from the City that the construction of the plaza, where the structure shall be installed, is approximately seven months from completion (hereinafter called ‘Installation Date”). C. CITY OBLIGATIONS 1. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement. 2. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is reasonably required by the Artist in order to design, fabricate, and install the Work. 3. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations. 4. The City shall make timely efforts to prepare the Site for installation of the Work on the Installation Date. The City shall take all reasonable measures to provide notice to the Artist of delays following the written notice of the Installation Date, described in Section B (5). In the event that the City fails to prepare the Site in accordance with this Agreement, or Artist is refused access to the Site as reasonably required, the Artist shall be excused from DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 67 any delay consequences, and the City shall be responsible for paying for reasonable transportation and storage costs, pursuant to Article III(A). 5. The City shall be responsible for any landscaping, as necessary and agreed to by the City, to integrate the Artwork into the Site before and after its installation, in accordance with the specifications detailed in the approved design concept in Section I(A) of this Agreement. D. DELIVERY AND INSTALLATION 1. The Artist shall notify the City in writing when fabrication of the Work is completed, and the Artist is ready to deliver the Work and install it at the Site. 2. The Artist shall work with the City in the development of the plan for the site. 3. The Artist shall prepare the foundation design and engineering for review and approval by the City at no additional cost to the City. The City shall be responsible for all expenses, materials, labor, and equipment to prepare the Site foundation footing for the timely installation of the Work. The City shall waive all permit fees, license fees, and sales taxes. The Artist shall deliver and supervise the installation of the completed Work at the Site. Cost of installation shall be paid for by the City which shall include the use of a boom truck and related equipment. Cost of delivery shall be paid for by the Artist. 4. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. E. POST-INSTALLATION 1. The Artist shall furnish the City with a full written narrative description of the Work. 2. The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. 3. The City shall provide and install an identification plaque, which shall include the following information: Title: Artist: Material: Date: Copyright © F. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 68 Agreement (including those described in Article I, Section D) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The Artist releases claim to the Work upon final acceptance. 2. The City shall notify the Artist in writing of its final acceptance of the Work. 3. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Agreement. 4. Title of ownership of the Work shall pass to the City upon final acceptance. G. RISK OF LOSS 1. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2. The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to design, fabrication, transportation, and installation, in an amount acceptable and approved by the City’s Risk Manager. The City shall be shown as an additional insured for general liability. ARTICLE II. COMPENSATION A. PAYMENT SCHEDULE 1. The City shall pay the Artist a fixed fee of $464,000 which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. 2. The $464,000 fee shall be paid in the following phases with each installment except the Phase I installment to represent full and final payment for all services and materials provided for that phase: a. Phase I – Design (Materials, Design Fee, Licensing and Permits, Professional Fees, Design, Insurance, Subcontractors, 1 of 3 Artist Fee) $227,000 b. Phase II – Fabrication (Fabrication, 2 of 3 Artist Fee) $165,000 c. Phase III – Installation (Transportation, Overhead Expenses, 3 of 3 Artist's Fee) $72,000 3. For all other expenses for which the City is obligated, payment shall be made 30 days after receipt of written statement. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 69 B. FEE STATEMENTS In order to receive the payments described in clauses 2(a), 2(b), and 2(c) in Section A “Payment Schedule” above, the Artist shall submit an invoice for each phase to the City. ARTICLE III. TIME OF PERFORMANCE A. CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for reasonable transportation and storage costs actually incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B. FORCE MAJEURE Except for the City’s obligations to make payments following the Payment Schedule neither party shall be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, strike, lock-out, epidemic, pandemic, accident, fire, wind, catastrophic event or flood or because of any law, order, proclamation, regulation or ordinance of any government or of any subdivision thereof or because of any act of God or any other cause beyond the reasonable control of the party affected (“Force Majeure Event”); provided that the affected party shall have used its best efforts to avoid such condition and, provided further, that notice of such Force Majeure Event is given by the affected party to the other within five (5) days of said Force Majeure Event. Should one or both of the parties be prevented from fulfilling their contractual obligations because of a Force Majeure Event lasting continuously for a period of at least six (6) months, the parties shall consult with each other regarding the future implementation of this Agreement. The parties agree to use their best efforts to minimize any delays and/or losses, if any, resulting from such Force Majeure Event. C. ASSIGNMENT In the event of the serious illness or death of the Artist during the construction and/or the installation of the Work, his heirs, family, and estate will in no way be responsible for the completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this Agreement. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 70 ARTICLE IV. WARRANTIES A. WARRANTIES OF TITLE 1. The Artist represents and warrants that: a. the Work is solely the result of the artistic and creative efforts of the Artist; b. except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and c. the Work is free and clear of all liens from any source whatsoever. 2. The warranties described in this Section A shall survive for so long as the City or any successor of City owns the Work. B. WARRANTIES OF QUALITY AND CONDITION 1. The Artist represents and warrants that: a. The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of “inherent vice” or qualities which may cause or accelerate deterioration of the Work; and b. Reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section D, subsection 2. 2. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or re-fabrication of the Work). 3. The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. 4. After final acceptance of the Work by the City, the City shall hold the Artist harmless from any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B, subsection 1. ARTICLE V. OWNERSHIP OF WORK AND COPYRIGHT A. GENERAL The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce similar Works at any size. If the City should desire to place the Work in a location that is not shown on Exhibit B, the DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 71 City shall first notify the Artist consistent with Section D herein as to the new location. If the Artist objects to the new location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in Article I, Section D, subsection 3 herein, and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. In the event of such a move, the City will preserve the Work as delivered by the Artist, allowing changes to the base as required by the new site, but no changes to the Work itself. The City agrees to consult with Artist in the event of such a move. B. IDENTITY OF ARTIST The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other publications, provided that these rights are exercised in a tasteful and professional manner. All two-dimensional reproductions of the Work by the City shall contain a credit to the Artist substantially in the following form: By Ride Art, LLC C. NOTICES All notices required herein shall be in writing and served upon the parties as follows: Artist Ride Art, LLC 2410 Valley Street Berkeley, CA 94702 City City Clerk South San Francisco 400 Grand Avenue South San Francisco, CA 94080 All notices required herein shall be deemed served when mailed by First Class Mail, Certified Mail, postage prepaid, to each party’s last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address, which has not been served upon the other party, such party’s failure to notify shall be deemed a waiver of notice. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 72 ARTICLE VI. SUBSEQUENT EVENTS A. MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section D, subsection 2, and may take action reasonably designed to protect the Work against vandalism. B. REPAIRS AND RESTORATION After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Beyond reasonable consultation to determine a course of corrective action, any action taken by the Artist at the request of the City will be subject to a cost to be decided in a new agreement between the parties. C. ALTERATION OF THE WORK The City will not consent to the intentional alteration, modifications or change to the Work. The City shall retain the right to sell or donate the Work to a third party. D. ALTERATION OF THE SITE The City shall notify the Artist of any proposed significant alterations of the Site. The Artist may at his sole expense request copies of plans detailing proposed alterations to the Site. If such alterations cannot be undertaken to the reasonable satisfaction of the Artist, he may request the public notice referred to in Article I, Section D, subsection 3, be removed and otherwise proceed in accordance with Article V, Section A. E. WAIVER OF RIGHTS With respect to the Work, Artist waives any and all claims, arising at any time against the City, its elected and appointed officials, officers, employees, agents, representatives, and Caltrans, that may be grounded in any federal law, including, without limitation, the Visual Artists Rights Act (17 U.S.C. §106A et seq.), California law, including, without limitation, the California Art Preservation Act (Cal. Civil Code §987 et seq.), or local law that may relate to the moral rights of the Artist or protection of the integrity of the Artwork. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 73 ARTICLE VII. INDEPENDENT CONTRACTOR The Artist performs this Agreement as an independent contractor and not as an agent of an employee of the City. The Artist shall maintain control; furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIII. ASSIGNMENT The work and services required of the Artist under this Agreement are personal and shall not be assigned, sublet or transferred. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist’s supervision. ARTICLE IX. INDEMNIFICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the City’s choice, or by anyone whomsoever, in any way resulting from or arising out of the Artist’s activities in connection with this Agreement, including acts of omissions of the Artist or persons acting under the Artist’s control. The City shall defend, release, indemnify and save and hold harmless the Artist against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the Artist from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the Artist's choice, or by anyone whomsoever, in any way resulting from or arising out of the City's activities in connection with this Agreement, including acts or omissions of the City or persons acting under the City's control. ARTICLE X. INSURANCE Prior to beginning the Work and continuing throughout the term of this Agreement, Artist (and any subcontractors) shall, at Artist’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Artist has obtained and maintains insurance in the following amounts: A. Workers’ Compensation shall be waived, in accordance with completed and signed Workers’ Compensation Waiver, attached as Exhibit C. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 74 B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City- owned or City-furnished equipment used or operated by the Consultant, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. D. Notwithstanding Section X(C), above, Artist shall be required to provide the City with a certificate of comprehensive automobile insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) per occurrence for bodily injury and property damage including coverage for owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Artist’s insurance. If the Artist’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination, or non- renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination, or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. ARTICLE XI. TERMINATION & MEDIATION A. TERMINATION 1. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty days (30) after receipt of the notice to cure the default. If the default is not cured within such time period, this Agreement shall terminate. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 75 2. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property, provided that no right to fabricate or execute the Work shall pass to the City. 3. In the event of a default by the Artist, the Artist shall forfeit the right to any and all remaining payments due under this Agreement for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited-edition rights as defined herein. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their disagreements and make every effort to affect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. If unable to agree, a mediator shall be appointed by the court. Costs will be equally divided. ARTICLE XII. MODIFICATION No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. ARTICLE XIII. CONFLICT OF LAW Any provision of this Agreement, which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the State of California shall be considered null and void. The valid provisions of this Agreement shall be severed from the invalid provisions and remain in effect to the extent possible. ARTICLE XIV. GENERAL PROVISIONS A. GOVERNING LAW; VENUE California law shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of San Mateo, California. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 76 B. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement of the Parties relating to the Work and the rights and obligations of the Parties arising under this Agreement, and supersedes any prior written or oral communication between the Parties relating to the Work. This Agreement may be executed by the Parties in counterparts, which together shall be considered one document, and may be executed with electronic signatures. ARTICLE XV. EFFECTIVE DATE The effective date of this Agreement shall be the date of approval by all parties hereto. ARTICLE XVI. COUNTERPARTS FOR SIGNATURE This contract may be executed in duplicate counterparts, each of which shall be deemed an original. City of South San Francisco: Artist: Mike Futrell, City Manager Ride Art, LLC Attest to: City Clerk Approved as to Form: City Attorney 3791030.1 3884442.1 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 Saori Russell Jonathan Russell 77 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com EXHIBIT A DESCRIPTION: INSPIRE is a 25 feet tall monumental kinetic wind sculpture that sits on a 19 feet diameter circular pedestal. Upper two Mobius circles move with the wind on its own tilted axis as well as move as a unit in either directions. It is fabricated all in stainless steel and two Mobius circles are powder coated. Internal LED lights in the two base pillars will illuminate at night. SITE: INSPIRE will be installed in the northwest corner of open area near the corner of Grand Avenue and Airport Blvd. within the Caltrain station west plaza in South San Francisco, CA DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 78 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com NARRATIVE: We want to showcase SSF’s diverse and dynamic community and create an iconic sculpture that symbolizes the birthplace of biotechnology as well as highlight its reputation as “the industrial city.” South San Francisco is a city where new discoveries lead to innovation and growth. We want to celebrate this innovative thinking as seen in the ever-changing field of biotechnology and reflected in the city’s forward-thinking approach that is “always ready for challenges and a transformative beginning.” Using a visual reference of a DNA strand and a water molecule, building blocks of life, it tells the story of how South San Francisco has always been at the forefront of research and development in the field of biotechnology, inspiring and leading us into the future. Our vision is to create a monumental artwork that harmonizes with the overall design of the new Caltrain plaza and downtown redevelopment. It will revitalize the city and bring a fresh urban lifestyle feel to Grand Avenue. Our sculpture will stimulate curiosity and become a landmark signature piece, welcoming and greeting people coming from the Caltrain station, Hwy 101 and Grand Avenue. SYMBOLISM: The twisted base pillars represent (but not too obviously) a DNA strand spiraling upwards to embrace a representation of a single water molecule. The large open circles can be seen to depict two hydrogen atoms connected to a small central sphere (an oxygen atom) resulting in a covalent bond angle between the hydrogen atoms of 104.5˚, which is a bond angle that is specific to a water molecule. The movement created by the wind can be seen as the intertwining and weaving of a diverse and ever active community that is the hallmark of this vibrant city. The image of three connected gears on the large circular base symbolizes the “Industrial City”, by which South San Francisco is also known. The gears also give the illusion of turning the sculpture above. Blue represents water, the bay and the ocean. Yellow represents energy from the sun. The gear benches celebrate the role industry has played in South San Francisco. To emphasize water as a building block of life, the gears will be arranged in the shape of water molecules and will be colored in shades of blue. The center of each gear shape will be closed with frosted tempered glass (or Lexan) and will be illuminated by LED lighting at night, inviting people to sit, climb, and walk on top of them. These benches will complement our proposed sculpture as well as create a visual harmony with the blue tiled wall that stretches through the tunnel like a flowing river. DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 79 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com DIMENSIONS: NIGHT VIEW: DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 80 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com MATERIALS: DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 81 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com Installation: DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 82 RIDE ART STUDIO 2410 Valley Street, Berkeley, CA 94702 Saori Ide: (415) 902-0343 Jonathan Russell: (415) 902-4350 saori@rideartstudio.com www.rideartstudio.com jr@rideartstudio.com We oversee all aspects of the installation of our sculptures. In advance of the installation, we will coordinate with the site contractors to prepare the footings and supply j-bolt placement templates. This will include coordinating placement of electrical conduit and junction boxes where necessary. The sculpture will be fabricated in our studio and delivered to the site by flatbed truck. Individual elements will be lifted into place with an overhead crane and bolted in place. Electrical contractors will connect all electrical elements. Preliminary Timeline Descriptions Duration Months Contract Execution 1 month July - '21 Final Design Proposal 1 month October - '21 Schematic / Mechanical / Structural Drawing 1 month December - '21 Fabrication 6 – 8 months Spring - '22 Site Preparation 1 month Summer- '22 Installation 1-2 days Summer - '22 Preliminary Budget 5/23/21 Descriptions Total Materials $105,000.00 Design Fee $50,000.00 Licenses and Permits $200.00 Professional Fees $17,300.00 Insurance $6,500.00 Subcontractors $23,000.00 Fabrication $140,000.00 Site Preparation Site preparation done by the city Transportation $4,000.00 Installation (Artists time and labor only) $8,000.00 Overhead Expenses $35,000.00 Artists' Fee $75,000.00 Total: $464,000.00 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 83 EXHIBIT BDocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 84 EXEMPTION FROM WORKERS’ COMPENSATION To be exempt from worker’s compensation, you must submit an affidavit, certifying that you do not employ anyone in a manner that is subject to the workers’ compensation laws of California. (See Business and Professions Code Section 7125.) For exemption from worker’s compensation, please complete the requested information, check the box, and sign the form. SECTION 1 – BUSINESS NAME / SOLE PROPRIETER NAME AND ADDRESS BUSINESS NAME MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER FAX NUMBER E-MAIL ADDRESS SECTION 2 – CHECK BOX I do not employ anyone in the manner subject to the workers’ compensation laws of the State of California. SECTION 3 – SIGNATURE I certify under penalty of perjury under the laws of the State of California that the information provided on this exemption statement is true and accurate. I understand that upon employing anyone in a manner that is subject to the worker’s compensation laws of the State of California, the claim of exemption executed under this form will no longer be valid. I also understand that, as soon as I employ anyone subject to the California’s workers’ compensation laws, I must obtain a Certificate of Worker’s Compensation Insurance, submit that certificate to the City of South San Francisco within 90 days of its effective date, and continuously maintain the coverage provided by the certificate in accordance with the law. DATE SIGNATURE EXHIBIT C Ride Art, LLC 2410 Valley Street Berkeley CA 94702 415-902-0343 saori@rideartstudio.com 9/27/2021 Saori Russell 4 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 85 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/23/2021 License # 0757776 (877) 825-2681 (951) 231-2572 27987 Ride Art LLC Attn: Jonathan Russell 2410 Valley Street Berkeley, CA 94702 A 1,000,000 X X WS466341 5/6/2021 5/6/2022 100,000 5,000 1,000,000 2,000,000 1,000,000 Revised 9/23/2021 - This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured. City of South San Francisco are Additional Insured with regard to General Liability per the attached endorsement form CG2012 05/09. Waiver of Subrogation with regard to General Liability applies per the attached endorsement form CG2404 05/09. Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. City of South San Francisco, Capital Projects 500 N. Canal St. South San Francisco, CA 94080 RIDEART-01 PGOWDA HUB International Insurance Services Inc. 580 California Street Suite 1300 San Francisco, CA 94104 Nancy Adams Cal.CPU@Hubinternational.com Northfield Insurance Company X X X DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 86 POLICY NUMBER: WS466341 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency or Subdivision or Political Subdivision: City of South San Francisco, Capital Projects, 500 N. Canal Street, South San Francisco, CA 94080 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". CG2012 0509 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 87 POLICY NUMBER: WS466341 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of South San Francisco, Capital Projects, 500 N. Canal Street, South San Francisco, CA 94080 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 88 Page 1 of 2 Page 2 of 2Certificate of Insurance Allstate Northbrook Indemnity Company Policy number: 967 427 709 021010074210927R3037881000000R303788021CW00021092709135000378800100100564700The Loss Payable Clause of such policy provides: "The company reserves the right to cancel such policy at any time as provided by its terms, but in such case the company shall notify the Lienholder when not less than ten days thereafter such cancellation shall be effective as to the interest of said Lienholder therein and the company shall have the right, on like notice, to cancel this agreement." The Additional Interest Endorsement of such policy, in part, provides: "...such insurance as is afforded by the policy" for automobile liability insurance listed on the reverse side hereof applies also to the person or organization named as Additional Interested Party. "As respects such...interest, no cancellation...and no endorsement...adversely affecting such additional interest, shall be effective until ten (10) days following the mailing of written notice (to the person or organization) of such cancellation or endorsement..." DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 90 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 153-2021 File Number: 21-481 Enactment Number: RES 153-2021 RESOLUTION APPROVING A PUBLIC ART AGREEMENT WITH RIDE ART, LLC OF BERKELEY, CALIFORNIA FOR THE CALTRAIN PUBLIC ART INSTALLATION (PROJECT NO. PF2102) IN AN AMOUNT NOT TO EXCEED $464,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, in November 2020, City staff issued a nationwide Call for Entries for public art to be installed at the South San Francisco Caltrain Plaza; and WHEREAS, staff received 16 proposals from 15 artists by the January 5, 2021, submission deadline; and WHEREAS, at the May 8. 2021, meeting of the Caltrain Plaza Art Selection Committee, the Committee voted in favor of recommending to City Council for approval the design, installation and purchase of the Inspire Sculpture and Gear Benches by Ride Art, LLC, and other related work, for a total contract amount of $464,000; and WHEREAS, the City and Ride Art have negotiated a Public Art Agreement to memorialize the terms of the work proposal and other related requirements; and WHEREAS, the project is included in the City of South San Francisco's Fiscal Year 2020-21 Capital Improvement Program as the Caltrain Plaza Public Art Project (Project No. pf2102), with sufficient funding appropriate to cover its costs. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the Public Art Agreement between the City and Ride Art, LLC for the design, purchase, installation and other related work by Ride Art regarding artworks for the Caltrain Plaza Project, in the amount of $464,000, attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City in substantially the same form as Exhibit A, upon timely submission by Ride Art, LLC of the signed contract and all other documents, subject to approval as to form by the City Attorney, and take all other actions consistent with the intent of this Resolution that do not materially alter or increase the City's obligations under the agreement. City of South San Francisco Page 1 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 91 File Number. 21-481 Enactment Number: RES 153-2021 At a meeting of the City Council on 7/28/2021, a motion was made by Councilmember Nicolas, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by Lc— sa Govea Acosta, City Clerk City of South San Francisco Page 2 DocuSign Envelope ID: 65235A64-D84D-4132-A128-A0F50A5B5C49 92 Certificate Of Completion Envelope Id: 65235A64D84D4132A128A0F50A5B5C49 Status: Completed Subject: Please DocuSign: Ride Art.pdf Source Envelope: Document Pages: 28 Signatures: 9 Envelope Originator: Certificate Pages: 6 Initials: 4 Kari Jung AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 1 329 Miller Ave South San Francisco, CA 94080 kari.jung@ssf.net IP Address: 199.181.122.2 Record Tracking Status: Original 10/13/2021 9:37:39 AM Holder: Kari Jung kari.jung@ssf.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp Philip Vitale philip.vitale@ssf.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.6.154.56 Sent: 10/13/2021 9:47:08 AM Viewed: 10/15/2021 8:03:24 AM Signed: 10/15/2021 8:05:24 AM Electronic Record and Signature Disclosure: Accepted: 11/23/2020 8:59:25 AM ID: ba99879e-62ab-4fd3-b5c6-c61aa50daa33 Saori Russell Saori@rideartstudio.com Chief Executive Manager Ride Art LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 135.180.146.65 Sent: 10/15/2021 8:05:32 AM Viewed: 10/15/2021 8:48:26 AM Signed: 10/15/2021 8:54:18 AM Electronic Record and Signature Disclosure: Accepted: 10/15/2021 8:48:26 AM ID: a65fe261-ed71-4017-85fe-f28bd7fb1294 Jonathan Russell jr@rideartstudio.com Chief Executive Manager Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 73.89.241.72 Sent: 10/15/2021 8:54:26 AM Viewed: 10/15/2021 9:37:53 AM Signed: 10/15/2021 9:44:54 AM Electronic Record and Signature Disclosure: Accepted: 10/15/2021 9:37:53 AM ID: cfa71b28-c92c-475a-9be6-fe6d5a4c86d8 Jacob Gilchrist jacob.gilchrist@ssf.net Capital Projects Director City of South San Francisco Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 135.180.154.42 Sent: 10/15/2021 9:45:00 AM Viewed: 10/19/2021 10:45:20 AM Signed: 10/19/2021 10:46:17 AM Electronic Record and Signature Disclosure: 93 Signer Events Signature Timestamp Accepted: 6/3/2020 9:39:15 AM ID: 834891ca-6dd9-4bba-ad3f-9ab770ad10bc Jason Wong jason.wong@ssf.net Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.181.122.2 Sent: 10/19/2021 10:46:24 AM Viewed: 10/19/2021 11:27:18 AM Signed: 10/19/2021 11:28:54 AM Electronic Record and Signature Disclosure: Accepted: 9/7/2021 10:54:17 AM ID: 3d748ba4-2514-4bd9-8f2e-4da172f662f3 Claire Lai Claire.Lai@ssf.net Approved as to Form- City Attorney Signing Group: City Attorney Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.169.145.130 Sent: 10/19/2021 11:29:03 AM Viewed: 10/19/2021 3:20:33 PM Signed: 10/19/2021 3:33:50 PM Electronic Record and Signature Disclosure: Accepted: 10/19/2021 3:20:33 PM ID: 639c685c-2b9a-428b-863c-fd266ec36ff5 Mike Futrell Mike.Futrell@ssf.net City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.210.6.93 Sent: 10/19/2021 3:33:56 PM Resent: 10/21/2021 9:17:14 AM Viewed: 10/22/2021 7:48:37 AM Signed: 10/22/2021 7:48:44 AM Electronic Record and Signature Disclosure: Accepted: 10/22/2021 7:48:37 AM ID: 956e640d-0218-468a-b3c5-3135897d1d1b Rosa Govea Acosta rosa.acosta@ssf.net City Clerk City of South San Francisco Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.181.122.2 Sent: 10/22/2021 7:48:53 AM Resent: 10/22/2021 11:15:37 AM Resent: 10/25/2021 12:49:29 PM Viewed: 10/25/2021 1:29:32 PM Signed: 10/25/2021 1:49:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp 94 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/13/2021 9:47:08 AM Certified Delivered Security Checked 10/25/2021 1:29:32 PM Signing Complete Security Checked 10/25/2021 1:49:55 PM Completed Security Checked 10/25/2021 1:49:55 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 95 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Carahsoft OBO City of South San Francisco as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of South San Francisco during the course of your relationship with Carahsoft OBO City of South San Francisco. 98 Ride Art Studio Saori Ide & Jonathan Russell 2410 Valley Street Berkeley, CA 94702 ADDITIONAL SERVICES REQUEST Project Name: INSPIRE – a wind sculpture Location: Karyl Matsumoto Plaza, SSF, CA Scope: Due to the delay of the Karyl Matsumoto Plaza construction, the artists, Ride Art Studio, has agreed to store the public art piece, titled “INSPIRE” at Ride Art’s studio in Berkeley for the duration of construction until the plaza was available for installation. The city has agreed on the storage fee of $500/month starting on 12/18/2023 and ending on 7/18/2024 at a total cost of $3,500.00 Additionally, the artists were asked to purchase risk insurance on the artwork for the duration of storage period. The insurance premium was $2,750. Above additional expenses were pre-approved by Philp Vitale, Deputy Director of Capital Projects. Please see our attached Invoice #1038 for a total balance of $6,250.00 Ride Art Studio Saori Ide and Jonathan Russell 2410 Valley Street Berkeley, CA 94702 (415) 902-0343 Saori@rideartstudio.com 99 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/24/2024 License # 0757776 (805) 682-2571 10673 Ride Art LLC Attn: Jonathan Russell 2410 Valley Street Berkeley, CA 94702 A 1,000,000 X X CPV0073445 5/6/2024 5/6/2025 100,000 5,000 1,000,000 2,000,000 2,000,000 Per Project Agg 5,000,000 City of South San Francisco are Additional Insured with regard to General Liability per the attached endorsement form CG2012 12/19. Waiver of Subrogation with regard to General Liability applies per the attached endorsement form EPA-1719. Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. City of South San Francisco, Capital Projects 500 N. Canal St. South San Francisco, CA 94080 RIDEART-01 WMENG HUB International Insurance Services Inc. 40 E Alamar Ave Santa Barbara, CA 93105 Penn-Star Insurance Company X X X 100 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 12 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CPV0073445 CITY OF SOUTH SAN FRANCISCO, CAPITAL PROJECT 500 N. CANAL STREET, SOUTH SAN FRANCISCO, CA 94080 101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EPA-1719 (01/2014) Includes copyrighted material of ISO Commercial Risk Services, Inc. with its permission. Copyright, ISO Commercial Risk Services, Inc. Page 1 of 1 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to SECTION IV-CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products completed operations hazard” provided you have agreed to do so in writing in a contract or agreement with that person or organization. All other terms and conditions of the policy apply. 102 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1193 Agenda Date:12/11/2024 Version:1 Item #:8. Report regarding resolution accepting reimbursement in the amount of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events (Rich Lee,Assistant City Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting reimbursement in the amount of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events. BACKGROUND/DISCUSSION On September 21,2024,the City Council held a ribbon cutting event for the Karyl Matsumoto Plaza,located at the South San Francisco Caltrain station.The event also jointly celebrated Caltrain’s Electrified Service Launch Party,in which events were held at every station,from San Francisco to San Jose.Caltrain generously reimbursed each location for costs incurred. Costs for the City’s event included live music, baked goods, coffee, and chair and table rental. FISCAL IMPACT With the reimbursement of $2,575.20 from Caltrain for the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrification Service Launch Party events, there is no impact to the General Fund. RELATIONSHIP TO STRATEGIC PLAN The Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrification Service Launch Party events are aligned with Strategic Priority No.6 -Community Connections,as the events afforded the South San Francisco the opportunity for a community/civic event to celebrate the opening of a new public facility and Caltrain’s significant step forward into the future of public transportation. CONCLUSION Adoption of the resolution accepting the generous reimbursement from Caltrain provides relief for the City’s General Fund and promotes ongoing collaboration with the City’s partner agencies for community events. City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™103 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1194 Agenda Date:12/11/2024 Version:1 Item #:8a. Resolution accepting reimbursement in the amount of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events WHEREAS, on September 21, 2024, the City Council held an event jointly cutting the ribbon on the Karyl Matsumoto Plaza and commemorating Caltrain’s Electrified Service Launch Party; and WHEREAS, Caltrain generously reimbursed the City for event costs incurred in the amount of $2,575.20 that included a live music performance, coffee, baked goods, and chair and table rental. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept the reimbursement of $2,575.20 from Caltrain for costs related to the Karyl Matsumoto Plaza ribbon cutting and Caltrain Electrified Service Launch Party events. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™104 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1134 Agenda Date:12/11/2024 Version:1 Item #:9. Report regarding a resolution approving and authorizing the City Manager to execute a Project Partnership Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project and approving Budget Amendment Number 25.029 (Audriana Hossfeld,Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a Project Partnership Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project (ss1802)in the amount projected to be $5,652,138 and approving Budget Amendment Number 25.029. BACKGROUND/DISCUSSION The Colma Creek watershed,which flows through the southern part of the City of South San Francisco (“City”) into the San Francisco Bay,contains habitat for threatened and endangered species,substantial public infrastructure,and residential neighborhoods that have been severely flooded.The South San Francisco San Bruno Water Quality Control Plant (“WQCP”)is a critical infrastructure asset within this watershed that treats wastewater for residents and businesses in South San Francisco,San Bruno,Colma,and Daly City and serves as a shared final effluent pump station for Millbrae,Burlingame,and San Francisco International Airport.The WQCP is vulnerable to flooding as identified in the 2018 San Mateo County Sea Level Rise Vulnerability Assessment (Attachment 1)and by observations during King Tide and rainfall events.The power distribution within the WQCP is an essential, critical, and sensitive component that may lose power even in minor flooding. On September 26,2018,the City requested assistance from the United States Army Corps of Engineers (“Army Corps”),part of the United States Department of the Army,under Section 205 of the Flood Control Act of 1948. For the feasibility study,the City confirmed an understanding to cost sharing of 50%of the feasibility study costs exceeding $100,000. On August 27,2019,the Army Corps completed their Federal Interest Determination Report and recommended that the Army Corps proceed with the feasibility study under the Continuing Authorities Program (CAP) Section 103,as part of the River and Harbor Act of 1962.The Feasibility Study and the rest of the CAP Section 103 project was managed by the Army Corps with the City as the non-Federal sponsor. In May 2023,Army Corps released the final detailed project report and environmental assessment (DPR/EA)as part of the feasibility study phase.The DPR/EA recommended the City construct two steel sheetpile floodwalls capped with concrete on the north and south sides of the WQCP along with a ringwall constructed to fully surround Pump Station 4 (Attachment 2). The next step of this project is to execute the Project Partnership Agreement (PPA)for the design and implementation phase.The estimated total design and implementation costs to move forward with the recommended alternative are estimated to be $16,800,599.The design and implementation costs will be shared as a 65/35 split between the Army Corps and the City.The entire project cost,including the feasibility phase cost,is estimated to be $17,970,599.The Army Corp has a cap at $10,000,000.Based on this framework,it is estimated the total remaining cost share for the City would be $7,385,599.The City will receive a credit for City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™105 File #:24-1134 Agenda Date:12/11/2024 Version:1 Item #:9. owning the project property, which will lower the cost share by $1,733,461 to $5,652,138. The following is a summary of the split cost. FISCAL IMPACT The Army Corps has estimated that the City’s portion of the shared cost for the implementation of the recommendation of the feasibility study would be $5,652,138.The City has appropriated $6,213,572 to project ss1802 as part of the City’s Capital Improvement Program budget using Sewer Enterprise Funds and San Bruno Sewer Funds,of which $5,391,833.62 remains.Budget Amendment Number 25.029 would transfer $260,304.38 from the Sewer Enterprise Funds to ss1802 to increase the available project budget to match the estimated City cost share.There are sufficient funds within the Sewer Enterprise Funds,and a proportionate share would be charged to San Bruno as this is a capital improvement project for the WQCP.This would increase the total project budget to $6,473,876.38 (original budget increased by Budget Amendment Number 25.029). RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by protecting sewer service to the City’s residents and businesses. CONCLUSION Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a Project Partnership Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project (ss1802)in the amount projected to be $5,652,138 and approving Budget Amendment Number 25.029. Attachments: 1.2018 San Mateo County Sea Level Rise Vulnerability Assessment 2.Project Footprint Map City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™106 SEA LEVEL RISE VULNERABILITY ASSESSMENT | 41 CHAPTER 2 | METHODOLOGY AND APPROACH ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! Redwood City Pacifica San Mateo Daly City Menlo Park Belmont San Bruno Woodside San Carlos Millbrae Burlingame Colma Atherton Hillsborough Half Moon Bay Foster City Brisbane NorthFair Oaks East Palo Alto Montara El Granada Moss Beach Princeton South San Francisco 9 5 4 8 6 3 1 2 7 17 18 21 16 14 29 25 13 10 15 23 30 27 26 20 19 22 24 12 11 28 ¯ 0 3 61.5 1 INCH= 3 MILES Figure 2.4 Map of 30 Assets Service Layer Credits: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community LEGEND !Asset Vulnerability Profiles Sea Level Rise (SLR) Scenarios Baseline Scenario (1% annual chance storm)* Mid-Level Scenario (Baseline + 3.3 feet SLR) High-End Scenario (Baseline + 6.6 feet SLR) Future Erosion Note on erosion modeling: Erosion modeling used in this study does not consider shoreline armoring due to a lack of information on the condition and life expectancy of existing structures.The 2009 Philip Williams and Associates study recognizes that future shoreline protection is likely in general but could not predict where and how these would appear. Inthis case, developing predictive erosional models is impractical and exceedingly difficult. *1% annual chance storm is a storm that has a 1 in 100 chance of occurring in any given year, and on the Bayside generally results in about a 42 inch increase of total water levels.On the Coastside, the water level increase could be greater due to wave action. 1. California Coastal Trail 2. Sewer Authority Mid-Coastside Wastewater Treatment Plant 3. State Route 1 4. Fitzgerald Marine Reserve 5. Linda Mar Pacifica State Beach 6. Mussel Rock Closed Landfill 7. Half Moon Bay Closed Landfill 8. Pump Station Number 4 9. Highway 101 10. Millbrae Intermodal Station 11. Highline Canal Tide Gate 12. Old Bayshore Highway and Airport Blvd 13. San Mateo Police Station 14. Silicon Valley Clean Water Wastewater Treatment Plant 15. SamTrans North Base Maintenance Facility 16. San Carlos Airport 17. Port of Redwood City 18. Kaiser Permanente Redwood City Medical Center 19. SR 84 - HWY 101 Interchange 20. East Palo Alto 21. Life Moves Maple Street Shelter 22. Ravenswood Ponds 23. San Bruno Water Quality Control Plant 24. Foster City Levee 25. Foster City Corporation Yard 26. Bayside S.T.E.M. Academy 27. Beach Boulevard Seawall 28. Mirada Road 29. Belmont Corporation Yard 30. Pacifica Nursing & Rehab Center This map is intended to improve sea level rise awareness and preparedness by providing a regional-scale illustration of inundation and coastal flooding due to specific sea level riseand storm surge scenarios. This map is not detailed to the parcel-scale and should not be used for navigation, permitting, regulatory, or other legal uses. Figure 2.4 Map of 30 Assets ATTACHMENT 1 107 Figure 3, Project Footprint Map ATTACHMENT 2 108 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1135 Agenda Date:12/11/2024 Version:1 Item #:9a. Resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Design and Implementation of the Water Quality Control Plant Sea Level Rise Project (ss1802) in the amount projected to be $5,652,138. WHEREAS,the South San Francisco San Bruno Water Quality Control Plant (“WQCP”)is a critical infrastructure asset that treats wastewater for residents and businesses in South San Francisco (“City”),San Bruno,Colma,and Daly City and serves as a shared final effluent pump station for Millbrae,Burlingame,and San Francisco International Airport; and WHEREAS,the WQCP is vulnerable to flooding as identified in the 2018 San Mateo County Sea Level Rise Vulnerability Assessment; and WHEREAS,the City’s Capital Improvement Program (“CIP”)Project ss1802 is intended to address sea-level rise and flooding issues at the WQCP; and WHEREAS,in September 26,2018,the City requested assistance from the United States Army Corps of Engineers (“Army Corps”), part of the United States Department of the Army; and WHEREAS,in August 27,2019,the Army Corps completed its Federal Interest Determination Report and recommended that the Army Corps proceed with the feasibility study under the Continuing Authorities Program (CAP) Section 103; and WHEREAS,in May 2023,Army Corp recommended the City construct two steel sheetpile floodwalls capped with concrete on the north and south sides of the WQCP along with a ringwall constructed to fully surround Pump Station 4; and WHEREAS,the first step of the Design and Implementation phase is to execute the Project Partnership Agreement (“PPA”) attached in Exhibit A; and WHEREAS,the design and implementation costs will be shared as a 65/35 split between the Army Corps and the City.The entire project cost,including the feasibility phase cost,is estimated to be $17,970,599.The Army Corp has a project cap at $10,000,000.Based on this framework,it is estimated the total remaining cost share for the City would be $7,385,599.The City will receive a credit for owning the project property,which will lower the cost share by $1,733,461 to $5,652,138; and WHEREAS,the City has appropriated $6,213,572 to project ss1802 as part of the City’s Capital Improvement Program budget using Sewer Enterprise Funds and San Bruno Sewer Funds,of which $5,391,833.62 remains; and WHEREAS,Budget Amendment Number 25.029 would increase the total project budget to $6,473,876.38, City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™109 File #:24-1135 Agenda Date:12/11/2024 Version:1 Item #:9a. creating an available budget of $5,652,138 for the Design and Implementation project phase. NOW,THEREFORE,BE IT RESOLVED that the City Council approves Budget Amendment Number 25.029 to amend the Fiscal Year 2024-2025 Capital Improvement Plan Budget to add $260,304.38 for Project No. ss1802 from the Sewer Enterprise Funds and San Bruno Sewer Funds to increase the project budget to match the estimated City cost share. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco approves the Project Partnership Agreement between the City and the Army Corps to support CIP Project ss1802,attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Project Partnership Agreement in substantially the same form as Exhibit A on behalf of the City or to take any other action consistent with the intent of this Resolution, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™110 PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF SOUTH SAN FRANCISCO FOR LOWER COLMA CREEK CONTINUING AUTHORITIES PROGRAM SECTION 103 PROJECT THIS AGREEMENT is entered into this ___ day of ________________, _____, by and between the Department of the Army (hereinafter the “Government”), represented by the the District Commander for San Francisco District (hereinafter the “District Commander”) and the City of South San Francisco (hereinafter the “Non-Federal Sponsor”), represented by its City Manager, Sharon Ranals. WITNESSETH, THAT: WHEREAS, Section 3 of Public Law 79-727, as amended (33 U.S.C. 426g), (hereinafter “Section 103”) authorizes the Secretary to undertake design and construction of small coastal storm risk management projects not specifically authorized by Congress; WHEREAS, pursuant to the authority provided under Section 103, design and construction of the Lower Colma Creek Continuing Authorities Program (CAP) Section 103 Project (hereinafter the “Project”, as defined in Article I.A. of this Agreement) was approved by the District Commander for San Francisco District on February 9, 2024; WHEREAS, Section 103 of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2213), specifies the cost-sharing requirements applicable to the Project; WHEREAS, total Federal costs associated with planning, design, and construction of a project pursuant to Section 103 may not exceed $10,000,000; and WHEREAS, the Government and the Non-Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement and acknowledge that Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b), provides that this Agreement shall be enforceable in the appropriate district court of the United States. NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS A. The term “Project” means approximately 2,000 feet of coastal shore protection consisting of an approximately 3 to 6.5 feet above grade floodwall at the north side of the South San Francisco - San Bruno Water Quality Control Plant (WQCP) adjacent to the right-bank of EXHIBIT A 111 Lower Colma Creek; an approximately 700-foot-long, 2-4 foot-high floodwall south of the WQCP adjacent to San Francisco Bay, topped with a concrete cap; some plantings on the waterside of the floodwall; and a perimeter concrete T-wall (Ring Wall), approximately 2-4 feet above grade at Pump Station 4 with stop log gate for vehicular access and early flood warning system , as generally described in the Lower Colma Creek CAP Section 103 Project Final Detailed Project Report and Environmental Assessment (DPR/EA), dated 15 December 2023 and approved by the District Commander for San Francisco District on February 9, 2024 (hereinafter the “Decision Document”). B. The term “HTRW” means hazardous, toxic, and radioactive wastes, which includes any material listed as a “hazardous substance” (42 U.S.C. 9601(14)) regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter “CERCLA”) (42 U.S.C. 9601-9675) and any other regulated material in accordance with applicable laws and regulations. C. The term “construction costs” means all costs incurred by the Government and Non- Federal Sponsor in accordance with the terms of this Agreement that are directly related to design and construction of the Project and cost shared. The term includes the Government’s engineering, design, and construction, including monitoring, costs; the Government’s supervision and administration costs; the Non-Federal Sponsor’s creditable costs for providing real property interests, placement area improvements, and relocations and for providing in-kind contributions, if any; costs for mitigation, including monitoring and adaptive management, if applicable; and the costs of historic preservation activities except for data recovery for historic properties. The term does not include any costs for operation, maintenance, repair, rehabilitation, or replacement; HTRW cleanup and response; dispute resolution; participation by the Government and the Non-Federal Sponsor in the Project Coordination Team to discuss significant issues and actions; audits; betterments; or the Non-Federal Sponsor’s cost to negotiate this Agreement. D. The term “real property interests” means lands, easements, and rights-of-way, including those required for relocations and borrow and dredged material placement areas. Acquisition of real property interests may require the performance of relocations. E. The term “relocation” means the provision of a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is required by applicable legal principles of just compensation. Providing a functionally equivalent facility may include the alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. F. The term “placement area improvements” means the improvements required on real property interests to enable the ancillary placement of material that has been dredged or excavated during construction, operation, and maintenance of the Project, including, but not limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and dewatering pumps and pipes. 112 G. The term “functional portion thereof” means a portion of the Project that has been completed and that can function independently, as determined in writing by the District Commander, although the remainder of the Project is not yet complete. H. The term “in-kind contributions” means those materials or services provided by the Non-Federal Sponsor that are identified as being integral to the Project by the Division Commander for South Pacific Division (hereinafter the “Division Commander”). To be integral to the Project, the material or service must be part of the work that the Government would otherwise have undertaken for design and construction of the Project. The in-kind contributions also include any initial investigations performed by the Non-Federal Sponsor to identify the existence and extent of any HTRW that may exist in, on, or under real property interests required for the Project; however, it does not include HTRW cleanup and response. I. The term “betterment” means a difference in design or construction of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to design or construction of that element. J. The term “fiscal year” means one year beginning on October 1st and ending on September 30th of the following year. K. The term “Federal Participation Limit” means the $10,000,000 statutory limitation on the Government’s financial participation in the planning, design, and construction of the Project. ARTICLE II - OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws, regulations, and policies, the Government shall undertake design and construction of the Project using funds appropriated by the Congress and funds provided by the Non-Federal Sponsor. However, if after completion of the design portion of the Project the parties mutually agree in writing not to proceed with construction of the Project, the parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with Article VI.E. In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall comply with all requirements of applicable Federal laws and implementing regulations, including but not limited to, if applicable, Section 601 of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto. B. The Non-Federal Sponsor shall contribute 35 percent of construction costs allocated by the Government to coastal storm risk management; 100 percent of construction costs allocated by the Government to beach improvements with exclusively private benefits; 100 percent of construction costs allocated by the Government to improvements and other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation; and 100 percent of the construction costs allocated by the Government to the prevention of losses of undeveloped private lands, as follows: 113 1. In accordance with Article III, the Non-Federal Sponsor shall provide the real property interests, placement area improvements, and relocations required for construction, operation, and maintenance of the Project. If the Government determines that the Non-Federal Sponsor’s estimated credits for real property interests, placement area improvements, and relocations will exceed 35 percent of construction costs allocated to coastal storm risk management, the Government, in its sole discretion, may acquire any of the remaining real property interests, construct any of the remaining placement area improvements, or perform any of the remaining relocations with the cost of such work included as a part of the Government’s cost of construction. Nothing in this provision affects the Non-Federal Sponsor’s responsibility under Article IV for the performance and costs of any HTRW cleanup and response related thereto. 2. If providing in-kind contributions as a part of its 35 percent cost share, the Non-Federal Sponsor shall obtain all applicable licenses and permits necessary for such work. As functional portions of the work are completed, the Non-Federal Sponsor shall begin operation and maintenance of such work. Upon completion of the work, the Non-Federal Sponsor shall so notify the Government within 30 calendar days and provide the Government with a copy of as- built drawings for the work. 3. For construction costs allocated to coastal storm risk management, after considering the estimated amount of credit that will be afforded to the Non-Federal Sponsor pursuant to paragraphs B.1. and B.2, above, the Government shall determine the estimated amount of funds required from the Non-Federal Sponsor to meet its cost share for the then- current fiscal year. No later than 60 calendar days after receipt of notification from the Government, the Non-Federal Sponsor shall provide the full amount of such funds to the Government in accordance with Article VI.C. For construction costs allocated to beach improvements with exclusively private benefits, to improvements and other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation, and to the prevention of losses of undeveloped private lands, the Non-Federal Sponsor, in accordance with Article VI.F., must provide funds sufficient to cover the costs of such work in advance of the Government performing the work. 4. No later than August 1st prior to each subsequent fiscal year, the Government shall provide the Non-Federal Sponsor with a written estimate of the amount of funds required from the Non-Federal Sponsor during that fiscal year to meet its cost share. No later than September 1st prior to that fiscal year, the Non-Federal Sponsor shall provide the full amount of such required funds to the Government in accordance with Articles VI.C and VI.F., as applicable. C. To the extent practicable and in accordance with Federal law, regulations, and policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on contract solicitations, including relevant plans and specifications, prior to the Government’s issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. 