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Home My WebLink About2021-01-27 e-packet@6:00Wednesday, January 27, 2021 6:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA TELECONFERENCE MEETING Special City Council Special Meeting Agenda January 27, 2021Special City Council Special Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Participants are asked to register via the Zoom platform to receive the meeting link. Your email address will not be disclosed to the public. Please click on the link below to register for the session: https://ssf-net.zoom.us/webinar/register/WN_ZZ9tSaZmQMiRfkhLJImKtA After registering, you will receive a confirmation email containing information about joining the meeting. Please note that dialing in will only allow you to listen in on the meeting. To make a public comment during the Zoom meeting follow the instructions listed under Remote Public Comments. Page 2 City of South San Francisco Printed on 4/20/2021 January 27, 2021Special City Council Special Meeting Agenda Call to Order. Roll Call. Agenda Review. Remote Public Comments - comments are limited to items on the Special Meeting Agenda. Speakers are allowed to speak on items on the agenda for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced subject to the Mayor ’s discretion to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record if they are in writing or muted if they are made live. Submit Public Comments in Advance: Members of the public are encouraged to submit public comments in writing in advance of the meeting to Google Docs by 3:00 p.m. on the meeting date. Comments received by the deadline will be forwarded to the City Council and read into the record by the City Clerk. Comments received after 3:00 p.m. will not be read during the meeting but will be entered into the record for the meeting. Approximately 300 words total can be read in three minutes. Link to submit public comment can be found here: https://forms.gle/nZgtiz9hMomjy29n6 Oral Comments: Speakers are asked to register in advance by 3:00 p.m. on the meeting date via the Zoom platform, meeting information listed on the agenda. You will be asked to enter a name, an email address, and the Agenda item about which you wish to speak. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the City Clerk announces the item on which you wish to speak, your name will be called and you will be unmuted. No more than three minutes will be allocated to read each email comment, and oral comments will also be limited to no more than three minutes. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. PRESENTATIONS Presentation of the San Mateo County Flood and Sea Level Rise Resiliency District (Eunejune Kim, Director of Public Works/City Engineer) 1. Page 3 City of South San Francisco Printed on 4/20/2021 January 27, 2021Special City Council Special Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015-023-290 (700 Gateway Boulevard) due to bus stop turnout relocation. (Jason Hallare, Senior Civil Engineer) 2. A resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015-023-290 (700 Gateway Boulevard) due to bus stop turnout relocation. 2a. Report regarding proposed amendments to the City’s abandoned shopping carts and graffiti ordinances. (Dave Bockhaus, Deputy Director of Public Works) 3. Ordinance amending Title 8 and Replacing Chapter 8.63 of the South San Francisco Municipal Code regarding abandoned shopping carts. 3a. Ordinance amending Title 10, Chapter 10.48 of the South San Francisco Municipal Code pertaining to graffiti abatement by the City. 3b. Report regarding a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and the Town of Atherton for the purchase of $1,427,825 in PG&E Rule 20A Credits for the amount of $645,521. (Eunejune Kim, Public Works Director) 4. Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and the Town of Atherton for the purchase of $1,427,825 in PG&E Rule 20A Credits for the amount of $645,521. 4a. Adjournment. Page 4 City of South San Francisco Printed on 4/20/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-973 Agenda Date:1/27/2021 Version:1 Item #:1. Presentation of the San Mateo County Flood and Sea Level Rise Resiliency District (Eunejune Kim, Director of Public Works/City Engineer) City of South San Francisco Printed on 1/21/2021Page 1 of 1 powered by Legistar™ oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District January 27, 2021 San Mateo County Flood & Sea Level Rise Resiliency District Len Materman, CEO oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District The need for a countywide climate resiliency agency •The long‐standing San Mateo County Flood Control District had a geographic and programmatic scope that was insufficient to address the threats from climate change and the opportunities to incorporate multiple benefits. •Solving the massive water‐related challenges exacerbated by climate change requires working across jurisdictional lines. •Regional expertise and focus cannot be realized on a city‐by‐city basis. •By planning and acting regionally, all jurisdictions can be better positioned to secure state, federal, and private funding, and land rights and permits. oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District The District began on January 1, 2020 with a Board of Directors consisting of: •Two County Supervisors (Pine, Horsley) •Five city council members selected by C/CAG (Colson, Derwin, Gauthier, Papan, Ruddock) San Mateo Co. and all 20 cities within it have committed 3 years of seed operational funds We take a holistic approach to the: •Threat – sea level rise & extreme storms increased by climate change •Objectives – reduce threats, turn waterways & shorelines from liabilities into assets that are integrated into communities, utilize green infrastructure and public & private lands •Geography – plan and implement projects within the context of all jurisdictions in the watershed or regional shoreline oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District 2021 District Priorities: •Complete Bayfront Canal construction •Advance regional and flood zone projects •Carry out an outreach & education program, including City Council and community meetings •Develop funding plans for operations & projects, pursue legislative priorities 2020 District Activities: •Hire staff, gain financial independence •Bayfront Canal & Atherton Channel project: secure funding, land, and permits •New approach to long‐standing flood zones •Create multi‐jurisdictional projects by connecting multiple local efforts •Build a flood early warning system •Conduct outreach & explore a long‐term stable source of funds for operations oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District Beach Blvd. Seawall, Pacifica Seymour Channel, HMB Colma Creek Navigable Slough San Bruno Creek SamTrans facility and SSF shoreline Burlingame & Millbrae, with SFO Redwood Shores, San Carlos, San Carlos Airport, SamTrans Bayfront Canal & Atherton Channel With SFCJPA: San Francisquito Creek, SAFER Bay shoreline project Countywide Flood Early Warning System Belmont Creek in Twin Pines Park Summary of project activities with the District as the: Project Lead Project Partner Potential Project Lead or Partner Mussel Rock area, Daly City Princeton Shoreline Pillar Point Harbor Mavericks & Surfers Beaches Maple Street area oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District Comprise ~10% of land in the county within 9 cities and unincorporated areas Four tax collecting Flood Zones established decades ago San Bruno Creek Flood Zone S.F. Bay District collaboration with South San Francisco relates to the projects and land of the District’s Colma Creek Flood Zone oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District ...and the South San Francisco General Plan oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District Current FEMA floodplain map for South San Francisco 100‐year flood zone 500‐year flood zone Navigable Slough oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District Current FEMA floodplain 100‐year flood zone 500‐year flood zone FEMA’s S.F. Bay 100‐year floodplain with ~6 feet of SLR This equals 10 feet above today’s high tide – the District’s preliminary SLR protection objective Focusing on the area impacted by Sea Level Rise Look for opportunities to turn a long-standing liability... ...into a community asset. Colma Creek Hassell, 2020 oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District In 2020, in-stream gauges were installed or upgraded on Colma Creek, San Bruno Creek, San Mateo Creek, and Atherton Channel. Looking into Pescadero Creek, as well as Butano Creek in regards to post-wildfire erosion and flood threats. Flood Early Warning System Modeled on the San Francisquito Creek early warning system, funded by the State In 2021, we will initiate multi-jurisdictional Emergency Action Plans in four watersheds, beginning with Colma Creek Belmont Creek Bayfront Canal & Atherton Channel Colma & San Bruno Creeks oneshoreline.orgSan Mateo County Flood and Sea Level Rise Resiliency District Thank you City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-1029 Agenda Date:1/27/2021 Version:1 Item #:2. Report regarding a resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015-023-290 (700 Gateway Boulevard)due to bus stop turnout relocation.(Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015-023-290 (700 Gateway Boulevard)due to bus stop turnout relocation. BACKGROUND/DISCUSSION The Gateway of Pacific (“GOP”)development being constructed by Nova Partners,Inc.(“Developer”)has relocated the bus stop turnout on Gateway Boulevard that was previously in front of 700 Gateway Boulevard / GOP-3 (“Property”)(APN:015-023-290)to its new location approximately 850-feet north at 1000 Gateway Boulevard /GOP-1 (APN:015-023-310).The relocated bus stop turnout will still serve the same area and frontages as the previous bus stop turnout.This relocation was approved as part of the GOP development during their entitlement phase. The previous bus stop turnout extended into the Property and required a public easement.A public easement (“Easement”)was granted by Genentech to the City in 1984 for the purposes of the bus turnout (via DOC 84020281 as shown in Exhibit A of the accompanying resolution).Now that the bus stop turnout has been relocated,the Easement is no longer required by the City and has been requested to be vacated in summary by the Developer. The locations of the Easement and the relocated bus stop turnout are shown on Attachment 1. City-owned utility facilities,such as for sewer and storm drain,are not found to be within the property.As a result,there is no requirement to relocate utilities from the property to the public right-of-way.Additionally, vacation of the Easement does not eliminate the ability of the City,nor the private utility companies,from providing service to existing and future uses. The Developer currently has a 10-foot wide public utility easement (via DOC 84019608)that overlaps with the Easement which will allow public and private utilities to continue to have easement rights over the property frontage.This current 10-foot wide public utility easement will remain on the properties during and after the project development. Pursuant to California Streets and Highways Code section 8333,cities may summarily vacate public service easements in any of the following circumstances:(1)the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation,(2)the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation and the easement has not been used continuously since that date,(3)the easement has been superseded by relocation,or determined to be excess by the easement holder,and there are no other public City of South San Francisco Printed on 1/21/2021Page 1 of 2 powered by Legistar™ File #:20-1029 Agenda Date:1/27/2021 Version:1 Item #:2. superseded by relocation,or determined to be excess by the easement holder,and there are no other public facilities located within the easement. As the Easement has been superseded by relocation,determined to be excess,and no other public facilities are located within the Easement,the Easement may be summarily vacated.Pursuant to California Streets and Highways Code section 8335,in order to summarily vacate the Easement,the City Council must adopt a resolution of vacation. Furthermore,the new bus stop turnout location has been designed and constructed such that the new location does not require a similar easement to be granted to the City.The new bus stop turnout and sidewalk are within the City Right-of-Way and the GOP-1’s existing public walkway easement. As staff has concluded that this Easement is no longer necessary and no other public facilities and utilities are located within the Easement,staff recommends that the City Council adopt a resolution to summarily vacate the Easement. FISCAL IMPACT Approving the summary vacation will have no fiscal impact on the City. RELATIONSHIP TO STRATEGIC PLAN Approval of this easement vacation will support multi-modal transportation options per SSF Priority Area 2, Initiative 2.2. CONCLUSION Staff recommends that the City Council adopt a resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015-023-290 (700 Gateway Boulevard)due to bus stop turnout relocation. Attachment: 1.Vicinity Map City of South San Francisco Printed on 1/21/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-1030 Agenda Date:1/27/2021 Version:1 Item #:2a. A resolution approving the summary vacation of public easement for bus stop turnout on the property APN 015 -023-290 (700 Gateway Boulevard) due to bus stop turnout relocation. WHEREAS,the Gateway of Pacific (“GOP”)development being constructed by Nova Partners,Inc. (“Developer”)has relocated the bus stop turnout on Gateway Boulevard that was previously in front of 700 Gateway Boulevard /GOP-3 (“Property”)(APN:015-023-290)to its new location approximately 850-feet north at 1000 Gateway Boulevard / GOP-1 (APN: 015-023-310); and WHEREAS,a public easement (“Easement”)was granted by Genentech to the City of South San Francisco (“City”) in 1984 for the purposes of the bus turnout via DOC 84020281 described in Exhibit A; and WHEREAS, the Easement to be vacated is described by plat and legal descriptions in Exhibit A; and WHEREAS,City-owned utility facilities,such as for sewer and storm drain,are not found to be within the Property and as a result,there is no requirement to relocate utilities from the Property to the public right-of- way; and WHEREAS,vacation of the Easement does not eliminate the ability of the City,nor the private utility companies,from providing service to existing and future uses since the Developer currently has a 10-foot wide public utility easement via DOC 84019608 that overlaps with the Easement which will allow public and private utilities to continue to have easement rights over the property frontage; and WHEREAS,as the Easement has been superseded by relocation,determined to be excess,and no other public facilities are located within the Easement,the Easement may be summarily vacated pursuant to Streets and Highways Code section 8333; and WHEREAS,the new bus stop turnout location has been designed and constructed such that the new bus stop turnout and sidewalk are within the City Right-of-Way and the GOP-1’s existing public walkway easement which will not require the granting of a new separate easement; and WHEREAS,as staff has concluded that this Easement is no longer necessary and no other public facilities and utilities are located within the Easement,staff recommends that the City Council adopt a resolution to summarily vacate the Easement. THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1.Approves of the summary vacation of the Public Easement located within the property APN 015 -023-290 (700 Gateway Boulevard). City of South San Francisco Printed on 4/20/2021Page 1 of 2 powered by Legistar™ File #:20-1030 Agenda Date:1/27/2021 Version:1 Item #:2a. 2.Authorizes the City Manager to execute the necessary documents to effectuate the summary vacation of the Public Easement,subject to review and approval as to form by the City Attorney, and take any other action necessary to accomplish the intent of this resolution. ***** City of South San Francisco Printed on 4/20/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-884 Agenda Date:1/27/2021 Version:1 Item #:3. Report regarding proposed amendments to the City’s abandoned shopping carts and graffiti ordinances.(Dave Bockhaus, Deputy Director of Public Works) RECOMMENDATION Staff recommends City Council waive first reading and introduce two ordinances:an ordinance to repeal and replace Chapter 8.63 of the South San Francisco Municipal Code regarding Abandoned Shopping Carts,and an ordinance amending Chapter 10.48 of the South San Francisco Municipal Code regarding removal of graffiti on private property by the City. BACKGROUND The two proposed ordinances are the result of a citywide effort in 2020 to outline improvements the City can make to address ongoing issues of blight.As part of that process,staff identified abandoned shopping carts and graffiti removal as ongoing problems that can be improved by revising the City’s current ordinances for each. Abandoned Shopping Carts Ordinance In 2013,the City adopted an ordinance to address the problem of abandoned shopping carts in the City,which it recognized at the time as a contributor to blight and neighborhood deterioration Citywide,which impacts public health and safety. The ordinance adopted (codified at SSFMC chapter 8.63)makes it illegal to remove a shopping cart from a business premises without permission and imposes certain requirements on all businesses that provide shopping carts to their customers.This includes requirements to affix certain signage on each shopping cart and to submit and implement a plan to prevent the loss of shopping carts.