114 D. The Government, as it determines necessary, shall undertake actions associated with historic preservation, including the identification and treatment of historic properties as those properties are defined in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101-307108). All costs incurred by the Government for such work (including the mitigation of adverse effects other than data recovery) shall be included in construction costs and shared in accordance with the provisions of this Agreement. If historic properties are discovered during construction and the effect(s) of construction are determined to be adverse, strategies shall be developed to avoid, minimize, or mitigate these adverse effects. In accordance with 54 U.S.C. 312507, up to 1 percent of the total amount authorized to be appropriated for the Project may be applied toward data recovery of historic properties and such costs shall be borne entirely by the Government. In the event that costs associated with data recovery of historic properties exceed 1 percent of the total amount authorized to be appropriated for the Project, in accordance with 54 U.S.C. 312508, the Government will seek a waiver from the 1 percent limitation under 54 U.S.C. 312507 and upon receiving the waiver, will proceed with data recovery at full Federal expense. Nothing in this Agreement shall limit or otherwise prevent the Non-Federal Sponsor from voluntarily contributing costs associated with data recovery that exceed 1 percent. E. When the District Commander determines that construction of the Project, or a functional portion thereof, is complete, the District Commander shall so notify the Non-Federal Sponsor in writing within 30 calendar days of such determination, and the Non-Federal Sponsor, at no cost to the Government, shall operate, maintain, repair, rehabilitate, and replace the Project, or such functional portion thereof. Such activities will generally consist of management activities for the floodwall, channel, vegetation, sediment, debris, bank erosion, concrete surfaces, and other activities. The Government shall furnish the Non-Federal Sponsor with an Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the “OMRR&R Manual”) and copies of all as-built drawings for the completed work. 1. The Non-Federal Sponsor shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner consistent with the Project’s authorized purpose and in accordance with applicable Federal laws, regulations, and the Government’s specific directions in the OMRR&R Manual. The Government and Non-Federal Sponsor shall consult on any subsequent updates or amendments to the OMRR&R Manual. 2. The Government may enter, at reasonable times and in a reasonable manner, upon real property interests that the Non-Federal Sponsor now or hereafter owns or controls to inspect the Project, and, if necessary, to undertake any work necessary to the functioning of the Project for its authorized purpose. If the Government determines that the Non-Federal Sponsor is failing to perform its obligations under this Agreement and the Non-Federal Sponsor does not correct such failures within a reasonable time after notification by the Government, the Government, at its sole discretion, may undertake any operation, maintenance, repair, rehabilitation, or replacement of the Project. No operation, maintenance, repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of its obligations under this Agreement or preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance of this Agreement. 115 F. At least annually and after storm events, the Non-Federal Sponsor, at no cost to the Government, shall monitor and perform surveillance of the Project to determine losses of material and provide results of such surveillance to the Government. G. Not less than once each year, the Non-Federal Sponsor shall inform affected interests of the extent of risk reduction afforded by the Project. H. The Non-Federal Sponsor shall ensure participation in and compliance with applicable Federal floodplain management and flood insurance programs. The Non-Federal Sponsor may execute agreements with other non-Federal entities to ensure such participation and compliance. I. In accordance with Section 402 of WRDA1986, as amended (33 U.S.C. 701b-12), the Non-Federal Sponsor shall prepare a floodplain management plan for the Project within one year after the effective date of this Agreement and shall implement such plan no later than one year after completion of initial construction of the Project. The Non-Federal Sponsor may execute agreements with other non-Federal entities to ensure such preparation and implementation. The plan shall be designed to reduce the impacts of future coastal events in the project area, including but not limited to, addressing those measures to be undertaken by non-Federal interests to preserve the level of coastal storm risk reduction provided by such work. The Non-Federal Sponsor shall provide an information copy of the plan to the Government. J. The Non-Federal Sponsor shall ensure publication of floodplain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their use in adopting regulations, or taking other actions, to prevent unwise future development and to ensure compatibility with the Project. The Non-Federal Sponsor may execute agreements with other non-Federal entities to ensure such publication and provision. K. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) that might reduce the level of coastal storm risk reduction the Project affords, hinder operation and maintenance of the Project, or interfere with the Project’s proper function. L. For shores, other than Federal shores, protected pursuant to this Agreement using Federal funds, the Non-Federal Sponsor shall ensure the public use of, and access to, such shores by all on equal terms in a manner compatible with the authorized purpose of the Project. M. The Non-Federal Sponsor shall provide and maintain necessary access roads, parking areas, and other associated public use facilities, open and available to all on equal terms, as described in the Decision Document. N. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Project. Federal program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. 116 O. In addition to the ongoing, regular discussions between the parties regarding Project delivery, the Government and the Non-Federal Sponsor may establish a Project Coordination Team to discuss significant issues or actions. The Government’s costs for participation on the Project Coordination Team shall not be included in construction costs that are cost shared but shall be included in calculating the Federal Participation Limit. The Non-Federal Sponsor’s costs for participation on the Project Coordination Team shall not be included in construction costs that are cost shared and shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. P. Notwithstanding any other provision of this Agreement, the Non-Federal Sponsor shall be responsible for all costs in excess of the Federal Participation Limit. Q. The Non-Federal Sponsor may request in writing that the Government perform betterments on the Non-Federal Sponsor’s behalf. Each request shall be subject to review and written approval by the Division Commander. If the Government agrees to such request, the Non-Federal Sponsor, in accordance with Article VI.F., must provide funds sufficient to cover the costs of such work in advance of the Government performing the work. In addition, the Non- Federal Sponsor is responsible for providing, at no cost to the Government, any additional real property interests, relocations, and placement area improvements determined by the Government to be required for construction, operation, and maintenance of such work. ARTICLE III - REAL PROPERTY INTERESTS, PLACEMENT AREA IMPROVEMENTS, AND RELOCATIONS A. The Government, after consultation with the Non-Federal Sponsor, shall determine the real property interests required for construction, operation, and maintenance of the Project. The Government shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the real property interests that the Government determines the Non-Federal Sponsor must provide for construction, operation, and maintenance of the Project, and shall provide the Non-Federal Sponsor with a written notice to proceed with acquisition. Prior to initiating acquisition and in accordance with Article IV.A., the Non-Federal Sponsor shall investigate to verify that HTRW does not exist in, on, or under the real property interests required for construction, operation, and maintenance of the Project. Subject to the requirements in Article IV.B., the Non-Federal Sponsor shall acquire the real property interests and shall provide the Government with authorization for entry thereto according to the Government’s construction schedule for the Project. The Non-Federal Sponsor shall ensure that real property interests provided for the Project are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the placement area improvements required for construction, operation, and maintenance of the Project, provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such improvements, and provide the Non-Federal Sponsor with a written notice 117 to proceed with such improvements. The Non-Federal Sponsor shall construct the improvements in accordance with the Government’s construction schedule for the Project. C. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations required for construction, operation, and maintenance of the Project, provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations, and provide the Non-Federal Sponsor with a written notice to proceed with such relocations. The Non-Federal Sponsor shall perform or ensure the performance of these relocations in accordance with the Government’s construction schedule for the Project. D. To the maximum extent practicable, no later than 30 calendar days after the Government provides the Non-Federal Sponsor with written descriptions and maps of the real property interests, placement area improvements, and relocations required for construction, operation, and maintenance of the Project, the Non-Federal Sponsor may request in writing that the Government acquire all or specified portions of such real property interests, construct placement area improvements, or perform the necessary relocations. If the Government agrees to such a request, the Non-Federal Sponsor, in accordance with Article VI.F., must provide funds sufficient to cover the costs of the acquisitions, placement area improvements, or relocations in advance of the Government performing the work. The Government shall acquire the real property interests, construct the placement area improvements, and perform the relocations, applying Federal laws, policies, and procedures. The Government shall acquire real property interests in the name of the Non-Federal Sponsor except, if acquired by eminent domain, the Government shall convey all of its right, title and interest to the Non-Federal Sponsor by quitclaim deed or deeds. The Non-Federal Sponsor shall accept delivery of such deed or deeds. The Government’s provision of real property interests, placement area improvements, or performing relocations on the Non-Federal Sponsor’s behalf does not alter the Non-Federal Sponsor’s responsibility under Article IV for the performance and costs of any HTRW cleanup and response related thereto. E. In acquiring the real property interests for the Project, the Non-Federal Sponsor assures the Government that it will comply with the following: (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under 42 U.S.C. 4622, 4623 and 4624; (2) relocation assistance programs offering the services described in 42 U.S.C. 4625 shall be provided to such displaced persons; (3) within a reasonable period of time prior to displacement, comparable replacement dwellings will be available to displaced persons in accordance with 42 U.S.C. 4625(c)(3); (4) in acquiring real property, the Non-Federal Sponsor will be guided, to the greatest extent practicable under State law, by the land acquisition policies in 42 U.S.C. 4651 and the provisions of 42 U.S.C. 4652; and 118 (5) property owners will be paid or reimbursed for necessary expenses as specified in 42 U.S.C. 4653 and 4654. ARTICLE IV - HTRW A. The Non-Federal Sponsor shall be responsible for undertaking any investigations to identify the existence and extent of any HTRW regulated under applicable law that may exist in, on, or under real property interests required for construction, operation, and maintenance of the Project. B. In the event it is discovered that HTRW exists in, on, or under any of the real property interests needed for construction, operation, and maintenance of the Project, the Non-Federal Sponsor and the Government shall provide written notice to each other within 15 calendar days of such discovery, in addition to providing any other notice required by applicable law. If HTRW is discovered prior to acquisition, the Non-Federal Sponsor shall not proceed with the acquisition of such real property interests until the parties agree that the Non-Federal Sponsor should proceed. If HTRW is discovered after acquisition of the real property interests, no further Project activities within the contaminated area shall proceed until the parties agree on an appropriate course of action. C. If HTRW is found to exist in, on, or under any required real property interests, the parties shall consider any liability that might arise under applicable law and determine whether to initiate construction, or if already initiated, whether to continue, suspend, or terminate construction. 1. Should the parties initiate or continue construction, the Non-Federal Sponsor shall be solely responsible, as between the Government and the Non-Federal Sponsor, for the performance and costs of HTRW cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. The Non- Federal Sponsor shall pay such costs without reimbursement or credit by the Government. In no event will the Government proceed with that construction before the Non-Federal Sponsor has completed the required cleanup and response actions. 2. In the event the parties cannot reach agreement on how to proceed or the Non- Federal Sponsor fails to discharge its responsibilities under this Article upon direction by the Government, the Government may suspend or terminate construction. Additionally, the Government may undertake any actions it determines necessary to avoid a release of such HTRW with the Non-Federal Sponsor responsible for such costs without credit or reimbursement by the Government. D. In the event of a HTRW discovery, the Non-Federal Sponsor and the Government shall initiate consultation with each other within 15 calendar days in an effort to ensure that responsible parties bear any necessary cleanup and response costs as required by applicable law. Any decision made pursuant to this Article shall not relieve any third party from any HTRW liability that may arise under applicable law. 119 E. To the maximum extent practicable, the Government and Non-Federal Sponsor shall perform their responsibilities under this Agreement in a manner that will not cause HTRW liability to arise under applicable law. F. As between the Government and the Non-Federal Sponsor, the Non-Federal Sponsor shall be considered the owner and operator of the Project for purposes of CERCLA liability or other applicable law. ARTICLE V - CREDIT FOR REAL PROPERTY INTERESTS, PLACEMENT AREA IMPROVEMENTS, RELOCATIONS, AND IN-KIND CONTRIBUTIONS A. The Government shall include in construction costs, and credit towards the Non- Federal Sponsor’s share of such costs, the value of Non-Federal Sponsor provided real property interests (except interests in lands subject to shore erosion that are publicly owned on the effective date of this Agreement or, if required for in-kind contributions covered by an In-Kind Memorandum of Understanding between the Government and Non-Federal Sponsor (hereinafter the “In-Kind MOU”), that were publicly owned on the effective date of the In-Kind MOU), placement area improvements, and relocations, and the costs of in-kind contributions determined by the Government to be required for the Project. B. To the maximum extent practicable, no later than 3 months after it provides the Government with authorization for entry onto a real property interest or pays compensation to the owner, whichever occurs later, the Non-Federal Sponsor shall provide the Government with documents sufficient to determine the amount of credit to be provided for the real property interests in accordance with paragraph C.1. of this Article. To the maximum extent practicable, no less frequently than on a quarterly basis, the Non-Federal Sponsor shall provide the Government with documentation sufficient for the Government to determine the amount of credit to be provided for other creditable items in accordance with paragraph C. of this Article. C. The Government and the Non-Federal Sponsor agree that the amount of costs eligible for credit that are allocated by the Government to construction costs shall be determined and credited in accordance with the following procedures, requirements, and conditions and subject to audit in accordance with Article X.B. to determine reasonableness, allocability, and allowability of costs. 1. Real Property Interests. a. General Procedure. For each real property interest (except interests in lands subject to shore erosion that are publicly owned on the effective date of this Agreement), the Non-Federal Sponsor shall obtain an appraisal of the fair market value of such interest that is prepared by a qualified appraiser who is acceptable to the parties. Subject to valid jurisdictional exceptions, the appraisal shall conform to the Uniform Standards of Professional Appraisal Practice. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. For crediting purposes, appraisals of interests in 120 lands subject to shore erosion acquired from private parties after the effective date of this Agreement must consider special benefits in accordance with the Uniform Appraisal Standards for Federal Land Acquisition (2016) (hereinafter “Uniform Appraisal Standards”). (1) Date of Valuation. For any real property interests (other than interests in lands subject to shore erosion) owned by the Non-Federal Sponsor on the effective date of this Agreement and required for construction performed after the effective date of this Agreement, the date the Non-Federal Sponsor provides the Government with authorization for entry thereto shall be used to determine the fair market value. For any real property interests required for in-kind contributions covered by an In-Kind MOU (other than interests in lands subject to shore erosion that were publicly owned on the effective date of the In-Kind MOU), the date of initiation of construction shall be used to determine fair market value. The fair market value of real property interests acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. (2) Except for real property interests acquired through eminent domain proceedings instituted after the effective date of this Agreement, the Non-Federal Sponsor shall submit an appraisal for each real property interest to the Government for review and approval no later than, to the maximum extent practicable, 60 calendar days after the Non- Federal Sponsor provides the Government with an authorization for entry for such interest or concludes the acquisition of the interest through negotiation or eminent domain proceedings, whichever occurs later. If, after coordination and consultation with the Government, the Non- Federal Sponsor is unable to provide an appraisal that is acceptable to the Government, the Government shall obtain an appraisal to determine the fair market value of the real property interest for crediting purposes. (3) The Government shall credit the Non-Federal Sponsor the appraised amount approved by the Government. Where the amount paid or proposed to be paid by the Non-Federal Sponsor exceeds the approved appraised amount, the Government, at the Non-Federal Sponsor’s request, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the appraised amount for crediting purposes. b. Eminent Domain Procedure. For real property interests acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non- Federal Sponsor shall notify the Government in writing of its intent to institute such proceedings and submit the appraisals of the specific real property interests to be acquired for review and approval by the Government. If the Government provides written approval of the appraisals, the Non-Federal Sponsor shall use the amount set forth in such appraisals as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. (1) If the Government provides written disapproval of the appraisals, the Government and the Non-Federal Sponsor shall consult to promptly resolve the issues that are identified in the Government’s written disapproval. In the event that the issues cannot be resolved, the Non-Federal Sponsor may use the amount set forth in its appraisal as the 121 estimate of just compensation for the purpose of instituting the eminent domain proceeding. Except as provided in paragraph C.1.b.(2) below, the fair market value for crediting purposes shall be either the amount of the court award for the real property interests taken or the amount of any stipulated settlement or portion thereof that the Government approves in writing. (2) For interests in lands subject to shore erosion, the Government will credit the amount of the court award or stipulated settlement only to the extent that the court award or stipulated settlement considered special benefits in accordance with the Uniform Appraisal Standards. If the court award or stipulated settlement did not consider special benefits, fair market value for crediting purposes shall be the limited to the amount determined by an appraisal that considers special benefits. c. Waiver of Appraisal. Except as required by paragraph C.1.b. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if, in accordance with 49 C.F.R. Section 24.102(c)(2): (1) the owner is donating the real property interest to the Non- Federal Sponsor and releases the Non-Federal Sponsor in writing from its obligation to appraise the real property interest, and the Non-Federal Sponsor submits to the Government a copy of the owner’s written release; or (2) the Non-Federal Sponsor determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the real property interest proposed for acquisition is estimated at $25,000 or less, based on a review of available data. When the Non-Federal Sponsor determines that an appraisal is unnecessary, the Non-Federal Sponsor shall prepare the written waiver valuation required by 49 C.F.R. Section 24.102(c)(2) and submit a copy thereof to the Government for approval. When the anticipated value of the real property interest exceeds $10,000, up to a maximum of $25,000, the Non- Federal Sponsor must offer the owner the option of having the Non-Federal Sponsor appraise the real property interest. d. Incidental Costs. The Government shall include in construction costs and credit towards the Non-Federal Sponsor’s share of such costs, the incidental costs the Non- Federal Sponsor incurred in acquiring any real property interests required pursuant to Article III for the Project within a five-year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, that are documented to the satisfaction of the Government. Such incidental costs shall include closing and title costs, appraisal costs, survey costs, attorney’s fees, plat maps, mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.E., and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest pursuant to Article III. 2. Placement Area Improvements. The Government shall include in construction costs and credit towards the Non-Federal Sponsor’s share of such costs, the value of placement area improvements required for the Project. Only placement area improvements constructed 122 after the effective date of this Agreement are eligible for credit, unless such placement area improvements were required for in-kind contributions covered by an In-Kind MOU. The value shall be equivalent to the costs, documented to the satisfaction of the Government, that the Non- Federal Sponsor incurred to provide any placement area improvements required for the Project. Such costs include actual costs of constructing the improvements; planning, engineering, and design costs; and supervision and administration costs, but shall not include any costs associated with betterments, as determined by the Government. 3. Relocations. The Government shall include in construction costs and credit towards the Non-Federal Sponsor’s share of such costs, the value of any relocations performed by the Non-Federal Sponsor that are directly related to construction, operation, and maintenance of the Project. Only relocations performed after the effective date of this Agreement are eligible for credit, unless such relocations were required for in-kind contributions covered by an In-Kind MOU. a. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and the salvage value of any removed items. b. For a relocation of a highway, which is any highway, roadway, or street, including any bridge thereof, that is owned by a public entity, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the [State of California would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. c. Relocation costs, as determined by the Government, include actual costs of performing the relocation; planning, engineering, and design costs; and supervision and administration costs. Relocation costs do not include any costs associated with betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. 4. In-Kind Contributions. The Government shall include in construction costs and credit towards the Non-Federal Sponsor’s share of such costs, the value of in-kind contributions that are integral to the Project. a. The value shall be equivalent to the costs, documented to the satisfaction of the Government, that the Non-Federal Sponsor incurred to provide the in-kind contributions, which may include engineering and design; construction; and supervision and administration, but shall not include any costs associated with betterments, as determined by the Government. Appropriate documentation includes invoices and certification of specific payments to contractors, suppliers, and the Non-Federal Sponsor’s employees. b. No credit shall be afforded for the following: interest charges, or any adjustment to reflect changes in price levels between the time the in-kind contributions are completed and credit is afforded; the value of in-kind contributions obtained at no cost to the 123 Non-Federal Sponsor; any in-kind contributions performed prior to the effective date of this Agreement unless covered by an In-Kind MOU; or costs that exceed the Government’s estimate of the cost for such in-kind contributions. 5. Compliance with Federal Labor Laws. Any credit afforded under the terms of this Agreement is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act), and credit may be withheld, in whole or in part, as a result of the Non-Federal Sponsor’s failure to comply with its obligations under these laws. D. Notwithstanding any other provision of this Agreement, the Non-Federal Sponsor shall not be entitled to credit or reimbursement for real property interests that were previously provided as an item of local cooperation for another Federal project or that are required for beach improvements with exclusively private benefits, improvements or other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation, or for the prevention of losses of undeveloped private lands. ARTICLE VI – PAYMENT OF FUNDS A. As of the effective date of this Agreement, total construction costs are projected to be $16,800,599, with the Government’s share of such costs projected to be $9,415,000 and the Non- Federal Sponsor’s share of such costs projected to be $7,385,599. Construction costs allocated to coastal storm risk management are projected to be $16,800,599, with the Government’s share of such costs projected to be $9,415,000 and the Non-Federal Sponsor’s share of such costs projected to be $7,385,599, which includes creditable real property interests, relocations, and placement area improvements projected to be $1,733,461, creditable in-kind contributions projected to be $247,500, and the amount of funds required to meet its cost share projected to be $5,404,638. Average annual costs for operation, maintenance, repair, replacement, and rehabilitation of the Project are projected to be $67,000 (at April 2022 price level). These amounts are estimates only that are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. B. The Government shall provide the Non-Federal Sponsor with monthly reports setting forth the estimated construction costs and the Government’s and Non-Federal Sponsor’s estimated shares of such costs; costs incurred by the Government, using both Federal and Non- Federal Sponsor funds, to date; the amount of funds provided by the Non-Federal Sponsor to date; the estimated amount of any creditable real property interests, placement area improvements, and relocations; the estimated amount of any creditable in-kind contributions; and the estimated amount of funds required from the Non-Federal Sponsor during the upcoming fiscal year. C. The Non-Federal Sponsor shall provide the funds required to meet its share of construction costs allocated to coastal storm risk management by delivering a check payable to 124 “FAO, USAED, San Francisco (L3)” to the District Commander, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. D. The Government shall draw from the funds provided by the Non-Federal Sponsor to cover the non-Federal share of construction costs allocated to coastal storm risk management as those costs are incurred. If the Government determines at any time that additional funds are needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor’s required share of such construction costs, the Government shall provide the Non-Federal Sponsor with written notice of the amount of additional funds required. Within 60 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds. E. Upon completion of construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the written results of such final accounting. Should the final accounting determine that additional funds are required from the Non-Federal Sponsor, the Non- Federal Sponsor, within 60 calendar days of receipt of written notice from the Government, shall provide the Government with the full amount of such additional required funds by delivering a check payable to “FAO, USAED, San Francisco (L3)” to the District Commander, or by providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Such final accounting does not limit the Non-Federal Sponsor's responsibility to pay its share of construction costs, including contract claims or any other liability that may become known after the final accounting. If the final accounting determines that funds provided by the Non-Federal Sponsor exceed the amount of funds required to meet its share of construction costs, the Government shall refund such excess amount, subject to the availability of funds for the refund. F. If there are beach improvements with exclusively private benefits, improvements or other work located within the Coastal Barrier Resources System that the Government has determined are ineligible for Federal financial participation, the prevention of losses of undeveloped private lands, or the Government agrees to acquire or perform, as applicable, real property interests, placement area improvements, relocations, or betterments on the Non-Federal Sponsor’s behalf, the Government shall provide written notice to the Non-Federal Sponsor of the amount of funds required to cover such costs. No later than 60 calendar days of receipt of such written notice, the Non-Federal Sponsor shall make the full amount of such required funds available to the Government through either payment method specified in Article VI.E. If at any time the Government determines that additional funds are required to cover such costs, the Non- Federal Sponsor shall provide those funds within 30 calendar days from receipt of written notice from the Government. If the Government determines that funds provided by the Non-Federal Sponsor exceed the amount that was required for the Government to complete such work, the Government shall refund any remaining unobligated amount. 125 ARTICLE VII - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement, the Government may suspend or terminate construction of the Project unless the Assistant Secretary of the Army (Civil Works) determines that continuation of such work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests. B. If the Government determines at any time that the Federal funds made available for construction of the Project are not sufficient to complete such work, the Government shall so notify the Non-Federal Sponsor in writing within 30 calendar days, and upon exhaustion of such funds, the Government shall suspend construction until there are sufficient funds appropriated by the Congress and funds provided by the Non-Federal Sponsor to allow construction to resume. C. If HTRW is found to exist in, on, or under any required real property interests, the parties shall follow the procedures set forth in Article IV. D. In the event of termination, the parties shall conclude their activities relating to design and construction of the Project. To provide for this eventuality, the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of real property acquisition, resolution of contract claims, and resolution of contract modifications. E. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non-Federal Sponsor pursuant to this Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE VIII - HOLD AND SAVE The Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation, maintenance, repair, rehabilitation, and replacement of the Project, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE IX - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an 126 equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE X - MAINTENANCE OF RECORDS AND AUDITS A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non-Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits of the Project. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government’s costs of audits shall not be included in construction costs, but shall be included in calculating the Federal Participation Limit. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the Non-Federal Sponsor’s request, provide to the Non-Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsor’s activities under this Agreement. The Non-Federal Sponsor shall pay the costs of non-Federal audits without reimbursement or credit by the Government. ARTICLE XI - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. 127 ARTICLE XII - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Non-Federal Sponsor: City Manager Sharon Ranals 400 Grand Ave South San Francisco, CA 94080 If to the Government: District Commander U.S. Army Corps of Engineers, San Francisco District 450 Golden Gate Ave, 4th Floor San Francisco, CA 94102-3404 B. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. ARTICLE XIII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XIV - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. 128 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY [NON-FEDERAL SPONSOR’S NAME] BY: __________________________ BY: ____________________________ TIMOTHY W. SHEBESTA Lieutenant Colonel, U.S. Army [TYPED , District Commander [FULL TITLE] DATE: _________________________ DATE: __________________________ 129 130 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1201 Agenda Date:12/11/2024 Version:1 Item #:10. Report regarding a resolution approving the Updated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement,allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. (Matt Samson, Fire Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Updated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement,allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. BACKGROUND/DISCUSSION The City of South San Francisco is a signatory agency to the San Mateo County Operational Area Emergency Services Council Joint Powers Agreement (agreement)last updated on October 17,2014.The San Mateo County Operational Area Emergency Services Council (ESC)is comprised of all local governments in the County,including special districts, unincorporated areas,and non-governmental entities.ESC’s collective goal is to provide coordinated plans for the protection of people and property based on all phases of emergency management including:preparedness,mitigation, response,and recovery.The ESC also serves to support public information sharing,emergency notification/alert and warning, and provides ongoing funding for the County’s hazardous materials emergency response program. The ESC is supported by the San Mateo County Department of Emergency Management (DEM)through the development of regional emergency planning,emergency response support,public information sharing,emergency response training and exercise coordination,regional grant administration,and administration of regionally available disaster response tools and equipment.Through the ESC,DEM provides these services to all local governments in San Mateo County,supporting disaster response through a regionally coordinated approach.This process allows local government entities access to regional planning resources,incident support personnel,and specialized disaster response equipment and supplies. This updated JPA includes unanimously agreed upon changes that accurately reflect the current responsibilities of DEM and the ESC. The changes include: ·Standardizing of related nomenclature ·Updating agreement language ·Clarifying and defining the roles of the ESC, the ESC Finance Committee, and DEM The proposed changes were reviewed by Fire Department staff and cooperatively by all fire departments in San Mateo County.Proposed changes by the San Mateo County Fire Service were reviewed and included in the updated document. Fire Department staff support the adoption of the JPA with the included changes. FISCAL IMPACT Adoption of this JPA will not alter the current fiscal commitment South San Francisco makes to DEM annually for services including:regional emergency planning,emergency response support,public information sharing,emergency response training and exercise coordination,regional grant administration,administration of regionally available disaster City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™131 File #:24-1201 Agenda Date:12/11/2024 Version:1 Item #:10. response training and exercise coordination,regional grant administration,administration of regionally available disaster response tools and equipment, and hazardous materials response. CONCLUSION It is recommended that the City Council adopt a resolution approving the Updated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement,allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™132 September 19, 2024 1 Second Revised and Restated Joint Exercise of Powers Agreement San Mateo County Operational Area Emergency Services Organization THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”), also known as the Emergency Services Council (“ESC”). Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.” RECITALS Whereas Member Agencies have established a unified emergency services organization by forming the Organization; and Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Policy Directive 5 (PPD-5), the National Response Framework, National Incident Management System (NIMS), Presidential Policy Directive 8 (PPD-8), the National Preparedness Goal (NPG) and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans (EOPs) and Annexes. Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of San Mateo County (SMC), special districts, unincorporated areas, and participating non-governmental entities; and Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act (“JPA Act”), California Government Code Section 6500 et seq. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows: Article I - GENERAL PROVISIONS 1.01 Purpose This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: preparedness, mitigation, response, and recovery. Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement. 133 September 19, 2024 2 1.02 Creation of Authority Pursuant to the JPA Act, the Member Agencies hereby reaffirm the creation of an entity to be known as the Organization or ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary and incidental to accomplishing its purpose. 1.03 Membership in the Organization Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the ESC. 1.04 Participating Members/Partners in the Organization The DEM will establish standards for emergency management practices within the SMC OA. Member Agencies will take those standards into consideration and implement them as they see fit within their respective jurisdictions. Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement. 1.05 Powers of the Organization The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds. Article II – GOVERNANCE 2.01 Composition of the Organization The Organization shall be administered by the ESC consisting of the following members: a) The Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall be appointed by the President of the Board of Supervisors. b) The mayor of each city or town in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor they are representing. c) A Vice-Chair shall be selected by the ESC. 2.02 General Purpose of the Organization The general purpose of the Organization is to: a) Provide structure for administrative and fiscal policies and procedures; 134 September 19, 2024 3 b) Identify and pursue funding sources; c) Set policy; d) Maximize the utilization of available resources; and e) Oversee all committee activities. 2.03 Specific Responsibilities of the ESC The specific responsibilities of the ESC shall be as follows: a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization. b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member Agency to secure from each the appropriation consistent with each Member Agency’s identified allocation (via Budget Sheets.) c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association (SMC EMA) and work alongside the DEM. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days. d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the DEM and the Organization. 2.04 Meetings of the Organization. a) Regular Meetings: The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year. By the approval of the Chair, Vice Chair, or the Department of Emergency Management Director (“DEM Director”), meetings can be canceled due to extenuating circumstances, which may include, but are not limited to, a lack of agenda items. b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. c) Special Meetings: Special meetings of the ESC may be called by the Chair, a majority of the ESC or the DEM Director. Special meetings will be held in accordance with the Ralph M. Brown Act (“Brown Act”), California Government Code section 54950 et seq. d) Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the DEM Director. e) Meetings of the ESC shall be conducted by the Vice-Chair in the absence of the Chairperson. 135 September 19, 2024 4 In the absence of both Chair and Vice-Chair, the meeting shall be chaired by a member of the ESC selected by a majority vote of the ESC. 2.05 Minutes The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website. 2.06 Voting All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote. A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted. 2.07 Quorum; Required Votes; Approvals A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum. Article III – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY COMMITTEES 3.01 Treasurer The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the JPA Act. 3.02 Auditor and Financial Accountability Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2). Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th. Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the 136 September 19, 2024 5 SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization. Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing standards. 3.03 Legal Counsel The SMC Attorney’s Office shall be the legal counsel for the Organization. To the extent permitted by the JPA Act, the Organization may change, by resolution, the legal counsel to the Organization. The full cost of outside legal counsel will be the responsibility of the Organization. 3.04 Secretary to the Organization The DEM shall provide a Secretary and administrative support to the Organization. 3.05 Contractors The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs. 3.06 Committees The Organization may form and dissolve Committees as determined by the ESC. 3.07 Department of Emergency Management The DEM is responsible for the on-going operation of the SMC OA and is also responsible for achieving the purposes of the Organization as follows: a) Emergency Response Support - coordination and planning during any regional emergency in accordance with adopted emergency plans. b) Emergency Plans - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the ESC. c) Communications - coordination, development and maintenance of an area-wide emergency communications systems, including public alert and warning systems, and other situational awareness tools. The DEM may host SMC OA communication infrastructure such as system-wide applications or platforms. d) Public Education and Information - coordination and support of an area-wide public education and information program. e) Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for 137 September 19, 2024 6 the training and exercise of their identified employees; however, the DEM will provide needed support as requested. f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director will serve as the representative of Member Agencies with various grants and their approval authorities, including the State Homeland Security Program and Bay Area Urban Areas Security Initiative. g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment. h) Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts. i) Resource Management – allocation and coordination of resources during local emergencies. Local governments will request resources through the logistics section at the SMC OA EOC. The DEM will escalate resource requests to the state if unable to be fulfilled locally. j) Regional Hazardous Material Emergency Response Program – The DEM will oversee the contract for hazardous material response in the SMC OA. 3.08 Staffing Reimbursement The DEM is staffed by employees of the County of San Mateo. The DEM supports the purposes of the Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement. 3.09 Property If the Organization acquires title to property, the DEM Director will have charge of, handle, or have access to the property of the Organization, and shall file an official bond in an amount to be fixed by the contracting parties, pursuant to Section 6505.1 of the Government Code. Article IV – BUDGET AND COST-SHARING In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below. a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows: 1. The county shall pay 50% of the remaining balance. 2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula: i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city. ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows: 138 September 19, 2024 7 a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils. b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor. d) The population figures will be based on the Census and will be updated at a minimum of every ten years. e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by the ESC. g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will then make a recommendation to the ESC, as to the disposition of the excess funds. h) With respect any Member Agency that is not a City or the County, the amount to be contributed is determined by a negotiation between those Member Agencies and the DEM Director and must be approved by the ESC. A letter memorializing the agreed contribution will be an attachment to this Agreement. i) The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial recommendations to the ESC. The Finance Committee will consist of the following members: SMC Supervisor (Chair of the ESC), Vice Chair, and representatives chosen by the ESC to be limited to five members. j) The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of $1,500,000. This policy can be reviewed and updated with a majority vote from the ESC. Article V - INSURANCE a) The County shall add the Organization and ESC to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Attorney. b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article IV (b). 139 September 19, 2024 8 Article VI - EFFECTIVENESS This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Member Agencies upon adoption and approval by the ESC and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein. Article VII – TERM AND TERMINATION 7.01 Withdrawal by Members a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year. b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the ESC by its governing body, and majority approval of the petition by the ESC. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement. c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective, but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article IV. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies. 7.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization shall be transferred to the County of San Mateo and be used for “County Wide” purposes. 7.03 Amendments Any proposed Amendments to this Agreement may be recommended by the ESC but must be ratified by each Member Agency’s governing body. 7.04 Bylaws The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate. Article VIII - MISCELLANEOUS PROVISIONS 8.01 Notices 140 September 19, 2024 9 It shall be the responsibility of the County Manager or designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement. 8.02 Severability If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.03 Supersession It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 2014 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto. 8.04 Assignment No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the ESC. 8.05 Governing Law This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo. 8.06 Headings The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 8.07 Counterparts This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement. 8.08 No Third Party Beneficiaries This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Member Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein. 8.09 Filing of Notice of Agreement Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State. 8.10 Conflict of Interest Code The Organization has adopted a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict 141 September 19, 2024 10 of Interest Code and will be responsible for filing a Form 700 with the Organization. 8.11 Indemnification The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees. Each Member Agency shall defend, indemnify and hold harmless the Organization and the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees. 8.12 Dispute Resolution/Legal Proceedings Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization. 8.13 Authorization to Enter Into Agreement Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement. 8.14 Confirmation of Jurisdictional Authority By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority. (SIGNATURES ARE ON FOLLOWING PAGE) 142 September 19, 2024 11 IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows: Signatories Resolution/Action Number Date of Adoption Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo 143 September 19, 2024 12 ANNEX A – COMMON TERMINOLOGY A.01 Terminology Defined Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter. A.02 All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) that calls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare for and respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, and community engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and cost. A.03 California Governor’s Office of Emergency Services (Cal OES): State-level organization that functions as the central command center during major emergencies and disasters in California. Cal OES oversees the response, direction, and coordination of state and federal resources, as well as mutual aid assets, to support diverse communities in the state. A.04 Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic event could result in sustained impacts over a prolonged period, exceed resources normally available in the impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened. A.05 Community Emergency Response Team (CERT): Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the California Governor’s Office of Emergency Services (Cal OES). A.06 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander. A.07 Emergency: Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and environment. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety or to lessen or avert the threat of a catastrophe in any part of the United States. 144 September 19, 2024 13 A.08 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism or other human-caused disasters. A.09 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or maybe in a more central or permanently established facility, such as at a higher level of organization within a jurisdiction. A.10 Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's response to major disasters and emergencies, providing support and resources to state and local authorities. Its role includes managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents. A.11 Incident: An occurrence or event, natural or human-caused, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response. A.12 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and can be applied to small as well as large and complex incidents. A.13 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat. A.14 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002). A.15 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life 145 September 19, 2024 14 and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect. A.16 National Incident Management System (NIMS): A system that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, to reduce the loss of life or property and harm to the environment. A.17 National Response Framework: Document that establishes a comprehensive, national, all- hazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond. A.18 Operational Area (OA): An intermediate level of the state emergency services organization, consisting of SMC and all political subdivisions within the county area. In a state of emergency, the OA shall serve as a link in the system of communications and coordination between the political subdivisions comprising the OA and the Regional Emergency Operations Center (REOC) or State Operations Center (SOC). The SMC OA mirrors the County’s geographic boundaries. A.19 Preparedness: Actions that involve a combination of planning, resources, training, as well as exercising and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents, and developing jurisdiction-specific plans for delivering capabilities when needed for an incident. A.20 Recovery: The development, coordination, and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incident. A.21 Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or an EOC. A.22 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery. 146 September 19, 2024 15 A.23 Standardized Emergency Management System (SEMS): The cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the ICS, California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), the OA concept, and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS to be eligible for any reimbursement of response-related costs under the state’s disaster assistance program. 147 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1202 Agenda Date:12/11/2024 Version:1 Item #:10a. Resolution approving the Second Revised and Restated San Mateo County Operational Area Emergency Services Council Joint Powers Agreement, allowing the City of South San Francisco to continue partnering with the County of San Mateo’s Department of Emergency Management and engage in operational area planning with respect to all phases of emergency management including: preparedness, mitigation, response, and recovery. WHEREAS, the City of South San Francisco (“City”) staff recommend that the City Council adopt a resolution approving the San Mateo County Operational Area Emergency Services Council Second Revised and Restated Joint Powers Agreement (“Joint Powers Agreement” or “JPA”), allowing the City to continue partnering with the County of San Mateo’s Department of Emergency Management; and WHEREAS, the City is a member of the San Mateo County Operational Area Emergency Services Council by virtue of City Council approval of the existing Joint Powers Agreement , which was last updated in 2014; and WHEREAS, the City, and all Member Agencies, agrees that the goal of the Joint Powers Agreement is to provide coordinated plans for the protection of persons and property based on all phases of emergency management; and WHEREAS, the City continues to benefit from the services provided by the ESC and San Mateo County Department of Emergency Management including regional emergency planning, emergency response support, public information sharing, emergency response training and exercise coordination, regional grant administration, administration of regionally available disaster response tools and equipment, and hazardous materials response; and WHEREAS, adoption of this JPA will not alter the current fiscal commitment South San Francisco makes to DEM annually for services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby take the following actions: 1.Approves the Second Revised and Restated Joint Exercise of Powers Agreement San Mateo County Operational Area Emergency Services Organization. 