(SSFMC section 8.63.050,8.63.070.)In the plan, the business must indicate that it will post certain signage on the shopping carts and in the business itself,and must identify physical measures it will take to prevent the removal of carts from the business’s premises.A business is exempt from implementing these physical measures,though,if it hires a shopping cart retrieval service approved by the City to collect its shopping carts.(SSFMC section 8.63.060.)Finally,the ordinance allows the City to impound abandoned shopping carts. (SSFMC section 8.63.100.) By adopting the signage requirement on individual shopping carts,the City was allowed,under state law,to begin recovering some of its administrative fees for impounding abandoned shopping carts.This cost recovery is constrained by state law,however:a business must pay the costs to impound a shopping cart only if the cart is not retrieved within three business days of being impounded.(SSFMC section 8.63.110;see also Business and Professions Code section 22435.7.) The 2013 ordinance helped,however the problem of abandoned shopping carts continues.Between July 2012 and July 2013,the City collected approximately 1,100 abandoned shopping carts.In 2018,staff collected 1,828 carts, and in 2019, 1,062 carts were collected. Given the continued problem of abandoned shopping carts in the City -and the City’s inability,under state law, City of South San Francisco Printed on 1/21/2021Page 1 of 3 powered by Legistar™ File #:20-884 Agenda Date:1/27/2021 Version:1 Item #:3. Given the continued problem of abandoned shopping carts in the City -and the City’s inability,under state law, to recover most of the costs of impoundment -the proposed ordinance seeks to impose additional requirements on business owners to prevent removal of shopping carts from their property in the first place and to shift responsibility for collection to businesses. It does so primarily in four ways: 1.Required retrieval services:A business would be required,either by contracting with a vendor or using its own employees,to demonstrate it has an effective procedure to search for and retrieve carts that have been removed from its premises.It must,for instance,be able to retrieve an abandoned shopping cart within 24 hours of notification by the City.To facilitate and encourage use of a cart retrieval service,the City may designate a vendor who can provide such services.This follows a similar requirement in the City of Riverside. 2.More stringent prevention plan and annual evaluations:Implementation of a prevention plan would be required of all businesses (no exceptions)and contain additional elements for the newly required retrieval services and employee training.In addition,a business would be required to submit an annual evaluation of its prevention plan.The evaluation must include:the number of shopping carts owned or used by the business,the number replaced,the number retrieved by the shopping cart retrieval service,and the number of carts retrieved or impounded by the City.If 20 percent or more of the shopping carts were retrieved or replaced within the previous year,the business would be required to modify its prevention plan. 3.Increased fines &penalties:Currently,a business faces a $1,000 civil penalty for failing to submit or modify a prevention plan,as required.In addition to this penalty,the proposed ordinance would require a business to install disabling devices on its shopping carts if the City has required it to modify its prevention plan three times in four years,demonstrating their plan to be ineffective or inadequately implemented.If a business establishment fails to install the disabling devices,it would be subject to a $1,000 civil penalty per shopping cart. 4.New citations &containment requirements:A business would be subject to a $100 citation by the City for every abandoned shopping cart found off its premises and $100 for every additional 24-hour period that the shopping cart has not been retrieved.This is a model implemented by the City of Long Beach.Businesses would also be required to secure and lock shopping carts when the businesses are closed. Graffiti Ordinance In 1991,the City identified graffiti as a public nuisance and source of blight,and established a graffiti removal program to remove unauthorized graffiti from private property in a timely manner.(See SSFMC section 10.48.010.)The program requires property owners to remove graffiti from their property,but also authorizes City staff to perform this removal with the property owner’s consent,at no cost to the property owner.(SSFMC sections 10.48.040,10.48.060.)If the owner objects to the City removing the graffiti and fails to remove the graffiti on its own within forty-eight hours,the City may recover its costs through nuisance abatement proceedings. (SSFMC section 10.48.080.) The current ordinance incentivizes property owners to wait for the City to receive a complaint and remove graffiti for free,rather than take proactive action to remove graffiti themselves.This effectively shifts the burden of graffiti removal onto the City and requires a significant amount of staff resources that could be used City of South San Francisco Printed on 1/21/2021Page 2 of 3 powered by Legistar™ File #:20-884 Agenda Date:1/27/2021 Version:1 Item #:3. burden of graffiti removal onto the City and requires a significant amount of staff resources that could be used for other maintenance issues. The proposed ordinance continues to provide graffiti removal at no cost in the case of “obnoxious graffiti,”a term defined in the municipal code to include gang-related and racist graffiti.(See SSFMC section 10.48.030.) For other graffiti,the proposed ordinance allows the City to recover its costs to remove the graffiti if the property owner does not abate.In these instances,the property owner will be given additional time to remove the graffiti on their own. The ordinance would also clarify the City’s responsibilities to property owners when performing graffiti removal, as well as clarifying the permissible means of providing notice of its intent to remove graffiti. FISCAL IMPACT No additional funding is necessary to implement the proposed ordinances.Additional staff time necessary to ensure compliance will be offset by reductions in staff hours spent on cart retrieval and graffiti abatement. RELATIONSHIP TO STRATEGIC PLAN Adoption of the two proposed ordinances supports Strategic Plan Priority #2,enhancing the quality of life for South San Francisco residents and Priority #3, improving public safety. CONCLUSION In conclusion,staff recommends City Council waive first reading and introduce two ordinances:an ordinance to repeal and replace Chapter 8.63 of the South San Francisco Municipal Code regarding Abandoned Shopping Carts,and an ordinance amending Chapter 10.48 of the South San Francisco Municipal Code regarding removal of graffiti on private property by the City. 3667580.1 Attachments: 1.Shopping Carts Hot Spots Map 2020 2.Graffiti Hot Spots Map 2020 3.Shopping Cart Ordinance and Graffiti Ordinance Amendments PowerPoint City of South San Francisco Printed on 1/21/2021Page 3 of 3 powered by Legistar™ !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( 2020 Shopping Cart Service Request Locations (420 Requests) ATTACHMENT 1 ! ! ! ! ! ! !!!!!! !! !! ! !! ! ! ! !!! ! ! !! ! ! !! ! !!! ! ! ! ! !!! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !!! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !! !!! ! ! ! ! ! ! ! !! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!! ! ! ! ! ! !! ! !! ! ! !! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! 2020 Graffiti Service Request Locations (285 Requests) ATTACHMENT 2 Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility Project ORDINANCE AMENDMENTS REPEALAND REPLACE CHAPTER 8.63 – SHOPPING CARTS AMEND CHAPTER 10.48 – GRAFFITI ABATEMENT JANUARY 27, 2021 Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti OVERVIEW •Repeal and replace existing Ordinance Chapter 8.63 to impose additional requirements on business owners to prevent removal of shopping carts from their property and to shift responsibility for collection to businesses. •Amend Ordinance Chapter 10.48, allowing the City to recover costs to remove the graffiti on private property if not completed by the property owner. Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti SHOPPING CART SERVICE REQUEST LOCATIONS - 2020 Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti SHOPPING CARTS •420 service requests – 762 shopping carts •Current burden is on city to collect and manage •No fines assessed if carts picked up within 3 days of notification •New ordinance places responsibility on business •Requires physical measures to prevent removal of carts from premises •Allows for city to impose additional requirements if current plans are ineffective •Increases fines for carts collected by city staff Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti GRAFFITI SERVICE REQUEST LOCATIONS - 2020 Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti GRAFFITI •Current ordinance provides for no cost abatement of graffiti if not completed by the property owner within 48 hours of notification. •No incentive for property owners to abate graffiti – responsibility shifted to city. •Proposed ordinance allows for city to recover cost of graffiti abatement on private property if not completed by property owner. •Allows for no cost abatement of “obnoxious graffiti,” a term defined in the municipal code to include gang-related and racist graffiti. Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectOrdinance Amendments – Shopping Carts and Graffiti QUESTIONS? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. Ordinance amending Title 8 and Replacing Chapter 8.63 of the South San Francisco Municipal Code regarding abandoned shopping carts. WHEREAS,abandoned shopping carts create potential hazards to the health and safety of the public and interfere with pedestrian and vehicular traffic within the city; and WHEREAS,wrecked,dismantled and abandoned shopping carts on public or private property can create conditions that reduce property values,interfere with pedestrian and vehicular traffic,and promote blight and deterioration in the city; and WHEREAS,in 2013,the City Council found and determined that abandoned shopping carts constitute a public nuisance, and thus adopted a shopping cart ordinance prohibiting abandonment of shopping carts; and WHEREAS,the 2013 Ordinance provided for an impoundment process for abandoned shopping carts located by the City and required business establishments to submit to the City a plan to prevent removal of shopping carts from their premises, unless the business establishment contracted for shopping cart retrieval services; and WHEREAS,despite these existing measures,the City Council finds that abandoned shopping carts continue to create a nuisance and have continued to encourage blight,litter,and deterioration of quality of life on City streets such that further measures must be taken; and WHEREAS,the City wishes to require businesses to take action to reduce the removal of shopping carts from their premises and to retrieve those shopping carts; and WHEREAS,the City Council in adopting this Ordinance seeks to impose additional requirements on specified business establishments,including increasing penalties for violations of the Ordinance,requiring business establishments to submit to the City an annual evaluation of their shopping cart prevention measures,and requiring business establishments to provide specified shopping cart retrieval services. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.The City of South San Francisco finds that all recitals are true and correct and are incorporated herein by this reference. SECTION 2.Chapter 8.63 of Title 8 (Health and Welfare)of the City of South San Francisco Municipal Code, as presently written is hereby repealed in its entirety. SECTION 3.The new Chapter 8.63 of Title 8 (Health and Welfare)of the City of South San Francisco Municipal Code is adopted to read as follows: City of South San Francisco Printed on 4/20/2021Page 1 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. Section 8.63.010 Definitions. For the purposes of this chapter,the following terms,phrases,words and their derivations shall have the meaning given herein.When inconsistent with the context,words used in the present tense include the future, words used in the plural number shall include the singular number,and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A.“Abandoned shopping cart”means any shopping cart that has been removed without written permission of the storeowner from the premises of the business establishment and has been left unattended on either private or public property.Written permission to remove a shopping cart from a storeowner’s premises shall be valid for a period not to exceed seventy-two hours. B.“Business establishment”means a retailer,coin-operated laundry,or other commercial business in the City of South San Francisco that provides shopping carts to customers. C.“City enforcement personnel”means staff of the City of South San Francisco’s Public Works Department or other City officer(s) designated by the City Manager to enforce this chapter. D.“Disabling device”means a device placed on a shopping cart that prevents it from being removed from a business establishment’s premises by locking the wheels or otherwise preventing the movement of the shopping cart. E.“Premises”means the entire area owned and utilized by a business establishment that provides shopping carts for use by customers,including any parking lot or other property provided by the business establishment for customer parking,and excluding the public right-of-way (such as sidewalks and streets) and adjacent property owned by others over which the storeowner has no right of entry. F.“Prevention Plan”means a specific plan to prevent customers from removing shopping carts from the premises of a business establishment, as required by this chapter and which is approved by the City. G.“Shopping cart”means a basket that is mounted on wheels and is provided by a business establishment for use by a customer for the purpose of transporting goods of any kind. Section 8.63.020 Enforcement of chapter-Regulations. A.The provisions of this chapter shall be enforced by City enforcement personnel,who are authorized to investigate any alleged violations of this chapter and,as provided for in this chapter,to issue an administrative citation upon any individual or business establishment whom City enforcement personnel has reasonable cause to believe has violated a provision of this chapter. B.To the extent otherwise permitted by law,City enforcement personnel may enter onto any public or private property in the City to retrieve,remove,store,and dispose of any lost,stolen,or abandoned shopping cart, or any part thereof. C.The City’s director of public works is hereby authorized to issue and implement rules,regulations, procedures, and policies to enforce this chapter. City of South San Francisco Printed on 4/20/2021Page 2 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. Section 8.63.030 Signs on shopping carts required. In accordance with California Business and Professions Code section 22435.1,every shopping cart owned or provided for the use of customers by any business establishment in the City must have a sign permanently affixed to it that contains the following information: A.The name of the owner of the shopping cart or the name of the business establishment where the shopping cart is in lawful use, or both; B.An identification number unique to each cart owned or provided by a cart owner; C.Notification to the public of the procedure to be used for authorized removal of the shopping cart from the premises; D.Notification to the public that the unauthorized removal of the shopping cart from the premises or the unauthorized possession of the shopping cart off the premises is a violation of state and city laws; E.A telephone number to contact to report the location of an abandoned shopping cart;or an address where the shopping cart can be returned to the business establishment. A violation of this section shall occur for every shopping cart provided by a business establishment that does not have affixed the required identification.Any violation of this section shall be subject to an administrative citation. Fines shall be assessed at one hundred dollars ($100.00) for each violation. Section 8.63.040 Removal or possession of abandoned shopping cart prohibited. A.It shall be unlawful to temporarily or permanently remove a shopping cart from the premises of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 72 hours. B.It shall be unlawful to be in possession of a shopping cart that has been removed from the premises of a business establishment unless it is in the process of being immediately returned to the owner or business establishment. C.This section shall not apply to shopping carts that are removed for the purposes of repair or maintenance. D.Any violation of this section shall be subject to an administrative citation.Fines shall be assessed at one hundred dollars ($100.00) for each violation. Section 8.63.050 Shopping cart retrieval services required. A.A business establishment