2.Authorizes the City Manager to execute the JPA and take any other action consistent with carrying out the intent City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™148 File #:24-1202 Agenda Date:12/11/2024 Version:1 Item #:10a. of this resolution. ***** City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™149 September 19, 2024 1 Second Revised and Restated Joint Exercise of Powers Agreement San Mateo County Operational Area Emergency Services Organization THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”), also known as the Emergency Services Council (“ESC”). Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.” RECITALS Whereas Member Agencies have established a unified emergency services organization by forming the Organization; and Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Policy Directive 5 (PPD-5), the National Response Framework, National Incident Management System (NIMS), Presidential Policy Directive 8 (PPD-8), the National Preparedness Goal (NPG) and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans (EOPs) and Annexes. Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of San Mateo County (SMC), special districts, unincorporated areas, and participating non-governmental entities; and Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act (“JPA Act”), California Government Code Section 6500 et seq. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows: Article I - GENERAL PROVISIONS 1.01 Purpose This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: preparedness, mitigation, response, and recovery. Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement. 150 September 19, 2024 2 1.02 Creation of Authority Pursuant to the JPA Act, the Member Agencies hereby reaffirm the creation of an entity to be known as the Organization or ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary and incidental to accomplishing its purpose. 1.03 Membership in the Organization Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the ESC. 1.04 Participating Members/Partners in the Organization The DEM will establish standards for emergency management practices within the SMC OA. Member Agencies will take those standards into consideration and implement them as they see fit within their respective jurisdictions. Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement. 1.05 Powers of the Organization The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds. Article II – GOVERNANCE 2.01 Composition of the Organization The Organization shall be administered by the ESC consisting of the following members: a) The Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall be appointed by the President of the Board of Supervisors. b) The mayor of each city or town in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor they are representing. c) A Vice-Chair shall be selected by the ESC. 2.02 General Purpose of the Organization The general purpose of the Organization is to: a) Provide structure for administrative and fiscal policies and procedures; 151 September 19, 2024 3 b) Identify and pursue funding sources; c) Set policy; d) Maximize the utilization of available resources; and e) Oversee all committee activities. 2.03 Specific Responsibilities of the ESC The specific responsibilities of the ESC shall be as follows: a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization. b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member Agency to secure from each the appropriation consistent with each Member Agency’s identified allocation (via Budget Sheets.) c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association (SMC EMA) and work alongside the DEM. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days. d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the DEM and the Organization. 2.04 Meetings of the Organization. a) Regular Meetings: The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year. By the approval of the Chair, Vice Chair, or the Department of Emergency Management Director (“DEM Director”), meetings can be canceled due to extenuating circumstances, which may include, but are not limited to, a lack of agenda items. b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. c) Special Meetings: Special meetings of the ESC may be called by the Chair, a majority of the ESC or the DEM Director. Special meetings will be held in accordance with the Ralph M. Brown Act (“Brown Act”), California Government Code section 54950 et seq. d) Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the DEM Director. e) Meetings of the ESC shall be conducted by the Vice-Chair in the absence of the Chairperson. 152 September 19, 2024 4 In the absence of both Chair and Vice-Chair, the meeting shall be chaired by a member of the ESC selected by a majority vote of the ESC. 2.05 Minutes The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website. 2.06 Voting All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote. A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted. 2.07 Quorum; Required Votes; Approvals A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum. Article III – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY COMMITTEES 3.01 Treasurer The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the JPA Act. 3.02 Auditor and Financial Accountability Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2). Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th. Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the 153 September 19, 2024 5 SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization. Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing standards. 3.03 Legal Counsel The SMC Attorney’s Office shall be the legal counsel for the Organization. To the extent permitted by the JPA Act, the Organization may change, by resolution, the legal counsel to the Organization. The full cost of outside legal counsel will be the responsibility of the Organization. 3.04 Secretary to the Organization The DEM shall provide a Secretary and administrative support to the Organization. 3.05 Contractors The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs. 3.06 Committees The Organization may form and dissolve Committees as determined by the ESC. 3.07 Department of Emergency Management The DEM is responsible for the on-going operation of the SMC OA and is also responsible for achieving the purposes of the Organization as follows: a) Emergency Response Support - coordination and planning during any regional emergency in accordance with adopted emergency plans. b) Emergency Plans - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the ESC. c) Communications - coordination, development and maintenance of an area-wide emergency communications systems, including public alert and warning systems, and other situational awareness tools. The DEM may host SMC OA communication infrastructure such as system-wide applications or platforms. d) Public Education and Information - coordination and support of an area-wide public education and information program. e) Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for 154 September 19, 2024 6 the training and exercise of their identified employees; however, the DEM will provide needed support as requested. f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director will serve as the representative of Member Agencies with various grants and their approval authorities, including the State Homeland Security Program and Bay Area Urban Areas Security Initiative. g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment. h) Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts. i) Resource Management – allocation and coordination of resources during local emergencies. Local governments will request resources through the logistics section at the SMC OA EOC. The DEM will escalate resource requests to the state if unable to be fulfilled locally. j) Regional Hazardous Material Emergency Response Program – The DEM will oversee the contract for hazardous material response in the SMC OA. 3.08 Staffing Reimbursement The DEM is staffed by employees of the County of San Mateo. The DEM supports the purposes of the Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement. 3.09 Property If the Organization acquires title to property, the DEM Director will have charge of, handle, or have access to the property of the Organization, and shall file an official bond in an amount to be fixed by the contracting parties, pursuant to Section 6505.1 of the Government Code. Article IV – BUDGET AND COST-SHARING In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below. a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows: 1. The county shall pay 50% of the remaining balance. 2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula: i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city. ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows: 155 September 19, 2024 7 a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils. b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor. d) The population figures will be based on the Census and will be updated at a minimum of every ten years. e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by the ESC. g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will then make a recommendation to the ESC, as to the disposition of the excess funds. h) With respect any Member Agency that is not a City or the County, the amount to be contributed is determined by a negotiation between those Member Agencies and the DEM Director and must be approved by the ESC. A letter memorializing the agreed contribution will be an attachment to this Agreement. i) The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial recommendations to the ESC. The Finance Committee will consist of the following members: SMC Supervisor (Chair of the ESC), Vice Chair, and representatives chosen by the ESC to be limited to five members. j) The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of $1,500,000. This policy can be reviewed and updated with a majority vote from the ESC. Article V - INSURANCE a) The County shall add the Organization and ESC to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Attorney. b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article IV (b). 156 September 19, 2024 8 Article VI - EFFECTIVENESS This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Member Agencies upon adoption and approval by the ESC and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein. Article VII – TERM AND TERMINATION 7.01 Withdrawal by Members a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year. b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the ESC by its governing body, and majority approval of the petition by the ESC. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement. c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective, but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article IV. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies. 7.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization shall be transferred to the County of San Mateo and be used for “County Wide” purposes. 7.03 Amendments Any proposed Amendments to this Agreement may be recommended by the ESC but must be ratified by each Member Agency’s governing body. 7.04 Bylaws The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate. Article VIII - MISCELLANEOUS PROVISIONS 8.01 Notices 157 September 19, 2024 9 It shall be the responsibility of the County Manager or designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement. 8.02 Severability If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.03 Supersession It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 2014 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto. 8.04 Assignment No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the ESC. 8.05 Governing Law This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo. 8.06 Headings The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 8.07 Counterparts This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement. 8.08 No Third Party Beneficiaries This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Member Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein. 8.09 Filing of Notice of Agreement Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State. 8.10 Conflict of Interest Code The Organization has adopted a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict 158 September 19, 2024 10 of Interest Code and will be responsible for filing a Form 700 with the Organization. 8.11 Indemnification The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees. Each Member Agency shall defend, indemnify and hold harmless the Organization and the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees. 8.12 Dispute Resolution/Legal Proceedings Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization. 8.13 Authorization to Enter Into Agreement Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement. 8.14 Confirmation of Jurisdictional Authority By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority. (SIGNATURES ARE ON FOLLOWING PAGE) 159 September 19, 2024 11 IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows: Signatories Resolution/Action Number Date of Adoption Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo 160 September 19, 2024 12 ANNEX A – COMMON TERMINOLOGY A.01 Terminology Defined Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter. A.02 All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) that calls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare for and respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, and community engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and cost. A.03 California Governor’s Office of Emergency Services (Cal OES): State-level organization that functions as the central command center during major emergencies and disasters in California. Cal OES oversees the response, direction, and coordination of state and federal resources, as well as mutual aid assets, to support diverse communities in the state. A.04 Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic event could result in sustained impacts over a prolonged period, exceed resources normally available in the impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened. A.05 Community Emergency Response Team (CERT): Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the California Governor’s Office of Emergency Services (Cal OES). A.06 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander. A.07 Emergency: Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and environment. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety or to lessen or avert the threat of a catastrophe in any part of the United States. 161 September 19, 2024 13 A.08 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism or other human-caused disasters. A.09 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or maybe in a more central or permanently established facility, such as at a higher level of organization within a jurisdiction. A.10 Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's response to major disasters and emergencies, providing support and resources to state and local authorities. Its role includes managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents. A.11 Incident: An occurrence or event, natural or human-caused, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response. A.12 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and can be applied to small as well as large and complex incidents. A.13 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat. A.14 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002). A.15 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life 162 September 19, 2024 14 and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect. A.16 National Incident Management System (NIMS): A system that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, to reduce the loss of life or property and harm to the environment. A.17 National Response Framework: Document that establishes a comprehensive, national, all- hazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond. A.18 Operational Area (OA): An intermediate level of the state emergency services organization, consisting of SMC and all political subdivisions within the county area. In a state of emergency, the OA shall serve as a link in the system of communications and coordination between the political subdivisions comprising the OA and the Regional Emergency Operations Center (REOC) or State Operations Center (SOC). The SMC OA mirrors the County’s geographic boundaries. A.19 Preparedness: Actions that involve a combination of planning, resources, training, as well as exercising and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents, and developing jurisdiction-specific plans for delivering capabilities when needed for an incident. A.20 Recovery: The development, coordination, and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incident. A.21 Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or an EOC. A.22 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery. 163 September 19, 2024 15 A.23 Standardized Emergency Management System (SEMS): The cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the ICS, California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), the OA concept, and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS to be eligible for any reimbursement of response-related costs under the state’s disaster assistance program. 164 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1114 Agenda Date:12/11/2024 Version:1 Item #:11. Report regarding a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2023-24.(Karen Chang, Director of Finance) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2023-24 and making findings regarding the continuing need for unexpended balances of impact fees as of June 30, 2024 as required by the Mitigation Fee Act. BACKGROUND/DISCUSSION Under state law (Government Code Section 66000 et seq.),the City is authorized to collect fees from new development to fund necessary improvements to public facilities to mitigate the impacts of that new development.In Fiscal Year (FY)2023-24,the City administered 12 distinct impact fees along with one (1) sewer capacity charge.These programs support new development’s share of certain capital infrastructure projects.The impact fees charged are based upon a pro-rata share of estimated costs for necessary public improvements.The sewer capacity charge is a cost recovery charge based on the proportional benefit to the person or property being charged.It is associated with providing collection and treatment capacity through the existing infrastructure available and future capital projects. Government Code Section 66000 et seq.requires the City to review the status of collected impact fees and sewer capacity charges annually.The impact fee and sewer capacity charge report for fiscal year ending June 30,2024 (“AB 1600 Report”)is provided as Exhibit A to the resolution associated with this staff report.The table below is a summary of each fund’s ending balances as of June 30, 2024: Fees and Charges Area Ending Balance Bicycle and Pedestrian Impact Fee (1)Citywide $253,176 Childcare Impact Fee Citywide 15,156,949 Commercial Linkage Impact Fee (Affordable Housing)Citywide 14,362,362 Library Impact Fee Citywide 43,938 Park Construction Fee Citywide 12,022,604 Park Land Acquisition Fee Citywide 3,120,024 Public Arts Fee Citywide 462,465 Public Safety Impact Fee Citywide 2,242,706 Citywide Transportation Impact Fee Citywide 13,703,614 Oyster Point Interchange Impact Fee (2)Oyster Point 56,052 Sewer Impact Fee Plan Area 6,363,070 Traffic Impact Fee (1)East of 101 16,119,693 Sewer Capacity Charges Plan Area 13,607,647 Total $97,514,300 City of South San Francisco Printed on 12/6/2024Page 1 of 4 powered by Legistar™165 File #:24-1114 Agenda Date:12/11/2024 Version:1 Item #:11. Fees and Charges Area Ending BalanceBicycle and Pedestrian Impact Fee (1)Citywide $253,176Childcare Impact Fee Citywide 15,156,949Commercial Linkage Impact Fee (Affordable Housing)Citywide 14,362,362Library Impact Fee Citywide 43,938Park Construction Fee Citywide 12,022,604Park Land Acquisition Fee Citywide 3,120,024Public Arts Fee Citywide 462,465 Public Safety Impact Fee Citywide 2,242,706 Citywide Transportation Impact Fee Citywide 13,703,614 Oyster Point Interchange Impact Fee (2)Oyster Point 56,052 Sewer Impact Fee Plan Area 6,363,070 Traffic Impact Fee (1)East of 101 16,119,693 Sewer Capacity Charges Plan Area 13,607,647 Total $97,514,300 (1)The fees have been superseded by the Citywide Transportation Impact Fee through Resolution 120- 2020 adopted in October 2020. The fees are still in use for projects that received entitlements and are vested prior to November 22, 2020. (2)The ending balance does not include a loan balance of $1,166,152 from the former Redevelopment Agency, which is now the Successor Agency, for dollars advanced by the former RDA to complete the interchange before all impact fees had been collected. Aside from fund balances,under the requirements of AB 1600,the Report also needs to show the planned projects for the upcoming fiscal year (FY 2024-25)using the various impact fees or sewer capacity charges. This information can also be found in Exhibit A.The Report was also published on the City’s website on November 26, 2024. Report’s URL: <https://www.ssf.net/Departments/Finance/Financial-Reports/Development-Impact-Fee-Report-AB1600> UNEXPENDED FUND(S) REMAINING FOR MORE THAN FIVE YEARS One of the provisions in the State law regulating development fees is to regularly review funds collected and held for more than five years and to make certain findings to continue to hold those funds. Given the multi- year nature of the capital projects to be financed, it is expected that funds will be accumulated and used based on the timing of construction. Below are the funds with unexpended collections remaining for more than five years. Bicycle & Pedestrian Impact Fee Fund Childcare Impact Fee Fund Park Construction Fee Fund Sewer Impact Fee Fund Traffic Impact Fee Fund Beginning Fund Balance 7/1/2019 $51,273 $5,536,727 $2,116,514 $4,436,134 $20,593,456 Total Expenditures - 690,844 1,971,714 2,357,068 16,628,253 Unexpended Fees Subject to 5 -Year limitation at 6/30/24 $51,273 $4,845,883 $144,800 $2,079,066 $3,965,203 Bicycle and Pedestrian Impact Fee Fund (Fund 822) The unexpended funds are committed to Oyster Point & East Grand Corridor Improvement (tr1602). Childcare Impact Fee Fund (Fund 830) The unexpended funds are committed to two projects: City of South San Francisco Printed on 12/6/2024Page 2 of 4 powered by Legistar™166 File #:24-1114 Agenda Date:12/11/2024 Version:1 Item #:11. >West Orange Library Preschool Conversion Project (total cost ~$12-$15 million) The West Orange Library was relocated to the Civic Campus in Fall 2023. The City has set a goal to create 100 new preschool spaces in the former main library building. Remodeling and seismic retrofitting of the existing main library facility into a licensed preschool center is estimated to cost $15 million dollars of which $ 4 million is expected to be funded by Childcare Impact fee. >Westborough Preschool (budgeted at $9 mil) The City is constructing a new licensed preschool facility to serve the growing need in the Westborough neighborhood. Childcare Impact Fees would fund the design and construction of a new facility, which the Parks and Recreation Department would operate. Staff is projecting the site would serve 40 children; however, design will confirm the size and scope of the building. This work will be prioritized after the West Orange Library Preschool Conversion Project. Park Construction Fee Fund (Fund 806) The unexpended funds of $144,800 are committed to various projects such as Linden Park (pk2305), Orange Park Sports Field Renovation (pk1402) and Sellick Park Renovation (pk1803). East of 101 Sewer Impact Fee Fund (Fund 810) The unexpended funds of $2.08 million are committed to Oyster Point Sewer Main Update (ss2401). The project aims at reconstructing the existing sanitary sewer main on Oyster Point Boulevard from Gull Drive to Pump Station #2 at Gateway Boulevard. The Sewer Impact Fee Fund is budgeted to provide $6.1 million for this project. East of 101 Traffic Impact Fee Fund (Fund 820) The unexpended funds of $3.96 million are committed to numerous on-going streets and traffic improvement projects, such as US-101 Produce Ave Interchange (tr1404), Oyster Pt & East Grand Corridor Improvement (tr1602) and Utah & Harbor Intersection Improvement (tr2101). The SSF Shoreline Projection & Connectivity (sd2402) is another new project to be funded by East 101 Traffic Impact Fee Fund to determine preventative measures to mitigate risk of coastal flooding from sea level rises in the bay. FISCAL IMPACT This informational report is used to satisfy the annual reporting requirements. There is no financial impact related to this report, as impact fee revenues and expenditures have already been approved as part of the City’s budget. Reporting of this information satisfies the regulatory requirements for the City to continue to impose impact fees on new development. RELATIONSHIP TO STRATEGIC PLAN Adoption of the resolution supports the City’s strategy on financial stability. CONCLUSION The City’s impact fee program has helped fund important City infrastructure to accommodate growth from City of South San Francisco Printed on 12/6/2024Page 3 of 4 powered by Legistar™167 File #:24-1114 Agenda Date:12/11/2024 Version:1 Item #:11. new development, which ultimately supports the City Council’s efforts to build better neighborhoods that can integrate new development while preserving the City’s existing character. The information contained in this report demonstrates the City’s current use of impact fee funds and the continued need for impact fee funding per the requirements of Government Code Section 66000 et seq. City of South San Francisco Printed on 12/6/2024Page 4 of 4 powered by Legistar™168 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1115 Agenda Date:12/11/2024 Version:1 Item #:11a. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2023-24. WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.), the City is required to annually report certain information regarding the collection of development impact fees; and WHEREAS, under the Mitigation Fee Act, the City is also required to make certain findings every five (5) years regarding unexpended impact fees and summarize those findings in the annual report (“Report”); and WHEREAS, staff has reviewed the development impact fees collected through June 30, 2019 to determine if any such development fees still remain unexpended; and WHEREAS, staff has found that development fees collected for this period remain unexpended and the City is committed to use these unexpended amounts for construction of capital improvements as follows: Bicycle and Pedestrian Impact Fees $ 51,273 Childcare Impact Fees 4,845,883 Park Construction Fees 144,800 Sewer Impact Fees 2,079,066 Traffic Impact Fees 3,965,203 Total Fees Subject to AB 1600 $ 11,086,225 WHEREAS, pursuant to Government Code section 66013, the City is also required to annually report certain information in connection with the collection of Sewer Capacity Charges; and WHEREAS, the Report for Fiscal Year 2023-24, attached hereto and incorporated herein as Exhibit A, contains both the annual reporting information for the City’s development impact fee programs and a section with the necessary annual information for Sewer Capacity Charges; and WHEREAS, the Report has been available on the City’s website and at City Hall for at least fifteen (15) days prior to this Council meeting and was distributed to all Councilmembers in advance of said meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the Report for Fiscal Year 2023-24. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings outlined in the Report for Fiscal Year 2023-24, attached hereto and incorporated herein as Exhibit A, as City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™169 File #:24-1115 Agenda Date:12/11/2024 Version:1 Item #:11a. required by Government Code Sections 66006. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™170 1 Annual Impact Fee Report For the City of South San Francisco For Fiscal Year 2023-24 This report contains information on the City of South San Francisco’s development impact fees for the Fiscal Year 2023-24. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. The report is not intended to provide a full picture of currently planned projects. It only reports project information, revenues, and expenditures for the Fiscal Year 2023-24. Government Code Section 66006 requires agencies to outline the status of development impact fees. Government Code Section 66001 requires local agencies to submit five-year financial reports. The annual report is available to the public within 180 days after the last day of the fiscal year. The report is presented to the public agency (the City Council) at least 15 days after it is made available to the public. This report summarizes each of the development impact fee programs. Requirements under Government Code Section 66006 are: 1. A brief description of the fee program. 2. The amount of the fee. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected, interest earned, and transfers/loans. 5. An identification of each public improvement. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees. 6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement. 7. The estimated date when projects will begin if enough revenues are available to construct the project. 8. The number of refunds made to property owners. This report also summarizes five-year reporting information for the Impact Fee programs as required under Government Code Section 66001: 1. The purpose of the fee expenditure. 171 2 2. The reasonable relationship between the fee and the purpose used. 3. All sources and amounts of funding anticipated to complete financing in incomplete improvements. 4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund. This report also contains information on the City of South San Francisco’s sewer capacity charges. Government Code Section 66013 requires agencies to submit annual reports on the status of sewer capacity charges. The public must have access to the report within 180 days after the last day of each fiscal year. This report summarizes the following information for the sewer capacity charges: 1. A description of the charges deposited in the fund. 2. The beginning and ending balance of the fund and the interest earned from investment in the fund. 3. The amount collected in that fiscal year. 4. An identification of all the following: a. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. b. Each public improvement on which charges were expended was completed during that fiscal year. c. Each public improvement that is anticipated to be undertaken in the following fiscal year. 5. A description of each interfund transfer or loan from the capital facilities fund, the date the loan will be repaid, and the rate of interest. In the case of an interfund transfer, the report identifies the public improvements on which the money is or will be expended. More detailed information on the various fee programs is available. Nexus studies, master plans, capital improvement programs, and budgets are all made public on the City's website. The City does not earmark impact fees for any specific project as revenues come in. Nexus studies outline capital improvement projects. Nexus studies examples may include future sewer infrastructure, transportation infrastructure, and other capital facilities. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action. 172 3 TABLE OF CONTENTS Citywide Impact Fee Program Bicycle and Pedestrian Impact Fee Fund (Fund 822) Overview and Required Findings ............................................................................ 5 Financial Reporting ................................................................................................. 6 Childcare Impact Fee Fund (Fund 830) Overview and Required Findings ............................................................................ 7 Financial Reporting ................................................................................................. 8 Commercial Linkage Impact Fee (Fund 823) Overview and Required Findings ............................................................................ 9 Financial Reporting ............................................................................................... 10 Library Impact Fee (Fund 824) Overview and Required Findings .......................................................................... 11 Financial Reporting ............................................................................................... 12 Park Construction Fee (Fund 806) Overview and Required Findings .......................................................................... 13 Financial Reporting ............................................................................................... 14 Park Land Acquisition Fee (Fund 805) Overview and Required Findings .......................................................................... 15 Financial Reporting ............................................................................................... 16 Public Arts (Fund 827) Overview and Required Findings .......................................................................... 17 Financial Reporting ............................................................................................... 18 Public Safety Impact Fee Fund (Fund 821) Overview and Required Findings .......................................................................... 19 Financial Reporting ............................................................................................... 20 Transportation Impact Fee (Fund 825) Overview and Required Findings .......................................................................... 21 Financial Reporting ............................................................................................... 22 173 4 Plan Area Impact Fee Programs Oyster Point Interchange Impact Fee Fund (Fund 840) Overview and Required Findings .......................................................................... 24 Financial Reporting ............................................................................................... 26 East of 101 Sewer Impact Fee Fund (Fund 810) Overview and Required Findings .......................................................................... 27 Financial Reporting ............................................................................................... 28 East of 101 Traffic Impact Fee Fund (Fund 820) Overview and Required Findings .......................................................................... 29 Financial Reporting ............................................................................................... 30 Other Reportable Citywide Charges Sewer Capacity Charge Fund (Fund 730) Overview and Required Findings .......................................................................... 32 Financial Reporting ............................................................................................... 33 Fee Schedules ....................................................................................................................... 34 174 5 Bicycle and Pedestrian Impact Fee Program The City Council adopted this nexus study for the citywide impact fee program in 2017. The study identified the need to support the Bicycle Master Plan adopted by the City in February 2011 by Resolution 23-2011. The General Plan establishes that maintaining bicycle and pedestrian infrastructure requires funding sources. The Bicycle Master Plan recommends the completion of the City’s existing network of bicycle paths, lanes, and routes. Annual Reporting Information: 1. The purpose of the Bicycle and Pedestrian Impact Fee Program is to establish funding for completion of the City’s existing network of bicycle paths. Additional daily trips due to development projects place more demands on bicycle and pedestrian infrastructures in the city. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the Bicycle and Pedestrian Impact Fee. 3. Refer to page 6 of this report for the beginning and ending balance of the account for the Bicycle and Pedestrian Impact Fee. 4. See page 6 of this report for Bicycle and Pedestrian Impact Fees collected, and interest earned. 5. There were no projects worked on during the Fiscal Year 2023-24 using the Bicycle and Pedestrian Impact Fee funding. 6. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 7. There were no interfund transfers or loans. 8. There is no potential refund to property owners as available funds have been appropriated for on- going projects. 175 6 Bicycle and Pedestrian Impact Fee Program (Fund 822) This citywide development impact fee program funds bicycle and pedestrian improvements. Development projects generate additional daily trips that place more demands on bicycle and pedestrian infrastructures in the city. Beginning balance, July 1, 2023 $ 226,954 Additions Bicycle and Pedestrian Impact Fees collected $ 16,550 Interest Earned 6,636 Unrealized gains/losses 3,036 Total Additions $ 26,222 Total Disbursements - Remaining balance as of June 30, 2024 $ 253,176 Projects Appropriate from prior Fiscal Years Oyster Point & East Grand Corridor Improvement (tr1602) $ (156,915) Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 96,261 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 14,639$ 50,901$ 69,090$ 41,051$ 26,222$ 2-Year Old funds 50,347 14,639 50,901 69,090 41,051 3-Year Old funds 926 50,347 14,639 50,901 69,090 4-Year Old funds - 926 50,347 14,639 50,901 5-Year Old funds - - 926 50,347 14,639 Older than 5 Years old - - - 926 51,273 Total Revenue Available 65,912$ 116,813$ 185,903$ 226,954$ 253,176$ Five-Year Revenue Test Using First In First Out Method 176 7 Childcare Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2001. The study identified the need for new and expanded childcare facilities in the City. In August 2020, a new study analyzed the current relationship between new development in the City, the childcare services needed to serve that growth, and the estimated costs of those facilities to provide those childcare services, and to analyze new development's fair share of childcare infrastructure costs. The City’s current ordinance governing the impact fees provide the City with the ability to increase impact fees annually based upon either a Consumer Price Index or Construction Cost Index. The fee program includes a 3.34% administrative fee. The study estimates that the City will need to create 2,138 additional childcare spaces by 2040 to maintain current childcare services standards in the City and estimates that 1,069 of these needed spaces are expected to be met by traditional childcare facilities funded by the fee. The study further estimates that the total projected cost to create these additional 1,069 childcare spaces is $43.5 million. Other funding sources may include the City’s General Fund, grants, developer contributions, and Community Development Block Grants. Annual Reporting Information: 1. The purpose of the Childcare Impact Fee Program is to finance the creation of new childcare spaces in the City through construction of new childcare facilities or the expansion of existing facilities, in order to maintain current service levels considering the increased demand for childcare services caused by development in the City, and for new development to pay its fair and proportional share of such childcare spaces. 2. Refer to page 35 of this report for the fee schedule outlining the amount of the Childcare Impact Fee. 3. Refer to page 8 of this report for the beginning and ending balance of the account for the Childcare Impact Fee. 4. See page 8 of this report for the Childcare Impact Fees that have been collected, and interest earned. 5. Two projects were worked on during Fiscal Year 2023-24 using the Childcare Impact Fee funding. 6. There are no new projects planned for Fiscal Year 2024-25. 7. The approximate date for funding and constructing future facilities will be determined, at the discretion of the City Council, when adequate additional funds for facility construction have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund to property owners as available funds have been appropriated for on-going projects. 177 8 Childcare Impact Fee (Fund 830) This citywide development impact fee program funds new development’s fair share of new and expanded childcare facilities to serve the City. Beginning balance, July 1, 2023 $ 14,107,544 Additions Child Care Impact Fees $ 485,015 Interest Earned 414,263 Unrealized Gains/Losses 189,896 Total Additions $ 1,089,174 Disbursements % Fee Funded City Administration $ 3,652 100% West Orange Library Preschool Project (pf2301) 12,544 100% New Licensed Preschool Facility (pf2101) 23,573 100% Total Disbursements $ (39,769) Remaining balance as of June 30, 2024 $ 15,156,949 Projects Appropriated from prior Fiscal Years Design & construct new preschool facility (pf2101) $ 8,839,777 West Orange Library Preschool Project (pf2301) 3,987,456 $ (12,827,234) Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 2,329,715 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 665,458$ 642,118$ 7,215,136$ 699,180$ 1,089,174$ 2-Year Old funds 920,469 665,458 642,118 7,215,136 699,180 3-Year Old funds 1,295,310 920,469 665,458 642,118 7,215,136 4-Year Old funds 527,347 1,295,310 920,469 665,458 642,118 5-Year Old funds 387,646 527,347 1,295,310 920,469 665,458 Older than 5 Years old 2,388,979 2,737,625 3,162,673 3,965,183 4,845,883 Total Revenue Available 6,185,209$ 6,788,327$ 13,901,164$ 14,107,544$ 15,156,949$ Five-Year Revenue Test Using First In First Out Method 178 9 Commercial Linkage Fee Program The nexus study for this citywide impact fee program was adopted by the City Council in 2018 by Resolution 123-2018. The study justified the need to provide sufficient funding for affordable housing and established a nexus between the need for affordable housing and the impacts of commercial development within the City. The impact fee program supports the City of South San Francisco’s adopted 2023-2031 Housing Element, which includes the goal of promoting the provision of housing by both the private and public sectors for all income groups in the community. Annual Reporting Information: 1. The purpose of the Commercial Linkage Impact Fee program is to provide funding for sufficient affordable housing to achieve the city’s goal of providing a full range of affordable housing options to residents of the city, in accordance with the standards established in the general plan, housing element, and other applicable plans and regulations. Commercial development projects shall pay a commercial linkage fee in order to mitigate in the impacts of these development projects on affordable housing in the city. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the Commercial Linkage Impact Fee. 3. Refer to page 10 of this report for the beginning and ending balance of the account for the Commercial Linkage Impact Fee. 4. See page 10 of this report for Commercial Linkage Impact Fees that have been collected and interest earned. 5. There were purchases of properties during FY 2023-24 using the Commercial Linkage Impact Fee funding. 6. There are no new projects planned for FY 2024-25. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There were no potential refunds to property owners. 179 10 Commercial Linkage Impact Fee Program (Fund 823) The Commercial Linkage Fee (CLF) Ordinance (No. 1560-2018) was adopted by the City Council on August 22, 2018, establishing a fee on certain commercial development to generate local funding for affordable housing. Beginning balance, July 1, 2023 $ 15,028,386 Additions Commercial Linkage Impact Fees $ 6,616,930 Unrealized Gains/Losses 227,954 Interest Earned 501,581 Rent 19,072 Total Additions $ 7,365,536 Disbursements % Fee Funded Payroll $ 701 100% Professional Services and program 439,237 100% Purchase of 2230 Gellert Blvd #3105 729,031 100% Purchase of 226,232 & 240 Grand Ave 6,862,592 100% Total Disbursements $ (8,031,560) Remaining balance as of June 30, 2024 $ 14,362,362 Projects Appropriated from prior Fiscal Years Disposition of city-owned firehouse site at 201 Baden Ave and redevelopment of BMR units (1,025,000) Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 13,337,362 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 4,957,461$ 5,375,874$ 3,077,684$ 7,499,156$ 7,365,537$ 2-Year Old funds - 4,835,751 5,375,874 3,077,684 6,996,825 3-Year Old funds - - 460,542 4,451,546 4-Year Old funds - - - - 5-Year Old funds - - - - Older than 5 Years old - - - - - Total Revenue Available 4,957,461$ 10,211,625$ 8,914,100$ 15,028,386$ 14,362,362$ Five-Year Revenue Test Using First In First Out Method 180 11 Library Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1608- 2020 amended the Municipal Code to include Chapter 8.74 establishing the library impact fee. Based upon the City’s projected population increase and current per capita usage of facilities and collections materials, the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard. The study identified the need to better implement the goals of maintaining adequate service standards in the face of the increase in library service demands. The study estimates that the total projected cost associated with future residential and non-residential development through 2040 would be approximately $7.8 million. Annual Reporting Information: 1. The Library Impact Fee is collected to provide new development’s share of funding for additional library space and materials to maintain current library service standard. 2. Refer to page 34 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 12 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 12 of this report for fees collected and interest earned. 5. There were no projects worked on during FY 2023-24 using the Library Impact Fee. 6. There are no projects planned for FY 2024-25. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 181 12 Library Impact Fee (Fund 824) This citywide development impact fee program funds new development’s fair share for additional library space and materials to maintain current library service standard. Library Impact Fees for non- residential developments went into effect on November 23, 2020. Library Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2023 $ 4,309 Additions Library Impact Fee $ 38,361 Unrealized Gains/Losses 373 Interest Earned 895 Total Additions $ 39,629 Disbursements - Remaining balance as of June 30, 2024 $ 43,938 Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 43,938 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year -$ -$ 674$ 3,635$ 39,629$ 2-Year Old funds - - - 674 3,635 3-Year Old funds - - - - 674 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available -$ -$ 674$ 4,309$ 43,938$ Five-Year Revenue Test Using First In First Out Method 182 13 Park Construction Fee The nexus study for this impact fee program was adopted by the City Council in 2017. Ordinance 1520- 2016 amended the Municipal Code to include Chapter 8.67 adopting the parkland acquisition fee and park construction fee. The fee was further amended by ordinance in 2019 and the 2020 resolution updating the fee amounts. The purpose of the Park Construction Fee is to provide funding for the construction of park facilities and improvements. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan call for 3 acres of parkland and facilities per 1,000 new residents and ½ an acre of parkland and facilities per 1,000 new employees. The City incurs the costs of administering the fee program and preparing analyses and reports related to it. Annual Reporting Information: 1. The purpose of the Park Construction Fee fund is to provide new development’s share of funding developing new parks and recreation spaces and refurbishing and expanding existing park facilities to meet demand by new development at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 14 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 14 of this report for the number of fees collected and interest earned. 5. There were two projects that were worked on during FY 2023-24 using the Park Construction Fee. Refer to page 14 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There is one project planned for FY 2024-25 using the Park Construction Fee. 7. The approximate date for further funding and developing park land and recreation facilities will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There are no potential refunds to property owners as available funds have been appropriated for on-going projects. 183 14 Park Construction Fee (Fund 806) This citywide development impact fee program funds new development’s fair share for developing new park and recreation spaces. Beginning balance, July 1, 2023 $ 10,048,248 Additions Park Construction Fees $ 2,158,080 Unrealized Gains/Losses 144,140 Interest Earned 317,668 Total Additions $ 2,619,888 Disbursements % Fee Funded Orange Park Sport Field Renovation (pk1402) $ 525,532 96% Caltrain Station Enhancement (st1603) 120,000 24% Total Disbursements $ (645,532) Remaining balance as of June 30, 2024 $ 12,022,604 Projects Appropriated from prior Fiscal Years Linden Park Project (pk2305) $ 254,875 Orange Park Sports Field Renovation (pk1402) 193,410 Sellick Park Renovation Project (pk1803) 55,575 Buri Buri Field & Court Improvements (pk1804) 24,079 Avalon Parks Improvements pk (1805) 18,524 $ (546,463) Planned Projects for Fiscal Year 2024-25 - Pickleball Court Project (pk2501) (650,000) Remaining balance after planned projects $ 10,826,141 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 1,158,551$ 3,069,717$ 3,739,827$ 1,289,821$ 2,619,888$ 2-Year Old funds 1,116,514 1,158,551 3,069,717 3,739,827 1,289,821 3-Year Old funds - 1,116,514 1,158,551 3,069,717 3,739,827 4-Year Old funds - 946,817 1,158,551 3,069,717 5-Year Old funds - - - 790,332 1,158,551 Older than 5 Years old - - - - 144,800 Total Revenue Available 2,275,065$ 5,344,782$ 8,914,912$ 10,048,248$ 12,022,604$ Five-Year Revenue Test Using First In First Out Method 184 15 Park Land Acquisition Fee The City Council adopted the nexus study for this impact fee program in 2017. Ordinance 1520-2016 amended the Municipal Code to include Chapter 8.67, adopting the parkland acquisition fee and park construction fee to generate funding for parks in South San Francisco. The ordinance was amended again in 2019 and the 2020 resolution updated the fee amounts. The General Plan, the Parks and Recreation Master Plan, and the East of 101 Area Plan each lay out specific park requirements. The current need is three acres of park land per one thousand future residents and one half of an acre per one thousand new employees is the current need. This fee differs from the City’s Quimby Act fee in Section 19.24.040 et seq of the Municipal Code. The Quimby Act allows for the imposition of land dedication requirements and in-lieu fees for residential subdivisions. The Act does not apply to other types of residential development projects or commercial development projects. The Park Land Acquisition Fee is applied to residential and non-residential development projects to support the demands for parks and recreation spaces generated by new residents of residential development projects and new employees of non-residential development projects. The nexus study calculated the fee for park land acquisition based on the number of residents generated by each new type of residential unit and the number of employees per 1,000 square feet in non-residential development projects. The City adopted the Park Land Acquisition Fee under the authority of the Mitigation Fee Act. Annual Reporting Information: 1. The purpose of the Park Land Acquisition Fee fund is to provide new development’s share of funding for acquiring new parks and recreation spaces at a rate of 3 acres per 1,000 new residents in multifamily development projects and 0.5 acres per 1,000 new employees in commercial development projects. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 16 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 16 of this report for fees collected and interest earned. 5. Two projects utilized the Park Land Acquisition Fee fund in FY 2023-24. Refer to page 16 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are no new projects planned for FY 2024-25 using the Park Land Acquisition Fee. 7. The approximate date for funding and acquiring park land will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans and no potential refunds to property owners. 185 16 Park Land Acquisition Fee (Fund 805) This citywide development impact fee program funds new development’s fair share for acquiring new park and recreation spaces. Beginning balance, July 1, 2023 $ 3,295,863 Additions Park Land Acquisition Fee $ 6,250 Unrealized Gains/Losses 41,483 Interest Earned 89,882 Total Additions $ 137,615 Disbursements % Fee Funded Transit Village Park (pk2101) 398 100% Linden Park Project (pk2305) 313,056 100% Total Disbursements $ (313,454) Remaining balance as of June 30, 2024 $ 3,120,024 Projects Appropriated from prior Fiscal Years Transit Village Park (pk2101) $ - Linden Park Project (pk2305) 638,966 $ (638,966) Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 2,481,058 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 502,798$ 771,214$ 1,627,779$ 113,769$ 137,615$ 2-Year Old funds 311,271 502,798 771,214 1,627,779 113,769 3-Year Old funds 54,663 311,271 502,798 771,214 1,627,779 4-Year Old funds - 18,490 311,271 502,798 771,214 5-Year Old funds - - 17,010 280,303 469,647 Older than 5 Years old - - - - Total Revenue Available 868,732$ 1,603,773$ 3,230,072$ 3,295,863$ 3,120,024$ Five-Year Revenue Test Using First In First Out Method 186 17 Public Arts In-Lieu Fee In October 2020, the City Council passed ordinance number 1613-2020 creating the public art requirement. The City is dedicated to improving infrastructure, economic development, and cultural diversity through acquisition and exhibition of public art. The public art requirement applies to any new non-residential development project and that it requires such projects to contribute public art with a value of at least one percent (1%) the amount of construction costs. In lieu of contributing public art, the public art requirement will allow for the payment of an in-lieu fee into a public art fund at the value of half of one percent (0.5%) of the amount of construction costs. Annual Reporting Information: 1. The Public Arts In-Lieu Fee is collected to provide cultural and artistic art to enhance the quality of life for individuals living in, working in, and visiting the City. 2. Refer to page 36 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 18 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 18 of this report for fees collected and interest earned. 5. One project was worked on during FY 2023-24 using the Public Arts In-Lieu Fee. 6. There are plans to purchase various art sculptures in FY 2024-25. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 187 18 Public Arts In-Lieu Fee (Fund 827) This citywide in-lieu fee funds cultural diversity through acquisition and exhibition of public art in the City. Beginning balance, July 1, 2023 $ 142,886 Additions In-Lieu Fees $ 500,000 Unrealized Gains/Losses 5,843 Interest Earned 13,736 Total Additions $ 519,579 Disbursements % Fee Funded Caltrain Station Enhancements (st1603) 200,000 40% Total Disbursements (200,000) Remaining balance as of June 30, 2024 $ 462,465 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2024-25 Purchase of various art sculptures $ (120,000) Remaining balance after planned projects $ 342,465 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year -$ -$ -$ 142,886$ 462,465$ 2-Year Old funds - - - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available -$ -$ -$ 142,886$ 462,465$ Five-Year Revenue Test Using First In First Out Method 188 19 Public Safety Impact Fee Program The City Council adopted the nexus study for this citywide impact fee program in 2012. The study identified the need for new and expanded public safety capital facility and equipment to support new development projects. In August 2020, a new study analyzed the current relationship between new development in the City, the public safety equipment, vehicles, and facilities needed to serve that growth, and the estimated costs of those equipment and facilities, and to analyze new development’s fair share of public safety infrastructure costs. The City’s current ordinance governing the impact fees provide the City with the ability to increase impact fees annually based upon either a Consumer Price Index or Construction Cost Index. The fee program includes a 3.67% administrative fee. The study estimates that the City will incur approximately $110 million in costs to replace, upgrade, and expand public safety infrastructure through 2040. The study further estimates that the total projected cost associated with future residential and non-residential development during that time would be approximately $25.3 million. Other funding sources may include the City’s General Fund, grants, or developer contributions. Annual Reporting Information: 1. The purpose of the Public Safety Impact Fee is to finance the expansion, upgrading or relocation of police and fire stations, replacement of police and fire equipment and vehicles, and acquisition of addition equipment necessary to accommodate the increased demand for public safety services caused by future development in the City, and for new development to pay its fair and proportional share of such equipment, vehicles, and facilities. 2. Refer to page 37 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 20 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 20 of this report for fees collected and interest earned. 5. Two projects were worked on during FY 2023-24 using the Public Safety Impact Fee Fund. Refer to page 20 of this report for identification of public improvements on which fees were expended, the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are safety equipment purchases planned for FY 2024-25 using the Public Safety Impact Fee Fund. 7. The approximate date for further funding and constructing facilities and procuring future equipment identified in the nexus study will be determined when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 189 20 Public Safety Impact Fee (Fund 821) This citywide development impact fee program funds new development’s fair share of new and expanded capital facility and equipment to serve the City. Beginning balance, July 1, 2023 $ 2,083,802 Additions Impact Fees - Fire $ 274,761 Impact Fees - Police 204,948 Unrealized Gains/Losses 29,642 Interest Earned 65,324 Total Additions $ 574,675 Disbursements % Fee Funded Police Ops & 911 Dispatch Center (pf2208) $ 220,784 100% Training Tower maintenance (pf1704) 110,108 18% Operating Supplies 84,879 100% Total Disbursements $ (415,771) Remaining balance as of June 30, 2024 $ 2,242,706 Projects Appropriated from prior Fiscal Years Training Towner Maintenance (pf1704) $ 249,655 Fire Station 64 Dorm and Bath Remodel (pf1805) 17,473 Police Ops and 911 Dispatch Ctr (PSIF) (pf2208) 60,752 Rescue Boat & Reserve 92,000 (419,880) Planned Projects for Fiscal Year 2024-25 Purchase of 145 public safety portable radios and 65 mobile radios (400,000) Remaining balance after planned projects $ 1,422,826 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 479,419$ 246,467$ 1,681,422$ 448,120$ 574,675$ 2-Year Old funds 479,101 479,419 246,467 1,635,682 448,120 3-Year Old funds 438,152 479,101 479,419 - 1,219,911 4-Year Old funds - 294,400 107,229 - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available 1,396,672$ 1,499,387$ 2,514,537$ 2,083,802$ 2,242,706$ Five-Year Revenue Test Using First In First Out Method 190 21 Transportation Impact Fee Program The nexus study for this impact fee program was adopted by the City Council in 2020. Ordinance 1607- 2020 amended the Municipal Code to include Chapter 8.68 establishing the transportation impact fee. The nexus study identified the need for transportation improvements and facilities needed to serve the growth, and the estimated costs of those improvements and facilities. The nexus study has identified $160.8 million in transportation infrastructure improvements such as roads, sidewalks, traffic lights, bicycle lanes and pathways, curbs and gutters, and medians caused by new developments throughout the city. The City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with the new development by providing for the payment of the citywide Transportation Impact Fee. Annual Reporting Information: 1. The Transportation Impact Fee is collected to provide new development’s share of funding for new and expanded transportation capital facility and equipment required at build out of the City. 2. Refer to page 37 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 22 & 23 of this report for the beginning and ending balance for the account of this fee. 4. Refer to page 22 & 23 of this report for fees collected and interest earned. 5. Eleven projects were worked on during FY 2023-24 using the Transportation Impact Fee. Refer to page 22 & 23 of this report for identification of public improvement on which fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. 6. There are five projects planned for FY 2024-25. 7. The approximate date for funding and execution of projects will be determined, at the discretion of the City Council, when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners. 191 22 Transportation Impact Fee (Fund 825) This citywide development impact fee program funds new development’s fair share for transportation improvements and facilities needed to serve the City. Transportation Impact Fees for non-residential developments went into effect on November 23, 2020. Transportation Impact Fees for residential development went into effect on January 1, 2022. Beginning balance, July 1, 2023 $ 3,887,577 Additions Impact Fees $ 10,057,799 Unrealized Gains/Losses 132,898 Interest Earned 312,139 Total Additions $ 10,502,836 Disbursements % Fee Funded Bay Trail - Centennial Way Trail Gap Closure (tr2407) $ 284,932 100% Junipero Serra Westborough Corridor Feasibility Proj (st2301) 93,771 30% Traffic Signal Safety Improvement Project(tr2403) 93,236 100% Right of Way Infrastructure Assessment & Upgrades (tr2302) 78,983 100% Traffic Studies & Grant Support (tr2406) 47,720 100% Airport Blvd/Pedestrian Gap Closure Study(tr2401) 44,106 100% 2024 Street Surface Seal Project (st2402) 13,215 7% School St/Spruce Ave & Hillside Blvd Safety & Access Improvement Project (st2305) 8,743 100% El Camino Real Bike/Pedestrian Improvements (tr2402) 9,626 100% Street Improvement-Elm Court, Hillside Blvd, Park Way & Ponderosa Way (st2401) 7,004 100% Colma/SSF ECR Bicycle & Pedestrian Improvements (tr2415) 5,464 100% Total Disbursements $ (686,799) Remaining balance as of June 30, 2024 $ 13,703,614 Projects Appropriated from prior Fiscal Years Grand Avenue Off-Ramp Realignment (tr2201) 3,220,000 Signalized Intersection Battery Backup (tr2408) 2,000,000 School St/Spruce Ave & Hillside Blvd Improve Project (st2305) 1,031,258 Junipero Serra Westborough Corridor Feasibility Study (st2301) 57,130 Elm Crt, Hillside, Park & Ponderosa Improvement(st2401) 992,996 Oyster Pt & E. Grand Ave Corridor Improvement (tr1602) 927,029 2026 Street Surface Seal Project (st2402) 586,785 Traffic Signal Safety Improvement Project(tr2403) 406,764 Misc Traffic Improvements FY 2022-25 (tr2301) 300,000 Chestnut & Commercial Ave Intersection Improvement (tr2404) 300,000 El Camino Real Bike/Pedestrian Improvements (tr2402) 290,375 Airport Blvd/Pedestrian Gap Closure Study(tr2401) 255,894 Traffic Studies & Grant Support (tr2406) 252,280 El Camino Real @1st St To Centennial Trail Gap Closure (tr2413) 200,000 192 23 Adaptive Traffic Control System (tr1901) 100,000 East 101 Transit Shelter additions and upgrades(tr2203) 30,000 Spruce Ave Corridor Study-Bike/Pedestrian/Streets (tr2410) 100,000 Forbes Blvd Corridor Study-Bike/Pedestrian/Streets (tr2412) 99,000 Junipero Serra Class 4 Bike Lanes (tr2414) 50,000 Colma/SSF El Camino Real Bicycle & Pedestrian Improv (tr2415) 94,536 Bay Trail - Centennial Way Trail Gap Closure (tr2407) 16,068 Right of Way Infrastructure Assessment & Upgrades (tr2302) 1,017 $ (11,311,131) Planned Projects for Fiscal Year 2024-25 Chestnut Ave & Commercial Ave Intersection Improvement (tr2404) $ 1,500,000 Downtown Vision Zero Improvements (st2501) 400,000 Reconnecting Communities - Hwy to Blvd (st2504) 200,000 Vision Zero (tr2501) 100,000 Junipero Serra Blvd Buffered Bike Lane (tr2502) 50,000 $ (2,250,000) Remaining balance after planned projects $ 142,483 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year -$ 1,962,343$ 1,928,514$ 50,818$ 10,502,836$ 2-Year Old funds - - 1,962,343 1,928,514 50,818 3-Year Old funds - - - 1,908,245 1,928,514 4-Year Old funds - - - - 1,221,446 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available -$ 1,962,343$ 3,890,857$ 3,887,577$ 13,703,614$ Five-Year Revenue Test Using First In First Out Method 193 24 Oyster Point Interchange Impact Fee Program The City Council adopted this plan area fee program on May 23, 1984, using a February 1983 Feasibility Study prepared by Nolte and Associates in conjunction with Resolution No. 71-84 which created the “Oyster Point Contribution Formula.” The 1983 Feasibility Study identified the need for the Oyster Point Interchange project, which was, at that time, referred to as the grade separation project. Updates to the fee program since 1984 include the following: 1. An ongoing inflation adjustment. 2. June 26, 1996, fee program changes via Resolution No. 102-96 included adjustments for: a. the inflationary index that reduced the fee by approximately 22%, b. the project description which increased the scope of the project to include the Terrabay hook ramps and the southbound off-ramp flyover, and the use of more current trip generation rates. 3. October 9, 1996 fee program change via Resolution No. 152-96 that added additional land uses with their associated trip generation rates. The Feasibility Study identified new development’s share of the grade separation project cost at 64.8% and existing development’s share of the cost at 35.2%. The grade separation was completed and funded in 1995 and is not part of this annual report. The increased scope portion of the project, added in 1996, was identified as being 100% the responsibility of new development. Of this additional scope, the flyover, estimated to cost $6.4 million, was completed in 2005, and the hook ramps, estimated to cost $15 million, were completed in October 2006. Additional work relating to property transfers and gaining final Caltrans project acceptance is ongoing. Annual Reporting Information 1. The purpose of the Oyster Point Interchange Impact Fee Program is to provide new development’s share of funding for this project required at build-out of the plan area. 2. Refer to page 26 of this report for the beginning and ending balance of the account for this fee. 3. Refer to page 26 of this report for fees collected and interest earned. 4. The reasonable relationship between the Oyster Point interchange impact fee and the purpose for which it is charged is demonstrated in the 1983 Feasibility Study by Nolte and Associates, and in the fee program updates in Resolution No. 102-96 and Resolution No. 152-96. As of June 30, 2024, there continues to be a need for Oyster Point Interchange Impact fees due to further developments in that area of South San Francisco. 5. The sources and amounts of funding anticipated for Oyster Point Interchange projects can be found in the updates adopted via Resolution No. 102-96 and Resolution No. 152-96. Additional working relating to property transfers and gaining final Caltrans project acceptance is ongoing. 194 25 6. Buildout in the Oyster Point Interchange area is ongoing due to further developments in South San Francisco. The City’s buildout is assumed to occur over a 20-year period, which is consistent with the General Plan. 7. No projects were worked on during FY 2023-24 using the Oyster Point Interchange Impact Fees funds. 8. There are currently no planned projects for Oyster Point Interchange Impact fees for FY 2024- 25. 9. The fund has one loan from the former Redevelopment Agency. Please refer to page 26 of this report. The amount owed as of June 30, 2024, is approximately $1.16 million. Since the dissolution of the Redevelopment Agency in 2012, the interest rate charged by the Successor Agency is 0%. The loan is repaid as new impact fee revenue is received. Given that the amount of future impact fee revenue is unknown, the repayment date is unknown. There were no other interfund transfers or loans. 10. There are no potential refunds of Oyster Point Interchange Impact Fees to property owners. 11. Refer to page 38 of this report for the fee schedule outlining the amount of the Oyster Point Interchange Impact Fee. 195 26 Oyster Point Interchange Impact Fee (Fund 840) This plan area development impact fee program funds new development’s fair share of the Oyster Point Interchange project. Beginning balance, July 1, 2023 $ 36,771 Additions Impact Fees $ 884,195 Unrealized Gains/Losses 5,573 Interest Earned 13,513 Total Additions $ 903,281 Disbursements Repayment of RDA Loan $ 884,000 Total Disbursements $ (884,000) Remaining balance as of June 30, 2024 $ 56,052 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 56,052 Loans to Oyster Point Interchange Fee Fund from Successor Agency to RDA Due Date and Interest Rate Outstanding Balance as of July 1, 2023 $ 2,050,152 None & 0% Less: Payment during FY 2023-24 (884,000) Outstanding Balance as of June 30, 2024 $ 1,166,152 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 78,634$ 75$ 29,836$ 36,771$ 56,052$ 2-Year Old funds - 38,634 - - 3-Year Old funds - - - - - 4-Year Old funds - - - - - 5-Year Old funds - - - - - Older than 5 Years old - - - - - Total Revenue Available 78,634$ 38,709$ 29,836$ 36,771$ 56,052$ Five-Year Revenue Test Using First In First Out Method 196 27 East of 101 Sewer Impact Fee Program The 2002 nexus study for this fee was adopted by the City Council in 2002. The study identified the need for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City of South San Francisco. This fee program also includes an annual inflation adjustment. The estimated cost of the 20 new and expanded sewer projects included in the study totaled $21.4 million. The study identified new development’s share of the cost of the required facilities at $15.5 million (72.4% of the total new and expanded facilities cost) while existing development’s share of the cost (existing deficiency) is $5.9 million (27.6% of new facilities). New development’s share of the cost, $15.5 million, was increased to include some master planning costs ($425,000) and some CEQA reviewing costs ($600,000) for a total cost to new development of $16,425,000. Of that amount, $12,429,000 was to be sewer impact fee funded and $4,066,000 was to be funded directly by developer contributions. Of the twenty total projects listed in the nexus study, eleven projects are either fully or partially funded with the sewer impact fee funds, four are existing development’s responsibility, four are to be funded by developer contributions, and one is to be funded with a combination of developer contributions and revenues from existing development. Existing development’s share will be funded with the sewer charges appearing on property tax bills as a direct levy. Annual Reporting Information 1. The purpose of the Sewer Impact Fee Program is to provide new development’s share of funding for new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 at build-out of the plan area. 2. Refer to page 38 of this report for the fee schedule outlining the amount of the fee. 3. Refer to page 28 of this report for the beginning and ending balance of the account for this fee. 4. Refer to page 28 of this report for fees collected, and interest earned. 5. One project was worked on during FY 2023-24 using the Sewer Impact Fee. 6. There is one project planned for FY 2024-25. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There is no potential refund of Sewer Impact Fees to property owners as available funds have been appropriated for on-going and future projects. 197 28 East of 101 Sewer Impact Fee (Fund 810) This plan area development impact fee program funds new development's fair share of new and rehabilitated sewer collection and treatment facilities to serve the area located east of US 101 in the City. Beginning balance, July 1, 2023 $ 5,275,564 Additions Impact Fees $ 861,755 Unrealized Gains/Losses 73,046 Interest Earned 160,684 Total Additions $ 1,095,485 Disbursements % Fee Funded City Administration $ 3,652 100% Sewer Master Plan (ss1801) 4,327 26% Total Disbursements (7,979) Remaining balance as of June 30, 2024 $ 6,363,070 Projects Appropriated from prior Fiscal Years Oyster Point Sewer Upsize Project (ss2401) $ 100,000 Sewer Master Plan (ss1801) 140,673 $ (240,673) Planned Projects for Fiscal Year 2024-25 Oyster Point Sewer Upsize Project (ss2401) $ 6,000,000 $ (6,000,000) Remaining balance after planned projects $ 122,397 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 1,491,477$ 452,369$ 839,146$ 405,557$ 1,095,485$ 2-Year Old funds 1,881,711 1,491,447 452,369 839,146 405,557 3-Year Old funds 2,034,651 1,881,711 1,491,447 452,369 839,146 4-Year Old funds - 318,752 1,881,711 1,491,447 452,369 5-Year Old funds - - 208,133 1,881,711 1,491,447 Older than 5 Years old - - - 205,334 2,079,066 Total Revenue Available 5,407,839$ 4,144,279$ 4,872,806$ 5,275,564$ 6,363,070$ Five-Year Revenue Test Using First In First Out Method 198 29 East of 101 Traffic Impact Fee Program The 2001 nexus study for this plan area fee was adopted by the City Council in 2002. The study identified the need for new and expanded roadway and intersection improvements to serve the area located east of US 101 in the City of South San Francisco. The study was updated on May 6, 2005, and on July 19, 2007. This fee program includes an annual inflation adjustment and a 2.5% administrative fee. The estimated cost of the new and expanded facilities included in the 2007 study totaled $38.5 million ($32.4 million in net cost after accounting for fees already received). There are 26 road improvements listed in the 2007 study and two studies for a total of 28 projects. The study determined that new development would be responsible for 100% of the cost of the 28 projects. The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. Annual Reporting Information 1. The purpose of the Traffic Impact Fee Program is to provide new development’s share of funding for new and expanded roadway and intersection improvements to serve the area located east of US 101 at build-out of the plan area. 2. See page 38 of this report for the fee schedule outlining the amount of the fee. 3. See page 30 & 31 of this report for beginning and ending balance of the account for this fee. 4. See page 30 & 31 of this report for fees collected and interest earned. 5. Eight projects were worked on during FY 2023-24 using the Traffic Impact Fee. 6. One project is planned for FY 2024-25. 7. The approximate date for further funding will be determined at the direction of the City Council when adequate additional funds have accumulated. 8. There were no interfund transfers or loans. 9. There are no potential refunds to property owners as available funds have been appropriated for on-going projects. 199 30 East of 101 Traffic Impact Fee (Fund 820) This plan area development impact fee program funds new development's fair share of new and expanded roadway and intersection improvements east of US 101 to serve the City of South San Francisco. Beginning balance, July 1, 2023 $ 17,525,894 Additions Impact Fees $ 831,641 Unrealized Gains/Losses 223,650 Interest Earned 482,707 Total Additions $ 1,537,998 Disbursements % Fee Funded City Administration $ 3,652 100% Hillside and Lincoln Traffic Signal (tr1906) (337,113) n/a SSF Shoreline Protection & Connectivity (sd2402) 2,403 100% Grand Avenue Streetscape (st1801) 2,477,189 100% Station to East Grand Bike Gap Closure (st2003) 215 100% Oyster Pt & E. Grand Corridor Improvement (tr1602) 67,665 100% Adaptive Traffic Control System (tr1901) 110,713 100% Hillside and Lincoln Traffic Signal (tr1906) 474,952 88% Utah and Harbor Intersection Improvement (tr2101) 10,485 100% East 101 Transit Shelter upgrades (tr2203) 134,039 22% Total Disbursements $ (2,944,199) Remaining balance as of June 30, 2024 $ 16,119,693 Projects Appropriated from prior Fiscal Years Colma Creek Oak Ave Pedestrian Bridge (sd2202) $ 197,516 SSF Shoreline Protection & Connectivity (sd2402) 27,597 Grand Ave Streetscape (st1801) 692,626 Station to East Grand Bike Gap Closure (st2003) 26,671 South Airport Blvd Improvement Project (st2004) 33,376 South Airport Blvd/Utah Ave (tr1010) 245,243 Grand/East Grand (TIF#26) (tr1103) 254,631 US-101 Produce Ave Interchange (TIF#39) (tr1404) 2,890,000 Oyster Pt & East Grand Corridor Improvement (tr1602) 2,109,159 Adaptive Traffic Control System (tr1901) 1,603,421 East of 101 Traffic Signal IDEA Grant (tr1902) 129,383 Hillside and Lincoln Traffic Signal (tr1906) 187,134 Utah and Harbor Intersection Improvement (tr2101) 2,565,601 DNA way and Allerton Ave at E Grand Signal (tr2102) 63,014 East of 101 Bicycle Safety Improvement (tr2104) 15,140 East 101 Transit Shelter & Bulb Turnout-MTC (tr2203) 254,213 $ (11,294,724) Planned Projects for Fiscal Year 2024-25 SSF Shoreline Protection & Connectivity (sd2402) 200,000 $ (200,000) Remaining balance after planned projects $ 4,624,969 200 31 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 5,058,500$ 44,230$ 4,275,208$ 1,238,554$ 1,537,998$ 2-Year Old funds 8,837,963 5,058,500 44,230 4,275,208 1,238,554 3-Year Old funds 5,716,072 8,837,963 5,058,500 44,230 4,275,208 4-Year Old funds 119,374 5,716,072 8,837,963 5,058,500 44,230 5-Year Old funds 1,745,975 119,374 2,654,799 6,909,402 5,058,500 Older than 5 Years old 3,537,862 2,751,828 - - 3,965,203 Total Revenue Available 25,015,746$ 22,527,967$ 20,870,700$ 17,525,894$ 16,119,693$ Five-Year Revenue Test Using First In First Out Method 201 32 Sewer Capacity Charge Program The original analysis was adopted by the City Council in 2000 and annual updates included a preset adjustment to the charges based on borrowing costs. The most current Sewer Capacity Charge Analysis by Bartle Wells & Associates is dated August 26, 2009 and was adopted by the City Council in April of 2010 to be effective in Fiscal Year 2010-11. This analysis identifies the need for sewer collection and treatment capacity in the City of South San Francisco. There are two components to the Sewer Capacity Charge: the capital assets valuation charge and the capital improvements charge. The capital assets charge accounts for the existing value of the sewer collection and treatment system which is calculated using the depreciated replacement cost of the system’s assets. The capital assets charge (also called a “buy-in” fee) assigns a value to the benefit that new development receives from the availability of sewer capacity (which existing development has maintained over the years through the sewer rates). The total depreciated replacement value is $161.6 million, of which 37.2 percent is new development’s fair-share, or $60.1 million. The second component is the charge for future improvements to the system identified in the City’s Capital Improvement Program. The total cost of these future improvements is $84.6 million, the fair-share allocation to new development is 37.2 percent of that amount, or $29.8 million. The total fair-share is $90 million. These funds may be used for capital improvements to maintain capacity in the system. Annual Reporting Information: 1. Refer to page 33 of this report for the beginning and ending balance of the account for the sewer capacity fund, the amount of charges collected, and the interest earned from investment of money in the fund. 2. No projects were worked on during FY 2023-24 using the sewer capacity charge program. 3. There are no projects planned for FY 2024-25. 4. The sewer capacity charges do not exceed the estimated reasonable costs of providing the facilities for which the fee is charged (see Cal. Gov. Code § 66013, subd. (a)). 5. The sewer capacity charge’s accounting and reporting requirements are being met, i.e., the revenues are kept in a separate fund and the City provides annual reports on the use of the funds collected (see Cal. Gov. Code §§ 66013, subds. (c) and (d)). 6. There were not any interfund transfers or loans. 7. There is no potential refund to property owners as available funds have been appropriated for future projects. 202 33 Sewer Capacity Charges (Fund 730) This fee program funds the cost associated with providing collection and treatment capacity to new development, both through the existing infrastructure provided, and through future capital projects not funded by other sources. Beginning balance, July 1, 2023 $ 11,635,207 Additions Impact Fees $ 1,453,256 Unrealized Gains/Losses 163,571 Interest Earned 359,265 Total Additions $ 1,976,092 Disbursements % Fee Funded City Administration $ 3,652 100% Total Disbursements $ (3,652) Remaining balance as of June 30, 2024 $ 13,607,647 Projects Appropriated from prior Fiscal Years - Planned Projects for Fiscal Year 2024-25 - Remaining balance after planned projects $ 13,607,647 Revenue Available FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Current Fiscal Year 2,297,395$ 1,916,350$ 2,832,407$ 1,229,343$ 1,976,092$ 2-Year Old funds 3,187,257 2,297,395 1,916,350 2,832,407 1,229,343 3-Year Old funds 2,665,095 3,512,384 2,297,395 1,916,350 2,832,407 4-Year Old funds - - 3,362,512 2,297,395 1,916,350 5-Year Old funds - - - 3,359,712 2,297,395 Older than 5 Years old - - - - 3,356,060 Total Revenue Available 8,149,747$ 7,726,129$ 10,408,664$ 11,635,207$ 13,607,647$ Five-Year Revenue Test Using First In First Out Method 203 34 Bicycle and Pedestrian Impact Fee for Fiscal Year 2023-24 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $243 per unit Multi-Family $170 per unit Mobile Home $127 per unit Commercial/Industrial Commercial / Retail $.36 per SQFT Hotel / Visitor Services $.24 / visitor SF Office / R&D $.09 per SQFT Industrial $.12 per SQFT Commercial Linkage Impact Fee Rates for Fiscal Year 2023-24 Gross Square Feet Commercial Floor Area Minus Existing Floor Area × Current Fee Amount for Applicable Land use Category where the Land Use Fee is: $5.80 per sf for hotel $2.90 per sf for restaurant and retail $17.38 per sf for office and R&D Library Impact Fee Rates for Fiscal Year 2023-24 Land Use Cost per Unit or 1,000 Square Feet (SQFT) Residential Up to 8 du / ac $828.68 per unit 8.1-18 du / ac $725.39 per unit 18 + du / ac $617.30 per unit Commercial/Industrial Commercial / Retail $.08 per SQFT Hotel / Visitor Services $.04 / visitor SF Office / R&D $.14 per SQFT Industrial $.05 per SQFT 204 35 Childcare Impact Fee Rates for Fiscal Year 2023-24 Land Use per Unit or per Gross Sq. Ft. (GSF) Residential Up to 8 du / ac $4,139.91 per unit 8.1-18 du / ac $3,625.54 per unit 18 + du / ac $3,086.51 per unit Residential – Applications Deemed Complete before 1/1/2022 Up to 8 du / ac $2,365.50 8.1-18 du / ac $2,220.87 18 + du / ac $2,212.51 Commercial/Industrial Commercial / Retail $0.81 per GSF Hotel / Visitor Services $0.30 per GSF Office / R&D $1.51 per GSF Industrial $0.52 per GSF 205 36 Park Land Acquisition Fee for Fiscal Year 2023-24 Land Use per Unit Residential Single-Family $3,124.80 per unit Duplex to Four-plex $2,699.55 per unit 5 to 19 $2,292.15 per unit 20 to 49 $1,846.95 per unit 50+ $1,611.75 per unit Mobile Home $2,400.30 per unit Park Construction Fee for Fiscal Year 2023-24 Land Use per Unit Residential Single-Family $31,254.78 per unit Duplex to Four-plex $26,997.11 per unit 5 to 19 $22,919.93 per unit 20 to 49 $18,481.77 per unit 50+ Mobile Home $16,125.83 per unit $24,007.66 per unit Park Land Acquisition/Construction Fee for Non-Residential for Fiscal Year 2023-24 Commercial/Industrial Commercial / Retail $1.51 per SQFT Hotel / Visitor Services $1.44 per SQFT Office / R&D $3.54 per SQFT Industrial $1.68 per SQFT Public Arts Fees Fiscal Year 2023-24 Every non-residential development project shall provide qualifying public art with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the development site. A non-residential development project may elect to pay an in-lieu fee in an amount not less than 0.5% of construction costs into the public art fund, in lieu of acquisition and installation of public art on the development project site. The in-lieu fee is due prior to the issuance of first building permit. 206 37 Public Safety Impact Fee Rates for Fiscal Year 2023-24 Land Use per Unit or per Square Foot (SF) Residential Up to 8 du / ac $1,657.88 per unit 8.1-18 du / ac $1,451.10 per unit 18 + du / ac $1,234.75 per unit Commercial/Industrial Commercial / Retail $0.53 per SF Hotel / Visitor $0.31 per SF Office / R&D $1.31 per SF Industrial $0.48 per SF Transportation Impact Fee for Fiscal Year 2023-24 Land Use per Unit or 1,000 Square Feet (SQFT) Residential Single-Family $8,176.98 per unit Multi-Family $4,712.12 per unit Commercial/Industrial Commercial / Retail Office/ R&D Industrial $30.93/ SQFT $35.46/ SQFT $16.00/ SQFT Hotel $2,980.58/ room 207 38 Oyster Point Interchange Impact Fee Rates for Fiscal Year 2023-24 The impact fee is calculated by multiplying the number of vehicle trips by $154 and by the percentage increase in the Construction Cost Index (CCI) as published in the Engineering News-Record (ENR) from the date of adoption, when the CCI was 6,552.16, to the current effective CCI. Vehicle Trips are based on average daily traffic (ADT). The rates shown below are based on 1,000 gross square feet of land use. The ENR CCI published in May is used to calculate monthly increases. The CCI for May 2022 and 2023 were 15,326.99 and 15,595.35, respectively, resulting in a percentage increase of 1.75% Land Use ADT Trip Rate per 1,000 GSF General Industrial 5.46 Manufacturing 3.99 Warehousing 4.50 Hotel 10.50 General Office Building 12.30 Research & Development (R&D) 5.30 Restaurant (Dinner House/High Turn-over) 56.30 / 164.40 General Commercial 48 OPI Impact Fee: = (Development Area, SF /1000 SF) x ($154.00) x (Monthly ENR-CCI) / (6,552.16) Sewer Impact Fee Rates for Fiscal Year 2023-24 The generation rate for all land use is 400 gallons per day per 1,000 square feet of building area. New Sewer Impact Fee = ($6.40/Gallon) x (1.018) = ($6.51/Gallon) Traffic Impact Fee Rates for Fiscal Year 2023-24 (East of 101*) Area of Building x Land Use Fee where the Land Use Fee is: R&D/office = $7.73 per building sq. ft. Hotel = $1,802.92 per room Commercial/retail = $32.10 per building sq. ft. * The East of 101 Traffic Impact Fee has been superseded by the Citywide Transportation Impact Fee; however, this fee is still in use for projects that received entitlements and are vested prior to November 22, 2020. Therefore, this impact fee will continue to receive annual adjustments along with the other fees. 208 39 Sewer Capacity Charge for Fiscal Year 2023-24 The fee is updated each calendar year. The fee is currently $5,952 per EDU. An EDU, or Equivalent Dwelling Unit, is the amount and strength of sewage equivalent to that discharged by a single-family residence. EDU = (0.00347 x Q) + (0.362 x BOD) + (0.589 x TSS). Q = gallons per day of sewage to be discharged; BOD = pounds per day of biochemical oxygen demand to be discharged; TSS = pounds per day of total suspended solids to be discharged. 209 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1155 Agenda Date:12/11/2024 Version:1 Item #:12. Report regarding a resolution authorizing the filing of an application for the Metropolitan Transportation Commission (MTC)Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415)(Audriana Hossfeld, Senior Civil Engineer) RECOMMENDATION City staff recommends that the City Council adopt a resolution approving an application to the Metropolitan Transportation Commission (MTC)Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415). BACKGROUND/DISCUSSION The Town of Colma proposes to design and construct bicycle and pedestrian improvements along El Camino Real.In October 2023,Colma reached out to South San Francisco to request partnership to extend this project into South San Francisco. The precise Project limits include Albert M Teglia Boulevard at the northerly end and Hickey Boulevard at the southerly end. The project area is divided into three segments: ·Segment A from Albert M. Teglia Boulevard to Mission Road in the Town of Colma; ·Segment B from Mission Road to Arlington Drive in the Town of Colma; and ·Segment C from Arlington Drive to Hickey Boulevard in the City of South San Francisco (Attachment 1). The Project proposes to install Class IV bike lanes,landscaping,and sidewalks along Segment A,Class IV bike lanes and sidewalk along Segment B,and a Class I multi-use path along Segment C (Attachment 2).Two new signalized intersections and bus stop improvements are also proposed. To facilitate the build out of MTC’s 3,244-mile Active Transportation Network (Network),design assistance is available to local jurisdictions for active transportation projects located on the Network.El Camino Real is included in the Network.MTC is seeking to award technical assistance to conceptual projects that incorporate All Ages and Abilities design principles,advancing design to the point that they are ready to move to construction.The maximum grant amount is $300,000.Applications are due December 20th,2024,and grant results are expected to be released in Spring 2025. FISCAL IMPACT The MTC Active Transportation Capital Design Technical Assistance Grant does not require a local match. 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. City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™210 File #:24-1155 Agenda Date:12/11/2024 Version:1 Item #:12. CONCLUSION City staff recommends that the City Council adopt a resolution approving an application to the Metropolitan Transportation Commission (MTC)Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415). City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™211 ATTACHMENT 1 212 RETAINING WALL 10' CLASS [ !AUL Tl-USE PATH ,_ 0 F ' I I ' I ' ', I -, 5' ETII' ANDSCAl'E & UTILITIES 12.5' TRAVEL LANE ◊ RELOCATED UTILITY POLE 58' 10' TRAVEL LAN[ ◊ I " ; ii Off I�,: t---------.. ·-------.------------------ 10' TRAVEL LAN[ 0 10.5' TRAVEL LAIIE 0 Er� d '-] -----------------·---' •, I .. ,. � ATTACHMENT 2 213 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1156 Agenda Date:12/11/2024 Version:1 Item #:12a. Resolution authorizing the filing of an application for the Metropolitan Transportation Commission (MTC) Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415). WHEREAS,the Town of Colma proposes to design and construct bicycle and pedestrian improvements along El Camino Real.In October 2023,Colma reached out to South San Francisco to request partnership to extend this project into South San Francisco; and WHEREAS,Segment C of the project is from Arlington Drive to Hickey Boulevard in the City of South San Francisco; and WHEREAS, the Project proposes to install a Class I multi-use path along Segment C; and WHEREAS,to facilitate the build out of MTC’s 3,244-mile Active Transportation Network,design assistance is available to local jurisdictions for active transportation projects located on the Network; and WHEREAS,staff requests the City Council approve an application for the Metropolitan Transportation Commission (MTC)Active Transportation Capital Design Technical Assistance Grant for $300,000 for the Colma South San Francisco El Camino Real Bike and Pedestrian Improvements Project (tr2415); and WHEREAS, there is no local match required. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby authorizes an application to the MTC Active Transportation Capital Design Technical Assistance Grant. 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 including grant execution if awarded. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™214 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1129 Agenda Date:12/11/2024 Version:1 Item #:13. Report regarding a resolution accepting $30,000 from Genentech,Inc to support the Library’s Summer Learning Challenge 2025,amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.028. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting $30,000 from Genentech,Inc.to support the Library’s Summer Learning Challenge 2025,amending the Library Department’s Fiscal Year 2024-25 (FY 2024-25) Operating Budget and approving Budget Amendment Number 25.028. BACKGROUND/DISCUSSION The Library has been awarded $30,000 from Genentech,Inc.to support the Library’s Summer Learning Challenge (SLC)2025.From 2013 through 2024,the Library received SLC grants from the County of San Mateo through Measure A and Measure K countywide sales tax funds.The County has not designated Measure K funds to support SLC 2025.Genentech,Inc.,as part of their Community Giving Priority,has partnered with the Library in awarding $30,000 to fund Summer 2025 free book distributions and programming.The purpose of summer learning programs is to address summer learning loss among children and teens by focusing on increasing summer reading participation,advancing literacy and academic performance by engaging children, teens,and families in reading and enrichment activities,and promoting library use.This funding will be used to fund free book giveaways for children and teens as well as special programs and hands-on STEM activities. Free books,in Chinese,English,Spanish,and Tagalog will be distributed in the Library,at South San Francisco Unified School District schools,Parks and Recreation licensed preschools,as well as at other programs and events to be scheduled from May through August 2025. FISCAL IMPACT Funds will be used to amend the Library Department’s current FY 2024-25 Operating Budget.Funds not expended in FY 2024-25 will be carried over into Fiscal Year 2025-26.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Strengthening of learning programs is an action item in the City’s Strategic Plan under Priority #2:Quality of Life.This funding will allow the Library to encourage and support reading and learning during the summer City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™215 File #:24-1129 Agenda Date:12/11/2024 Version:1 Item #:13. break. CONCLUSION Receipt of these funds will enable the Library to enhance summer programs and support learning and reading for children and teens.It is recommended that the City Council accept $30,000 from Genentech,Inc.to support the Library’s Summer Learning Challenge and amend the Library Department’s FY 2024-25 Operating Budget pursuant to Budget Amendment Number 25.028. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™216 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1144 Agenda Date:12/11/2024 Version:1 Item #:13a. Resolution authorizing the acceptance of $30,000 from Genentech, Inc. to support the Library’s Summer Learning Challenge 2025, amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.028. WHEREAS, the purpose of summer learning programs is to address summer learning loss among children and teens by focusing on increasing summer reading participation, advancing literacy, and academic performance by engaging children, teens, and families in reading and enrichment activities, and promoting library use; and WHEREAS, Genentech, Inc., as part of their Community Giving Priority, has partnered with the Library in awarding $30,000 to fund Summer 2025 free book distributions and programming; and WHEREAS, strengthening of learning programs is an action item in the City’s Strategic Plan under Priority #2: Quality of Life; and WHEREAS, free books will be available in Chinese, English, Spanish, and Tagalog for distribution in the Library, schools within the South San Francisco Unified School District, Parks and Recreation preschools, as well as at other programs and events to be scheduled this summer; and WHEREAS staff recommends the acceptance of the grant in the amount of $30,000 to support the 2025 Summer Learning Challenge; and WHEREAS, the funds will be used to amend the current Fiscal Year 2024-25 operating budget of the Library Department via Budget Amendment Number 25.028; and WHEREAS, funds not expended in fiscal year 2024-2025 will be carried over into fiscal year 2025-26, and receipt of these funds does not commit the City to ongoing funding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $30,000 from Genentech, Inc. to support the Library’s Summer Learning Challenge 2025. BE IT FURTHER RESOLVED, that the City Council approves Budget Amendment Number 25.028 to amend the Library Department’s 2024-2025 Operating Budget. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute the documents necessary to accept the funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™217 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1197 Agenda Date:12/11/2024 Version:1 Item #:14. Report regarding adoption of an ordinance amending Chapter 2.85 of the South San Francisco Municipal Code to clarify the protocol for filling vacancies on the Equity and Public Safety Commission.(Schuyler Schwartz, Assistant City Attorney) RECOMMENDATION Waive reading and adopt an ordinance amending Chapter 2.85 of the South San Francisco Municipal Code to clarify the protocol for filling vacancies on the Equity and Public Safety Commission. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance: The current City Municipal Code Chapter 2.85 created the Commission on Equity and Public Safety.Each member of the City Council appoints one member of the Commission,not necessarily from their District.There are also two at-large members and one alternate appointed by the Council as a whole.Vacancies on the Equity and Public Safety Commission could be filled either by the alternate or by appointment by a City Council member. The structure of the vacancy protocol may not reflect City Council’s intent for filling vacancies. The City Council introduced the ordinance to address the ambiguity by clarifying that a member of Council who appointed a member of the Commission would fill a vacancy in that position,and the alternate would automatically fill a vacancy in one of the at-large positions on the Commission.In the case of the latter,there would then be a recruitment to fill the alternate position. (Introduced on November 13, 2024; vote 5-0) This ordinance is now ready for adoption. FISCAL IMPACT There is no fiscal impact associated with this recommendation. CONCLUSION It is recommended that City Council consider waiving reading and adopting an ordinance amending Chapter 2.85 of the Municipal Code on the vacancy appointment protocol for the Equity and Public Safety Commission. City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™218 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1198 Agenda Date:12/11/2024 Version:1 Item #:14a. Ordinance amending Chapter 2.85 of the South San Francisco Municipal Code for vacancy appointments for the Equity and Public Safety Commission. WHEREAS, Chapter 2.85.020 established that vacancies on the Equity and Public Safety Commission could be filled either by the alternate or by appointment by a City Council member; and WHEREAS, this amendment clarifies the vacancy protocol to reflect City Council’s intent for the appointment structure of the Commission on Equity and Public Safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1.Findings The foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment of Chapters 2.85 of the South San Francisco Municipal Code The specified section of Chapter 2.85 of the South San Francisco Municipal Code is hereby amended as set forth below (with text in strikeout indicating deletion and underlined text indicating addition): 2.85.030 Limitation of Terms- Vacancies. Commission members shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing commission member shall be counted. Upon serving the maximum number of consecutive terms, a commission member shall not be eligible for re- appointment to the commission for a period of two years. If a vacancy occurs on the commission in one of the seats held by a member appointed by a majority of the city council, the alternate shall serve the remaining unexpired term of the former incumbent. If an additional vacancy occurs in a seat held by a member appointed by an individual member of the city council,the that member of the city council shall appoint an individual to serve the remaining unexpired term. SECTION 3.Compliance with the California Environmental Quality Act. The approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required. SECTION 4.Severability. City of South San Francisco Printed on 12/5/2024Page 1 of 2 powered by Legistar™219 File #:24-1198 Agenda Date:12/11/2024 Version:1 Item #:14a. 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 5. 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 12/5/2024Page 2 of 2 powered by Legistar™220 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-644 Agenda Date:12/11/2024 Version:1 Item #:15. Report regarding a resolution approving a lease agreement with Bar Antz,LLC (DBA Bitters &Bottles)for the commercial space, kitchen, and rear garage at 240 Grand Avenue.(Katie Donner, Management Analyst I) RECOMMENDATION Staff recommends City Council adopt a resolution approving a lease agreement with Bar Antz,LLC,a California Limited Liability Company doing business as Bitters &Bottles,for the commercial space,kitchen, and rear garage at 240 Grand Avenue. BACKGROUND In May 2024,the City acquired three properties in the Downtown:226-230 Grand Avenue,232-238 Grand Avenue,and 240-246 Grand Avenue.As part of these purchases,the City acquired six new commercial tenants, one of them being Bitters & Bottles. Bitters &Bottles opened in 2013 at 240 Grand Avenue as a new kind of bottle shop,one dedicated exclusively to craft spirits and cocktail supplies.First time shopkeepers Joe &Meredith were drawn to South San Francisco’s historical downtown of small and independent businesses,its proximity to San Francisco and the Peninsula,and the concentration of people working in the area.After spending decades as a mothballed space, the interior of the commercial space at 240 Grand Avenue was demolished and rebuilt carefully,preserving the building’s original character and refreshing the interior with a modern update.Bitters &Bottles attracts customers from throughout the region to its retail shop here in South San Francisco and boasts a substantial online business, shipping throughout California. Existing Lease Bitters &Bottles’lease with the property’s prior owners,Giffra Enterprises,expired on June 30,2024 and is currently a holdover lease on a month-to-month basis with the tenant paying $4,600 per month (or $2.52 per square foot).Bitters &Bottles currently occupies 1,480 square at 240 Grand Avenue for its retail operation and 345 square feet at 244 Grand Avenue for office.The business also rents offsite storage to accommodate its shipping business. Lease Proposal Joe Barwin,the owner of Bitters &Bottles,sent the City a lease proposal in Fall 2024,which included vacating the 345 square feet at 244 Grand Avenue and instead expanding into the 285 square foot kitchen behind the retail space at 240 Grand Avenue and the 1,406 square foot garage at the rear of the property.Mr.Barwin proposes to use the kitchen and garage for warehousing.This would increase the total square footage leased to Bitters &Bottles from 1,825 square feet of retail space to 3,171 square feet of mixed retail and warehouse City of South San Francisco Printed on 12/6/2024Page 1 of 3 powered by Legistar™221 File #:24-644 Agenda Date:12/11/2024 Version:1 Item #:15. space. Mr.Barwin is proposing a three (3)year lease at $4,000 per month (or $1.26 per square foot).He is also requesting a $45,000 tenant improvement (TI)credit to offset expenses related to electrical modernization, installation of refrigeration,interior construction and reconfiguration,and various façade improvements.The TI credit would be a credit against the rent owed each month,with one month of rent waived/credited upon Building Permit application submittal and the remaining months waived/credited once construction has commenced and until the $45,000 credit has been reached (over 11.25 months).The value of some of these improvements -electrical and façade improvements -would stay with the space and benefit any future tenant as well as the value of the building. DISCUSSION Staff worked with the City’s on-call commercial broker,Colliers,on determining market rate rent for Grand Avenue.The current market rate rent on Grand Avenue is roughly $2 per square foot for retail space,whereas warehouse space goes for about half as much,or $1 per square foot.Bitters &Bottles proposes to use 1,480 square feet for retail and 1,691 square feet for warehouse.At market rate,this would be $2,960 for the retail space and $1,691 for the warehouse,for a total of $4,651 total per month.While the proposed lease rate is below market,it presents a valuable opportunity to keep a flagship small business in South San Francisco.Mr. Barwin,along with many other small business owners in the Downtown,have expressed the significant reduction in foot traffic and volume of sales resulting from the pandemic and work from home arrangements that have substantially reduced the number of commercial office/life science workers patronizing the Downtown at lunchtime. Additionally, inflation has exacerbated an already difficult business climate. Mr.Barwin is committed to keeping Bitters &Bottles in the Downtown,contributing to a vibrant retail mix and attracting destination shoppers to South San Francisco.However,replacing the lost office workers with residents and other visitors is still a work in progress and the proposed lease rate,which staff supports,reflects these trying times.Approving the proposed lease would affirm the City’s commitment to keeping the City’s newly acquired tenants in place and stable as part of this acquisition of the Giffra properties earlier this year. FISCAL IMPACT The City will earn $103,363.20 in rent revenue over the three-year lease period.Additionally,by vacating the 345 square foot retail store front at 244 Grand Avenue,the City will have an additional retail space to rent, providing an opportunity for additional revenue. CONCLUSION Approving the lease agreement with Bar Antz,LLC,doing business as Bitters and Bottles,will support a valued local business and contribute to the revitalization of Grand Avenue.The proposed lease terms generally align with market rate rents,address necessary property improvements,and reflect the economic realities facing small businesses in the area.By providing tenant improvement credits and adjusting rent rates,the City demonstrates its commitment to maintaining strong partnerships with its tenants and supporting the local economy.Staff recommends that the City Council adopt the resolution approving the lease agreement and City of South San Francisco Printed on 12/6/2024Page 2 of 3 powered by Legistar™222 File #:24-644 Agenda Date:12/11/2024 Version:1 Item #:15. authorize the City Manager to execute the agreement. City of South San Francisco Printed on 12/6/2024Page 3 of 3 powered by Legistar™223 LEASE This Lease (this “Lease”) is made and entered into as of January 1, 2025, by and between CITY OF SOUTH SAN FRANCISCO, a California municipal corporation (“Landlord”), and BAR ANTZ, LLC, a California limited liability company (“Tenant”). Landlord and Tenant are hereafter collectively referred to as the “Parties.” RECITALS A. Landlord is the owner of certain real property located at 240 Grand Avenue, South San Francisco, California (the “Property”). The Property consists of an existing commercial building. B. Tenant desires to lease approximately 3,171 square feet of space within the Property from Landlord (the “Premises”), and Landlord desires to lease the Premises to Tenant conditioned upon the terms therein. The Premises is depicted in Exhibit A attached hereto and incorporated herein by this reference. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: ARTICLE 1. BASIC LEASE PROVISIONS 1.1 Tenant’s contact information: Joe Barwin 3471 21st Street, Apt. 4 San Francisco, CA 94110 1.2 Landlord’s contact information: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager 1.3 Premises: More particularly described as the area shown in Exhibit A, attached hereto. 1.4 Commencement Date: January 1, 2025. 1.5 Initial Term: 36 months, beginning on the Commencement Date (“Initial Term”). 224 1.6 Extension of Term: Option to renew for another three (3) years, which may be exercised only upon the written approval of the Lessor. This option is not automatic and is subject to the Lessor’s discrestion. 1.7 Rent: $4,000 per month and increases 3% every twelve (12) months. Tenant is eligible for Tenant Improvement Credit against rent up to a maximum of $45,000 in accordance with Section 6.3 hereof. 1.8 Security Deposit: $4,600 1.9 Permitted Uses: Typical uses for a retail store including storage of materials, packing supplies and materials to support the online business, office space for staff, and parking spot(s) for staff and material transportation in the garage. _. 1.10 Parking: Tenant and its employees, officers and customers are entitled to use unreserved parking spaces on the Property, for no additional charge. ARTICLE II. DEFINITIONS As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of this Lease. 2.1 “Additional Rent” means any amount of rent beyond the "Rent" as described in section 1.7 that Tenant is required to pay Landlord (e.g., late fees, or administrative charges), pursuant to this Lease. 2.2 “Alterations” means any decorations, modifications, additions or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of Tenant. 2.3 “Commencement Date” is the date set forth in Section 1.4. 2.4 “Premises” means the rented premises shown on Exhibit A. 2.5 “Property” means that real property located at 240 Grand Avenue, South San Francisco, California. 2.6 “Rent” means the amount to be paid by Tenant to Landlord, pursuant to section 1.7 2.7 “Term” means the Initial Term of this Lease as set forth in Section 1.5. ARTICLE III 225 PREMISES AND TERM 3.1 Leased Premises. Subject to and upon the terms and conditions set forth herein, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises or the Property except as specifically stated in this Lease. The Parties agree that based upon their own inspection and estimates, the estimated square footage of the Premises is as stated in Section 1.3 hereof. Tenant and Landlord hereby stipulate and agree that the square footage of the Premises is as stated herein, notwithstanding any minor variations in measurement or other minor variations that may have occurred in the calculation thereof. 3.2 Appurtenant Rights. Tenant is granted the right during the Term to the nonexclusive use of the parking lot, sidewalks, driveways and other common area improvements located on the Property, for no additional charge or rent. Landlord has sole discretion to determine the manner in which such areas and improvements are maintained and operated. 3.3 Initial Term and Commencement. The Term of this Lease shall commence on the Commencement Date, and unless sooner terminated as provided herein, the Term shall be for the period of the Initial Term set forth in Section 1.5. 3.4 Extension of Term. Not Applicable. 3.5 No Representations. Tenant acknowledges that neither Landlord nor any of Landlord’s agents has made any representation or warranty as to the suitability or fitness of the Premises for the conduct of Tenant’s business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvements to the Premises except as expressly provided in this Lease. 3.6 Relocation. Landlord currently intends to renovate and rehabilitate the Property in the future, and anticipates that the uses of the Property after the renovation and rehabilitation may include retail and commercial uses. In the event that Tenant is displaced from the Property as a result of the renovation and rehabilitation of the Property, Landlord will provide to Tenant any relocation assistance and compensation that is required pursuant to applicable law, including Government Code Section 7260, et seq., and the California Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000, et seq., to the extent required by law. Nothing in this Lease shall be construed as Tenant’s waiver or relinquishment of any rights it may have to the foregoing relocation assistance and compensation, if any. In addition to the foregoing, in the event that Tenant is displaced from the Property as a result of the renovation and rehabilitation of the Property, Landlord shall provide Tenant a one-time first right of refusal to lease the Property commencing upon the completion of the renovation and rehabilitation of the Property, at the same rental rate and upon the same terms and conditions as are required for other tenants of the commercial building in which the Property is located. ARTICLE IV 226 RENT, OPERATING EXPENSES, AND DEPOSITS 4.1 Rent. From and after the Commencement Date, Tenant shall pay to Landlord the monthly Rent set forth in Section 1.7. Each installment of Rent shall be due and payable to Landlord in advance, upon the Commencement Date and the first day of each month after the Commencement Date during the Term, without abatement, deduction, claim or offset except as otherwise expressly provided herein, and without prior notice, invoice or demand, at Landlord’s address or such other place as Landlord may designate from time to time. The amount of Rent due in the first and last months of the Term shall be prorated. 4.2 Utilities. Tenant shall pay for all gas, electricity, heat, ventilation and air conditioning , telephone, cable, internet and all other utilities and services used in the Premises, which shall be separately metered and/or billed. Landlord agrees to cooperate as reasonably required by Tenant to assist Tenant with its obligations under the preceding sentence. ARTICLE V USE OF PREMISES 5.1 Permitted Use. The Premises shall be used solely for the purposes set forth in Section 1.9 ("Permitted Use") and for no other purpose without written consent of Landlord, which may be granted or withheld in Landlord’s sole discretion. Tenant shall not do or permit anything to be done in or about the Premises or the Property, nor bring or keep anything therein that would in any way subject Landlord to liability, increase the premium rate of or affect any fire, casualty, rent or other insurance relating to the Property or any of the contents of the Premises, or cause a cancellation of, or give rise to any defense by an insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in an increase in premiums, Tenant shall pay to Landlord upon demand the amount of such increase. 5.2 Signage. Any of Tenant’s signage on the Premises or Property existing as of the Commencement Date shall be permitted to remain. Tenant shall obtain the prior approval of Landlord, which approval may be given or withheld in Landlord's reasonable discretion, before placing any additional sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Property, or upon any other part of the Property, including building directories. Any signs or symbols which have been placed without Landlord's approval may be removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting therefrom shall be promptly repaired by Tenant, or such removal and repair may be done by Landlord and the cost charged to Tenant as Additional Rent. 5.3 Repairs and Replacements. Tenant shall repair and maintain the Premises, including tenant improvements, fixtures and furnishings in good order and repair, and Tenant shall, at Tenant’s sole expense make all repairs, replacements, alterations, or improvements to the extent triggered by or relate to (i) Tenant’s particular use of the Premises, and/or (ii) any improvements or alterations made by or on behalf of Tenant to the Premises. If Tenant fails to maintain or keep the Premises in good repair, at Landlord’s option, Landlord may, after 227 providing Tenant no less than thirty (30) days’ prior written notice, perform any such required maintenance and repairs and Tenant shall pay Landlord’s costs incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses in connection therewith. Landlord shall have no obligation to maintain or repair the Premises or any improvements thereon during the Term of this Lease. 