shall implement a procedure to search for,find,and return abandoned shopping carts removed from its premises.This procedure shall be subject to approval by the city through approval of the business establishment’s prevention plan.The business establishment must demonstrate that it will search for and locate shopping carts within a two-mile radius of the business premises and that it will respond to complaints from the public or notifications from City enforcement personnel regarding the City of South San Francisco Printed on 4/20/2021Page 3 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. will respond to complaints from the public or notifications from City enforcement personnel regarding the business establishment’s abandoned shopping carts in a manner that results in the retrieval of the shopping carts within 24 hours of receiving the notification. B.The director of public works may designate a third-party vendor to provide shopping cart retrieval services for business establishments in the City of South San Francisco.This vendor shall conform to all the requirements in this ordinance.Business establishments may engage the services of this vendor by contracting with the vendor for a fee. C.If a business establishment chooses not to contract with the city’s vendor or if the city does not designate a vendor,the business establishment may,subject to city approval,provide shopping cart retrieval services using its own personnel or by contracting with another cart retrieval service operator approved by the city. D.Any vendor providing shopping cart retrieval services under this chapter shall not place limits on daily loads or number of days per week to retrieve shopping carts within the city. E.The business establishment shall provide written authorization to each person performing cart retrieval services on behalf of the business establishment.This written authorization shall be carried by each person performing cart retrieval services and shall be provided to any city enforcement personnel upon request. Section 8.63.060 Cart containment required. A.Each business establishment must contain its shopping carts on the premises at all times.Any instance in which a shopping cart owned or provided by a business establishment is found off of its premises,unless otherwise authorized by this chapter,shall be considered a violation by the business establishment of this subsection, and an administrative citation and fine may be issued immediately. B.Upon receiving notification that one or more of its shopping carts has been found off premises,a business establishment shall retrieve the shopping cart(s)within twenty-four (24)hours.Unless the shopping cart has been impounded by the city pursuant to this chapter,failure to retrieve any of the shopping cart(s)within twenty-four hours constitutes a separate violation of this chapter and is punishable by an additional fine,as provided for in subsection D.For purposes of this subsection,notification may include receipt of an administrative citation. C.Every business establishment that owns or provides shopping carts for the use of its customers shall ensure that all shopping carts on its premises are securely locked and stored at all times when the business establishment is closed. D.Any violation of this section shall be subject to an administrative citation.Fines shall be assessed at one hundred dollars ($100.00) for each violation. Section 8.63.070 Prevention plan required. A.Plan.Every business establishment shall develop and implement a specific prevention plan,as defined in this chapter,to prevent customers from removing shopping carts from the premises.In addition to identifying the number of shopping carts owned by the business establishment,the prevention plan must City of South San Francisco Printed on 4/20/2021Page 4 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. include the following elements and a detailed description of how they will be implemented: 1.Signs.Conspicuous signs shall be placed on or near all exit doorways leading out of the business establishment and near all parking lot exits to warn customers that shopping cart removal is prohibited and constitutes a violation of state and local law. 2.Physical measures.Specific physical measures shall be implemented to prevent shopping cart removal from the business premises.These measures may include,but are not limited to,disabling devices on all shopping carts,posting of a security guard to deter and stop customers who attempt to remove shopping carts from the premises,bollards and chains around business premises to prevent shopping cart removal,security deposits required for use of all shopping carts,or the rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases. 3.Shopping cart retrieval operation.A business establishment shall implement a procedure to search for,find,and return abandoned shopping carts removed from its premises,in accordance with the requirements of this chapter. 4.Employee training.The business establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the prevention plan and the provision of City and state law prohibiting the unauthorized removal of shopping carts from the premises of the business establishment. B.Submission by existing business establishments.A business establishment shall submit a proposed prevention plan for approval to the City within sixty days after adoption of the ordinance codified in this chapter and each time it proposes to amend its existing prevention plan.If the business establishment submitted a prevention plan before adoption of the ordinance codified in this chapter,it shall be required to submit a new prevention plan that complies with this chapter, as amended. C.Submission by new businesses or changed ownership.Any new business establishment subject to this chapter shall submit a proposed prevention plan and obtain City approval prior to providing any shopping carts to customers.If an existing business establishment changes ownership,the new owner shall notify the director of public works or his or her designee and shall submit a new prevention plan or agree to adopt the existing prevention plan on file with the City for that business establishment within 30 days of the change of ownership. D.Approval.Within 30 days of receipt of the proposed prevention plan,the business establishment shall be notified whether the prevention plan is approved.If the prevention plan is not approved,the notice shall state its reasons and provide recommendations to the business establishment to modify the prevention plan to ensure approval.The business establishment shall submit a revised prevention plan within 15 days of receiving this notice. E.Implementation.Once a prevention plan is approved,its measures shall be implemented within 30 days of the City’s approval and shall be continued until and unless the City indicates that a measure(s)needs to be modified. F.Modification.At any time after the City’s approval of a prevention plan,the business establishment may submit to the director of public works or his or her designee a modification of the previously approved plan to address a change in circumstances,address an unanticipated physical or economic impact of the plan,or City of South San Francisco Printed on 4/20/2021Page 5 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. to address a change in circumstances,address an unanticipated physical or economic impact of the plan,or modify an inadequate or ineffective plan.Such modification shall be implemented within 30 days of approval by the City.The City may also modify or require a business establishment to modify a previously approved plan which has been demonstrated to be ineffective or inadequately implemented.Grounds for required modification include,but are not limited to,a high number of abandoned shopping carts within the previous year,as determined by administrative rule or regulation,or if 20 percent or more of the business establishment’s shopping carts were retrieved or replaced due to loss,theft,or abandonment within the previous year.Unless otherwise agreed,any modifications to the plan imposed by the City shall be implemented within 30 days of the City notifying the business establishment of the needed modifications. G.Multiple modifications.Upon the third prevention plan modification required by the City within a four- year time period,the business establishment shall be required to place disabling devices on all carts owned, leased,or used by the business establishment to prevent removal of carts from the premises,if such disabling devices are not already in use.If disabling devices are already in use,business establishment shall be required to show proof of proper maintenance and repairs ensuring the disabling devices on all carts are in proper working