5.4 Parking. Landlord hereby grants to Tenant a nonexclusive license and right, in common with Landlord and all other tenants of the Property, and their customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Property for vehicular parking, on a "first-come, first-served" basis, for no additional charge. ARTICLE VI ALTERATIONS AND ADDITIONS 6.1 Alterations and Improvements. Tenant may not make any Alterations to the Property or Premises without the prior written approval of Landlord. Any Landlord-approved Alterations shall be done at Tenant’s expense, in a good and workmanlike manner, in conformity with plans and specifications reviewed and approved by Landlord, and in compliance with all applicable laws. Tenant shall obtain all necessary governmental approvals and permits for such Alterations. Tenant shall give Landlord not less than ten (10) business days' notice prior to the commencement of construction of any Alterations so that Landlord may post a notice of nonresponsibility on the Premises. In no event shall any Alteration, without the prior written consent of Landlord: (i) affect the exterior of the Property, (ii) affect any structural portion of the Property, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premises or any change to the structural or mechanical components of the Premises, (iv) diminish the value of the Premises, (v) result in an increase in demand for building services or utilities, (vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord, or (vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Property. 6.2 Liens. Tenant shall not permit any mechanics’, materialmen’s or other liens, to be filed against the Property or against Tenant’s leasehold interest in the Premises. Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. If Tenant fails to cause the release of record of any lien(s) filed against the Premises or Tenant’s leasehold estate therein, by payment or posting of a proper bond within ten (10) days from the date of the lien filing(s), then Landlord may, at 228 Tenant’s expense, cause such lien(s) to be released by any means Landlord deems proper, including but not limited to payment of or defense against the claim giving rise to the lien(s). All sums reasonably disbursed, deposited or incurred by Landlord in connection with the release of the lien(s), including but not limited to all costs, expenses and attorney’s fees, shall be due and payable by Tenant to Landlord as Additional Rent on demand by Landlord. 6.3 Tenant Improvement Credit. Tenant shall be entitled to a credit equal to the Tenant’s actual cost of construction and installation of electrical modernization, interior construction and reconfiguration, and façade improvements which are Alterations permitted pursuant to Section 6.1 hereof, up to a maximum cumulative total of $45,000 (“Tenant Improvement Credit”). Tenant shall submit copies of contracts and invoices for such Alterations to City, and evidence of Tenant’s payment of such costs. Upon Tenant’s submittal of a complete building permit application for the Alterations to the City, the Tenant Improvement Credit shall be applied to the monthly Rent due for the following month. Upon City’s confirmation of Tenant’s payment of the costs of the Alterations, and determination that the Alterations have been completed in accordance with the requirements of this Lease, the Tenant Improvement Credit shall be applied to the monthly Rent due hereunder until the Tenant Improvement Credit is depleted. ARTICLE VII INSURANCE AND INDEMNITY 7.1 Indemnity. To the fullest extent permitted by law, Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Landlord and its officers, employees and agents (“Indemnitees”) harmless from and against any and all claims arising out of or relating directly or indirectly to this Lease or the Premises ("Claims"), including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind, including any Claim arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises or the Property by Tenant or any employee, invitee, customer, guest or licensee of Tenant, (ii) any act, error, omission or negligence of Tenant or any employee, invitee, customer, guest or licensee of Tenant in, on or about the Premises or the Property, including without limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, any act or omission of Tenant, (iii) any activity, work, or thing done, omitted, permitted, allowed or suffered by Tenant or employee, invitee, customer, guest or licensee of Tenant in, at, or about the Premises or the Property, or (iv) any breach or default in performance of any obligation on Tenant's part in the performance of any covenant or agreement to be performed under this Lease, except to the extent caused by the sole gross negligence or willful misconduct of the Indemnitees. The provisions of this section shall not be construed or interpreted as restricting, limiting or modifying Tenant’s insurance obligations under this Lease and are independent of such obligations. Tenant’s compliance with insurance requirements set forth in this Lease shall not restrict, limit or modify Tenant’s indemnification obligations hereunder. The provisions of this section shall survive the expiration or earlier termination of this Lease. 229 7.2 Tenant’s Insurance. Tenant shall, at its sole expense, procure and maintain throughout the Term all of the following: (a) Commercial general liability insurance, including contractual liability coverage, written on an “occurrence” policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to Tenant’s operations, assumed liabilities, or use or occupancy of the Premises or the Property naming Landlord as an additional insured, with minimum coverage in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; (2) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of “all risk” insurance policies, covering Tenant’s personal property and trade fixtures in or about the Premises or the Property, and any improvements or alterations in the Premises, in an amount of one hundred percent (100%) of actual replacement cost; (c) Workers’ compensation insurance in not less than statutory limits; and (d) If Tenant operates owned, leased or non-owned vehicles on the Property, comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit. The foregoing policies shall protect Tenant as named insured, and Landlord as additional insured (except for workers' compensation insurance). Landlord may increase, reduce, or otherwise modify Tenant’s insurance requirements set forth herein (but not more than once each calendar year) in the event Landlord determines that such increase, reduction, or modification is warranted by inflationary changes after the Commencement Date and is consistent with reasonable commercial practices. Each insurance policy must include an endorsement to provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured [not applicable to Workers' Compensation Insurance], shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reason of acts or omission of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. A certificate of each such insurance policy or a certificate thereof, including appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Commencement Date and annually thereafter. Tenant shall cause its insurance companies issuing property insurance and workers' compensation insurance to waive any subrogation rights that those companies may have against Landlord, as long as the insurance is not invalidated by the waiver. 230 ARTICLE VIII ASSIGNMENT AND SUBLETTING 8.1 Right to Assign and Sublet. Tenant shall not have the right to assign or sublet all or any part of Tenant’s interest in this Lease or in the Premises without obtaining the prior written consent of Landlord, which may be granted, withheld or conditioned by Landlord in its reasonable discretion. 8.2 No Release of Obligations. Neither an assignment or subletting nor the collection of rent by Landlord from any person other than Tenant shall be deemed a waiver of any of the provisions of this Article or release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this Lease. ARTICLE IX DAMAGE AND DESTRUCTION 9.1 Repair and Restoration; Termination Rights. If all or part of the Premises is damaged by fire or other casualty, such that access to or use and occupancy of the Premises is materially impaired, Landlord and Tenant shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice, which shall be not before the date of such notice nor more than thirty (30) days after the date of such notice. If neither Party exercises such option to terminate this Lease, then within forty-five (45) days of the date of the damage, Landlord shall notify Tenant of the estimated time, in Landlord’s reasonable judgment, required for repair or restoration (“Repair Period”), and Landlord shall proceed promptly and diligently to repair or restore the Premises or the portion of the Premises necessary for Tenant’s occupancy, and this Lease shall remain in effect. 9.2 Waiver of Statutory Provisions. The provisions of this Lease, including those in this Article IX, constitute an express agreement between Landlord and Tenant that applies in the event of any damage to the Premises or Property. Tenant, therefore, fully waives the provisions of any statute or regulation, including California Civil Code §§ 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty. ARTICLE X SURRENDER OF PREMISES; HOLDING OVER 10.1 Surrender of Premises. On expiration of the Term of this Lease, Tenant shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements made in or upon the Premises, either by Landlord or 231 Tenant, may, at Landlord's election, become Landlord's property without compensation to Tenant; provided that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay, remove any alterations, additions or improvements made to the Premises by Tenant and designated by Landlord to be removed, and shall repair any damage to the Premises caused by such removal. If Tenant fails to complete such removal or to repair the Premises, Landlord may complete such removal and repair, and Tenant shall reimburse Landlord therefor. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of such property in its sole discretion without any liability to Tenant, and further may charge the cost of any such disposition to Tenant. 10.2 Holdover Tenancy. If Tenant remains in possession of the Premises after expiration or earlier termination of the Term of this Lease, Tenant shall be deemed, at Landlord's option, to occupy the Premises as a holdover tenant from month-to-month. During such tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in advance, an amount equal to the then fair market rental (as reasonably determined by Landlord) for the Premises, together with all other amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding sentence, such month-to-month tenancy shall be on the same terms and conditions of this Lease. Landlord’s acceptance of Rent after such holding over with Landlord’s written consent shall not result in any other tenancy or in a renewal of the Initial Term of this Lease. ARTICLE XI LANDLORD'S RESERVED RIGHTS. 11.1 Rights Reserved to Landlord. Without notice and without liability to Tenant, and without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to (i) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect or repair the Premises and to perform any acts related to safety, protection, or improvement of the Premises; (ii) install and maintain signs on and in the Premises and the Property; and (iii) make such rules and regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care and cleanliness of the Premises and the Property and the preservation of good order therein. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. ARTICLE XII DEFAULT AND REMEDIES 12.1 Tenant's Default. It shall be an “Event of Default” hereunder if Tenant shall: 232 (a) fail to pay when due any installment of Rent, or fail to pay any other amount owed by Tenant to Landlord under this Lease as and when due and such failure continues for five (5) days following written notice thereof to Tenant by Landlord; (b) fail to provide any certificate, instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure to Tenant; (c) make a general assignment for the benefit of its creditors or file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged within sixty (60) days thereafter; (d) abandon or vacate the Premises for more than one (1) month; (e) assign this Lease or sublease any portion of the Premises in violation of Article XIII; or (f) fail to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord (or if the noncompliance cannot by its nature be cured within the 30-day period, if Tenant fails to commence to cure such noncompliance within the 30-day period and thereafter diligently prosecute such cure to completion). 12.2 Remedies on Default. Upon the occurrence of an Event of Default, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord at law or in equity. These remedies are not exclusive but instead are cumulative. (a) Continue Lease. Landlord may continue this Lease in full force and effect. In such case, so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to relet the Premises, or any part of them, to third parties for Tenant's account. No act by Landlord allowed by this Section shall terminate this Lease unless Landlord terminates Tenant’s right to possession. After an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released from liability. (b) Terminate Lease. Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time following an Event of Default. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance or efforts to relet the Premises shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to recover from Tenant all of the following: (i) The amount of any unpaid Rent that had been earned at the time of termination of this Lease; 233 (ii) The amount of unpaid Rent that would have been earned after the date of termination of this Lease less any amount of the unpaid Rent that Tenant proves could have been reasonably avoided; (iii) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform obligations under this Lease; and (iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. 12.3 Landlord’s Default. Landlord’s failure to perform any of its obligations under this Lease shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord’s failure to perform shall not constitute a Landlord Event of Default if Landlord undertakes to cure the failure within such thirty (30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. Tenant shall have the right to terminate this Lease and to vacate the Premises upon Landlord’s default under this Lease. ARTICLE XIII MISCELLANEOUS 13.1 No Waiver. No receipt and retention by Landlord of any payment tendered by Tenant in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or other settlement, in a separate writing duly executed by Landlord. Landlord will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as Landlord may determine at its sole option. Any waiver of any condition or provision set forth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver. 13.2 Severability. The Parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision. 13.3 Governing Law; Venue; Construction. This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent jurisdiction located in San Mateo County. The captions used for the Sections and Articles of this 234 Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 13.4 Binding Effect; Survival. The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The representations and warranties of Landlord and Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination. 13.5 Time. Time is of the essence of each provision of this Lease. 13.6 Entire Agreement; Amendments. This Lease and Exhibit A attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of the Premises and supersedes all prior and contemporaneous understandings or agreements of the parties. This Lease may not be amended or modified except in a writing signed by both Parties. 13.7 Notices. All notices delivered pursuant to this Lease shall be in writing and delivered to Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service. 13.8 Attorneys’ Fees. If any judicial remedy or arbitration is undertaken to enforce or interpret any provision of this Lease, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. 13.9 Authority. Each party warrants and represents that it has full authority to enter into this Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto. 13.10 Landlord Approvals. Whenever the consent or approval of Landlord is required hereunder, such consent or approval may be granted or withheld by the City Manager of Landlord or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to the City Council for consideration. 13.11 Counterparts. This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all Parties. 235 NOW THEREFORE, Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD: CITY OF SOUTH SAN FRANCISCO By: _____________________________ Sharon Ranals City Manager ATTEST: By: _____________________________ Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: _____________________________ Sky Woodruff City Attorney TENANT: BAR ANTZ, LLC, a California limited liability company By: _____________________________ Its: ____________________ 237 EXHIBIT A PREMISES 238 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1168 Agenda Date:12/11/2024 Version:1 Item #:15a. Resolution approving a lease agreement with Bar Antz,LLC,a California Limited Liability Company doing business as Bitters and Bottles,for the commercial space,kitchen,and rear garage at 240 Grand Avenue and authorizing the City Manager to execute said agreement. WHEREAS,in May 2024,the City of South San Francsico acquired three parcels of land:226-230 Grannd Ave.,232-238 Grand Ave.,and 240-246 Grand Ave.,and added six new commercial tenants to the City’s commercial portfolio including Bar Antz, LLC dba Bitters and Bottles at 240 Grand Avenue; and WHEREAS,on June 30,2024,Bitters and Bottles lease expired and became a month-to-month holdover lease; and WHEREAS,Joe Barwin,the owner and operator of Bitters and Bottles,submitted a lease proposal to the City for a three (3)year lease for $4,000 month for 3,171 square feet at 240 Grand Avenue and the rear kitchen and garage, and a tenant improvement credit to be used as a rent credit for $45,000; and WHEREAS,City staff has evaluated the proposal and negotiated a draft lease agreement with the tenant and recommends approval of the lease. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve a lease agreement with Bar Antz,LLC dba Bitters and Bottles for the commercial space,kitchen and rear garage at 240 Grand Avenue for a term of 3 years at $4,000 monthly rent and on other terms and conditions as shown on the lease agreement attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorize the City Manager to execute the lease agreement with Bar Antz,LLC,in substantially the same form as Exhibit A with any minor changes that do not increase the City’s obligations or materially alter the terms and conditions of the lease. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take further action consistent with the intent of this Resolution. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™239 EXHIBIT A LEASE This Lease (this “Lease”) is made and entered into as of January 1, 2025, by and between CITY OF SOUTH SAN FRANCISCO, a California municipal corporation (“Landlord”), and BAR ANTZ, LLC, a California limited liability company (“Tenant”). Landlord and Tenant are hereafter collectively referred to as the “Parties.” RECITALS A. Landlord is the owner of certain real property located at 240 Grand Avenue, South San Francisco, California (the “Property”). The Property consists of an existing commercial building. B. Tenant desires to lease approximately 3,171 square feet of space within the Property from Landlord (the “Premises”), and Landlord desires to lease the Premises to Tenant conditioned upon the terms therein. The Premises is depicted in Exhibit A attached hereto and incorporated herein by this reference. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: ARTICLE 1. BASIC LEASE PROVISIONS 1.1 Tenant’s contact information: Joe Barwin 3471 21st Street, Apt. 4 San Francisco, CA 94110 1.2 Landlord’s contact information: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager 1.3 Premises: More particularly described as the area shown in Exhibit A, attached hereto. 1.4 Commencement Date: January 1, 2025. 1.5 Initial Term: 36 months, beginning on the Commencement Date (“Initial Term”). 240 1.6 Extension of Term: Option to renew for another three (3) years, which may be exercised only upon the written approval of the Lessor. This option is not automatic and is subject to the Lessor’s discrestion. 1.7 Rent: $4,000 per month and increases 3% every twelve (12) months. Tenant is eligible for Tenant Improvement Credit against rent up to a maximum of $45,000 in accordance with Section 6.3 hereof. 1.8 Security Deposit: $4,600 1.9 Permitted Uses: Typical uses for a retail store including storage of materials, packing supplies and materials to support the online business, office space for staff, and parking spot(s) for staff and material transportation in the garage. _. 1.10 Parking: Tenant and its employees, officers and customers are entitled to use unreserved parking spaces on the Property, for no additional charge. ARTICLE II. DEFINITIONS As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of this Lease. 2.1 “Additional Rent” means any amount of rent beyond the "Rent" as described in section 1.7 that Tenant is required to pay Landlord (e.g., late fees, or administrative charges), pursuant to this Lease. 2.2 “Alterations” means any decorations, modifications, additions or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of Tenant. 2.3 “Commencement Date” is the date set forth in Section 1.4. 2.4 “Premises” means the rented premises shown on Exhibit A. 2.5 “Property” means that real property located at 240 Grand Avenue, South San Francisco, California. 2.6 “Rent” means the amount to be paid by Tenant to Landlord, pursuant to section 1.7 2.7 “Term” means the Initial Term of this Lease as set forth in Section 1.5. 241 ARTICLE III PREMISES AND TERM 3.1 Leased Premises. Subject to and upon the terms and conditions set forth herein, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises or the Property except as specifically stated in this Lease. The Parties agree that based upon their own inspection and estimates, the estimated square footage of the Premises is as stated in Section 1.3 hereof. Tenant and Landlord hereby stipulate and agree that the square footage of the Premises is as stated herein, notwithstanding any minor variations in measurement or other minor variations that may have occurred in the calculation thereof. 3.2 Appurtenant Rights. Tenant is granted the right during the Term to the nonexclusive use of the parking lot, sidewalks, driveways and other common area improvements located on the Property, for no additional charge or rent. Landlord has sole discretion to determine the manner in which such areas and improvements are maintained and operated. 3.3 Initial Term and Commencement. The Term of this Lease shall commence on the Commencement Date, and unless sooner terminated as provided herein, the Term shall be for the period of the Initial Term set forth in Section 1.5. 3.4 Extension of Term. Not Applicable. 3.5 No Representations. Tenant acknowledges that neither Landlord nor any of Landlord’s agents has made any representation or warranty as to the suitability or fitness of the Premises for the conduct of Tenant’s business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvements to the Premises except as expressly provided in this Lease. 3.6 Relocation. Landlord currently intends to renovate and rehabilitate the Property in the future, and anticipates that the uses of the Property after the renovation and rehabilitation may include retail and commercial uses. In the event that Tenant is displaced from the Property as a result of the renovation and rehabilitation of the Property, Landlord will provide to Tenant any relocation assistance and compensation that is required pursuant to applicable law, including Government Code Section 7260, et seq., and the California Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000, et seq., to the extent required by law. Nothing in this Lease shall be construed as Tenant’s waiver or relinquishment of any rights it may have to the foregoing relocation assistance and compensation, if any. In addition to the foregoing, in the event that Tenant is displaced from the Property as a result of the renovation and rehabilitation of the Property, Landlord shall provide Tenant a one-time first right of refusal to lease the Property commencing upon the completion of the renovation and rehabilitation of the Property, at the same rental rate and upon the same terms and conditions as are required for other tenants of the commercial building in which the Property is located. 242 ARTICLE IV RENT, OPERATING EXPENSES, AND DEPOSITS 4.1 Rent. From and after the Commencement Date, Tenant shall pay to Landlord the monthly Rent set forth in Section 1.7. Each installment of Rent shall be due and payable to Landlord in advance, upon the Commencement Date and the first day of each month after the Commencement Date during the Term, without abatement, deduction, claim or offset except as otherwise expressly provided herein, and without prior notice, invoice or demand, at Landlord’s address or such other place as Landlord may designate from time to time. The amount of Rent due in the first and last months of the Term shall be prorated. 4.2 Utilities. Tenant shall pay for all gas, electricity, heat, ventilation and air conditioning , telephone, cable, internet and all other utilities and services used in the Premises, which shall be separately metered and/or billed. Landlord agrees to cooperate as reasonably required by Tenant to assist Tenant with its obligations under the preceding sentence. ARTICLE V USE OF PREMISES 5.1 Permitted Use. The Premises shall be used solely for the purposes set forth in Section 1.9 ("Permitted Use") and for no other purpose without written consent of Landlord, which may be granted or withheld in Landlord’s sole discretion. Tenant shall not do or permit anything to be done in or about the Premises or the Property, nor bring or keep anything therein that would in any way subject Landlord to liability, increase the premium rate of or affect any fire, casualty, rent or other insurance relating to the Property or any of the contents of the Premises, or cause a cancellation of, or give rise to any defense by an insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in an increase in premiums, Tenant shall pay to Landlord upon demand the amount of such increase. 5.2 Signage. Any of Tenant’s signage on the Premises or Property existing as of the Commencement Date shall be permitted to remain. Tenant shall obtain the prior approval of Landlord, which approval may be given or withheld in Landlord's reasonable discretion, before placing any additional sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Property, or upon any other part of the Property, including building directories. Any signs or symbols which have been placed without Landlord's approval may be removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting therefrom shall be promptly repaired by Tenant, or such removal and repair may be done by Landlord and the cost charged to Tenant as Additional Rent. 5.3 Repairs and Replacements. Tenant shall repair and maintain the Premises, including tenant improvements, fixtures and furnishings in good order and repair, and Tenant shall, at Tenant’s sole expense make all repairs, replacements, alterations, or improvements to the extent triggered by or relate to (i) Tenant’s particular use of the Premises, and/or (ii) any improvements or alterations made by or on behalf of Tenant to the Premises. If Tenant fails to 243 maintain or keep the Premises in good repair, at Landlord’s option, Landlord may, after providing Tenant no less than thirty (30) days’ prior written notice, perform any such required maintenance and repairs and Tenant shall pay Landlord’s costs incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses in connection therewith. Landlord shall have no obligation to maintain or repair the Premises or any improvements thereon during the Term of this Lease. 5.4 Parking. Landlord hereby grants to Tenant a nonexclusive license and right, in common with Landlord and all other tenants of the Property, and their customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Property for vehicular parking, on a "first-come, first-served" basis, for no additional charge. ARTICLE VI ALTERATIONS AND ADDITIONS 6.1 Alterations and Improvements. Tenant may not make any Alterations to the Property or Premises without the prior written approval of Landlord. Any Landlord-approved Alterations shall be done at Tenant’s expense, in a good and workmanlike manner, in conformity with plans and specifications reviewed and approved by Landlord, and in compliance with all applicable laws. Tenant shall obtain all necessary governmental approvals and permits for such Alterations. Tenant shall give Landlord not less than ten (10) business days' notice prior to the commencement of construction of any Alterations so that Landlord may post a notice of nonresponsibility on the Premises. In no event shall any Alteration, without the prior written consent of Landlord: (i) affect the exterior of the Property, (ii) affect any structural portion of the Property, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premises or any change to the structural or mechanical components of the Premises, (iv) diminish the value of the Premises, (v) result in an increase in demand for building services or utilities, (vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord, or (vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Property. 6.2 Liens. Tenant shall not permit any mechanics’, materialmen’s or other liens, to be filed against the Property or against Tenant’s leasehold interest in the Premises. Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. If Tenant fails to cause the release of record of any lien(s) filed against the Premises or Tenant’s leasehold estate therein, by payment or posting of a 244 proper bond within ten (10) days from the date of the lien filing(s), then Landlord may, at Tenant’s expense, cause such lien(s) to be released by any means Landlord deems proper, including but not limited to payment of or defense against the claim giving rise to the lien(s). All sums reasonably disbursed, deposited or incurred by Landlord in connection with the release of the lien(s), including but not limited to all costs, expenses and attorney’s fees, shall be due and payable by Tenant to Landlord as Additional Rent on demand by Landlord. 6.3 Tenant Improvement Credit. Tenant shall be entitled to a credit equal to the Tenant’s actual cost of construction and installation of electrical modernization, interior construction and reconfiguration, and façade improvements which are Alterations permitted pursuant to Section 6.1 hereof, up to a maximum cumulative total of $45,000 (“Tenant Improvement Credit”). Tenant shall submit copies of contracts and invoices for such Alterations to City, and evidence of Tenant’s payment of such costs. Upon Tenant’s submittal of a complete building permit application for the Alterations to the City, the Tenant Improvement Credit shall be applied to the monthly Rent due for the following month. Upon City’s confirmation of Tenant’s payment of the costs of the Alterations, and determination that the Alterations have been completed in accordance with the requirements of this Lease, the Tenant Improvement Credit shall be applied to the monthly Rent due hereunder until the Tenant Improvement Credit is depleted. ARTICLE VII INSURANCE AND INDEMNITY 7.1 Indemnity. To the fullest extent permitted by law, Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Landlord and its officers, employees and agents (“Indemnitees”) harmless from and against any and all claims arising out of or relating directly or indirectly to this Lease or the Premises ("Claims"), including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind, including any Claim arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises or the Property by Tenant or any employee, invitee, customer, guest or licensee of Tenant, (ii) any act, error, omission or negligence of Tenant or any employee, invitee, customer, guest or licensee of Tenant in, on or about the Premises or the Property, including without limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, any act or omission of Tenant, (iii) any activity, work, or thing done, omitted, permitted, allowed or suffered by Tenant or employee, invitee, customer, guest or licensee of Tenant in, at, or about the Premises or the Property, or (iv) any breach or default in performance of any obligation on Tenant's part in the performance of any covenant or agreement to be performed under this Lease, except to the extent caused by the sole gross negligence or willful misconduct of the Indemnitees. The provisions of this section shall not be construed or interpreted as restricting, limiting or modifying Tenant’s insurance obligations under this Lease and are independent of such obligations. Tenant’s compliance with insurance requirements set forth in this Lease shall not restrict, limit or modify Tenant’s indemnification obligations hereunder. The provisions of this section shall survive the expiration or earlier termination of this Lease. 245 7.2 Tenant’s Insurance. Tenant shall, at its sole expense, procure and maintain throughout the Term all of the following: (a) Commercial general liability insurance, including contractual liability coverage, written on an “occurrence” policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to Tenant’s operations, assumed liabilities, or use or occupancy of the Premises or the Property naming Landlord as an additional insured, with minimum coverage in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; (2) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of “all risk” insurance policies, covering Tenant’s personal property and trade fixtures in or about the Premises or the Property, and any improvements or alterations in the Premises, in an amount of one hundred percent (100%) of actual replacement cost; (c) Workers’ compensation insurance in not less than statutory limits; and (d) If Tenant operates owned, leased or non-owned vehicles on the Property, comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit. The foregoing policies shall protect Tenant as named insured, and Landlord as additional insured (except for workers' compensation insurance). Landlord may increase, reduce, or otherwise modify Tenant’s insurance requirements set forth herein (but not more than once each calendar year) in the event Landlord determines that such increase, reduction, or modification is warranted by inflationary changes after the Commencement Date and is consistent with reasonable commercial practices. Each insurance policy must include an endorsement to provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured [not applicable to Workers' Compensation Insurance], shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reason of acts or omission of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. A certificate of each such insurance policy or a certificate thereof, including appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Commencement Date and annually thereafter. Tenant shall cause its insurance companies issuing property insurance and workers' compensation insurance to waive any subrogation rights that those companies may have against Landlord, as long as the insurance is not invalidated by the waiver. 246 ARTICLE VIII ASSIGNMENT AND SUBLETTING 8.1 Right to Assign and Sublet. Tenant shall not have the right to assign or sublet all or any part of Tenant’s interest in this Lease or in the Premises without obtaining the prior written consent of Landlord, which may be granted, withheld or conditioned by Landlord in its reasonable discretion. 8.2 No Release of Obligations. Neither an assignment or subletting nor the collection of rent by Landlord from any person other than Tenant shall be deemed a waiver of any of the provisions of this Article or release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this Lease. ARTICLE IX DAMAGE AND DESTRUCTION 9.1 Repair and Restoration; Termination Rights. If all or part of the Premises is damaged by fire or other casualty, such that access to or use and occupancy of the Premises is materially impaired, Landlord and Tenant shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice, which shall be not before the date of such notice nor more than thirty (30) days after the date of such notice. If neither Party exercises such option to terminate this Lease, then within forty-five (45) days of the date of the damage, Landlord shall notify Tenant of the estimated time, in Landlord’s reasonable judgment, required for repair or restoration (“Repair Period”), and Landlord shall proceed promptly and diligently to repair or restore the Premises or the portion of the Premises necessary for Tenant’s occupancy, and this Lease shall remain in effect. 9.2 Waiver of Statutory Provisions. The provisions of this Lease, including those in this Article IX, constitute an express agreement between Landlord and Tenant that applies in the event of any damage to the Premises or Property. Tenant, therefore, fully waives the provisions of any statute or regulation, including California Civil Code §§ 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty. ARTICLE X SURRENDER OF PREMISES; HOLDING OVER 10.1 Surrender of Premises. On expiration of the Term of this Lease, Tenant shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements made in or upon the Premises, either by Landlord or 247 Tenant, may, at Landlord's election, become Landlord's property without compensation to Tenant; provided that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay, remove any alterations, additions or improvements made to the Premises by Tenant and designated by Landlord to be removed, and shall repair any damage to the Premises caused by such removal. If Tenant fails to complete such removal or to repair the Premises, Landlord may complete such removal and repair, and Tenant shall reimburse Landlord therefor. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of such property in its sole discretion without any liability to Tenant, and further may charge the cost of any such disposition to Tenant. 10.2 Holdover Tenancy. If Tenant remains in possession of the Premises after expiration or earlier termination of the Term of this Lease, Tenant shall be deemed, at Landlord's option, to occupy the Premises as a holdover tenant from month-to-month. During such tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in advance, an amount equal to the then fair market rental (as reasonably determined by Landlord) for the Premises, together with all other amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding sentence, such month-to-month tenancy shall be on the same terms and conditions of this Lease. Landlord’s acceptance of Rent after such holding over with Landlord’s written consent shall not result in any other tenancy or in a renewal of the Initial Term of this Lease. ARTICLE XI LANDLORD'S RESERVED RIGHTS. 11.1 Rights Reserved to Landlord. Without notice and without liability to Tenant, and without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to (i) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect or repair the Premises and to perform any acts related to safety, protection, or improvement of the Premises; (ii) install and maintain signs on and in the Premises and the Property; and (iii) make such rules and regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care and cleanliness of the Premises and the Property and the preservation of good order therein. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. ARTICLE XII DEFAULT AND REMEDIES 12.1 Tenant's Default. It shall be an “Event of Default” hereunder if Tenant shall: 248 (a) fail to pay when due any installment of Rent, or fail to pay any other amount owed by Tenant to Landlord under this Lease as and when due and such failure continues for five (5) days following written notice thereof to Tenant by Landlord; (b) fail to provide any certificate, instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure to Tenant; (c) make a general assignment for the benefit of its creditors or file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged within sixty (60) days thereafter; (d) abandon or vacate the Premises for more than one (1) month; (e) assign this Lease or sublease any portion of the Premises in violation of Article XIII; or (f) fail to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord (or if the noncompliance cannot by its nature be cured within the 30-day period, if Tenant fails to commence to cure such noncompliance within the 30-day period and thereafter diligently prosecute such cure to completion). 12.2 Remedies on Default. Upon the occurrence of an Event of Default, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord at law or in equity. These remedies are not exclusive but instead are cumulative. (a) Continue Lease. Landlord may continue this Lease in full force and effect. In such case, so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to relet the Premises, or any part of them, to third parties for Tenant's account. No act by Landlord allowed by this Section shall terminate this Lease unless Landlord terminates Tenant’s right to possession. After an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released from liability. (b) Terminate Lease. Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time following an Event of Default. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance or efforts to relet the Premises shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to recover from Tenant all of the following: (i) The amount of any unpaid Rent that had been earned at the time of termination of this Lease; 249 (ii) The amount of unpaid Rent that would have been earned after the date of termination of this Lease less any amount of the unpaid Rent that Tenant proves could have been reasonably avoided; (iii) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform obligations under this Lease; and (iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. 12.3 Landlord’s Default. Landlord’s failure to perform any of its obligations under this Lease shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord’s failure to perform shall not constitute a Landlord Event of Default if Landlord undertakes to cure the failure within such thirty (30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. Tenant shall have the right to terminate this Lease and to vacate the Premises upon Landlord’s default under this Lease. ARTICLE XIII MISCELLANEOUS 13.1 No Waiver. No receipt and retention by Landlord of any payment tendered by Tenant in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or other settlement, in a separate writing duly executed by Landlord. Landlord will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as Landlord may determine at its sole option. Any waiver of any condition or provision set forth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver. 13.2 Severability. The Parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision. 13.3 Governing Law; Venue; Construction. This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent jurisdiction located in San Mateo County. The captions used for the Sections and Articles of this 250 Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 13.4 Binding Effect; Survival. The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The representations and warranties of Landlord and Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination. 13.5 Time. Time is of the essence of each provision of this Lease. 13.6 Entire Agreement; Amendments. This Lease and Exhibit A attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of the Premises and supersedes all prior and contemporaneous understandings or agreements of the parties. This Lease may not be amended or modified except in a writing signed by both Parties. 13.7 Notices. All notices delivered pursuant to this Lease shall be in writing and delivered to Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service. 13.8 Attorneys’ Fees. If any judicial remedy or arbitration is undertaken to enforce or interpret any provision of this Lease, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. 13.9 Authority. Each party warrants and represents that it has full authority to enter into this Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto. 13.10 Landlord Approvals. Whenever the consent or approval of Landlord is required hereunder, such consent or approval may be granted or withheld by the City Manager of Landlord or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to the City Council for consideration. 13.11 Counterparts. This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all Parties. 251 NOW THEREFORE, Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD: CITY OF SOUTH SAN FRANCISCO By: _____________________________ Sharon Ranals City Manager ATTEST: By: _____________________________ Rosa Govea Acosta City Clerk APPROVED AS TO FORM: By: _____________________________ Sky Woodruff City Attorney TENANT: BAR ANTZ, LLC, a California limited liability company By: _____________________________ Its: ____________________ 252 EXHIBIT A PREMISES 253 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-947 Agenda Date:12/11/2024 Version:1 Item #:16. Report regarding a resolution amending the City of South San Francisco’s Community Development Block Grant Program Year 2024-2025 Annual Action Plan and authorizing its submittal and all other required documents to the U.S.Department of Housing and Urban Development;(Alvina Condon,Management Analyst II) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to receive public testimony and comments on an Amendment to the City of South San Francisco’s Program Year (“PY”)2024-25 Annual Action Plan for the Community Development Block Grant (“CDBG”)Program,and to adopt a resolution that approves the PY 2024-25 Annual Action Plan Amendment and authorizes staff to submit the amended Action Plan and all other required documents to the U.S.Department of Housing and Urban Development (“HUD”). BACKGROUND Staff is recommending that the City Council of the City of South San Francisco (“City”)hold a public hearing to receive public comments on an Amendment to the City of South San Francisco’s CDBG PY 2024-25 Annual Action Plan (“Action Plan”) for the City’s CDBG Program. The Action Plan assesses the City’s housing,community,and economic development needs and available resources,and outlines a strategy to address them.The U.S.Department of Housing and Urban Development (“HUD”)requires local jurisdictions to prepare an Action Plan to receive funds through the CDBG Program. The City’s PY 2024-25 Action Plan was initially approved by the City Council on May 8, 2024. The Action Plan Amendment was made available on November 1,2024,for a 30-day public comment period. The public notice of the Action Plan’s availability for comment was published in the San Mateo County Times on October 30,2024,and on the City’s website,and made available at all South San Francisco Public Libraries and at the Economic & Community Development Department. DISCUSSION At the close of PY 2023-24,which ended on June 30,2024,staff identified that funding for prior year projects had not been fully spent down and would be available for future projects.Specifically,an additional $566,695 of funding from the prior year was identified and now needs to be reallocated.The source of unspent funds is as follows. •$87,000 from the 2023-24 Minor Home Repair project. •$77,000 from the 2023-24 City Sponsored Minor Home Rehabilitation Program,Debris Box, City of South San Francisco Printed on 12/6/2024Page 1 of 3 powered by Legistar™254 File #:24-947 Agenda Date:12/11/2024 Version:1 Item #:16. and Emergency Repair. •$76,579 from historical loans that were recently repaid. •$326,100 from miscellaneous projects that did not utilize all their funding. In order to utilize these unspent funds,the Action Plan Amendment increases the PY 2024-25 Public Facilities and Infrastructure Improvements budget from $277,248 to $861,980.78.These funds will be spent down within the next six to nine months on approximately 65 curb ramps citywide and the construction of a new accessibility project at the Cypress and Pine Park.Details of this substantial public improvement project are included in the attached presentation. The timing of spending down these funds is critical.The City received a timeliness letter from HUD in June 2024 informing the City it is not carrying out its CDBG Program in a timely manner.A grantee is considered to be in compliance if 60 days prior to the end of its program year the balance in the grantee’s line of credit,plus the balance of program income on hand,is not more than 1.5 times the most recent entitlement grant.The City’s balance was in excess of this statutory limit and therefore in August 2024,the City submitted a CDBG Workout Plan outlining how the City will spend down its CDBG funds in a timely manner.The proposed curb ramp and accessibility projects were selected after close consultation with the Parks and Recreation Department,Capital Projects Department,and Public Works Department on outstanding infrastructure needs citywide.Specifically,the proposed projects are carefully designed to meet statutory CDBG requirements (for eligible low income and disabled communities)and can be completed,to a high degree of certainty,within the allowable timeframe. Two additional changes are being made through this Amendment,which would ordinarily be handled administratively due to their low dollar value.The first is adjusting the Public Services budget from $69,000 to $66,500 to comply with the statutory limit on Public Services.The previously approved Action Plan used an estimate of anticipated entitlement funds from HUD,as the City had not yet been advised of its funding award prior to the City having to adopt an Action Plan to comply with statutory deadlines.The PY 2024-25 award is now known and so the exact dollar figure can be adjusted through this amendment.The second is reducing the City’s Minor Home Repair program from $100,000 to $90,000,as one of the City’s program providers no longer has staffing to support their home accessibility modifications program. FISCAL IMPACT The adoption of the associated resolution will have no impact on the General Fund.In Spring of 2025,a budget amendment will be proposed to adjust the FY 2024-25 Capital Improvement Program expense budget and authorize a construction contract.Approving the resolution enables the City to fund meaningful public improvements and demonstrates a commitment to delivering impactful projects that enhance accessibility citywide. CONCLUSION Staff recommends City Council hold a Public Hearing to receive public testimony and comments on an Amendment to the City’s PY 2024-25 Annual Action Plan for the CDBG Program,and to adopt a resolution that approves the PY 2024-25 Annual Action Plan Amendment and authorizes staff to submit City of South San Francisco Printed on 12/6/2024Page 2 of 3 powered by Legistar™255 File #:24-947 Agenda Date:12/11/2024 Version:1 Item #:16. resolution that approves the PY 2024-25 Annual Action Plan Amendment and authorizes staff to submit the amended Action Plan and all other required documents to HUD. Attachments: 1.PowerPoint Presentation “Amendment to the CDBG PY 2024-2025 Annual Action Plan” City of South San Francisco Printed on 12/6/2024Page 3 of 3 powered by Legistar™256 Amendment to the CDBG Program Year 2024-2025 Annual Action Plan Council Meeting December 11, 2024 257 Public Hearing for an Amendment to PY 2024- 2025 Annual Action Plan for the CDBG Program Staff recommends City Council: •Approve the PY 2024-2025 Annual Action Plan Amendment •Authorize its submittal and all other required documents to the U.S. Department of Housing and Urban Development (HUD) 258 Timeliness In June 2024, the City receiveda timeliness letter from HUD CDBG balance was in excess of the statutory limit In August 2024, the City submitted a CDBG Workout Plan Curb ramps around the City and accessibility path project at Cypress & Pine Park selected Funds will be spent down within the next 6 to 9 months 259 Reallocated Unspent Funding $87,000 from 2023-24 Minor Home Repair Subrecipients $77,000 from the 2023-24 City-Sponsored Minor Home Rehab Program, Debris Box, & Emergency Repair $76,579 from historical loans recently repaid $326,100 in small amounts left over on projects since 2020 TOTAL to be reallocated: $566,695 260 PY 2024-2025 Reallocations & Adjustments Increase 2024-25Public Facilities and Infrastructure Improvements budget from $277,248 to $861,980.78 -Curb ramps & park accessible path in response to timeliness Reduce 2024-25 Public Services budget from $69,000 to $66,500 -To comply with statutory limit Reduce 2024-25 Minor Home Repair budget from $100,000 to $90,000 -Subrecipient no longer has staffing to support their program 261 PublicFacilitiesandInfrastructureImprovements 262 Curb Ramp Overview Map CDBG Eligible Areas (pink hatch) Proposed Curb Ramps (green pins) 263 Sunshine Gardens Accessible Routes near Schools 264 Westborough A Continuous Accessible Route on Greendale Dr 265 Central South City Accessible Routes near Schools 266 Southwood AContinuousAccessibleRouteonOrangeAve 267 Old Town A Continuous Accessible Route on Cypress 268 Cypress and Pine ParkAn Accessible Entrance to the Park on 8th Ln 269 BudgetandEstimatedConstructionPhaseCosts 2023 Action Plan $196,081.00 2024 Action Plan $861,980.78 Total Funds $ 1,058,061.78 Direct Costs $825,000.00 Bid Contingency $80,000.00 Construction Admin $150,000.00 Total Expenses $ 1,055,000.00 270 Conclusion Staff recommends that the City Council hear public comments on the Amendment to the PY 2023-2024 Annual Action Plan for the CDBG Program, adopt a resolution for the Amendment to the PY 2023-2024 Annual Action Plan, and authorize its submittal to HUD. 271 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1082 Agenda Date:12/11/2024 Version:1 Item #:16a. Resolution amending the City of South San Francisco’s Community Development Block Grant Program Year 2024-2025 Annual Action Plan and authorizing its submittal and all other required documents to the U.S. Department of Housing and Urban Development. WHEREAS,the U.S.Department of Housing and Urban Development (“HUD”)has a Community Development Block Grant (“CDBG”)Program to assist local agencies with assessing their housing, community, and economic development needs; and WHEREAS,HUD requires local jurisdictions to prepare an Action Plan to receive funds through the CDBG Program; and WHEREAS,the City of South San Francisco’s (“City”)Community Development Block Grant (“CDBG”) Annual Action Plan,initially approved by the City Council on May 9,2024,assesses the City’s housing community and economic development needs and available resources,and outlines a strategy to address them; and WHEREAS,at the close of Program Year (“PY”)2023-2024,City staff identified an additional $566,695 amount of funding from projects from the prior year that had not been fully spent down; and WHEREAS,in June of 2024,the City received a letter from HUD informing the City that it is not carrying out its CDBG Program in a timely manner,as the City’s balance of unspent funds is currently in excess of the statutory limit of 1.5 times the most recent entitlement grant; and WHEREAS,an Amendment to the PY 2024-25 Action Plan is needed to allocate these additional funds to CDBG program areas; and WHEREAS,the Amendment to the Action Plan would increase the PY 2024-2025 Public Facilities and Infrastructure Improvements budget from $277,248 to $861,980.78,which will be spent down within the next six to nine months on approximately 65 curb ramps citywide and the construction of a new accessibility project at the Cypress & Pine Park; and WHEREAS,adoption of this resolution would have no impact to the General Fund,and would allocate funding for meaningful public improvement projects that would increase accessibility throughout the City,which would otherwise remain unfunded; and WHEREAS,on December 11,2024,the City Council held a duly noticed public hearing to hear public City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™272 File #:24-1082 Agenda Date:12/11/2024 Version:1 Item #:16a. WHEREAS,on December 11,2024,the City Council held a duly noticed public hearing to hear public testimony and comments in support thereof or any objections to amending the Annual Action Plan for PY 2024- 25; and WHEREAS, the City Council now seeks to approve the amended Annual Action Plan for PY 2024-25. NOW,THEREFORE,BE IT RESOLVED that the City Council of South San Francisco herby approves the Amendment to the City’s PY 2024-2025 Annual Action Plan, attached to this Resolution as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or their designee to execute and submit all documents needed to effectuate the intent of this resolution. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™273 Annual Action Plan 2024 1 OMB Control No: 2506-0117 (exp. 09/30/2021) City of South San Francisco Program Year 2024-2025 Action Plan REVISED First Amendment November 1, 2024 All changes to the Original Action Plan are noted in red. 274 Annual Action Plan 2024 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Table of Contents Executive Summary ..................................................................................................................................... 3 AP-05 Executive Summary - 91.200(c), 91.220(b) .................................................................................... 3 PR-05 Lead & Responsible Agencies - 91.200(b) ...................................................................................... 9 AP-10 Consultation - 91.100, 91.200(b), 91.215(l) ................................................................................. 11 AP-12 Participation - 91.401, 91.105, 91.200(c) ..................................................................................... 25 Expected Resources ................................................................................................................................... 29 AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) .......................................................................... 29 Annual Goals and Objectives ..................................................................................................................... 32 AP-35 Projects - 91.420, 91.220(d) ......................................................................................................... 34 AP-38 Project Summary ......................................................................................................................... 35 AP-50 Geographic Distribution - 91.420, 91.220(f) ................................................................................ 41 AP-75 Barriers to affordable housing -91.420, 91.220(j) ........................................................................ 43 AP-85 Other Actions - 91.420, 91.220(k) ................................................................................................ 45 Program Specific Requirements ................................................................................................................ 49 275 Annual Action Plan 2024 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of South San Francisco is a participating jurisdiction, receiving an annual allocation of Community Development Block Grant funds, or CDBG. The City is required by the U.S. Department of Housing and Urban Development (HUD) to develop and prepare a Consolidated Plan once every five years and update that Consolidated Plan with an Annual Action Plan each year. Last year, the City developed its PY2023-27 Consolidated Plan using a variety of data sources and input received by residents and stakeholders through a robust community engagement process. The Action Plan lists the individual projects that will be funded to address the needs and goals of the Consolidated Plan. This is the PY2024 Action Plan, the second annual update to the PY2023-2027 Consolidated Plan. Projects funded under this Action Plan will begin on July 1, 2024, and end on June 30, 2025. In alignment with HUD, the City utilizes its CDBG resources to provide decent and affordable housing, provide a suitable living environment, and expand economic opportunities for low- and moderate- income households. The 2023-27 Consolidated Plan articulates a more specific set of goals and priorities to address identified housing and community development needs and describes how the City’s CDBG funds will be utilized to address those needs. The City is also a participating jurisdiction in the San Mateo County HOME Consortium and submits its federal application for HOME funding as part of the HOME Consortium. The City of South San Francisco will receive an allocation of $443,482, a slight reduction from the previous year when the City received $457,048. The draft version of this plan was released for public comment using estimated allocations when the U.S. Congress passing a federal budget, delayed passing a budget until March 8, 2024. HUD had 60 days to provide each participating jurisdiction with the final allocation amounts, which came out on May 7, 2024. In order to keep the Action Plan process moving forward in a timely manner, HUD allowed the City to publish a draft with funding estimates and a contingency plan if the actual amounts differ from those estimates. 276 Annual Action Plan 2024 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The following section summarizes the needs, goals and activities outline in the PY2024 Action Plan. Affordable Housing. With one of the most expensive housing markets in the country, there continues to be a significant need for more affordable housing in South San Francisco, San Mateo County, and the Bay Area. As such, the City will continue its goal of increasing, maintaining, and improving the supply of affordable housing for extremely low- to moderate-income households in South San Francisco. The City will use its CDBG funding and other local funding sources for affordable housing acquisition, rehabilitation, minor home repair, and accessibility modification programs. The City will also continue to administer its First Time Homebuyer loans and Below Market Rate housing unit program and provide assistance through its multifamily rehabilitation program. Public Facility and Infrastructure Improvements. Residents and stakeholders articulated the continued need for investment in the City’s public facilities and infrastructure, particularly in the city's lower- income areas. Specifically, South San Francisco residents wanted to see improvements made to community centers, recreation centers, parks, and street and sidewalk improvements. As such, the City will continue with its goal of preserving and improving public facilities in areas that serve high percentages of low-income residents and special needs populations, as well as facilities used by non- profit organizations that serve these populations. To address these articulated needs, the City will use its CDBG funding, when available and feasible, to preserve, improve, and rehabilitate publicly owned facilities and those utilized by non-profit organizations. Public Services. Throughout the community engagement process, residents and stakeholders identified a critical need for the continued provision of public services for South San Francisco residents. The COVID-19 pandemic only amplified these needs. To meet the increasing needs of these households and populations, the City will continue providing funding to nonprofit agencies and organizations that offer one or more of the following services: • Safety net services; • Behavioral health services; • Life skills training and education services; 277 Annual Action Plan 2024 5 OMB Control No: 2506-0117 (exp. 09/30/2021) • Community improvement services; and • Housing-related services. Homeless Services. Rising housing costs and the cost of living in San Mateo County, as well as the lingering impacts from the COVID-19 pandemic, have disproportionately impacted populations experiencing homelessness. As such, the City will continue to work towards its goal of supporting service-enriched shelter and transitional housing for homeless families and individuals by providing funding, when feasible, to rehabilitate and implement accessibility modifications to emergency and transitional housing. Economic Development. Public input during the Consolidated Plan included supporting economic development, job creation and training. In the current year, the City has identified possible partners for the provision of economic development activities and will address some of the need for higher-paying jobs and wages for South San Francisco residents. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Housing rehabilitation program and minor home repair. The City continued its partnerships with the Center for Independence of Individuals with Disabilities and Rebuilding Together Peninsula to run the minor home repair programs, serving over 70 homeowners throughout the plan. El Concilio previously ran a minor home repair program focused on energy efficiency and sustainability. This program operated at low success rates, not just with the City but across jurisdictions in which El Concilio worked, and the organization chose to shut down its minor home repair program completely. Public improvements: The City has funded public improvement projects that enhanced pedestrian safety and accessibility in the CBDG target areas, including the Breezeway project between 321 and 329 Grand Avenue, the Downtown Breezeway Improvement project at 356 Grand Avenue, and the Avalon Park Pathways Improvement project. Additionally, the City used its CDBG funding for accessibility and other improvements for the Gardiner Park renovation project. The City also used CDBG funding for the Linden Ave Corridor Wi-Fi project, which provided free public Wi-Fi along Linden Avenue between Railroad Avenue and Armour Boulevard. 278 Annual Action Plan 2024 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Public services. South San Francisco has continued its effort to support communities by funding non- profit organizations and agencies that provide a range of public services, including senior services, youth services, homeless services, general social services, and services for persons with disabilities. Through its non-profit partners, the City allocated nearly $240,000 and assisted over 1,100 individuals during the plan period. Economic development. In response to the growing need for economic development assistance, the City of South San Francisco developed the Economic Development Small Business Loan program to fund small local businesses affected by mandatory shutdowns implemented statewide. Since the program was implemented, the City has assisted nearly 50 businesses between 2019-2021, retaining nearly 60 full-time jobs in South San Francisco. In addition to funding programs, South San Francisco has worked towards increasing coordination among agencies and jurisdictions to streamline housing and service assistance processes. These efforts include collaboration with other jurisdictions and San Mateo County in the HOME Consortium, improving coordination with the Continuum of Care, and developing a homelessness response system and team. The San Francisco Bay region has recently benefited from the State of California’s creation of the Bay Area Housing Finance Authority (BAHFA), which, when fully funded and operational, will provide regional coordination and funding for affordable housing. BAHFA has begun the rollout of Doorway, its region-wide affordable housing application portal, in late 2023. For over two years, City staff have joined coordination and planning meetings to provide input about Doorway’s features and operations. The City also requires all new affordable housing developments to utilize Doorway to receive applications to streamline and make more accessible affordable housing in the City. The City remains committed to increasing and preserving housing and providing expanded social services. However, rising housing costs and limited funding have made these efforts more challenging. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. In compliance with 24 CFR part 91.105, the City of South San Francisco’s Citizen Participation Plan (CPP) encourages participation in the development of its Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER), particularly from residents of predominantly low- and moderate-income households. Using the CPP as guidance, the City conducted the following actions to promote and encourage participation in the development of the PY2024 Action Plan: 279 Annual Action Plan 2024 7 OMB Control No: 2506-0117 (exp. 09/30/2021) • The size of South San Francisco is such that staff remain in contact with local stakeholders and community partners throughout the program year. Over the past year, changes in needs of the community have remained steady, and the City is utilizing the extensive input for the development of the Consolidated Plan to guide the development of the PY2024 Action Plan. In coordination with San Mateo County and other entitlement cities in the county, the City consulted with over 40 stakeholders to identify housing, community development, and economic development needs and which populations have the most significant needs. Table 2 of the AP-10 section provides a full list of organizations. Other consultations with these agencies are also noted in that table. • In coordination with the other jurisdictions, the City hosted a virtual Technical Assistance Workshop on January 4, 2024. At this workshop staff described the eligible uses for the CDBG and City funds. City Data Services staff also joined this workshop to provide an overview of how to use the CDS platform. Applications were due by 5:00 pm on January 18, 2024. • The City hosted an in-person meeting on February 21, 2024, to gather feedback on housing, community development, and economic development needs in the city from South San Francisco residents. Spanish interpretation was available at the meeting which was promoted through the City’s email listservs, website, and social media channels. • The City held a public hearing on March 27, 2024, as another opportunity for South San Francisco residents to provide feedback on housing and other needs in the city. A public hearing notice was posted on the City’s website, an email was sent to agencies providing services to low- income residents and the City’s interested stakeholder/organization listserv, and a notice was published in the Daily Journal – Examiner on March 15, 2024. • The City published a draft of the PY2024 Action Plan for a 30-day comment period from April 5, 2024, to May 8, 2024, to provide South San Francisco residents the opportunity to review and comment on the City’s PY2024 Action Plan. A public notice for the 30-day comment period and public hearing was posted on the City’s website, an email was sent to agencies providing services to low-income residents and the City’s interested stakeholder/organization listserv, and a notice was published in the San Mateo County Times on March 27, 2024. • The City will host a second public hearing on May 8, 2024, at the City Council meeting for South San Francisco residents to provide comments on the PY2024 Action Plan. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. A summary of public comments received by the City are included in Appendix B of this plan. 6. Summary of comments or views not accepted and the reasons for not accepting them 280 Annual Action Plan 2024 8 OMB Control No: 2506-0117 (exp. 09/30/2021) A summary of public comments received by the City are included in Appendix B of this plan. 7. Summary As part of the PY2024 Action Plan, the City of South San Francisco will use its CDBG resources, in combination with other local, state, and federal funding, to increase, maintain, and improve the supply of affordable housing for extremely low- to moderate-income families, preserve and improve public facilities in areas that serve a high percentage of low-income residents, support the increasing demand for safety-net and public services, support shelters and housing programs that serve homeless and at- risk households, as well as begin economic development initiatives to increase wages for low- to moderate-income residents. 281 Annual Action Plan 2024 9 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SOUTH SAN FRANCISCO CDBG Administrator SOUTH SAN FRANCISCO Housing Division HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative The City of South San Francisco manages the CDBG funds received from HUD through its Economic and Community Development Department’s Housing Division. In PY2023, the Department divided into two division workforces: 1) Economic Development and 2) Housing. The Housing Division oversees the CDBG Grant. The City partners with the San Mateo HOME Consortium to leverage resources, reduce administrative burdens for shared subrecipients, and improve the economies of scale when developing affordable housing under the HOME program. The San Mateo HOME Consortium includes San Mateo County, the City of San Mateo and all other communities that do not receive their own allocations of CDBG or HOME funding. Consolidated Plan Public Contact Information Alvina Condon, Management Analyst II 282 Annual Action Plan 2024 10 OMB Control No: 2506-0117 (exp. 09/30/2021) City of South San Francisco Economic and Community Development: Housing Division 400 Grand Avenue South San Francisco, CA 94080 (650) 829-6621 283 Annual Action Plan 2024 11 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction As part of the Consolidated Plan process last year, the City partnered with San Mateo County to conduct its public input process. The effort was led by San Mateo County and included public input from multiple participating jurisdictions, including Daly City, Redwood City, San Mateo, and South San Francisco. Information and consultations conducted by the County have been included in this document. The City also worked with the local Continuum of Care (CoC), including the San Mateo County Human Services Agency, as the lead agency for the CoC, to coordinate priorities and goals for the homeless population with this Consolidated Plan. The City of South San Francisco built on that vast outreach to stakeholders last year by continuing conversations with stakeholders to discuss the needs in the community, the continuing demand for affordable housing, or to request data and information resources demonstrating community need. Information and data resources include updates to strategies to address homelessness, public housing initiatives, and other affordable housing projects within the community pipeline. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). The City of South San Francisco regularly partners with other participating jurisdictions. The cohort of entitlement jurisdictions located within San Mateo County meets monthly to coordinate efforts in the community. Many fund the same public and social service agencies that serve the entire area, and management and oversight efforts are combined to save valuable staff time across the jurisdictions. Specific efforts will include: • Work with the County of San Mateo and other entitlement jurisdictions to coordinate and streamline CDBG processes; • Participate in the San Mateo County HOME Consortium and provide representation on the County Housing and Community Development Committee; • Work closely with non-profit social service providers, the County, other entitlement jurisdictions, the School District, and other community providers to coordinate the delivery of services to residents; • Fund non-profit organizations serving low-income residents; • Work with non-profit organizations and private developers to build and maintain affordable housing; 284 Annual Action Plan 2024 12 OMB Control No: 2506-0117 (exp. 09/30/2021) • Continue engagement efforts with BAHFA to help build a more accessible one-stop-shop for affordable housing applications in SSF and across the region; • Work with the Continuum of Care (CoC) to better coordinate homeless services; • Work with the Homeless Outreach Team (HOT) to move the most difficult, long-term homeless individuals out of the Downtown area by placing them in shelters and connecting them with County medical and rehabilitation services; • Continue efforts by the downtown bike patrol to connect people experiencing homelessness to public services that are available to them; and, • Engage in local and state housing legislative updates. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City has a seat on the San Mateo County Continuum of Care (CoC) Steering Committee and is involved in decision-making. The CoC Steering Committee guides the implementation of San Mateo County's homeless services system and undertakes a wide range of efforts to meet the needs of homeless persons and those at risk of homelessness. Chronic homeless. The CoC has created a multi-disciplinary, bi-lingual, Homeless Outreach Team (HOT) to conduct intensive outreach and engagement with unsheltered and chronically homeless people located throughout the County, with specialized HOT teams in the cities of San Mateo, Redwood City, South San Francisco, Half Moon Bay, Pacifica, and East Palo Alto. Families with children: To reduce the number of unsheltered families, the CoC has developed a rapid re-housing program (providing short-term rental assistance plus case management to homeless families). The San Mateo County Human Services Agency has provided funding for a motel voucher program to assist families with children who are waiting to access shelter. Veterans: In November of 2014, the County of San Mateo held a daylong conference to conduct a needs assessment specifically for Veterans. Results demonstrated the need for housing and assistance for Veterans experiencing homelessness, employment, and education services, and improved and increased liaisons with the Veterans Benefits Administration. In 2022, the CoC hosted a focus group on the subpopulations of persons experiencing homelessness as part of the Strategic Planning process, including the needs of veterans. The City utilizes input from stakeholders serving local veterans 285 Annual Action Plan 2024 13 OMB Control No: 2506-0117 (exp. 09/30/2021) experiencing homelessness via its participation on CoC steering committees and listening sessions to set its 2023-2027 Consolidated Plan goals and prioritize funding under its CDBG program under the PY2024 Action Plan. Youth: Currently, HUD CoC funds are provided to the San Mateo County Mental Health Association (MHA) to operate its Support and Advocacy for Young Adults in Transition (SAYAT) Program, which provides case management and housing search/stabilization services to homeless youth. The San Mateo County Housing Authority has a supply of 25 Family Unification Program (FUP) vouchers for youth leaving the foster care system to ensure they do not become homeless. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS South San Francisco does not receive Emergency Solutions Grant (ESG) funding, as the San Mateo County Department of Housing (DOH) is the only ESG recipient in the County. However, the City does participate in CoC Steering Committee meetings as part of its ongoing responsibility in receiving HUD funding. The County DOH coordinates closely with the CoC regarding the County’s ESG, CoC, and CDBG funding and is represented on the CoC Steering Committee. The DOH has also delegated responsibility for management of all ESG funds, plus the portion of the County CDBG funds used for homeless activities, to the CoC Lead Agency, the San Mateo County Human Services Agency (HSA). Management responsibilities include issuing RFPs for ESG funding, awarding contracts, gathering community input, data analysis, and contract monitoring. The CoC Lead Agency is also the Homeless Management Information System (HMIS) Lead Agency and develops the policies and procedures for the operation and administration of HMIS for ESG-funded projects. On an annual basis, the CoC Lead Agency, the San Mateo County Center on Homelessness (COH) compiles a report on how well the community meets the objectives set forth in the HOPE Plan. This includes an analysis of housing development data to track the creation of new units of affordable housing and an analysis of HMIS and Core Service Agency data to track the number of households receiving assistance. Additionally, the CoC’s System Design Subcommittee is developing systemwide performance measures that align with HEARTH and Opening Doors. This work includes developing a recommended methodology for measuring the average length of homelessness that includes the time before program intake. The CoCs System Design Subcommittee will be researching possible methodologies for a more complete tracking of returns to homelessness, including any further HUD guidance if available. The COH regularly monitors all emergency shelter, transitional housing, outreach, supportive housing, rapid re-housing, and prevention programs, which include site visits, analysis of spending rates, and a 286 Annual Action Plan 2024 14 OMB Control No: 2506-0117 (exp. 09/30/2021) review of occupancy data. The monitoring process also includes a review of whether projects are meeting the CoCs project performance standards. In addition, the Project Performance Subcommittee works with the COH to conduct an annual assessment of project performance, identify underachieving projects, and recommend whether projects should be offered technical assistance or should be candidates for re-allocation of their CoC funds. Also, each project in the CoC receives an annual performance report detailing their results in meeting both HUD and the CoC’s established performance measures. San Mateo County Human Services Agency, the designated HMIS Lead Agency, uses HMIS, which incorporates the latest HUD-published data standards and improves the ease of data input and data quality. Additionally, as described in the CoC Governance Charter, the CoC will annually review, revise, and approve (as applicable) the privacy, security, and data quality plans for HMIS. The CoC will also ensure consistent participation of subrecipients in the HMIS and ensure that HMIS is administered in compliance with HMIS Data Standards. 2. Agencies, groups, organizations and others who participated in the process and consultations 287 Annual Action Plan 2024 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization RAPE TRAUMA SERVICES CENTER Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Rape Trauma Services provided comment during a public hearing on March 27, 2024. 2 Agency/Group/Organization Friends of Youth Agency/Group/Organization Type Services-Children Services-Education What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A representative from Friends for Youth provided comment during a public hearing on March 27, 2024. 3 Agency/Group/Organization Community Overcoming Relationship Abuse Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless Services - Victims What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children Non-Homeless Special Needs 288 Annual Action Plan 2024 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A representative from CORA provided comment during a public hearing on March 27, 2024. 4 Agency/Group/Organization HIP HOUSING Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Anti-poverty Strategy Lead-based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Several representatives from HIP Housing provided comment during a public hearing on March 27, 2024. 5 Agency/Group/Organization REBUILDING TOGETHER PENINSULA Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A representative from Rebuilding Together Peninsula provided comment during a public hearing on March 27, 2024. 289 Annual Action Plan 2024 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 6 Agency/Group/Organization HOUSING AUTHORITY OF SAN MATEO COUNTY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Public Housing Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Email staff from agency to assist the writing of needs of public housing residents. 7 Agency/Group/Organization SAN MATEO COUNTY Agency/Group/Organization Type Housing Services - Housing Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Market Analysis Anti-poverty Strategy Coordination Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Monthly Cohort meetings with peer community to discuss the needs of the community and coordinate efforts for the submission of the Action Plan. 290 Annual Action Plan 2024 18 OMB Control No: 2506-0117 (exp. 09/30/2021) 8 Agency/Group/Organization DALY CITY Agency/Group/Organization Type Other government - Local Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Coordination Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Monthly Cohort meetings with peer community to discuss the needs of the community and coordinate efforts for the submission of the Action Plan. 9 Agency/Group/Organization REDWOOD CITY Agency/Group/Organization Type Other government - Local Civic Leaders 291 Annual Action Plan 2024 19 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Coordination Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Monthly Cohort meetings with peer community to discuss the needs of the community and coordinate efforts for the submission of the Action Plan. 10 Agency/Group/Organization City of San Mateo Agency/Group/Organization Type Other government - Local Civic Leaders 292 Annual Action Plan 2024 20 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Coordination Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Monthly Cohort meetings with peer community to discuss the needs of the community and coordinate efforts for the submission of the Action Plan. 11 Agency/Group/Organization YMCA Community Resource Center Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities Services-Persons with HIV/AIDS Services-Health Services-Education Services-Employment Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Anti-poverty Strategy 293 Annual Action Plan 2024 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Outreach related to each public hearing for the plan. City staff met with YMCA leadership on March 12th to understand community needs. YMCA is the City's Core Service Agency and as such the main intake point to all social and housing services for City residents. 12 Agency/Group/Organization OMBUDSMAN PROGRAM OF SAN MATEO COUNTY Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Outreach related to each public hearing for the plan as well as meetings to better understand the types of services Ombudsman Services provides and resources needed. 13 Agency/Group/Organization City of South San Francisco IT Department Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Other government - Local What section of the Plan was addressed by Consultation? Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City consulted with the SSF Information Technology Department regarding broadband services and narrowing the digital divide. The IT department has identified projects and services to narrow the digital divide and provide broadband services, citywide. The IT Department is currently working with the Public Works Department to move forward internet access projects to add connectivity to under-served neighborhoods in the City. 294 Annual Action Plan 2024 22 OMB Control No: 2506-0117 (exp. 09/30/2021) 14 Agency/Group/Organization SAN FRANCISCO FOUNDATION Agency/Group/Organization Type Regional organization Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The SF Foundation is regularly in consultation with City staff as part of the ‘s ongoing engagement in the Foundation’s Housing Policy Fellowship program, a part of the larger Partnership for the Bay s Future initiative. 15 Agency/Group/Organization City of South San Francisco Public Works Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources Agency - Emergency Management Publicly Funded Institution/System of Care What section of the Plan was addressed by Consultation? Hazards Mitigation, resilience measures, flooding Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City of South San Francisco Public Works department is consulted regularly for all resilience measure, resilience the management of flood prone areas, public land or water resources and emergency management. 16 Agency/Group/Organization Association of Bay Area Governments Agency/Group/Organization Type Publicly Funded Institution/System of Care Regional organization Civic Leaders Business and Civic Leaders 295 Annual Action Plan 2024 23 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City engages with ABAG on a large range of topics throughout the year. This includes the City having a Council Member serving on the Executive Board of ABAG, providing leadership and guidance of regional priorities as well as representing the Citys concerns more broadly. Additionally, the Bay Area Housing Finance Authority (BAHFA) is a new component entity of ABAG. The City has engaged regularly with ABAG to identify housing funding. Identify any Agency Types not consulted and provide rationale for not consulting Multiple efforts were made to contact all agencies/organizations required for consultation on the Consolidated Plan. However, despite multiple attempts, not all agencies contacted responded. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care San Mateo Human Services Agency The City has identified the need for homeless services and housing and has set a goal to provide service enriched shelter and transitional housing for homeless individuals. CoC Strategic Plan to End Homelessness San Mateo Human Services Agency The City has identified the need for homeless services and housing and has set a goal to provide service enriched shelter and transitional housing for homeless individuals. This goal overlaps with several goals in the County's updated plan to end homelessness. 296 Annual Action Plan 2024 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? South San Francisco Housing Element City of South San Francisco California State Law requires all jurisdictions to prepare Housing Elements for their General Plans. The Housing Element is a document intended to help jurisdictions identify and plan for housing need, including affordable and special needs housing. The Housing Elements are required to obtain state approval and identify CDBG and other HUD funds as potential affordable housing resources, as well as referencing housing preservation programs funded throughCDBG and HOME programs. Table 3 - Other local / regional / federal planning efforts Narrative As part of the San Mateo County HOME Consortium, the City has worked closely with the County of San Mateo and other HOME Consortium partners in developing its PY2024 Action Plan, as these jurisdictions are on the same grant cycle as the City. Redwood City and Daly City coordinate efforts to develop their PY2024 Action Plans via a joint application process in City Data Services (CDS). CDS allows funding applicants to complete a single application to multiple jurisdictions, making for a simpler process for the applicants and the various jurisdictions. The jurisdictions use the joint effort and monthly Cohort Meetings with these communities to coordinate their funding across the community. The effort enables South San Francisco to fill the needs of the community and the gaps in funding to help the regional community. 297 Annual Action Plan 2024 25 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of South San Francisco revised and formally adopted its updated Citizen Participation Plan (CCP) on January 27, 2021. The plan incorporates all federal regulations, explicitly states its record-keeping protocol, and encourages citizen participation through a variety of methods. The following is a summary of the significant actions the City took to develop the PY2024 Action Plan in compliance with the CCP: • January 4, 2024 — City hosted a Technical Assistance Workshop for applications to learn about City Data Services (CDS) and the application process. CDS staff were in attendance to help with technology issues. • February 21, 2024 — Community meeting to gather housing and community development needs of South San Francisco residents. The CDBG Subcommittee hosted this meeting. • March 27, 2024 — Community Needs Assessment hearing with the CDBG Subcommittee • April 5 to May 8, 2024 —30-day public comment period on the City’s Con Plan and PY2024 One Year Action Plan • May 8, 2024 — Final funding allocations and Public Hearing on the adoption of the City’s PY2024 Action Plan The Revised Amendment to the Program Year 2024 Action Plan was posted for public comment on November 1, 2024. 298 Annual Action Plan 2024 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community The City hosted a Technical Assistance meeting for applicants on 01/04/24. 48 people attended this meeting, not including staff of the CDBG entitlement jurisdictions or our consultants. This meeting was virtual. Questions and comments were based on the application itself and eligible activities for funding. All comments were Accepted. 2 Public Meeting Non- targeted/broad community The CDBG Subcommittee hosted a public meeting to get general feedback and input on the needs of the community on 02/21/24. 0 people attended this meeting. This meeting was in- person. No persons attended the meeting. The meeting became a working session for the group members. No comments were received from the public. 299 Annual Action Plan 2024 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 3 Public Hearing Non- targeted/broad community The City Council hosted a public hearing to get general feedback and input on the needs of the community as well as review applications for funding on 03/27/24. 50 people attended this meeting. This meeting was viewable both in- person and virtually, though public comment was only possible in-person. Five in-person comments were made during the public comment period for the public hearing. All comments were made by past public service grantees in support of the City Council approving continued program funding. Specific comments are listed in Appendix B. N/A 4 30-Day Comment Period Non- targeted/broad community The City posted its PY2024 Action Plan from April 5, 2024 until May 8, 2024. The City did not receive any comments from the public during the 30-day comment period. The City did not receive any comments. N/A 300 Annual Action Plan 2024 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 30-Day Comment period Non- targeted/broad community The City posted the revised first amendment to the Action Plan on November 1, 2024 until November 30, 2024. Table 4 – Citizen Participation Outreach 301 Annual Action Plan 2024 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction At the time of the publication of this document for the 30 Day public comment period, the U.S. Department of Housing and Urban Development (HUD) had yet to announce the annual funding allocations. U.S. Congress passed a budget on March 8, 2024 and announced final allocations May 7, 2024. HUD allows City to publish draft documents utilizing estimates and a contingency plan for the 30 day comment period. The contingency plan is included in the discussion section below. As part of the final document, the City knows it will receive $443,482 of CDBG funding in PY2024. The City estimates it will collect and utilize $7,000 of PY 2024 CDBG program income and $100,000 of unspent CDBG funding from prior years. The City will use funding from the following prior year projects that did not move forward or utilize all their CDBG funding: • El Concilio PY2022: $16,773.26 • El Concilio PY2023: $27,000 • Rebuilding Together NRD PY2022: $1,708.66 • Rebuilding Together SAH PY2022: $43,177.31 AMENDED: The City of South San Francisco, at the close of its PY2023, has determined a larger amount of funding available for prior year projects that had not been expended and not been included in the prior year resources. An additional $566,695 of prior year funding will be 302 Annual Action Plan 2024 30 OMB Control No: 2506-0117 (exp. 09/30/2021) reallocated from: • $87,000 from the 2023 Minor Home Repair project • $77,000 from the 2023 City Sponsored Minor Home Rehabilitation Program, Debris Box, and Emergency Repair • $76,579 from other misc. projects that returned funding • $326,100 from misc. projects that did not utilize all of their funding Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 443,482 7,000 656,695 1,107,177 1,330,446 Funding will be used for the public services, infrastructure development, affordable housing projects for low to moderate income households, removal of unsafe structures, and administration/planning. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City’s CDBG funding is not sufficient to leverage significant private, state, or local funds and can only be provided as a small match in attempts to secure what other non-federal funding might be available. Cuts to CDBG entitlement amounts over the years has resulted in the City 303 Annual Action Plan 2024 31 OMB Control No: 2506-0117 (exp. 09/30/2021) cutting funding to a significant amount of public service organizations that were once provided yearly operating funds. However, there are still limited housing and commercial rehabilitation funds available through the City’s local programs, which do not require matches. The City plans on allocating $100,000 from its local Housing Trust Fund to fill gaps for eligible programs and projects. The City Council will occasionally require a small match of private funds for the loans/grants issued to Downtown businesses through the City’s Commercial Rehabilitation Program. The City does require match for the use of CDBG funds; however, projects with other funds are more likely to be funded. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan CDBG funds have continued to help improve city-owned properties that provide services to low and moderate-income or special-needs residents, such as parks, libraries, community facilities, and the City’s senior center. CDBG funds are used solely for accessibility and non-routine maintenance improvements and occasionally provide minimal leverage to the majority of City funds needed to maintain the facilities. The City plans to allocate $190,000 towards public facility improvements. Details on that project will be included in the project section of this PY2024 Action Plan. Discussion As noted above, the following is a consistency plan the City of South San Francisco will follow if the amount of CDBG funding allocated to the City is different than the estimated amounts above: • The Administration Project will remain at 20% of the annual allocation, and it will increase or decrease to meet that threshold. • If the award is less than the City’s estimate, South San Francisco will decrease funding evenly for activities with 05 Matrix Codes to stay under the Public Services Cap and decrease Public Facility Improvement projects by 65%. • If the award exceeds the City’s estimate, 80% of the surplus will be added to Public Facility Improvement Projects. 304 Annual Action Plan 2024 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increase, Maintain, & Improve Affordable Housing 2023 2027 Affordable Housing Citywide Affordable Housing CDBG: $90,000 Homeowner Housing Rehabilitated: 13 Household Housing Unit 2 Preserve & Improve Public Facilities 2023 2027 Non-Housing Community Development CDBG Services Area Public Facilities and Infrastructure Improvements CDBG: $861,980.78 Other: 1 Other 3 Provide Public Services to Improve Quality of Life 2023 2027 Non-Housing Community Development Citywide Public Services CDBG: $66,500 Public service activities other than Low/Moderate Income Housing Benefit: 392 Persons Assisted 4 Planning and Administration 2023 2027 Non-Housing Community Development Citywide Public Services Affordable Housing Homeless Services and Housing Public Facilities and Infrastructure Improvements CDBG: $88,696 Other: 1 Other 5 Economic Development 2024 2027 Non-Housing Community Development Citywide Public Services CDBG: $0 Table 6 – Goals Summary 305 Annual Action Plan 2024 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Increase, Maintain, & Improve Affordable Housing Goal Description Goal name: Increase, maintain, and improve the supply of affordable housing for extremely low- to moderate-income individuals/families. 2 Goal Name Preserve & Improve Public Facilities Goal Description Goal name: Preserve and improve public facilities that serve a higher percentage of low-income or special needs residents. 3 Goal Name Provide Public Services to Improve Quality of Life Goal Description Goal name: Provide public services to improve the quality of life for low-income individuals and families, including those at risk of becoming homeless and special needs populations. 4 Goal Name Planning and Administration Goal Description Planning and administration funding to support CDBG subrecipients and respond to HUD requirements. 5 Goal Name Economic Development Goal Description Support entrepreneurship programs and businesses, targeting businesses owned by minority populations as well as support low to moderate income households as they seek employment, by covering expenses such as childcare, after- school youth services, etc. 306 Annual Action Plan 2024 34 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-35 Projects - 91.420, 91.220(d) Introduction The City conducts a NOFA process for public service, fair housing, minor home repair, and microenterprise assistance projects on a two-year cycle, renewable as funding is available. The public service projects selected for this PY2024 Action Plan are in the first year of the two-year cycle of awards and continue to meet the goals of the 2023-2027 Consolidated Plan. # Project Name 1 Public Services 2 Minor Home Repair Program 3 Public Facility Improvement Projects 4 Economic Development Activities 5 Planning and Administration Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The housing, community development, and social service needs of underserved populations in South San Francisco far outweigh the amount of local, state, and federal resources, including CDBG, the City has to administer. The City's PY2024 CDBG funding allocations were based on the priorities heard through the community engagement process. The City works with other county jurisdictions and community partners to avoid duplication of services and leverage all available resources. AMENDED: The City of South San Francisco is reallocating funding to public facility projects to address a backlog of unused funding. 307 Annual Action Plan 2024 35 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 308 Annual Action Plan 2024 36 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Public Services Target Area Citywide Goals Supported Provide Public Services to Improve Quality of Life Needs Addressed Public Services Funding CDBG: $66,500 Description The City partners with several organizations. During PY2024, the City will fund a variety of public service programs in the community. This includes homelessness services, legal services and public services benefiting low to moderate income households/clients. This project is eligible under 24 CFR 570.201 (e) the CDBG regulations and will be LMC National Objectives. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities The City anticipates helping 392 persons through the proposed activities. Location Description The City will assist persons and households throughout the City of South San Francisco through the grantees. Grantee administrative addresses are listed below except where noted are facility address within the City when not kept private to ensure safety of clients like in the case of domestic violence service providers. AMEDNDED: The City has updated the various organizations to receive funding under the public service project. Friends for Youth 3460 W Bayshore Rd, Suite 203, Palo Alto, CA 94303 Magic Tooth Bus 1 Avenue of the Palms Avenue, Suite 206, San Francisco, CA 94130 Rape Trauma Services Center 1860 El Camino Real, Suite 406, Burlingame, CA 94010 Renaissance Entrepreneurship Center 366 Grand Ave., South San Francisco, CA 94080 (office and service location) 1848 Bay Road, East Palo Alto, CA 94303 (office and service location) 309 Annual Action Plan 2024 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities AMEDED: The City partners with several organizations. The City will fund: • Friends for Youth, $12,500: will provide quality mentoring relationships and support services to underserved youth as well as wraparound holistic services for youth and their families. • Magic Tooth Bus, $14,000: will provide oral health outreach and dental screenings. • Rape Trauma Services Center, $15,000: will provide mental health services to address the multiple healing needs of child survivors of sexual violence including crisis intervention, individual and group counseling, advocacy, medical/legal and forensic accompaniment, and information and referrals. • Renaissance Entrepreneurship Center $25,000:, will provide customized English and Spanish language small business training classes and workshops, one-on-one consulting, legal and tax assistance, business incubation, and access to resources, markets and networks to assist small business owners in achieving economic mobility and building assets by starting and growing their own sustainable small businesses. 2 Project Name Minor Home Repair Program Target Area Citywide Goals Supported Increase, Maintain, & Improve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $90,000 Description The City will allocate funding to various non-profits that provide minor home repairs and accessibility modifications to low-income homeowners. This project is eligible under 24 CFR 570.202 (a) (1) the CDBG regulations and will meet a LMH National Objective. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities The City anticipates serving 13 low-income households. 310 Annual Action Plan 2024 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City will assist households throughout the City of South San Francisco through the grantees. Grantee administrative addresses are listed below Rebuilding Together Peninsula 841 Kaynyne Street, Redwood City, CA 94063 Planned Activities • Rebuilding Together Peninsula, National Rebuilding Day, $25,000. This funding will be put towards the National Rebuilding Day program, which utilizes volunteers to rehabilitate homes on National Rebuilding Day. • Rebuilding Together Peninsula, Safe at Home, $65,000. This funding goes towards RTP’s Safe at Home year-round program which addresses minor repair needs. 3 Project Name Public Facility Improvement Projects Target Area CDBG Services Area Goals Supported Preserve & Improve Public Facilities Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $861,980.78 Description These funds will be used for public facility and infrastructure improvements in low/mod areas. This project is eligible under 24 CFR 570.201 (c) the CDBG regulations and will meet a LMA National Objective. Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities The City anticipates funds will be used on improvements for one public facility. Location Description These funds will be used for public facility and infrastructure improvements in low mod areas. Planned Activities These funds will be used for public facility and infrastructure improvements that have yet to be determined. 4 Project Name Economic Development Activities Target Area Citywide Goals Supported Economic Development 311 Annual Action Plan 2024 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed Public Services Funding CDBG: $0 Description Economic Development programs will support small business training classes and workshops, business incubation, and access to resources, markets and networks to assist small business owners, growing their own sustainable small businesses. This project is eligible under 24 CFR 570.203 (b) the CDBG regulations and will meet a LMC National Objective. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities This project will serve 30 persons. Location Description The City will assist households throughout the City of South San Francisco via two different locations. The Renaissance Entrepreneurship Center location for the services are below: 366 Grand Ave., South San Francisco, CA 94080 (office and service location) 1848 Bay Road, East Palo Alto, CA 94303 (office and service location) Planned Activities Renaissance Entrepreneurship Center - Microenterprise Assistance: will provide customized English and Spanish language small business training classes and workshops, one-on-one consulting, legal and tax assistance, business incubation, and access to resources, markets and networks to assist small business owners in achieving economic mobility and building assets by starting and growing their own sustainable small businesses. 5 Project Name Planning and Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Public Services Affordable Housing Homeless Services and Housing Public Facilities and Infrastructure Improvements Funding CDBG: $88,696 312 Annual Action Plan 2024 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Description The City will use approximately 20 percent of its entitlement to administer the CDBG program. This project is eligible under 24 CFR 570.206 (c) the CDBG regulations and is not required to meet a National Objective. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description The program will be operated from the City offices located at 400 Grand Avenue, South San Francisco, CA 94080. Planned Activities N/A 313 Annual Action Plan 2024 41 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City has identified the census blocks with more than 51% of residents with low- to moderate-income households. Using the HUD CPD Maps website as a guide, as well as using the HUD GIS dataset, the City has created a CDBG Service Areas map for South San Francisco (see Appendix D). These Service Areas generally meet the CDBG Low to Moderate Area Benefit (LMA) requirements; however, the area known as East 101 is predominantly industrial activities, and CDBG funding will not be spent in this region. The below census blocks meet the CDBG Low to Moderate Area Benefit (LMA) requirements. • 601901-2, 601902-3 • 602000-5 • 602100-1, 602100-3 • 602200-1, 602200-2, 602200-3, 602200-4 • 602300-1 • 602400-1 The city will directly assist these areas through public improvement projects. Geographic Distribution Target Area Percentage of Funds SSF Downtown Tracts 6021, 6022 0 CDBG Target Area 0 CDBG Services Area 33 Citywide 67 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City’s primary strategy for the PY2024 Action is to reduce the housing cost burden and create suitable living environments. In making funding decisions, the City gives priority to activities that: • Meet goals of the 2023-2027 Consolidated Plan • Demonstrate the significance of need • Serve eligible areas within South San Francisco, especially targeting areas with high 314 Annual Action Plan 2024 42 OMB Control No: 2506-0117 (exp. 09/30/2021) concentrations of racial and ethnic minorities or poverty • Are eligible projects or programs under HUD rules • Create visual impacts in the neighborhoods, particularly if an infrastructure project Discussion The City utilizes its CDBG resources to assist as many eligible households and neighborhoods as possible. It will regularly check and monitor its designated low-income areas to ensure they remain eligible for CDBG-funded projects. 315 Annual Action Plan 2024 43 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction According to the 2018 American Community Survey 5-Year Estimates, 53% of South San Francisco renters pay more than 35% of their income towards rent. Additionally, 25% of homeowners in South San Francisco with a mortgage are spending 35% or more of their household income on housing costs (2014- 2018) American Community Survey 5-Year Estimates). This data signifies that a large portion of South San Francisco households are living in unaffordable housing, which in turn is putting them at risk of becoming homeless. While the City actively makes efforts to provide affordable housing to residents, the lack of resources and market conditions pose formidable barriers. The combination of limited resources and the current market conditions have created an unsustainable housing cost environment due to inflated rents and expensive home/land prices. Therefore, the City continually seeks new and innovative ideas to overcome these barriers. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City will continue to monitor and identify areas of improvement in its public policies to foster and maintain the supply of affordable housing and to remove barriers to affordable housing development by: • Implementing zoning to ensure an adequate supply of land meets its Association of Bay Area Governments (ABAG) regional housing needs allocation. • Continuing to implement the City's Inclusionary Housing Ordinance requires that a percentage of new “for sale” residential units be made available as Below Market Rate (BMR) units for low- income residents. The City will also continue to support its existing BMR units. • Investigating new funding sources for the City's affordable housing programs and working with non-profit developers to promote affordable housing development for lower-income households. • Considering fee waivers or deferrals of planning, building, and impact fees for affordable housing developments. • Removing government and public infrastructure constraints to affordable housing development through administrative support, intergovernmental cooperation, public-private partnerships, and permit streamlining. • Continuing to cooperate with other governmental agencies and actively seek solutions to area- wide housing problems. • Encouraging the construction of Accessory Dwelling Units by expedited permitting and providing 316 Annual Action Plan 2024 44 OMB Control No: 2506-0117 (exp. 09/30/2021) architecture The City’s 2022 Housing Element Plan ensures housing stability and eliminates community displacement through policies and actions such as: • Increasing production of housing for extremely low and very low-income households; • Elevating rental assistance to prevent evictions and enhance eligibility for affordable housing; • Measuring benchmarks for involuntary displacement resulting from public and private investments and supporting investments that would offset displacement impacts; and, • Expanding support for CBOs delivering tenant and eviction protection services, as well as financial education and outreach for accessing affordable rental and homeownership opportunities The Housing Element directs the city to more strongly move towards equitable distribution of growth, focusing on small and mid-rise multi-family buildings, through: • Supporting small and midrise buildings by increased development capacity (heights or density) within well-resourced neighborhoods along transit corridors or within low-density neighborhoods • Streamlining approval of small and mid-rise buildings where community benefits are in place, such as serving middle-income households and community benefit uses on the ground floors. Providing technical assistance and financing programs, especially for low-income homeowners, through new programs Discussion The City is continuously looking for opportunities to help address housing needs in the community, especially for lower-income residents. The City hopes to find additional opportunities for partnership in meeting housing needs. 