order.Any subsequent prevention plans submitted shall include the implementation of a maintenance plan for all disabling devices. H.Penalties.In addition to any other applicable civil penalties set forth in this chapter,any business establishment that fails to submit a proposed prevention plan,implement an approved prevention plan, implement any modifications to the prevention plan required by the City,or its implementing rules and regulations,shall be subject to a one thousand dollar civil penalty,plus an additional penalty of fifty dollars for each day of noncompliance.Any business establishment that is required to install disabling devices on its shopping carts pursuant to subsection G and fails to install any of the disabling devices shall be subject to a one thousand-dollar civil penalty per shopping cart,plus an additional penalty of fifty dollars for each day of noncompliance. Section 8.63.080 Annual evaluation report required. A.A business establishment shall be required to submit to the City a report evaluating the measures that were used and approved in its prevention plan put in place the previous calendar year.The evaluation report shall include,but not be limited to,the following information over the prior year:(i)the number of shopping carts owned or used by the business establishment,(ii)the number of shopping carts that had to be replaced due to loss,theft,or abandonment,(iii)the number of shopping carts that were retrieved by the shopping cart retrieval service,(iv)the number of shopping carts that were retrieved or impounded by the City, and (v) the prevention measures in place. B.Evaluation reports shall be submitted by January 31 of each year,beginning in the calendar year after adoption of the ordinance codified in this chapter. C.Failure to submit an annual evaluation report within the time frames specified in this section will be subject to the same penalties as for failing to submit,implement,or modify a prevention plan provided for in this chapter. Section 8.63.090 City authority to impound and dispose of shopping carts. A.The City may retrieve and impound any abandoned shopping cart that has a sign affixed as required by this chapter and that is located within the City of South San Francisco,including shopping carts of business City of South San Francisco Printed on 4/20/2021Page 6 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. this chapter and that is located within the City of South San Francisco,including shopping carts of business establishments not located within city limits.The requirements for notice,impoundment,and recovery of the shopping cart shall be governed by California Business and Professions Code section 22435.7,as amended. B.Any shopping cart impounded by the City and not reclaimed within 30 days of notification to its owner of impoundment shall be sold or otherwise disposed of by the City pursuant to California Business and Professions Code Section 22435.7, as amended. C.The City may retrieve and immediately dispose of any abandoned shopping carts located within the City of South San Francisco that lack the signs required by this chapter. Section 8.63.100 Administrative costs and fines for City retrieval of shopping carts. Pursuant to Business and Professions Code Section 22435.7,any business establishment that fails to retrieve its abandoned cart(s)within three business days after receiving notice from the city,shall pay the city’s administrative costs for retrieving the cart(s)and providing the notification to the owner.Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six- month period shall be subject to a fifty dollar fine for each occurrence.An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period. Section 8.63.110 Businesses without shopping carts. A commercial business that does not own,rent,lease,or otherwise possess its own shopping carts,but that receives a benefit by the use of shopping carts owned by other business establishments,merchants,grocers,or other similar establishments,shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the City’s shopping cart retrieval service to retrieve any shopping carts that are left on its premises. This section specifically applies to recycling centers. Section 8.63.120 Citations-Appeals. A.Any administrative citation issued under this chapter shall contain the information required by Chapter 8.54 and,if applicable,information regarding the discovery and location of a business establishment’s abandoned shopping cart. B.An administrative assessment of fines or costs may be appealed administratively to the city manager. The city manager’s decision shall be final and binding. C.A party aggrieved by a final administrative decision of the city may seek judicial review of the administrative decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within the time frame pursuant to those code sections. Section 8.63.130 Violation declared a public nuisance. In addition to any fines and administrative penalties provided for in this chapter,a violation of any provision of this chapter is declared a public nuisance and may be abated pursuant to Chapter 8.54 in a manner consistent with this chapter and to the extent allowed by state law. City of South San Francisco Printed on 4/20/2021Page 7 of 8 powered by Legistar™ File #:20-885 Agenda Date:1/27/2021 Version:1 Item #:3a. Section 8.63.140 Civil enforcement. Any business establishment that violates any provision of this chapter shall be subject to enforcement procedures for each violation through any lawful means available to the city, including a civil action. SECTION 4.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 5.Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. City of South San Francisco Printed on 4/20/2021Page 8 of 8 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-886 Agenda Date:1/27/2021 Version:1 Item #:3b. Ordinance amending Title 10,Chapter 10.48 of the South San Francisco Municipal Code pertaining to graffiti abatement by the City. WHEREAS,the City of South San Francisco adopted a graffiti removal ordinance (Municipal Code chapter 10.48)in 1991 to provide regulations designed to prevent and control the spread of graffiti in the city and to provide a program for removal of graffiti from walls and structures on both public and private property in a timely manner; and WHEREAS,as authorized state law,the graffiti removal ordinance created two ways for the City to remove graffiti from public and private property -either (1)with the property owner’s consent,at no cost to the property owner,or (2)if the owner objects and fails to remove the graffiti on its own,through nuisance abatement proceedings, in which the City may recover its costs; and WHEREAS,City staff believes the current ordinance incentivizes property owners to wait for the City to receive a complaint and remove graffiti for free,rather than take proactive action to remove graffiti themselves; and WHEREAS,staff further believes that shifting responsibility for the cost of the City’s graffiti removal to private property owners will reduce City costs without impacting the City’s efforts to deter blight; and WHEREAS,the City wishes to recover these costs,while continuing to provide graffiti removal at no cost to property owners in cases of “obnoxious graffiti,”such includes gang-related and racist graffiti,as defined by South San Francisco Municipal Code section 10.48.030; and WHEREAS,the City also wishes to clarify the City’s responsibilities to property owners when performing graffiti removal, as well as clarifying the permissible means of providing notice of its intent to remove graffiti. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Findings The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2.Amendments to Title 10, Chapter 10.48, Section 10.48.060 Title 2,Chapter 10.48,section 10.48.060 of the South San Francisco Municipal Code is hereby amended to read as follows.Additions are marked in underline,italics,and bold;deletions are marked in strikethrough and bold.Sections and subsections that are not amended by this Ordinance are not included below,and shall remain in full force and effect. City of South San Francisco Printed on 4/20/2021Page 1 of 3 powered by Legistar™ File #:20-886 Agenda Date:1/27/2021 Version:1 Item #:3b. 10.48.060 Removal of Graffiti. (a)Whenever graffiti or other inscribed material is so located on public or privately owned permanent structures,or on public or privately owned real property within the city which either is visible from any public right-of-way or from a property adjacent to the property on which the graffiti is located,chief of police, director of public works,or designee is authorized to provide for the removal of the graffiti in accordance with state law and established city procedures. (b)Graffiti found on property owned by a public entity other than the city may be removed after securing consent from the public agency having jurisdiction over the structure or real property on which the graffiti is located. The removal will be at no cost to the public entity. (c)Prior to removal of obnoxious graffiti from private property,notice shall be given to the property owner verbally or shall be posted on the property stating that if the obnoxious graffiti is not removed within forty- eight hours,the city will enter onto the property and remove the obnoxious graffiti.After either obtaining verbal consent or receiving no objection within fForty-eight hours of after posting notice,the city may enter the property and remove any existing obnoxious graffiti at no cost to the property owners.Any renter or other occupant of premises posted under this section shall immediately forward the posted notice to the property owner. (d)Prior to the removal of graffiti that does not qualify as obnoxious graffiti under this chapter,notice shall be given to the property owner verbally or shall be posted on the property stating that if the graffiti is not removed within five calendar days,the city will enter onto the property and remove the graffiti at the private property owner’s expense.After either obtaining verbal consent or receiving no objection within five business days of posting the notice,the city may enter the property and remove any existing graffiti.Any renter or other occupant of premises posted under this section shall immediately forward the posted notice to the property owner. (e)When the city removes graffiti from private property in accordance with subsections (c)or (d),it shall use reasonable care and shall not be responsible for any damage caused,unless it has acted negligently or recklessly.The city shall be under no obligation to match the applied paint to existing paint colors on the property or any structures within,or to repaint such property after removing the graffiti.The property owner shall have 30 calendar days from the date of graffiti removal by the city to repaint and return the property to its prior state or a substantially similar state. (f)When the city removes graffiti from private property in accordance with subsection (d),the city may seek payment from the property owner for all city costs to remove the graffiti,in conformance with the cost recovery and lien and assessment procedures set forth in Chapter 8.54 of this code. 10.48.070 Failure to provide consent for graffiti removal. In the event the owner or manager or person in control of a property where graffiti has been found objects to the city to entering upon the property for the purpose of removing graffiti in accordance with this chapter,the property owner or manager or person in control shall remove the graffiti at private expense within five days forty-eight hours of receipt of notification by city of the obligation to do so,or,in the case of obnoxious City of South San Francisco Printed on 4/20/2021Page 2 of 3 powered by Legistar™ File #:20-886 Agenda Date:1/27/2021 Version:1 Item #:3b. graffiti, within forty-eight hours of receipt of notification by city. 10.48.080 Graffiti abatement process. Failure of the property owner or manager or person in control to remove graffiti within the five-day or forty-eight-hour period,as applicable under this chapter,and object to the city removing it,shall constitute a public nuisance and upon discovery of such public nuisance,the city shall notify the owner or manager or person in control that the nuisance shall be abated by the city at private expense.All other aspects of the nuisance abatement process,including assessment of costs,shall be carried out in conformance with Chapter 8.24 of this code. SECTION 4.Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 5.Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. City of South San Francisco Printed on 4/20/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-29 Agenda Date:1/27/2021 Version:1 Item #:4. Report regarding a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and the Town of Atherton for the purchase of $1,427,825 in PG&E Rule 20A Credits for the amount of $645,521.(Eunejune Kim, Public Works Director) RECOMMENDATION Staff recommends that City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and the Town of Atherton for the purchase of $1,427,825 in PG&E Rule 20A Credits for the amount of $645,521. BACKGROUND/DISCUSSION In 1968,the California Public Utilities Commission (CPUC)and utility companies established the Rule 20A program to underground utilities across the State.Under Rule 20A,PG&E allocates work credits on a calendar year basis,to convert existing overhead electrical facilities to underground electrical facilities within the communities it serves.In accordance with this program,Pacific Gas and Electric Corporation (PG&E) annually allocates approximately $204,000 (varies slightly by year)of work credits to the City to cover PG&E’s costs for undergrounding its overhead utilities.The work credits are allocated based on a calculation that considers the number of all electric meters,both overhead and underground,in the City in relation to those in PG&E’s service territory.The City has accumulated a work credit balance of $7.2M and can also borrow up to five years’worth of future allocations,giving the City access to approximately $8.2M in PG&E credits. Under CPUC Rule 32,the telecommunications companies do not issue credits,but must pay their share of costs for qualified Rule 20A projects.The City is responsible for paying its fair share of costs associated with City infrastructure and electrical services such as street lights, traffic signals and other municipal services. City Council previously established that it is in the public interest to convert the overhead utility systems to underground within the corridors of Antoinette Lane,Mission Road and Spruce Avenue.City and utilities recently completed construction for the Antoinette Underground Utility District (UUD).City and utilities are in the early design phase for the Mission Road UUD.Based on PG&E’s latest estimates,the Rule 20A credit cost of the three projects is $9.8M (Antoinette -$2.8M;Mission -$2.8M;Spruce -$4.2M).The estimated Rule 20A credit deficit to complete Spruce Avenue UUD is $1.6M. In November,2020,Council authorized the City Manager to negotiate the purchase of Rule 20A credits with other agencies to ensure funding for the Spruce Avenue UUD.The City Manager has negotiated with the Town of Atherton to purchase its $1,427,825 in available credits for the amount of $642,521 ($0.45 per $1.00),which would reduce City’s Rule 20A credit deficit to $0.2M.The City will be able to borrow a future year’s allocation to make up the $0.2M deficit by the end of this fiscal year.It is important to stress that all estimated costs quoted in this report are highly conceptual and subject to substantial change as design work on the Mission and Spruce districts is completed. FISCAL IMPACT Unappropriated Infrastructure Reserves would fund the proposed purchase of Rule 20A credits.City’s unappropriated Infrastructure Reserve Fund has a current balance of $22,200,000. City of South San Francisco Printed on 1/21/2021Page 1 of 2 powered by Legistar™ File #:21-29 Agenda Date:1/27/2021 Version:1 Item #:4. RELATIONSHIP TO STRATEGIC PLAN Pursuing the undergrounding of utilities along Spruce Avenue will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing an improved aesthetic appearance along this largely residential route, and improving the safety and reliability of utility service along the corridor. CONCLUSION Staff recommends authorizing the City Manager to enter the Memorandum of Understanding with the Town of Atherton for the purchase of $1,427,825 in available Rule 20A credits for the amount of $642,521. Attachment: 1.Antoinette Lane Underground District Map 2.Mission Road Underground District Map 3.Spruce Avenue Underground District Map City of South San Francisco Printed on 1/21/2021Page 2 of 2 powered by Legistar™ Attachment 3 City of South San Francisco Proposed Spruce Avenue -Underground Utility District _J From: Baker, John C. Sent: Wednesday, January 27, 2021 12:56 PM To: Addiego, Mark <>; Nagales, Mark <>; Coleman, James <>; Nicolas, Flor <> Cc: Futrell, Mike <>; Acosta, Rosa <>; Eddie Flores <>; Kim, Eunejune <> Subject: Rule 20A Credits Dear South San Francisco leaders, As your local liaison with the California Public Utilities Commission, this is an advisory note about Item 4 on tonight’s city council agenda. First, I must reiterate the official position of the CPUC that Rule 20A credit exchanges between municipalities are neither allowed nor disallowed in the current Rule 20A tariff, and are not condoned by the Commission. That