317 Annual Action Plan 2024 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions - 91.420, 91.220(k) Introduction The following sections describe the actions and efforts the City will undertake to meet underserved needs, support affordable housing development, and address lead-based paint hazards. Many of these actions are based upon the importance of coordinating with other jurisdictions, local service providers, and the private sector. With limited funding available, the City's focus will be strategic about leveraging its funds where it can and seeking collaboration among partners to better meet the needs of the community. Actions planned to address obstacles to meeting underserved needs Underserved communities are populations of the community who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. This section of the narrative addresses the City’s plan to address the needs of these communities and populations. The main obstacle the City faces in meeting underserved needs is limited resources for funding programs that benefit. In making funding decisions, the City gives priority to activities that: • Meet a goal of the 2023-2027 Consolidated Plan; • Demonstrate a significance of need; and, • The project or program is eligible under HUD rules. With the loss of California Redevelopment Agency (RDA) funds and declining CDBG entitlements, the City has limited capabilities in meeting all the diverse needs of the community. Additionally, many local service providers are experiencing declines in private and public funding as COVID-19 funding dries up, hindering their ability to meet needs. The City plans to address this obstacle by looking for new funding sources and finding creative ways to leverage and utilize existing funding. Additionally, the City will encourage collaboration amongst itself, other jurisdictions, and non-profits. Actions planned to foster and maintain affordable housing The City will take the following actions to foster and maintain affordable housing throughout the community: • Promote the construction of lower cost units by providing incentives to developers and encouraging mixed-use projects, second units, density bonuses, loft-style units, and manufactured housing. • Strive to preserve and maintain existing affordable housing by using state and federal funds fully to rehabilitate existing housing units. Additionally, the City will continue to support affordable housing for groups with special needs, including seniors, people with disabilities, and people 318 Annual Action Plan 2024 46 OMB Control No: 2506-0117 (exp. 09/30/2021) experiencing homelessness. • Continue to implement its Inclusionary Housing Ordinance that requires a percentage of new "for sale" residential units be made available as Below Market Rate (BMR) units for low-income residents. The City will also continue to support its existing BMR units. • Provide a “how-to guide” for developers introducing new BMR units to the market, which guides resident selection, monitoring, etc. Actions planned to reduce lead-based paint hazards The City will continue to undertake lead-based paint hazard mitigation, when applicable, by the CDBG housing rehabilitation regulations. This can include inspection for lead-based paint, risk assessment, abatement, clean up, disposal work, and clearance testing. This assistance will be in accordance with 24 CFR 35, et al. (9/15/99). A certified risk assessor will inspect all such housing. Actions planned to reduce the number of poverty-level families The City of South San Francisco has a multi-faceted approach to reducing poverty in the community: The City supports numerous efforts to construct and rehabilitate affordable housing. The City’s Housing Rehabilitation Loan Program provides low-interest loans for housing rehabilitation to low-income homeowners to bring their housing up to code. The City’s inclusionary housing ordinance aims to develop Below Market Rate (BMR) housing units affordable to low- and moderate-income households through the housing development process. The City will continue to seek out additional funding sources and partnerships to provide affordable housing throughout the community. Additionally, the City’s Affordable Housing Trust Fund (AHTF) is utilized to support the creation and preservation of affordable housing in South San Francisco for the benefit of low- and moderate-income households. The following projects and activities are eligible to be funded through the City’s AHTF: • Creation of new affordable units; • Preservation of existing affordable housing; • Assistance with multifamily rehabilitation programs; • Conversion of market rate units to affordable housing; • Construction of accessory dwelling units; • Acquisition and rehabilitation of potential limited equity cooperatives; • First time homebuyer loans; and • Predevelopment loans/grants to assist nonprofit and for-profit developers with project feasibility studies, site acquisition and design studies for potential affordable housing 319 Annual Action Plan 2024 47 OMB Control No: 2506-0117 (exp. 09/30/2021) projects. It is also important to note that non-profit organizations in South San Francisco play an important role in providing affordable housing, food, childcare, clothing, and other emergency services to low-income residents. The City partially funds and monitors these organizations through the CDBG Program. Through this multitude of efforts, in collaboration with non-profit agencies, the City is continually working to help reduce the number of families living in poverty. With that said, there are significant challenges to accomplishing this long-term goal. The biggest barrier to the provision of services to lower income families and those at risk of becoming homeless is the lack of adequate state, county, and federal funds for social service activities. For example, CDBG funding for public services is limited to 15% of the City’s entitlement amount and 15% of the prior year's program income. Since program income varies from year to year and is often received after the Action Plan has been drafted and the budgets have been set, it can be difficult to incorporate program income into services funding fully. The City strives for efforts that work creatively and efficiently within these constraints. Actions planned to develop institutional structure The City will continue to make the following efforts to improve institutional structure: • Assist populations experiencing homelessness and populations at risk of experiencing homelessness by supporting non-profits that provide services to these populations; • Work with the Homeless Outreach Team (HOT); • Work with other local jurisdictions as part of the CDBG Work Group to increase collaboration and make administrative and monitoring processes more standardized, compliant, and efficient; • Build and improve relationships with local service providers; and • Coordinate and participate in the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies • Continue to collaborate with the County of San Mateo, private housing developers, lenders, and non-profit housing developers to create more affordable housing; • Continue to participate in the CDBG Work Group and to improve CDBG administrative processes for both sub-recipients and City staff; • Continue to fund non-profit agencies serving low-income residents; • Encourage collaboration and cooperation among local service providers; • Continue to participate in the CoC Steering Committee; • Continue to participate in the San Mateo County HOME Consortium and serve on the San Mateo 320 Annual Action Plan 2024 48 OMB Control No: 2506-0117 (exp. 09/30/2021) County's Housing & Community Development Committee (HCDC); • Support workforce development partnerships that serve residents and employees in South San Francisco; • Continue working with regional economic development groups and promote economic development collaboration; • Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve Downtown; and • Continue to work with the Homeless Outreach Team; this includes the City’s participation on the HOT’s Case Manager Group and Oversight Committee. Discussion The City of South San Francisco has adopted the 2023-2031 Housing Element, including several goals and programs to further fair housing. Below are the actions the City will take to address fair housing during the PY2024 Action Plan. Existing policies and programs that are in place include: • Inclusionary Zoning requiring 15% affordable units in new residential developments • Affordable housing impact/linkage fee on new development • Streamlined processing of ADUs • Provide funding and referrals to fair housing and legal services • Locally funded homebuyer assistance programs • Provide funding and referrals to home-sharing programs New actions the City is undertaking in PY2024 include: • The City is working with a real estate broker to identify vacant land or existing buildings within the City that would be a good candidate for affordable housing development. • Develop an Anti-Displacement Roadmap. This 12-18 month process has kicked off in Spring 2024 and will do a deep dive into data and experiences of residents facing displacement pressures and develop policy recommendations for City Council consideration. 321 Annual Action Plan 2024 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion The 100 percent listed above in #2 Overall Benefit for CDBG is estimated over a three-year period, including program years 2022, 2023 and 2024. 322 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1094 Agenda Date:12/11/2024 Version:1 Item #:17. Report regarding a resolution authorizing the City Manager to execute a Memorandum of Understanding between the County of San Mateo and the South San Francisco Police Department to continue the Community Wellness Crisis Response Team program in South San Francisco for Fiscal Year 2024-25.(Adam Plank,Police Captain) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a Memorandum of Understanding that extends the Community Wellness Crisis Response Team program for Fiscal Year 2024-25. BACKGROUND/DISCUSSION The Community Wellness Crisis Response Team (CWCRT)began as a two-year pilot program with four participating cities (South San Francisco,San Mateo,Daly City,and Redwood City)that embedded a StarVista licensed mental health clinician within each police department.The CWCRT program provides a crisis co- response model (clinician and police officer)that responds to behavioral health-related incidents reported to the department’s dispatch center.The same pilot program concept will now expand to six additional police departments in San Mateo County to incorporate similar programs in those jurisdictions. A Memorandum of Understanding has been drafted between the City of South San Francisco (“City”)and the County of San Mateo Behavioral Health and Recovery Services (“County Services”)to maintain mental health clinician coverage in South San Francisco for next fiscal year.The coverage will continue providing community benefits like early intervention,crisis de-escalation,mental health evaluations,initiating involuntary holds,referrals to additional services,follow-up visits,and support for the involved individuals and their families. The CWCRT two-year pilot program was evaluated by the John W.Gardner Center for Youth and their Communities at Stanford University.The Gardner Center’s impact report identified a 16%reduction of involuntary psychiatric detentions and a 17%reduction in mental health-focused calls for service among the police departments participating in the initial pilot program.The Gardner Center will continue analyzing data and evaluating the CWCRT program at no charge to the City of South San Francisco. The mental health clinician hours are Monday to Friday from 7:30 am to 5:30 pm,which is consistent with when the police department experiences the highest volume of behavioral health-related incidents.Additionally, the department’s CWCRT policy and the clinician’s equipment/workspace are already in place since the program has been operational for the past two years. FISCAL IMPACT Funding for the CWCRT program is included in the City of South San Francisco’s Fiscal Year 2024-25 adopted budget by way of the Opioid Settlement Fund and General Fund.The City of South San Francisco will be responsible for reimbursing the County of San Mateo for the salary,benefits,program City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™323 File #:24-1094 Agenda Date:12/11/2024 Version:1 Item #:17. responsible for reimbursing the County of San Mateo for the salary,benefits,program operations/administration,and equipment costs at a not-to-exceed amount of $249,432.The itemized costs are as follows: Salary and Benefits $176,737 Operations/Administration $68,995 Equipment $3,700 RELATIONSHIP TO STRATEGIC PLAN Acceptance of this meets the Strategic Goals #3:Public Safety by rendering skilled police,fire,and emergency service management. CONCLUSION The CWCRT program offers an alternative response to behavioral health-related incidents and is designed to improve the outcomes of the individuals involved.It enhances the services offered by the South San Francisco Police Department by having a trained mental health clinician available to respond to crisis calls for service, conduct follow-up visits when applicable,and provide regular training/guidance to members of our department. It is recommended that the City Council adopt a resolution approving the proposed Memorandum of Understanding that continues the CWCRT program in South San Francisco. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™324 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF REDWOOD CITY AND SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO FOR THE PROVISION OF COMMUNITY WELLNESS CRISIS RESPONSE TEAM (CWCRT) FY 2024-2025 The purpose of this Agreement is to set forth the agreement between the County of San Mateo (County), acting through the Behavioral Health and Recovery Services (BHRS) of San Mateo County Health; and the City of Redwood City and the City of South San Francisco (each, a City, and collectively referred to herein as the Cities); and each City’s respective police department to continue to provide the Community Wellness Crisis Response Team (CWCRT) program (Program) to improve City and County response to community members experiencing mental health crisis. This Agreement sets forth the terms of a working relationship between the County/BHRS and the Cities, collectively referred to as the Parties, for the provision of embedding licensed clinicians in law enforcement agencies in support of the CWCRT Program. The Cities and the County agree to the following: 1. Exhibits and Attachments Attachment 1 – HIPAA Requirements. 2. Background Information On January 12, 2020, the San Mateo County Board of Supervisors adopted Resolution No. R077937, which approved the Pilot CWCRT Program, a partnership among four city Police Departments (Daly City, South San Francisco, San Mateo, Redwood City, and BHRS, to embed in each city’s police department one mental health licensed clinician to provide a crisis co-response to crisis calls involving mental health issues. The County entered a contract with StarVista to provide the mental health clinicians for the Pilot CWCRT Program, as StarVista was already providing a mobile youth crisis response team. The Pilot CWCRT Program was subsequently approved by each city’s City Council. The Pilot CWCRT Program, launched on December 6, 2021, was designed as a law enforcement co-responder mobile crisis model, based on best practice models in other jurisdictions. The Pilot CWCRT Program enhances City and County response to incidents involving individuals experiencing mental health crises, by supplementing the crisis response with the engagement of a mental health clinician assigned to work with each partner police department. The Pilot CWCRT Program clinicians are StarVista staff contracted with BHRS and assist in the first response by providing early intervention, crisis de-escalation, 5150 evaluation, involuntary hold, and referrals to therapeutic hospitalizations, and guidance to support services for individuals in mental health crisis. BHRS provides ongoing clinical training opportunities, consultation, and oversight on the crisis response work, technical and infrastructure support, and contract monitoring responsibilities. The Pilot CWCRT Program has demonstrated reduction in psychiatric emergency 325 services (PES) admission and improved linkage connection to needed on-going treatment services for the community members in crisis, as reported by John W. Gardner Center for Youth and Their Communities of the Stanford University Graduate School of Education (Gardner Center), based on their evaluation study examining the interventions and assessment methods utilized by the Pilot CWCRT Program participant cities in supporting the population served through the Pilot CWCRT Program during the pilot period. This Agreement will continue the CWCRT Program in the Cities by continuously providing one full-time mental health clinician in the City Police Departments offering first response mental health crisis services as described herein. The Agreement addresses the roles and responsibilities between the Cities and the County. 3. Purpose or Scope of Work The Cities enter into this cooperative and reciprocal Agreement with the County, acting through BHRS, for continuous provision of the CWCRT Program to enhance each City’s response to community members in mental health crisis. In the event of a suspected mental health crisis within a community, once informed, the mental health clinician will respond to the scene together with the City law enforcement officer, exercising their independent judgment and expertise and in collaboration with the City’s law enforcement staff. The goal of the immediate co-response will be to de-escalate the crisis and to support the safety of the individual in crisis, those around the individual, and all responding to the incident. The mental health clinician will then assess the person suspected to be in mental health crisis (the “client”) and determine the best course of action (e.g., temporary mandatory placement in a medical facility for psychiatric evaluation and treatment under Section 5150 of the Welfare and Institutions Code, referral for treatment, etc.). One of the goals of the CWCRT Program is that clients in mental health crisis who come into contact with law enforcement receive early intervention to guide them toward appropriate health services. The mental health clinicians will have been trained in the range of available mental health resources both within BHRS and in the community and, together, the law enforcement/mental health clinician response team will decide on the best course of action and/or resource or program for the client. The County of San Mateo derives direct benefit from the implementation of this Agreement, by way of, for example, increasing its ability to directly respond to community members in mental health crisis; providing Medi-Cal reimbursable services to County clients; enhancing response time for those in need of mental health services and resources; and creating a broader and more effective continuum of care that results in a decrease in justice system contacts. In an effort to achieve a healthy and integrated community, this Agreement represents a collaboration among the Parties to jointly exercise their common powers to enhance community linkages and help stabilize and improve the health and well-being of persons experiencing mental health crisis. Important outcomes include, but are not limited to: residential stability, improved mental health, reduced use of acute and emergency services, and reduced contact with the criminal justice system. 326 4. Relationship of Parties The Parties acknowledge and agree that the services performed under this Agreement by the StarVista mental health clinicians (also referred to as “StarVista clinicians”) are conducted by an independent contractor under a separate agreement between BHRS and StarVista. The StarVista clinicians are part of the StarVista workforce and remain employees of StarVista while providing services under specific terms of an agreement with BHRS, and at no time shall the StarVista clinicians be deemed employees of the Cities or BHRS. Neither the County of San Mateo nor the StarVista clinicians acquire any of the rights, privileges, powers, or advantages of the employees of the Cities. 5. Mutual Responsibilities of Parties 5.1 The Parties agree to adhere to, review, and modify as needed, policies and procedures for the CWCRT Program, regarding, but not limited to, scope of work, chain of communication, necessary training, grievance process, performance concerns, monitoring of the CWCRT Program, supervision of job performance of the StarVista clinicians, and handling and disposition of data generated by CWCRT Program participants. The policies and procedures will reflect the Parties’ mutual understanding that the StarVista clinicians are contracted StarVista employees and professionals who exercise independent clinical judgment and expertise in the performance of their scope of work complying to all the County’s requirements related to crisis mental health services, applicable laws and ethics, and the required documentation and reporting procedures under the BHRS Documentation Guidelines. 5.2 The Parties will develop relevant training plans for the StarVista clinicians and the law enforcement officers to participate in collaborative trainings when appropriate, develop program strategies, and implement protocol of response team in a manner that respects the dignity and diversity of community members. 6. Responsibility of Individual Parties 6.1 Each City, acting through its Police Department, shall be responsible for each of the following:  Provide the assigned StarVista mental health clinician with a workspace, City- specific computer/automation support, and office supplies necessary for all work required within the City’s police station.  Provide mobile police radio to the assigned StarVista mental health clinician for in- field work.  Orient and familiarize assigned StarVista mental health clinician with the Police Department work space, technology and operations, and specific community needs.  Support the assigned StarVista mental health clinician in clinical decisions and referrals.  Provide the assigned StarVista mental health clinician with access to the law enforcement data base system, to the extent necessary to carry out job responsibilities as a BHRS-contracted employee participating in the CWCRT Program.  Work collaboratively with the StarVista mental health clinician to 327 provide necessary law enforcement-related information to assist them in achieving the agreed upon outcomes of the CWCRT Program. 6.2 BHRS shall be responsible for each of the following:  Maintain the StarVista agreement for provision of a trained full-time mental health clinician to be embedded in each of the City Police Departments for the mental health crisis response, as long as said agreement is appropriate and in the County’s best interests.  In the event the County determines in good faith that the StarVista agreement is no longer appropriate and in its best interests, provide sixty (60) days advance written notice of the termination of the StarVista agreement to the Cities, and ensure there shall be no gap in the provision of services of mental health clinicians to the Cities.  The Scope of Work provided by the mental health clinicians will be clearly defined in the BHRS agreement with StarVista, which includes crisis response, crisis de-escalation, crisis assessment, involuntary 5150 hold, short-term follow-up intervention support and case management linkage connection to needed treatment and services. Related training, documentation requirements and data collections will all be detailed in the County’s agreement with StarVista and monitored on an ongoing basis.  Ensure required onboarding documentation orientation, needed 5150 certification training, BHRS and community mental health/substance use services and resources training, and periodic training related to crisis response, crisis de-escalation, crisis assessment, 5150 involuntary hold, laws and ethics are arranged for or provided.  Provide StarVista clinicians with all County equipment and materials necessary to perform the function of a mental health crisis response clinician in the CWCRT Program (i.e. County laptop with needed applications, County car, auto insurance, auto maintenance, ongoing gasoline), and technical support to address related technical issues as they may arise in the use and maintenance of this equipment.  Provide Avatar electronic health record log-in for the purpose of client look-up and documentation of billable and nonbillable mental health services.  Hold meetings with StarVista for the purpose of contract monitoring, quality assurance, and clinical adherence.  Ensure continuous and appropriate supervision of the mental health clinicians by StarVista to provide quality care and clinically appropriate crisis services.  Ensure StarVista clinicians keep and maintain a valid license to engage in their specific mental health discipline in the State of California.  Exercise reasonable care to ensure compliance with all legal, 328 ethical, and clinical requirements related to the contract with the County and the crisis work performed by the StarVista clinicians. 7. Goals and Objectives Goal 1: Law enforcement staff and the mental health clinicians will respond together to active crisis situations where mental health crisis is a factor. Goal 2: Improve outcomes for individuals experiencing a crisis due to mental illness or suspected mental illness. Goal 3: Increase access to appropriate behavioral health resources, services, and treatment. Goal 4: Provide clinical consultation, training, and support to law enforcement personnel in the field. Goal 5: Increase knowledge of mental health conditions and effective intervention strategies among law enforcement personnel. Goal 6: Law enforcement will strengthen relationships with service providers and community. The Parties agree to meet and confer periodically to continuously assess and revise program goals, and to add new program goals, as appropriate. 8. Special Terms and Conditions 8.1 Coordination and Oversight The assigned BHRS Clinical Services Manager will be responsible for the oversight of the StarVista contract and its progress status with StarVista, provide ongoing clinical consult, training, and quality assurance/quality improvement of the services provided by the StarVista clinicians. The Chiefs of the Police Departments and the BHRS Clinical Services Manager overseeing the StarVista agreement will participate in the quarterly oversight CWCRT Advisory meetings, as well as in the Working Group meetings as needed, to monitor the progress of the CWCRT Program towards its objectives, review any operational issues that have arisen, and identify items for ongoing work plan. 8.2 Conflict Resolution In the event of disagreements or conflicts between the Parties to this Agreement, the disagreement or conflict will be referred initially and in writing to the assigned Captains from the Cities and the Clinical Services Manager at BHRS. In the event consultation at that level does not resolve the disagreement or conflict, then the Chief of Police or their designee of the relevant Police Department(s), BHRS Clinical Services Manager, and BHRS’ 329 Deputy Director of Adult and Older Adult Services shall meet and confer and attempt to resolve the matter. Finally, in the event the disagreement or conflict remains, the BHRS Director or their designee and the Chief(s) shall meet and confer. BHRS will obtain the participation of StarVista in the resolution process, as BHRS determines is appropriate. If the disagreement or conflict pertains to the performance of the assigned StarVista clinician, the disagreement or conflict will be referred initially and in writing to the assigned StarVista Program Manager/Chief Executive Officer and the BHRS Clinical Services Manager. In the event consultation at that level does not resolve the disagreement or conflict, above-noted meet-and- confer steps shall be followed. Finally, in the event the disagreement or conflict remains, StarVista shall remove the assigned mental health clinician and exercise reasonable diligence to identify and provide a qualified replacement. These conflict resolution steps will be clearly detailed in the BHRS-Star Vista agreement. 8.3 Staffing and Supervision The CWCRT Program under this agreement will consist of two full time mental health clinicians who must be licensed or license-eligible to provide mental health services by appropriate State of California licensing authorities. Under the BHRS agreement with StarVista, StarVista will be responsible for hiring the mental health clinicians if the current clinicians vacate their position and the hiring processes. The City will be entitled to assign one member to the StarVista hiring panel, if it so prefers. 8.4 Records and Confidentiality Records created by the StarVista clinicians shall be considered the County’s records, free from the control and direction of any other party to this Agreement. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality. The Parties agree that the StarVista clinicians must adhere to the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). BHRS will train the StarVista clinicians on federal, state, and local policies and procedures with respect to the confidentiality and use or disclosure of protected health information of clients as necessary and appropriate for the StarVista clinicians to carry out their functions. BHRS will provide the StarVista clinicians with the appropriate Health System policies and procedures, which are subject to change from time to time. The County reserves the right to take appropriate action for violation of its policies; such action may include the immediate termination of the contract work with StarVista or strong recommendation of the immediate termination of the specific StarVista clinician who violates Federal, State, or local law and policy. BHRS shall maintain beneficiary medical and/or clinical records for a period of ten (10) years, except that the records of the persons under age eighteen (18) at the time of treatment shall be maintained: a) until one (1) year 330 beyond the person's eighteenth (18th) birthday or b) for a period of ten (10) years beyond the date of discharge, whichever is later. This rule does not supersede professional standards (BHRS is allowed to maintain records for a longer period of time if required by other regulations or licenses). 9. Hold Harmless and Indemnification 9.1. It is agreed that the County shall defend, hold harmless, and indemnify each of the Cities and their officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants. 9.2. It is agreed that each of the Cities shall defend, save harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of a City or Cities and/or their respective officers, employees, agents and servants. 9.3. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 9.4. In the event of concurrent negligence (or intentional/reckless acts) of a City or Cities and/or their respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault. 10. Term and Termination 10.1. Term The Agreement shall be effective immediately upon signature of all the parties. Unless terminated earlier pursuant to Section 10.3, the term of the Agreement is from July 1,2024 through June 30,2025. 10.2. Amendment/Modification Process All subsequent modifications or amendments to this Agreement shall be in writing and signed by each of the Parties hereto before they will be effective. 10.3. Termination Any party upon tendering sixty (60) days written notice to the other parties 331 may terminate this Agreement. County will be paid for work performed up to the termination date; however, the total will not exceed the amount payable per City under this Agreement. Each City will determine the final payment amount based upon the value of the work product delivered to that City and the percentage of the services performed. 10.4. Potential Termination of StarVista agreement In the event the County determines that the StarVista agreement is no longer appropriate and in its best interests as set forth in Section 6.2, the County must provide 60 days advance written notice of the termination of the StarVista agreement. If the event of termination of the StarVista agreement, each City has sole discretion to terminate this Agreement at that time or accept a comparable replacement mental health clinician provided by the County for the remainder of the Agreement term. 11. Funding/Financial Responsibilities Each City will pay the County a not-to-exceed amount of two hundred forty-nine thousand four hundred thirty-two Dollars ($249,432.00) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by County, payable as set forth below. Not To Exceed Amount per City Reimbursed salary and benefit costs NTE $176,737 Auto, Equipment and Supplies NTE $3,700 Operations and Administration NTE $68,995 Total NTE $249,432.00 11.1. Services for StarVista Clinician Personnel costs for the two full-time clinicians are 100% covered by the Cities with Redwood City covering for one full-time clinician and South San Francisco covering for one full-time clinician. The City shall reimburse the County for one hundred percent (100%) of these salary and benefit costs of the clinician for services rendered to date on a bi-annual basis, upon invoice by the County. The total reimbursement for one full time mental health clinician by StarVista for FY 24-25 shall not exceed the amount of $176,737.00. BHRS Fiscal will invoice the City Fiscal directly every six months; reimbursement from the City is expected within twenty (20) business days. The City shall provide the contact information of its Fiscal to BHRS at the time of signing this Agreement. The City will reimburse the County for any future Board Approved Cost of Living Adjustment (COLA) following a written amendment executed by all Parties. Personnel costs for the training, clinical consult, and technical support from the County are 100% covered by BHRS. 11.2. Auto, Equipment, and Supplies Costs 332 The County laptop, with all required applications and software licenses needed for the clinical documentation by the StarVista clinicians, is 100% covered by BHRS. BHRS will provide each City with a County car. Each City will reimburse the County for the cost of maintenance expenses related to their assigned clinician’s use of the County car, including car insurance, maintenance, and gasoline. The total reimbursement per City shall not to exceed $3,700 per year per car . BHRS Fiscal shall invoice the City on a bi-annual basis; reimbursement from the City is expected within twenty (20) business days. 11.3. Operations, Administration and Supplies Costs Each City will reimburse their assigned clinician’s Operating Costs, Administrative Costs, and Supplies Costs incurred by StarVista for the clinicians for the term of this Agreement. The total reimbursement will not exceed $68,995 per City per year. Invoicing for these administrative costs will be identical to that described in Section 11.1. Operating and Supplies costs incurred by StarVista include, CWCRT program supplies, IT hardware – cellphones, telephone (subscription charges), recruiting (3rd Party Recruiter), StarVista office rent, training, filing fees/fingerprints, and employee health screening. Administration costs incurred by StarVista include 15% Indirect Cost. 12. Contact Information The following is contact information of the persons responsible from each party/entity for the completion and maintenance of this Agreement: 12.1. Party A (County of San Mateo) Information Name: Mike Callagy Address: 500 County Center Redwood City, CA 94063 Telephone: (650)-363-4129 Email: Mcallagy@smcgov.org 12.3 Party C (City of South San Francisco) Information Name: Scott Campbell Address: 1 Chestnut Avenue South San Francisco, CA 94080 Telephone: (650)-877-8900 Email: Web-pd@ssf.net 12.4 Party D (City of Redwood City) Information Name: Kristina Bell Address: 1301 Maple Street Redwood City, CA 94063 333 Telephone: (650)-780-7100 Email: RCPD@redwoodcity.org Effective Date and Signatures: This Agreement shall be effective upon the signature of all parties’ authorized officials. All Parties indicate agreement with this Agreement by their signatures. Signatures and dates: _______________________________________ Mike Callagy, Chief Executive Officer County of San Mateo Date Jei Africa, Director of BHRS County of San Mateo Date Kristina Bell, Police Chief City of Redwood City Date ______________________ Melissa Stevenson Diaz City Manager, Redwood City __________________________________________ Date 10/21/2024 334 Scott Campbell, Police Chief City of South San Francisco Date ___________________________ Sharon Ranals City Manager, South San Francisco ______________________ Date 335 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 1 Attachment 1 Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements DEFINITIONS Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified. a.Business Associate. “Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor. b.Covered Entity. "Covered entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement shall mean County. c.HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d.Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501. e.Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f.Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g). g.Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h.Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 160.103 and is limited to the information created or received by Business Associate from or on behalf of County. i.Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.103. j.Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee. k.Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low 336 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 2 probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment: 1. Nature and extent of PHI included, identifiers and likelihood of re-identification; 2. Identity of the unauthorized person or to whom impermissible disclosure was made; 3. Whether PHI was actually viewed or only the opportunity to do so existed; 4. The extent to which the risk has been mitigated. l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C. m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system. “Security Incident” includes all incidents that constitute breaches of unsecured protected health information. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement. g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524. 337 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 3 i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County. j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI. p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS ASSOCIATE Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County. 338 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 4 OBLIGATIONS OF COUNTY a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522. PERMISSIBLE REQUESTS BY COUNTY County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate. DUTIES UPON TERMINATION OF AGREEMENT a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information. MISCELLANEOUS a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. 339 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 5 c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement. d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule. e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate. 340 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1095 Agenda Date:12/11/2024 Version:1 Item #:17a. Resolution authorizing the City Manager to execute a Memorandum of Understanding between the County of San Mateo and the South San Francisco Police Department to continue the Community Wellness Crisis Response Team program in South San Francisco for Fiscal Year 2024-25. WHEREAS, the Community Wellness Crisis Response Team (“CWCRT”) began as a two-year pilot program (“CWCRT Program”) that embedded a StarVista licensed mental health clinician within the police department; and WHEREAS, the two-year pilot program was evaluated by the John W. Gardner Center for Youth and their Communities at Stanford University (“Gardner Center”), for which the resulting impact report identified a 16% reduction of involuntary psychiatric detentions and a 17% reduction in mental health-focused calls for service; and WHEREAS, the proposed Memorandum of Understanding (“MOU”) between the City of South San Francisco (“City”) and the County of San Mateo Behavioral Health and Recovery Services (“County Services”) will maintain mental health clinician coverage in South San Francisco for Fiscal Year (FY) 2024-25; and WHEREAS, the coverage provided by County Services will continue to provide community benefits such as early intervention, crisis de-escalation, mental health evaluations, initiating involuntary holds, referrals to additional services, follow-up visits, and support; and WHEREAS, the Gardner Center will continue analyzing data and evaluating the CWCRT program at no charge to the City of South San Francisco; and WHEREAS, funding for the CWCRT program is included in the City of South San Francisco’s FY 2024-25 adopted budget by way of the Opioid Settlement Fund and the General Fund; and WHEREAS, the City will reimburse the County of San Mateo for the salary, benefits, program operations/administration, and equipment costs in an amount not to exceed $249,432. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve the Memorandum of Understanding between the City of South San Francisco and the County of San Mateo to continue the Community Wellness Crisis Response Team Program. BE IT FURTHER RESOLVED that the City Council affirms the appropriations in the Opioid Settlement Fund and General Fund for the Police Department, which are reflected in FY 2024-25 adopted budget. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager or designee to execute the agreement and any other documents on behalf of the City to carry out the intent of this resolution, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™341 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF REDWOOD CITY AND SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO FOR THE PROVISION OF COMMUNITY WELLNESS CRISIS RESPONSE TEAM (CWCRT) FY 2024-2025 The purpose of this Agreement is to set forth the agreement between the County of San Mateo (County), acting through the Behavioral Health and Recovery Services (BHRS) of San Mateo County Health; and the City of Redwood City and the City of South San Francisco (each, a City, and collectively referred to herein as the Cities); and each City’s respective police department to continue to provide the Community Wellness Crisis Response Team (CWCRT) program (Program) to improve City and County response to community members experiencing mental health crisis. This Agreement sets forth the terms of a working relationship between the County/BHRS and the Cities, collectively referred to as the Parties, for the provision of embedding licensed clinicians in law enforcement agencies in support of the CWCRT Program. The Cities and the County agree to the following: 1. Exhibits and Attachments Attachment 1 – HIPAA Requirements. 2. Background Information On January 12, 2020, the San Mateo County Board of Supervisors adopted Resolution No. R077937, which approved the Pilot CWCRT Program, a partnership among four city Police Departments (Daly City, South San Francisco, San Mateo, Redwood City, and BHRS, to embed in each city’s police department one mental health licensed clinician to provide a crisis co-response to crisis calls involving mental health issues. The County entered a contract with StarVista to provide the mental health clinicians for the Pilot CWCRT Program, as StarVista was already providing a mobile youth crisis response team. The Pilot CWCRT Program was subsequently approved by each city’s City Council. The Pilot CWCRT Program, launched on December 6, 2021, was designed as a law enforcement co-responder mobile crisis model, based on best practice models in other jurisdictions. The Pilot CWCRT Program enhances City and County response to incidents involving individuals experiencing mental health crises, by supplementing the crisis response with the engagement of a mental health clinician assigned to work with each partner police department. The Pilot CWCRT Program clinicians are StarVista staff contracted with BHRS and assist in the first response by providing early intervention, crisis de-escalation, 5150 evaluation, involuntary hold, and referrals to therapeutic hospitalizations, and guidance to support services for individuals in mental health crisis. BHRS provides ongoing clinical training opportunities, consultation, and oversight on the crisis response work, technical and infrastructure support, and contract monitoring responsibilities. The Pilot CWCRT Program has demonstrated reduction in psychiatric emergency 342 services (PES) admission and improved linkage connection to needed on-going treatment services for the community members in crisis, as reported by John W. Gardner Center for Youth and Their Communities of the Stanford University Graduate School of Education (Gardner Center), based on their evaluation study examining the interventions and assessment methods utilized by the Pilot CWCRT Program participant cities in supporting the population served through the Pilot CWCRT Program during the pilot period. This Agreement will continue the CWCRT Program in the Cities by continuously providing one full-time mental health clinician in the City Police Departments offering first response mental health crisis services as described herein. The Agreement addresses the roles and responsibilities between the Cities and the County. 3. Purpose or Scope of Work The Cities enter into this cooperative and reciprocal Agreement with the County, acting through BHRS, for continuous provision of the CWCRT Program to enhance each City’s response to community members in mental health crisis. In the event of a suspected mental health crisis within a community, once informed, the mental health clinician will respond to the scene together with the City law enforcement officer, exercising their independent judgment and expertise and in collaboration with the City’s law enforcement staff. The goal of the immediate co-response will be to de-escalate the crisis and to support the safety of the individual in crisis, those around the individual, and all responding to the incident. The mental health clinician will then assess the person suspected to be in mental health crisis (the “client”) and determine the best course of action (e.g., temporary mandatory placement in a medical facility for psychiatric evaluation and treatment under Section 5150 of the Welfare and Institutions Code, referral for treatment, etc.). One of the goals of the CWCRT Program is that clients in mental health crisis who come into contact with law enforcement receive early intervention to guide them toward appropriate health services. The mental health clinicians will have been trained in the range of available mental health resources both within BHRS and in the community and, together, the law enforcement/mental health clinician response team will decide on the best course of action and/or resource or program for the client. The County of San Mateo derives direct benefit from the implementation of this Agreement, by way of, for example, increasing its ability to directly respond to community members in mental health crisis; providing Medi-Cal reimbursable services to County clients; enhancing response time for those in need of mental health services and resources; and creating a broader and more effective continuum of care that results in a decrease in justice system contacts. In an effort to achieve a healthy and integrated community, this Agreement represents a collaboration among the Parties to jointly exercise their common powers to enhance community linkages and help stabilize and improve the health and well-being of persons experiencing mental health crisis. Important outcomes include, but are not limited to: residential stability, improved mental health, reduced use of acute and emergency services, and reduced contact with the criminal justice system. 343 4. Relationship of Parties The Parties acknowledge and agree that the services performed under this Agreement by the StarVista mental health clinicians (also referred to as “StarVista clinicians”) are conducted by an independent contractor under a separate agreement between BHRS and StarVista. The StarVista clinicians are part of the StarVista workforce and remain employees of StarVista while providing services under specific terms of an agreement with BHRS, and at no time shall the StarVista clinicians be deemed employees of the Cities or BHRS. Neither the County of San Mateo nor the StarVista clinicians acquire any of the rights, privileges, powers, or advantages of the employees of the Cities. 5. Mutual Responsibilities of Parties 5.1 The Parties agree to adhere to, review, and modify as needed, policies and procedures for the CWCRT Program, regarding, but not limited to, scope of work, chain of communication, necessary training, grievance process, performance concerns, monitoring of the CWCRT Program, supervision of job performance of the StarVista clinicians, and handling and disposition of data generated by CWCRT Program participants. The policies and procedures will reflect the Parties’ mutual understanding that the StarVista clinicians are contracted StarVista employees and professionals who exercise independent clinical judgment and expertise in the performance of their scope of work complying to all the County’s requirements related to crisis mental health services, applicable laws and ethics, and the required documentation and reporting procedures under the BHRS Documentation Guidelines. 5.2 The Parties will develop relevant training plans for the StarVista clinicians and the law enforcement officers to participate in collaborative trainings when appropriate, develop program strategies, and implement protocol of response team in a manner that respects the dignity and diversity of community members. 6. Responsibility of Individual Parties 6.1 Each City, acting through its Police Department, shall be responsible for each of the following:  Provide the assigned StarVista mental health clinician with a workspace, City- specific computer/automation support, and office supplies necessary for all work required within the City’s police station.  Provide mobile police radio to the assigned StarVista mental health clinician for in- field work.  Orient and familiarize assigned StarVista mental health clinician with the Police Department work space, technology and operations, and specific community needs.  Support the assigned StarVista mental health clinician in clinical decisions and referrals.  Provide the assigned StarVista mental health clinician with access to the law enforcement data base system, to the extent necessary to carry out job responsibilities as a BHRS-contracted employee participating in the CWCRT Program.  Work collaboratively with the StarVista mental health clinician to 344 provide necessary law enforcement-related information to assist them in achieving the agreed upon outcomes of the CWCRT Program. 6.2 BHRS shall be responsible for each of the following:  Maintain the StarVista agreement for provision of a trained full-time mental health clinician to be embedded in each of the City Police Departments for the mental health crisis response, as long as said agreement is appropriate and in the County’s best interests.  In the event the County determines in good faith that the StarVista agreement is no longer appropriate and in its best interests, provide sixty (60) days advance written notice of the termination of the StarVista agreement to the Cities, and ensure there shall be no gap in the provision of services of mental health clinicians to the Cities.  The Scope of Work provided by the mental health clinicians will be clearly defined in the BHRS agreement with StarVista, which includes crisis response, crisis de-escalation, crisis assessment, involuntary 5150 hold, short-term follow-up intervention support and case management linkage connection to needed treatment and services. Related training, documentation requirements and data collections will all be detailed in the County’s agreement with StarVista and monitored on an ongoing basis.  Ensure required onboarding documentation orientation, needed 5150 certification training, BHRS and community mental health/substance use services and resources training, and periodic training related to crisis response, crisis de-escalation, crisis assessment, 5150 involuntary hold, laws and ethics are arranged for or provided.  Provide StarVista clinicians with all County equipment and materials necessary to perform the function of a mental health crisis response clinician in the CWCRT Program (i.e. County laptop with needed applications, County car, auto insurance, auto maintenance, ongoing gasoline), and technical support to address related technical issues as they may arise in the use and maintenance of this equipment.  Provide Avatar electronic health record log-in for the purpose of client look-up and documentation of billable and nonbillable mental health services.  Hold meetings with StarVista for the purpose of contract monitoring, quality assurance, and clinical adherence.  Ensure continuous and appropriate supervision of the mental health clinicians by StarVista to provide quality care and clinically appropriate crisis services.  Ensure StarVista clinicians keep and maintain a valid license to engage in their specific mental health discipline in the State of California.  Exercise reasonable care to ensure compliance with all legal, 345 ethical, and clinical requirements related to the contract with the County and the crisis work performed by the StarVista clinicians. 7. Goals and Objectives Goal 1: Law enforcement staff and the mental health clinicians will respond together to active crisis situations where mental health crisis is a factor. Goal 2: Improve outcomes for individuals experiencing a crisis due to mental illness or suspected mental illness. Goal 3: Increase access to appropriate behavioral health resources, services, and treatment. Goal 4: Provide clinical consultation, training, and support to law enforcement personnel in the field. Goal 5: Increase knowledge of mental health conditions and effective intervention strategies among law enforcement personnel. Goal 6: Law enforcement will strengthen relationships with service providers and community. The Parties agree to meet and confer periodically to continuously assess and revise program goals, and to add new program goals, as appropriate. 8. Special Terms and Conditions 8.1 Coordination and Oversight The assigned BHRS Clinical Services Manager will be responsible for the oversight of the StarVista contract and its progress status with StarVista, provide ongoing clinical consult, training, and quality assurance/quality improvement of the services provided by the StarVista clinicians. The Chiefs of the Police Departments and the BHRS Clinical Services Manager overseeing the StarVista agreement will participate in the quarterly oversight CWCRT Advisory meetings, as well as in the Working Group meetings as needed, to monitor the progress of the CWCRT Program towards its objectives, review any operational issues that have arisen, and identify items for ongoing work plan. 8.2 Conflict Resolution In the event of disagreements or conflicts between the Parties to this Agreement, the disagreement or conflict will be referred initially and in writing to the assigned Captains from the Cities and the Clinical Services Manager at BHRS. In the event consultation at that level does not resolve the disagreement or conflict, then the Chief of Police or their designee of the relevant Police Department(s), BHRS Clinical Services Manager, and BHRS’ 346 Deputy Director of Adult and Older Adult Services shall meet and confer and attempt to resolve the matter. Finally, in the event the disagreement or conflict remains, the BHRS Director or their designee and the Chief(s) shall meet and confer. BHRS will obtain the participation of StarVista in the resolution process, as BHRS determines is appropriate. If the disagreement or conflict pertains to the performance of the assigned StarVista clinician, the disagreement or conflict will be referred initially and in writing to the assigned StarVista Program Manager/Chief Executive Officer and the BHRS Clinical Services Manager. In the event consultation at that level does not resolve the disagreement or conflict, above-noted meet-and- confer steps shall be followed. Finally, in the event the disagreement or conflict remains, StarVista shall remove the assigned mental health clinician and exercise reasonable diligence to identify and provide a qualified replacement. These conflict resolution steps will be clearly detailed in the BHRS-Star Vista agreement. 8.3 Staffing and Supervision The CWCRT Program under this agreement will consist of two full time mental health clinicians who must be licensed or license-eligible to provide mental health services by appropriate State of California licensing authorities. Under the BHRS agreement with StarVista, StarVista will be responsible for hiring the mental health clinicians if the current clinicians vacate their position and the hiring processes. The City will be entitled to assign one member to the StarVista hiring panel, if it so prefers. 8.4 Records and Confidentiality Records created by the StarVista clinicians shall be considered the County’s records, free from the control and direction of any other party to this Agreement. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality. The Parties agree that the StarVista clinicians must adhere to the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). BHRS will train the StarVista clinicians on federal, state, and local policies and procedures with respect to the confidentiality and use or disclosure of protected health information of clients as necessary and appropriate for the StarVista clinicians to carry out their functions. BHRS will provide the StarVista clinicians with the appropriate Health System policies and procedures, which are subject to change from time to time. The County reserves the right to take appropriate action for violation of its policies; such action may include the immediate termination of the contract work with StarVista or strong recommendation of the immediate termination of the specific StarVista clinician who violates Federal, State, or local law and policy. BHRS shall maintain beneficiary medical and/or clinical records for a period of ten (10) years, except that the records of the persons under age eighteen (18) at the time of treatment shall be maintained: a) until one (1) year 347 beyond the person's eighteenth (18th) birthday or b) for a period of ten (10) years beyond the date of discharge, whichever is later. This rule does not supersede professional standards (BHRS is allowed to maintain records for a longer period of time if required by other regulations or licenses). 9. Hold Harmless and Indemnification 9.1. It is agreed that the County shall defend, hold harmless, and indemnify each of the Cities and their officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants. 9.2. It is agreed that each of the Cities shall defend, save harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of a City or Cities and/or their respective officers, employees, agents and servants. 9.3. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 9.4. In the event of concurrent negligence (or intentional/reckless acts) of a City or Cities and/or their respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault. 10. Term and Termination 10.1. Term The Agreement shall be effective immediately upon signature of all the parties. Unless terminated earlier pursuant to Section 10.3, the term of the Agreement is from July 1,2024 through June 30,2025. 10.2. Amendment/Modification Process All subsequent modifications or amendments to this Agreement shall be in writing and signed by each of the Parties hereto before they will be effective. 10.3. Termination Any party upon tendering sixty (60) days written notice to the other parties 348 may terminate this Agreement. County will be paid for work performed up to the termination date; however, the total will not exceed the amount payable per City under this Agreement. Each City will determine the final payment amount based upon the value of the work product delivered to that City and the percentage of the services performed. 10.4. Potential Termination of StarVista agreement In the event the County determines that the StarVista agreement is no longer appropriate and in its best interests as set forth in Section 6.2, the County must provide 60 days advance written notice of the termination of the StarVista agreement. If the event of termination of the StarVista agreement, each City has sole discretion to terminate this Agreement at that time or accept a comparable replacement mental health clinician provided by the County for the remainder of the Agreement term. 11. Funding/Financial Responsibilities Each City will pay the County a not-to-exceed amount of two hundred forty-nine thousand four hundred thirty-two Dollars ($249,432.00) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by County, payable as set forth below. Not To Exceed Amount per City Reimbursed salary and benefit costs NTE $176,737 Auto, Equipment and Supplies NTE $3,700 Operations and Administration NTE $68,995 Total NTE $249,432.00 11.1. Services for StarVista Clinician Personnel costs for the two full-time clinicians are 100% covered by the Cities with Redwood City covering for one full-time clinician and South San Francisco covering for one full-time clinician. The City shall reimburse the County for one hundred percent (100%) of these salary and benefit costs of the clinician for services rendered to date on a bi-annual basis, upon invoice by the County. The total reimbursement for one full time mental health clinician by StarVista for FY 24-25 shall not exceed the amount of $176,737.00. BHRS Fiscal will invoice the City Fiscal directly every six months; reimbursement from the City is expected within twenty (20) business days. The City shall provide the contact information of its Fiscal to BHRS at the time of signing this Agreement. The City will reimburse the County for any future Board Approved Cost of Living Adjustment (COLA) following a written amendment executed by all Parties. Personnel costs for the training, clinical consult, and technical support from the County are 100% covered by BHRS. 11.2. Auto, Equipment, and Supplies Costs 349 The County laptop, with all required applications and software licenses needed for the clinical documentation by the StarVista clinicians, is 100% covered by BHRS. BHRS will provide each City with a County car. Each City will reimburse the County for the cost of maintenance expenses related to their assigned clinician’s use of the County car, including car insurance, maintenance, and gasoline. The total reimbursement per City shall not to exceed $3,700 per year per car . BHRS Fiscal shall invoice the City on a bi-annual basis; reimbursement from the City is expected within twenty (20) business days. 11.3. Operations, Administration and Supplies Costs Each City will reimburse their assigned clinician’s Operating Costs, Administrative Costs, and Supplies Costs incurred by StarVista for the clinicians for the term of this Agreement. The total reimbursement will not exceed $68,995 per City per year. Invoicing for these administrative costs will be identical to that described in Section 11.1. Operating and Supplies costs incurred by StarVista include, CWCRT program supplies, IT hardware – cellphones, telephone (subscription charges), recruiting (3rd Party Recruiter), StarVista office rent, training, filing fees/fingerprints, and employee health screening. Administration costs incurred by StarVista include 15% Indirect Cost. 12. Contact Information The following is contact information of the persons responsible from each party/entity for the completion and maintenance of this Agreement: 12.1. Party A (County of San Mateo) Information Name: Mike Callagy Address: 500 County Center Redwood City, CA 94063 Telephone: (650)-363-4129 Email: Mcallagy@smcgov.org 12.3 Party C (City of South San Francisco) Information Name: Scott Campbell Address: 1 Chestnut Avenue South San Francisco, CA 94080 Telephone: (650)-877-8900 Email: Web-pd@ssf.net 12.4 Party D (City of Redwood City) Information Name: Kristina Bell Address: 1301 Maple Street Redwood City, CA 94063 350 Telephone: (650)-780-7100 Email: RCPD@redwoodcity.org Effective Date and Signatures: This Agreement shall be effective upon the signature of all parties’ authorized officials. All Parties indicate agreement with this Agreement by their signatures. Signatures and dates: _______________________________________ Mike Callagy, Chief Executive Officer County of San Mateo Date Jei Africa, Director of BHRS County of San Mateo Date Kristina Bell, Police Chief City of Redwood City Date ______________________ Melissa Stevenson Diaz City Manager, Redwood City __________________________________________ Date 10/21/2024 351 Scott Campbell, Police Chief City of South San Francisco Date ___________________________ Sharon Ranals City Manager, South San Francisco ______________________ Date 352 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 1 Attachment 1 Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements DEFINITIONS Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified. a.Business Associate. “Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor. b.Covered Entity. "Covered entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement shall mean County. c.HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d.Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501. e.Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f.Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g). g.Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h.Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 160.103 and is limited to the information created or received by Business Associate from or on behalf of County. i.Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.103. j.Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee. k.Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low 353 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 2 probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment: 1. Nature and extent of PHI included, identifiers and likelihood of re-identification; 2. Identity of the unauthorized person or to whom impermissible disclosure was made; 3. Whether PHI was actually viewed or only the opportunity to do so existed; 4. The extent to which the risk has been mitigated. l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C. m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system. “Security Incident” includes all incidents that constitute breaches of unsecured protected health information. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement. g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524. 354 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 3 i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County. j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI. p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS ASSOCIATE Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County. 355 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 4 OBLIGATIONS OF COUNTY a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522. PERMISSIBLE REQUESTS BY COUNTY County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate. DUTIES UPON TERMINATION OF AGREEMENT a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information. MISCELLANEOUS a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. 356 Issued by County of San Mateo Contract Compliance Committee ~ December 9, 2015 Page 5 c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement. d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule. e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate. 357 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1118 Agenda Date:12/11/2024 Version:1 Item #:18. Report regarding a resolution approving the sale of a City-owned Below Market Rate (BMR)housing unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190)and authorizing the City Manager to execute related sale documents.(Elia Moreno, Management Analyst I) RECOMMENDATION Staff recommends City Council adopt a resolution approving the sale of a City-owned Below Market Rate (BMR) housing unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190)to a qualified buyer earning up to 100%of the area median income in accordance with the City’s BMR restrictions,priced at the time marketing begins,and authorizing the City Manager to execute a Grant Deed,Affordable Housing Resale Restriction Agreement,and any other documents necessary to effectuate the sale of the BMR unit. BACKGROUND Following the unsuccessful marketing and sale of the BMR unit located at 2230 Gellert Boulevard, Unit 3209 (the “Property”),as detailed extensively in the October 23,2024,City Council staff report included as Attachment 1,City Council authorized the purchase of the unit to ensure it would not be sold at market rate.The City took title to the 2-bedroom,2-bathroom unit on November 15,2024,for a purchase price of $676,781 -the resale price as determined by the resale restriction agreement executed between the City and the BMR owner.The City is now in the position of being able to re-evaluate the income eligibility of the unit and the appropriate sales price given today’s interest rates and the community’s housing needs. DISCUSSION The City acquired the Property using Commercial Linkage Fees,Fund 823,which requires investment in housing for households making 120%or less of the Area Median Income (AMI).The unit was previously sold to an 80%AMI household,so the unit was restricted to being resold to a new household at that income level by its resale restriction agreement.(See Attachment 2 for a table of incomes by household size at all AMI levels.)While the City spent $676,781 to acquire the Property,the City does not have to fully recoup this expense.The City may further subsidize the unit, offering it for sale at an even lower price in order to be affordable to more households. The City’s Inclusionary Housing Program requires that BMR units are sold at two income thresholds:to households earning up to 80%AMI,and households earning up to 120%AMI.This range of incomes is considered the “missing middle”.While the Inclusionary Ordinance does not currently require BMR units be sold at other income limits,there are a number of 100%AMI ownership BMRs in the City either restricted prior to the Inclusionary Ordinance or through negotiated Development Agreements.Below market rate units are not typically marketed to households under 80%AMI because of other homeownership readiness qualifications that would likely not be met,such as sufficient down payment, high credit score,and low monthly expenses.Households in these lower income bands are served by affordable rental housing. Pricing City staff use a calculator to determine the price for the sale of affordable housing units.Inputs used to calculate pricing include monthly and annual cost estimates including property tax,insurance,utilities,HOA fees,mortgage loan interest rate (a rolling six-month average prior to pricing the unit),and a five percent down payment.See Attachment 3 for sample pricing. Staff Recommendation In thinking about how to price the sale of the Property,staff first reviewed the City’s existing inventory of BMR units. City of South San Francisco Printed on 12/6/2024Page 1 of 3 powered by Legistar™358 File #:24-1118 Agenda Date:12/11/2024 Version:1 Item #:18. In thinking about how to price the sale of the Property,staff first reviewed the City’s existing inventory of BMR units. Staff found nearly half of all BMR units to be restricted to households making less than 80%AMI.Should the Property be marketed to households earning under 80%AMI,it would need to be priced at approximately $293,021 to be truly affordable. This is more than $383,760 less than the City paid for the Property. In consideration of this,staff recommend marketing the unit to median income households (those making no more than 100%AMI).In this case,the sale price will be approximately $507,490.Staff are confident this sale price,with an income restriction of 100% AMI, will result in successful marketing and sale of the Property. Earlier this year,the City experienced a similar scenario where approval of the acquisition of a BMR unit was received, and the resale followed set with the income restriction of 100%AMI.A total of seven (7)applications were received from pre-qualified applicants,and the City was able to successfully close escrow with an eligible buyer in early October 2024. The new property owners are first-time homeowners and are employed within South San Francisco.Proceeds from the resale have been received and replenished back into Fund 823. The current market for both BMR and market rate units was also a consideration when making this pricing recommendation.The proposed affordable sale price of roughly $507,490 is well below the market price for a similarly situated for-sale condominiums in South San Francisco.Similar units sold in the past six months have transacted for $720,000 to $965,500 on the open market. Alternative to Staff Recommendation Should Council desire to recuperate more of the funds expended on the purchase of the Property,the income eligibility limit could be raised to 120%AMI and an affordable price for households in that income range would be approximately $657,770. Marketing and Sale Process The City will select a listing agent from its prequalified list to assist in the process of marketing and sale of the BMR unit. The marketing plan will include making the home available for open houses and showings by appointment,listing the unit on the Multiple Listing Service,and announcing its availability in the Mayor’s newsletter,on City social media channels,and on the City’s website at <https://www.ssf.net/departments/economic-community-development/housing/below-market-rate-bmr-housing/program- procedures-and-guidelines>. The property will accept applications for no fewer than 21 days with applications due to the listing agent during that period.After the application window closes,qualified buyers will be entered into a lottery as per the BMR program standard process,with preferences given to those who live or work in the City of South San Francisco.City staff and the BMR program consultant review applications and verify documents to determine eligibility. ENVIRONMENTAL REVIEW The sale of this BMR unit is evaluated to qualify for the general exemption in CEQA Guidelines Section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no potential for significant environmental effects. FISCAL IMPACT On October 23,2024,City staff received approval to use Commercial Linkage Fees (Fund 823)for the purchase and preservation of the Property.The proceeds from the resale will partially reimburse Fund 823 for the purchase.There is no impact to the General Fund from this action. CONCLUSION Staff recommends City Council adopt the associated resolution authorizing the sale of a City-owned Below Market Rate (BMR)housing unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190)to a qualified buyer earning up to 100%of the area median income in accordance with the City’s BMR restrictions,priced at the time marketing begins,and authorizing the City Manager to execute a Grant Deed,Affordable Housing Resale Restriction Agreement,and any other City of South San Francisco Printed on 12/6/2024Page 2 of 3 powered by Legistar™359 File #:24-1118 Agenda Date:12/11/2024 Version:1 Item #:18. authorizing the City Manager to execute a Grant Deed,Affordable Housing Resale Restriction Agreement,and any other documents necessary to effectuate the sale of the BMR unit. ATTACHMENTS 1.October 23, 2024, City Council Staff Report 2.Table of Income Limits 3.City of South San Francisco Affordable Housing Price Calculator City of South San Francisco Printed on 12/6/2024Page 3 of 3 powered by Legistar™360 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1032 Agenda Date:10/23/2024 Version:1 Item #:10. Report regarding a resolution approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR)unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190).(Elia Moreno,Housing Management Analyst I) RECOMMENDATION Staff recommend that City Council adopt a resolution approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR)housing unit located at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) using the City’s Commercial Linkage Fee Fund (Fund 823). BACKGROUND The City’s Inclusionary Housing Ordinance (Municipal Code Chapter 20.380)creates Below Market Rate (BMR) housing units within both ownership and rental developments.This ordinance serves to increase the amount of housing affordable to low and moderate-income households in South San Francisco.When for-sale BMR units are newly constructed and undergo their initial sale,each unit’s initial sale price is calculated based on a complex formula. Specifically,this initial pricing process takes into account the Area Median Income (AMI)level the unit is targeted at,the current interest rate expected on a 30-year,fixed-rate mortgage,a 5%to 10%down payment,private mortgage insurance rates,homeowners’insurance,and homeowners’association dues.When BMR units are resold,the sale price is calculated much more simply and intended to provide the seller with some modest equity earnings.In the case of resales,the new sales price is indexed to the change in AMI since the unit was last sold. The City controls the resale price and resale procedures of for-sale BMR units through resale restriction agreements and rights of first refusal,documents which are executed between the BMR owner and the City and recorded against the property.These documents give the City opportunities to buy the unit upon the owner’s intention to sell the unit or to assign that right of first refusal to a new income-qualified buyer.This ensures the unit remains affordable for future households,preserving the City’s diverse affordable housing stock.The City has approximately 100 for-sale BMR units located throughout the City and normally between 5 and 10 are refinanced or resold each year.In the instance of nearly all resales,the City assigns its right of first refusal to purchase the unit to an income-qualified buyer identified through a marketing,application,and lottery process facilitated by the seller and their agent and supervised by the City and its consultants. DISCUSSION On May 31,2024,the City received a Notice of Intent to Sell from the owner of the BMR unit located at 2230 Gellert Boulevard,Unit 3209,in South San Francisco for the resale amount of $676,781.The resale restrictions typically include a period of time that the owner must attempt to sell a BMR to an income-qualified buyer,after which,either the City must purchase it or the owner may sell it to any buyer at market rate,removing BMR limitations.For this specific unit,the owner was required to market the property for a 21-day period.The owner agreed to extend the marketing for an additional 21-day period, but, unfortunately, no eligible applications were received. To take action to intervene to prevent the market rate sale of the unit,staff recommend executing the City’s right to purchase and taking title of the unit.Staff are requesting that the City Council authorize the use of Commercial Linkage Fee Funds (Fund 823)to purchase the unit.Once purchased,the property will be placed back on the market with Council having the authority to market to the affordability level of their choice. Executing the City’s purchasing right of this unit and preserving its status in the BMR program assists in promoting City of South San Francisco Printed on 10/18/2024Page 1 of 2 powered by Legistar™361 File #:24-1032 Agenda Date:10/23/2024 Version:1 Item #:10. Executing the City’s purchasing right of this unit and preserving its status in the BMR program assists in promoting affordable housing within the City.The loss of BMR units eliminates affordable housing opportunities for low-to moderate- income residents, and we hope to do all we can to continue to make affordable housing available to residents. On January 10,2024,staff requested approval from City Council for a similar scenario.Approval of the acquisition of the property allowed staff to preserve the status of the unit in the City’s BMR program.A total of seven (7)applications were received from pre-qualified applicants,and the City was able to successfully close escrow with an eligible buyer in early October 2024.The new property owners are first-time homeowners and are employed within South San Francisco. Proceeds from the resale have been received and replenished back into Fund 823. FISCAL IMPACT The Commercial Linkage Fee Fund (Fund 823)has an available fund balance of $13 million for this transaction of $676,781.This Fund will be used to pay all costs related to the preservation and resale of the subject property,which include acquisition of the property and HOA fees. The proceeds from the resale will be replenished back into Fund 823. CONCLUSION Staff recommend that City Council adopt the accompanying resolution,approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR)housing unit located at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) using the City’s Commercial Linkage Fee Fund (Fund 823). City of South San Francisco Printed on 10/18/2024Page 2 of 2 powered by Legistar™362 Row Income Category 1 2 3 4 5 6 7 8 1 Extremely Low (30% AMI)41,150$ 47,000$ 52,900$ 58,750$ 63,450$ 68,150$ 72,850$ 77,550$ 2 Very Low (50% AMI)68,550$ 78,350$ 88,150$ 97,900$ 105,750$ 113,600$ 121,400$ 129,250$ 3 Low (80% AMI)109,700$ 125,350$ 141,000$ 156,650$ 169,200$ 181,750$ 194,250$ 206,800$ 4 Median (100% AMI)130,600$ 149,300$ 167,950$ 186,600$ 201,550$ 216,450$ 231,400$ 246,300$ 5 Moderate (120% AMI)156,750$ 179,100$ 201,500$ 223,900$ 241,800$ 259,700$ 277,650$ 295,550$ SOURCE:HUD.gov FY 2024 Income Limits for San Francisco, CA HUD Metro FMR Area https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn San Mateo County - Income Limits by Family Size 2024 363 Title of this worksheet is in cell at right. Next instruction is in cell A4. UNIT ADDRESS: Projected Monthly Income label is in cell at right. Enter Income 1 in cell E4 and Extra Income in E5 to calculate Total monthly income in E6. Next instruction is in cell A6.100%528$ 167,950$ 7.171% Calculated Income 100%167,950$ Actual Monthly Income label is in cell at right. Enter Income 1 in cell E8 and Extra Income in E9 to calculate Total monthly income in E10. Next instruction is in cell A12.2 58,783$ 3 4,899$ 950,000$ Annual Monthly Property Tax Estimate 9,500$ 792$ Insurance 694$ 58$ Utility Estimate4 3,096$ 258$ HOA Fees 6,336$ 528$ Available for Mortgage 39,157$ 3,263$ $482,115.43 5%25,374$ QUALIFIED AFFORDABLE MORTGAGE Qualified Mortgage Down Payment Affordable Sales Price $507,490 HOUSEHOLD SIZE ELIGIBLE Number of Bedrooms AVAILABLE HOUSING EXPENSE2 Annual Income Assumed Household Size Monthly Income Market Value Comps3 HOUSING COSTS 1.0000% 0.07% $258 CITY OF SOUTH SAN FRANCISCO AFFORDABLE HOUSING ANALYSIS INPUTS 2230 Gellert Boulevard, Unit 3209 INCOME LIMIT TO QUALIFY Income Limit to Qualify HOUSING COSTS Monthly HOA Fees Household Income to Qualify Mortgage Interest Rate1 364 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1119 Agenda Date:12/11/2024 Version:1 Item #:18a. Resolution approving and authorizing the sale of a City-owned Below Market Rate (BMR)housing unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190)to a qualified buyer earning up to 100%of the area median income in accordance with the City’s BMR restrictions,priced at the time marketing begins,and authorizing the City Manager to execute a Grant Deed,Affordable Housing Resale Restriction Agreement,and any other documents necessary to effectuate the sale of the BMR unit. WHEREAS,following the unsuccessful marketing and sale of the BMR Unit located at 2230 Gellert Boulevard,Unit 3209,(“Unit”)City Council authorized on October 23,2024,and the City purchased the Unit on November 15,2024,to ensure it would not be sold at market rate; and WHEREAS,the City is now in the position of being able to re-evaluate the income eligibility of the Unit and the appropriate sales price given today’s interest rates and the community’s housing needs; and WHEREAS,the City acquired the Unit using Commercial Linkage Fees (Fund 823)governed by Municipal Code Chapter 8.69.090,the purpose of which is to increase and improve the supply of housing affordable to moderate,low, very low, and extremely low-income households; and WHEREAS,City staff recommends,and the City Council now desires to authorize the sale of the Unit to median income households (100% AMI) and authorize staff to set the final sale price immediately prior to marketing the Unit; and WHEREAS,the final sale price will be set on a calculation of monthly and annual cost estimates including property tax, insurance,utilities,HOA fees,mortgage loan interest rate,and a five percent down payment;the sale price is currently estimated at approximately $507,490; and WHEREAS,the mortgage loan interest rate utilized will be,as published by the California Housing Finance Authority, utilizing either a rolling six-month average or current moment-in-time interest rate,selected based on what provides greatest household eligibility and most accurately reflects the current mortgage interest market and mortgage interest trends prior to pricing the Unit; and WHEREAS,City staff recommends,and the City Council also desires to authorize the City Manager to execute all documents necessary to effectuate the sale of the Unit,including but not limited to a Grant Deed and Affordable Housing Resale Restriction Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of South San Francisco that it hereby approves and authorizes the sale of a City-owned Below Market Rate (BMR)housing unit at 2230 Gellert Boulevard,Unit 3209 (APN 104540190)to a qualified buyer earning up to 100%of the area median income in accordance with the City’s BMR restrictions,priced at the time marketing begins,and also authorizes the City Manager to execute a Grant Deed, Affordable Housing Resale Restriction Agreement,consistent with the terms identified in this resolution and other applicable BMR/affordable housing regulations,and any other documents necessary to effectuate the sale of the BMR unit, all subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 12/6/2024Page 1 of 2 powered by Legistar™365 File #:24-1119 Agenda Date:12/11/2024 Version:1 Item #:18a. City of South San Francisco Printed on 12/6/2024Page 2 of 2 powered by Legistar™366 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1015 Agenda Date:12/11/2024 Version:1 Item #:19. Report regarding a project status update on the Preliminary Engineering and Environmental phase of the South Linden Avenue and Scott Street Grade Separation Project (Project No. st1004) (Angel Torres, Senior Engineer) RECOMMENDATION It is recommended that City Council receive an update on the project status of the Preliminary Engineering and Environmental phase of the South Linden Avenue and Scott Street Grade Separation Project. BACKGROUND/DISCUSSION The South Linden Avenue and Scott Street Grade Separation Project (“Project”)is proposed to improve safety and decrease expected future traffic delays due to growth in vehicle traffic,greater frequency of Caltrain service,and the eventual addition of high-speed rail.South Linden Avenue is located in South San Francisco; Scott Street is in San Bruno.Although located in different cities,the two grade separations are proposed to be undertaken as a combined effort because of the close proximity (approximately one-third of a mile)to one another.This joint Project is in the City of South San Francisco’s and the City of San Bruno’s current Capital Improvement Programs. The Project aims to improve safety and decrease expected future traffic delays due to growth in vehicle traffic, greater frequency of Caltrain service, and the eventual addition of high-speed rail. Although located in different cities, the two grade separations are proposed to be undertaken as a combined effort. The grade separation of one crossing could affect the other. On April 20,2016,the City of South San Francisco signed a Memorandum of Understanding (MOU)with the San Mateo County Transportation Authority (TA),the City of San Bruno (SB),and the Peninsula Corridor Joint Powers Board (JPB)to complete a Planning Study for the South Linden Avenue and Scott Street Grade Separation Project.The cities of South San Francisco and San Bruno were identified as the local sponsors of the Project,with SSF being the lead sponsor.All of the parties recognized the importance of exploring grade separations as a means of reducing the impacts of increased train service on traffic and safety at the South Linden Avenue and Scott Street railroad crossings. Beginning in January 2018,City staff participated in the Project Development Team (PDT),which was formed to prepare the Planning Study.The team was primarily comprised of representatives from Caltrain,the City of San Bruno,and the City of South San Francisco,along with consultants AECOM and Apex Strategies,who were hired by JPB. Initially,six alternatives were developed for evaluation to achieve grade separations at South Linden Avenue and Scott Street.The preliminary design analysis eliminated two alternatives for creating the grade separation project because they were infeasible given the Project’s geometric constraints.One of the eliminated alternatives was for the train tracks to be raised while South Linden Avenue and Scott Street remained at their existing elevations.The other eliminated alternative was for the train tracks to be lowered while South Linden Avenue and Scott Street remained at their existing elevations. This left four alternatives for further investigation.The PDT evaluated the four remaining alternatives thatCity of South San Francisco Printed on 12/6/2024Page 1 of 3 powered by Legistar™367 File #:24-1015 Agenda Date:12/11/2024 Version:1 Item #:19. This left four alternatives for further investigation.The PDT evaluated the four remaining alternatives that appeared to be viable options for achieving grade separation at both South Linden Avenue and Scott Street while,at a minimum,maintaining pedestrian and bicycle crossings.The four alternatives were summarized as follows: ·Alternative 1 - Hybrid Track Raised and Road Lowered. The clearance between the track and the road is created by raising the track and lowering the road. The road is lowered to pass under the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. ·Alternative 2 - Hybrid Road Raised and Track Lowered. The clearance between the track and the road is created by raising the road and lowering the track. The road is raised to pass over the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. ·Alternative 3 -Track At-Grade and Road Lowered.The tracks remain at their current elevation and the road is lowered to pass under the tracks at South Linden Avenue.Scott Street would be closed to vehicles and a pedestrian/bicycle overcrossing or undercrossing would be provided. ·Alternative 4 - Track At-Grade and Road Raised. The tracks remain at their current elevation and the road is raised to pass over the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. The parties selected an alternative where South Linden Avenue will be partially lowered and reconstructed with pedestrian and bicycle access and safety improvements. At the Scott Street crossing, motor vehicle access will be closed and a pedestrian and bicycle undercrossing will be constructed. On August 22, 2022, the City of South San Francisco signed a second MOU with the TA, the City of San Bruno, and JPB to fund the preliminary engineering and environmental (PE) phase of the Project. The funding arrangement included the TA providing funds from Measure A funds for a majority portion of the estimated cost of the PE phase of the Project, and the remainder was to be locally matched by funding from the City and San Bruno. The TA is responsible for at most 90% pro-rata share of the scope of work costs contingent upon the two cities securing local match funds and providing at least 10% of the total scope of work costs. The JPB will serve as the lead implementing agency for the scope of work of this PE phase of the Project. FISCAL IMPACT The estimated cost for the Preliminary Engineering and Environmental (PE)phase of the Project was $5,500,000.The TA approved $4,950,000 in Measure A funds.The remainder amount of $550,000 is split between the City and San Bruno in local match funding. Table 1 - Local Match Contribution amounts from each sponsor per task Task South San Francisco Funding Amount San Bruno Funding Amount Staff Participation and Project Oversight $80,000 $34,000 Contribution to JPB Consultants $306,650 $129,350 Total Current Contributions $386,650 $163,350 Total Sponsor Combined Contributions $550,000 City of South San Francisco Printed on 12/6/2024Page 2 of 3 powered by Legistar™368 File #:24-1015 Agenda Date:12/11/2024 Version:1 Item #:19.Task South San Francisco Funding Amount San Bruno Funding Amount Staff Participation and Project Oversight $80,000 $34,000 Contribution to JPB Consultants $306,650 $129,350 Total Current Contributions $386,650 $163,350 Total Sponsor Combined Contributions $550,000 In FY 2021-22,$400,000 in funds were appropriated from Road Maintenance and Rehab (SB 1),which is sufficient to cover the City’s local match funding expenditures for the PE phase of the Project. As project sponsors,the City and San Bruno will also provide at least 10%of the total future Construction Phase Costs.The 10%total Construction Phase Costs were not included as a part of the executed MOU but will be included in a future agreement or funding arrangement,as the dollar amounts for construction costs are not yet determined. RELATIONSHIP TO STRATEGIC PLAN Providing a grade separation at South Linden Avenue would contribute to the City’s Strategic Plan outcome of improved quality of life by improving traffic circulation and increasing public safety. CONCLUSION The Project continues to progress with outreach to potentially impacted property and business owners,taking place from December of 2024 through January of 2025,providing an update on the progress of the PE phase and an opportunity to hear comments.The project PE team,composed of representatives from Caltrain,RSE, Apex Strategies,and City staff,hopes to present the results of the Value Engineering and recent Outreach efforts to SSF City Council at the upcoming January 22, 2025, City Council meeting. Attachments: 1.LSGS Presentation 2024.12.11 (9 pages) City of South San Francisco Printed on 12/6/2024Page 3 of 3 powered by Legistar™369 South Linden Avenue and Scott Street Grade Separation (LSGS) Project Status Update City Council City of South San Francisco December 11, 2024 Item #6.e. 6/2/2022 Preliminary Design Status Information 1370 Vicinity Map South San Francisco Station Colma Creek N San Bruno StationSSF and SB City Limit Scott St 1,850 feetto San Francisco to San Jose South Linden Ave Southline Development I-380 UPRR/ Granite Rock - Proposed Grade Separation Locations 2371 S. Linden Avenue – Existing At Grade X-Ing Southline Development Airgas Storage Granite Rock Central Concrete 3372 Electrification •Events in every city from San Francisco to Gilroy, including South San Francisco •50+ community and performing arts organizations participated •Largest ridership weekend in 2024 •In the first month after electrification, total ridership increased by 17%, with weekend ridership growing by 38%. •Service increased by 20%, providing more station coverage without changing the total number of trains per day. Successfully launched electrified service on September 21, 2024 4373 Grade Separation Project Purpose and Need ➢Purpose – Improve safety and operations at Scott St. and South Linden Ave. at-grade railroad crossings by separating the tracks from the roads. ✓Safety – eliminate impacts between trains and motor vehicles, pedestrians, and bicycles ✓Local Road Benefits– reduce traffic congestion and queuing ✓Noise Benefits– reduce noise from train horns and gate bells ➢Need – Train, vehicle, bicycles and pedestrian traffic will double in next 20 years creating unacceptable congestion, noise, and safety risks 5374 Grade Separation Project Scope by City •Grade-separation at the South Linden Avenue crossing (South San Francisco) •Pedestrian •Bicycles •Vehicular •Grade-separation at the Scott Street crossing (San Bruno) •Pedestrian •Bicycles •Eliminate vehicular crossing 6375 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Apr 2016 - Apr 2021 Project Study Report (PSR) Phase Sep 2020 SSF City Council - Preferred Alternative Selection (PSR - Alt 1)* Apr 2021 PSR Finalized * Jul 2022 MOU between PCJPB / SB / SSF Executed * Aug 2022 - Apr 2023 Preliminary Design Phase - Design Team Selection Proecess Jun 2023 - Dec 2026 Preliminary Engineering (PE) Phase (Design upto 35%) Jun 2023 - Current PE: Task 1 - Value Engineering (VE) PE: Task 2 - Environmental Clearance PE: Task 3 - Right-of-Way Clearance PE: Task 4 - Design Upto 35% PSR Project Development Timeline This PE Phase of the Project is 100% funded 7376 Next Steps •Potentially Impacted Property and Business Owner Outreach •December 2024 through January 2025 •SSF City Council (Caltrain / RSE / City Staff) •Jan 29th,2025 8377 Thank you! 9378 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1187 Agenda Date:12/11/2024 Version:1 Item #:20. Council to discuss candidate endorsement for C/CAG vacancies and OneShoreline recruitment.(Mayor) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™379 C/CAG CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY Atherton • Belmont • Brisbane • Burlingame • Colma • Daly City • East Palo Alto • Foster City • Half Moon Bay • Hillsborough • Menlo Park • Millbrae • Pacifica • Portola Valley • Redwood City • San Bruno • San Carlos • San Mateo • San Mateo County •South San Francisco • Woodside Date: November 21, 2024 To: All Councilmembers of San Mateo County Cities and Members of the Board of Supervisors; All City/County Managers; All City Clerks; All Interested Parties From: Adam Rak, C/CAG Chair Subject: C/CAG Committee Vacancies The City/County Association of Governments of San Mateo County (C/CAG) either has or is expecting a number of vacancies on its standing Committees: 1.5 Seats – Congestion Management and Environmental Quality Committee (CMEQ) a)There are currently two (2) seats for Elected Officials from City Councils and/or the San Mateo County Board of Supervisors, with an additional one (1) vacant seat for Elected Officials expected by the end of December; one (1) seat for a Business Community member; and one (1) seat for the Peninsula Corridor Joint Powers Board (Caltrain). 2.Up to 4 Seats for Elected Officials – Bicycle and Pedestrian Advisory Committee (BPAC) a)There is currently one vacant seat for (1) Elected Official of City Councils and/or the Board of Supervisors, and there will be three additional vacant seats for Elected Officials of City Councils and/or the Board of Supervisors by the end of December. 3.1 Seat for Elected Officials – Resource Management and Climate Protection Committee (RMCP) a.There is currently one vacant seat for (1) Elected Official of City Councils and/or the Board of Supervisors. 4.Up to 4 Seats for Elected Officials – Legislative Committee a.There are multiple vacant seats (2-4) for Elected Officials of City Councils and/or the Board of Supervisors. Please see Attachment A for more information on the Committees. Individuals wishing to be considered for appointment to the Committee(s) should email a letter of interest to: Sean Charpentier, C/CAG Executive Director, City/County Association of Governments of San Mateo County 555 County Center, 5th Floor; Redwood City, CA 94063; scharpentier@smcgov.org. Individuals must send a letter of interest by 5:00 pm on December 4, 2024, for the C/CAG Board to consider appointments at its December 12, 2024 meeting. The recruitments will remain open until filled. If you have questions about the Committees or this appointment process, please contact the C/CAG staff member noted in Attachment A: Committee Descriptions and Staff Contacts. Sincerely, Adam Rak Chair, C/CAG Board 380 Enclosure: Attachment A: Committee Descriptions and Staff Contacts Attachment A The Congestion Management and Environmental Quality Committee (CMEQ): The City/County Association of Governments of San Mateo County (C/CAG)’s Congestion Management and Environmental Quality Committee (CMEQ) provides advice and recommendations to the full C/CAG Board on all matters relating to transportation planning, congestion management, travel demand management, coordination of land use and transportation planning, mobile source air quality programs, energy resources and conservation, and other environmental issues facing the local jurisdictions in San Mateo County. The role of the CMEQ Committee also includes making recommendations to the C/CAG Board on the allocation of funding for specific projects and activities addressing these programmatic areas. The CMEQ committee is composed of 9 elected seats, plus one seat each from the following: business community; environmental community; agencies with transportation interests; San Mateo County Transit District (SamTrans); Joint Powers Board (Caltrain); Metropolitan Transportation Commission; Bay Area Rapid Transit (BART) and one general public member. The Committee meets on the last Monday of each month from 3:00 p.m. to 5:00 p.m. at the San Mateo City Hall (330 W 20th Ave, San Mateo CA 94403). For more information about the Committee and Meeting agendas and the current roster, contact Jeff Lacap at jlacap@smcgov.org; and/or see: https://ccag.ca.gov/committees/congestion-management-and- environmental-quality-committee/ The Bicycle and Pedestrian Advisory Committee (BPAC): The Bicycle and Pedestrian Advisory Committee provides advice and recommendations to the full C/CAG Board of Directors on matters relating to bicycle and pedestrian improvement projects. The BPAC advises the C/CAG Board on priority projects for funding through the Transportation Development Act Article 3 grant program and the One Bay Area Grant program. Meetings are typically held bi-monthly on the fourth Thursday of the month at 6:00 p.m. starting in January. Additional meetings are scheduled as needed. The meetings are hosted at the Burlingame Community Center at 850 Burlingame Avenue in Burlingame, CA. The BPAC has approximately six meetings per year. No more than two BPAC members can reside in the same jurisdiction. For more information about the Committee and Meeting agendas, and the current roster, contact Audrey Shiramizu at ashiramizu@smcgov.org; and/or see https://ccag.ca.gov/committees/bicycle-and-pedestrian- advisory-committee/. The Resource Management and Climate Protection Committee (RMCP): The Resource Management and Climate Protection Committee (RMCP) seats seven elected officials plus one seat each from the following six specialties: energy, water, utility, nonprofit, business/chamber of commerce, and environmental organization, for a total of 13 seats. Originally called the Utilities Sustainability Task Force (USTF), the Committee developed a San Mateo County Energy Strategy for the county, which was adopted by every city in San Mateo County in 2009. The RMCP Committee provides information and recommendations to CMEQ and the C/CAG Board on items related to resource conservation and climate action. The Committee also tracks the progress of two main C/CAG programs, the San Mateo County Energy Watch (SMCEW) and the Regionally Integrated Climate Action Planning Suite (RICAPS). The Committee also seeks to integrate equity into resource conservation and climate actions, including workforce development, access by constituents, and inclusion of input by community-based organizations. Most recently, in coordination with BAWSCA, the Committee is exploring actions to reduce demand on potable water supplies, such as One Water programs, and electrification and resilience of homes and communities. The RMCP Committee meets on the third Wednesday of the month (as needed) throughout the year at 3:00 p.m., in either San Mateo at 155 Bovet Rd. or, as a backup 381 location, in Redwood City at County Center. For more information about the RMCP Committee and Meeting Agendas, and the current roster, contact Kim Springer at kspringer@smcgov.org; and/or see: https://ccag.ca.gov/committees/resource- management-and-climate-protection-committee/ The C/CAG Legislative Committee: The C/CAG Legislative Committee provides advice and recommendations to the full C/CAG Board on all matters dealing with State legislation, ballot measures, and positions to take on specific bills. During the active legislative year (January through August) the Committee monitors bills of potential interest to C/CAG member agencies and selects those to be tracked. The Committee then recommends positions on bills for consideration by the full C/CAG Board and acts as the liaison with C/CAG’s legislative lobbyist and makes recommendations to the C/CAG Board for bills to be referred to the lobbyist for action. On issues of highest priority, the committee may direct staff to seek one or more legislative delegates to sponsor a bill that provides countywide benefit and aligns with C/CAG’s adopted legislative policies. The Legislative Committee also works with staff and C/CAG’s Federal Legislative Advocate to track federal policies and funding opportunities for C/CAG projects. The Committee meets on the second Thursday of each month from 5:30 p.m. to 6:30 p.m., most months right before the C/CAG Board meeting at the SamTrans building, Second Floor Auditorium (1250 San Carlos Ave., San Carlos, CA 94070). For more information about the C/CAG Legislative Committee, Meeting Agendas, and the current roster, contact Kim Springer at kspringer@smcgov.org; and/or see: https://ccag.ca.gov/committees/legislative-committee/ 382 C/CAG CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY Atherton • Belmont • Brisbane • Burlingame • Colma • Daly City • East Palo Alto • Foster City • Half Moon Bay • Hillsborough • Menlo Park • Millbrae • Pacifica • Portola Valley • Redwood City • San Bruno • San Carlos • San Mateo • San Mateo County •South San Francisco • Woodside 555 County Center, 5th Floor, Redwood City, CA 94063 PHONE: 650.599.1406 FAX: 650.361.8227 www.ccag.ca.gov Date: November 21, 2024 To: Council members from One Shoreline Central Region Cities and Towns From: Adam Rak, C/CAG Chair Subject: RECRUITMENT OF INTERESTED CITY AND TOWN COUNCIL MEMBERS TO SERVE ON THE PROPOSED FLOOD AND SEA LEVEL RISE RESILIENCY DISTRICT (ONESHORELINE) BOARD OF DIRECTORS FOR THE CITY SOUTHERN REGION SEAT. C/CAG is currently recruiting elected officials for the Southern Region seats on the Flood and Sea Level Rise Resiliency District Board of Directors (OneShoreline). C/CAG is recruiting from the following jurisdictions within the designated geographic areas for Southern Region seat (see Exhibit 2). 1. Southern (Redwood City, Menlo Park, East Palo Alto, Atherton, Woodside, Portola Valley) The recruitment is necessary to fill an upcoming vacancy of the Southern seat that is currently held by Lisa Gauthier, East Palo Alto City Councilmember and Board Representative for the Southern Cities. The appointed Board member will serve the remainder of the term which expires December 31, 2027. OneShoreline- The Organization OneShoreline’s mission is to address sea level rise, flooding, coastal erosion, and large-scale stormwater infrastructure improvements through integrated regional planning, design, permitting, project implementation, and long-term operations and maintenance to create a resilient “one shoreline” San Mateo County by 2100. C/CAG prepared the proposal for the district. In 2019, all 20 Cities and San Mateo County approved resolutions of support and funding during a start up period of three years. OneShoreline held its first Board Meeting in January 2020 and continues to meet monthly. Key OneShoreline priorities include: 1. Continue to work with cities on key planning documents, and with developers to build resilience today. 2. Advance new multi-jurisdictional projects that connect and align substantial protection for neighboring jurisdictions. 3. Further the countywide Flood Early Warning System and create multi-jurisdictional Emergency Action Plans. 4. Develop long-term, stable funding to build regional resilience to multiple climate risks. 5. Ensure project financing reflects project benefits. For more information about OneShoreline, contact Len Materman, the Executive Director at 383 Len@oneshoreline.org, and/or visit the OneShoreline website at: https://oneshoreline.org/ The Board of Directors The OneShoreline Board of Directors has seven seats: five seats appointed by C/CAG for elected officials from among the twenty City and Town Councils in San Mateo County and two seats for the County Board of Supervisors that will be appointed by the Board of Supervisors. One of the City and Town Council seats is at-large and the other four will represent specific geographic areas of the county. See Attachment 2 for a map of the specific geographic areas. The current roster is included as Attachment 3. OneShoreline Board meetings are often, but not exclusively, the fourth Monday of each month at 4pm. The Recruitment Process Any eligible individual wishing to be considered for appointment to the Southern seat should: (1) fill out the attached Candidacy Form and (2) submit a letter of interest stating why you wish to be appointed, affirming your commitment to serve for the term, and any particular experience, background, or qualities that you feel would bring value to the governing board and be of interest to the C/CAG Board when making appointments. Candidacy Forms and Letters of Interest must be received by 5 PM on Wednesday, December 4, 2024, and must be sent to: Sean Charpentier, C/CAG Executive Director City/County Association of Governments of San Mateo County scharpentier@smcgov.org For questions about the recruitment process, please contact Sean Charpentier at the email provided above. Candidate appointments will be considered by the C/CAG Board of Directors at the December 12, 2024 meeting, and all potential candidates will be provided an opportunity to speak to the Board regarding their qualifications and interest in participating on the Board of Directors. The C/CAG Board will vote to appoint one person for the Southern Region seat, with the candidate receiving the most votes for a given seat on the governing board being selected for appointment to that seat. In the case of a tie vote for one or more seats, the C/CAG Board will revote with only the candidates that were tied being considered for subsequent votes. Sincerely, Adam Rak C/CAG Chair 384 Attachments: 1. Candidacy Form 2. Map showing geographic areas for city/town council appointees. 3. Current Roster 4. Assembly Bill 825 (online at https://legiscan.com/CA/text/AB825/id/2051435) 5. Presentation on OneShoreline program update to the C/CAG Board of Directors, November 14, 2024 (The document is available on the C/CAG website. See “Additional Agenda Materials” for the relevant Board Meeting at: https://ccag.ca.gov/committees/board-of-directors-2/) 385 Attachment 1: Candidacy Form C/CAG CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY Atherton • Belmont • Brisbane • Burlingame • Colma • Daly City • East Palo Alto • Foster City • Half Moon Bay • Hillsborough • Menlo Park • Millbrae • Pacifica • Portola Valley • Redwood City • San Bruno • San Carlos • San Mateo • San Mateo County •South San Francisco • Woodside Date: I, , am hereby submitting my candidacy for the (Please print name) following seat on OneShoreline (Flood and Sea Level Rise Resiliency District). Southern (Redwood City, Menlo Park, East Palo Alto, Atherton, Woodside, Portola Valley) Signature Attachment: Letter of Interest 386 Attachment 2: Map showing geographic areas for city/town council appointees. 387 Attachment 3: Current Roster Seat Representative Appointing Agency Appointed Term Expires City Council Southern Region Lisa Gauthier, City of East Palo Alto C/CAG 06/13/2019 (term beginning 01/01/2020) – reappointed 12/14/2023) 12/31/2027 City Council Northern Region Donna Colson, City of Burlingame C/CAG 06/13/2019 (term beginning 01/01/2020) – reappointed 12/14/2023) 12/31/2027 City Council Central Region Adam Rak, City of San Carlos C/CAG 1/12/2023 (filling vacancy for term from 2021-2025) 12/31/2025 City Council Coastal Region Debbie Ruddock, City of Half Moon Bay C/CAG 12/09/2021 12/31/2025 City Council At Large Marie Chuang, Hillsborough C/CAG 12/09/2021 12/31/2025 County Supervisor Coastal Ray Mueller, District 3 County Board of Supervisors Appointed by County Board of Supervisors County Supervisor At- Large David Pine, District 1 County Board of Supervisors Appointed by County Board of Supervisors 388 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1189 Agenda Date:12/11/2024 Version:1 Item #:21. Council discussion on City Selection Committee candidates.(Mayor) City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™389 Updated as of November 18, 2024 Page 1 of 2 City Selection Committee Vacant positions* Please submit your “Letters of Interests” no later than Friday, December 6, 2024 by 5p.m. to Sukhmani Purewal, Secretary of City Selection Committee and Asssitant Clerk of the Board of Supervisors via email: spurewal@smcgov.org Per Chair Rico E. Medina, the City Selection Committee meeting will be held in person along with Council of Cities on Friday, December 20, 2024 in Colma (more info to come)  HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE (HCDC) o 2 Regular Members  Ron Collins – San Carlos, representing Cities  Position expiring 12/31/2024 (termed out)  New 4-year term will be from January 1, 2025 through December 31, 2028  All Cities eligible  Donna Colson – Burlingame, representing Cities  Position expiring 12/31/2024  New 4-year term will be from January 1, 2025 through December 31, 2028  All Cities eligible  SAN MATEO COUNTY TRANSIT DISTRICT (SAMTRANS) o 1 Regular Member (Cities Southern)  Jeff Gee – Redwood City, representing Southern Judicial Cities  Position expiring 12/31/2024  New 4-year term will be from January 1, 2025 through December 31, 2028  Only Southern Cities are eligible (Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos, and Woodside)  SAN MATEO COUNTY TRANSPORTATION AUTHORITY (SMCTA) o 2 Regular Members  Julia Mates – Belmont, representing Central Judicial Cities  Position expiring 12/31/2024  New 2-year term will be from January 1, 2025 through December 31, 2026  Only Central Cities are eligible (Belmont, Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae, and City of San Mateo) 390 Updated as of November 18, 2024 Page 2 of 2  Carlos Romero – East Palo Alto, representing Southern Judicial Cities  Position expiring 12/31/2024  New 2-year term will be from January 1, 2025 through December 31, 2026  Only Southern Cities are eligible (Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos, and Woodside)  Election of a Chairperson to the City Selection Committee for 2025  Election of a Vice Chairperson to the City Selection Committee for 2025 * Note: Any positions that become vacant due to the November 5, 2024 election, will be agendized at a future City Selection Committee meeting once the election results have been certified by the County of San Mateo. City Selection Committee appoints to the following boards: ABAG, BAAQMD, CAL-ID, DVC, HCDC, HEART, LAFCo, MTC, CALTRAIN, SAMTRANS, and SMCTA. 391 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1191 Agenda Date:12/11/2024 Version:1 Item #:22. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Sharon Ranals, City Manager, Rich Lee, Assistant City Manager, Leah Lockhart, Human Resources Director Employee organizations: AFSCME Local 829, IAFF Local 1507, SSF Police Association, Teamsters Local 856- Confidential, Teamsters Local 856-Mid-Management, Unrepresented Groups City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™392 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1200 Agenda Date:12/11/2024 Version:1 Item #:23. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties:Parcels on Sign Hill,South San Francisco (APNs 012-351-020,012-351-030,012-024-060,012- 024-070, 012-024-080, 012-024-090, 012-024-100, 012-024-110, and 012-024-120) Agency Negotiators:Nell Selander,Economic &Community Development Director;Greg Mediati,Parks and Recreation Director; and Sky Woodruff, City Attorney Negotiating parties: Syme Venture Partners LP Under negotiation: Price and terms City of South San Francisco Printed on 12/6/2024Page 1 of 1 powered by Legistar™393