said, the CPUC recognizes the longstanding practice. Should the City of SSF go forward with this purchase, the Council should be aware of pending modifications to the Rule 20A program (Rulemaking 17-05-010) that are set to be voted upon this spring at the CPUC (there is a statutory deadline of April 10, 2021). I gave a much more-detailed description to the San Mateo County Public Works Directors at their group meeting in July, so I believe Mr. Kim is clear, but there are a couple provisions you should be aware of while discussing a purchase of credits. In summary: The draft proposal before the Commission is to sunset the existing Rule 20A program over the course of about 10 years and transform the whole program into a modified, tiered version of the Rule 20B program, with reimbursements to municipalities ranging from 20%-50%commensurate with public benefits (no more need to wait for credits to accrue). After 10 years, any unused Rule 20A credits will be eliminated to zero. I see maps and a MOU in your agenda today, but no text with a timeline. So, in looking out for my friends in South City, I ask you please be aware of two things: 1. the proposed requirement that Rule 20A funds be designated to an undergrounding district before Year 10 — probably not a problem with this purchase, but we all know the pace of change is not always fast, and 2. If you are going to buy credits from other municipalities, it’s probably best to buy them now because exchanges would be strictly regulated if the proposal is approved by the Commission. (Just FYI, here’s a link to the ongoing Rule 20 proceeding: https://www.cpuc.ca.gov/General.aspx?id=6442465114). Please let me know if you have any questions on this or any other CPUC matters, John John C. Baker Local Government Liaison, Executive Division California Public Utilities Commission Government Code Section 54957.5 SB 343 Agenda: 1/27/2021 SP CC Item # 4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-30 Agenda Date:1/27/2021 Version:1 Item #:4a. Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and the Town of Atherton for the purchase of $1,427,825 in PG&E Rule 20A Credits for the amount of $645,521. WHEREAS,electric utilities collect and annually allocate credits to communities to convert overhead electric facilities to underground electric facilities, which are commonly referred to as Rule 20A credits; and WHEREAS,Pacific Gas and Electric Company (“PG&E”)has allocated certain amount of Rule 20A credits to the Town of Atherton (“Town”),and the Town has accumulated $1,427,825 in such credits and does not have an active or planned project to underground overhead utilities; and WHEREAS,PG&E’s Rule 20A credit program allows agencies to trade or sell unencumbered Rule 20A credits to other agencies based on a mutually agreeable rate of exchange and an agreement between the agencies for the trade or sale of such credits; and WHEREAS,the City of South San Francisco (“City”)has identified qualifying planned utility project(s)for which it would utilize additional available Rule 20A credits; and WHEREAS,in November 2020,the City Council authorized the City Manager to negotiate the purchase of Rule 20A credits with other public agencies to ensure funding for the City’s utility projects including utility undergrounding districts; and WHEREAS,the City and Town have negotiated a Memorandum of Understanding (MOU)attached hereto as Exhibit A,for the City to purchase Rule 20A credits from the Town at a rate of $0.45 for each $1.00 credit, subject to approval by PG&E of the transfer of credits; and WHEREAS,on January 20,2021,the Town Council authorized the Town Manager to executed the MOU with the City for the transfer of accrued Town Rule 20A credits. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco,that the City Council hereby approves a Memorandum of Understanding (MOU)between the City of South San Francisco and the Town of Atherton,attached hereto and incorporated herein as Exhibit A,for the purchase of $1,427,825 in PG&E Rule 20A credits for the amount of $645,521. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the MOU in substantially the same form as Exhibit A,and any other related documents on behalf of the City,subject to approval by the City of South San Francisco Printed on 4/20/2021Page 1 of 2 powered by Legistar™ File #:21-30 Agenda Date:1/27/2021 Version:1 Item #:4a. City Attorney. ***** City of South San Francisco Printed on 4/20/2021Page 2 of 2 powered by Legistar™ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into the ___ day of _____________, 202_ (Effective Date), by and between the Town of Atherton (ATHERTON) and the City of South San Francisco (SSF). Atherton and SSF are sometimes individually referred to herein as "Party" and collectively as "Parties". RECITALS A.Electric Utilities collect and annually allocate credits to communities to convert overhead electric facilities to underground electric facilities. (These credits are commonly referred to as Rule 20A Credits). The amount of said credits allocated by Pacific Gas and Electric Company (PG&E) to the Town of Atherton is hereafter referred to as the "TOWN Allocation". B.SSF has identified qualifying project(s) for which it would utilize available Rule 20A Credits. C.O n ___________, 202_, the ATHERTON City Council authorized the ATHERTON City Manager to enter into this MOU with SSF for the transfer of accrued ATHERTON Rul e 20A Credits. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1.ATHERTON agrees to assign, for use by SSF, its rights and interests in the TOWN Allocation to SSF, and SSF agrees to acquire, for consideration, the TOWN Allocation in accordance with the terms of this MOU. This MOU shall be subject to the approval of the Parties and shall become effective on the date when both such approvals have been obtained (Effective Date). 2.SSF shall purchase the accumulated TOWN Allocation at a purchase price of $0.45 per $1.00 of TOWN Allocation Credits. The calculated payment amount shall be known as the “Acquisition Price.” 3.Within thirty (30) business days of the Effective Date, SSF shall make a payment to ATHERTON in the amount of $642,521.25 (Acquisition Price) for the purchase of the currently available TOWN Allocation credits valued at $1,427,825. Payment shall be made in immediately available funds via check or wire transfer to an account designed by ATHERTON. The Acquisitio n Price shall constitute full consideration for the transfer and assignment of the TOWN Allocation transferred pursuant to this MOU. 4.Within ten (10) business days of ATHERTON's receipt of the Acquisition Price funds, ATHERTON shall deliver a written request to PG&E, with a copy to SSF, making a formal Exhibit A request to transfer and assign the TOWN Allocation, for which payment was made at a rate of $0.45 for each $1.00 credit to and for the benefit of SSF. ATHERTON shall cooperate in good faith with SSF to provide any additional documentation or information that is reasonably requested by PG&E to complete the transfer. In the event that PG&E is unable to complete, or does not approve, the transfer, ATHERTON shall return the Acquisition Price funds to SSF within ten (10) business days of PG&E's written notification to ATHERTON that PG&E will not complete the transfer. 5. SSF acknowledges and agrees that it has conducted its own investigation as to the applicability and transferability of the TOWN Allocation for use by SSF and that ATHERTON has not made any representation or warranty to SSF with respect to same. The actual use of the TOWN Allocation by SSF shall be subject to the rules and procedures adopted by PG&E, the California Public Utilities Commission, and such other conditions or requirements as are set forth in the Public Utilities Code. 6. Each Party shall hold harmless, defend, and indemnify the other Party and its governing body, officers, employees, and agents from and against any and all liability, loss. damage, expense and costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the performance of the terms hereunder, or failure to comply with any of the obligations in this MOU, except such loss or damage caused by the sole negligence or willful misconduct of the other Party. 7. In the event that either Party is in breach of its obligations as set forth in this MOU, then the non-defaulting Party shall have the right to terminate this MOU on ten (10) business days' written notice to the defaulting Party unless the default is cured within the notice period. Upon termination for breach, the non-defaulting party may exercise any right or remedy which it may have under applicable law. 8. All notices to be given pursuant to this MOU shall be delivered in person, by U.S. mail, or by commercial overnight delivery and shall be effective upon receipt. All notices shall be sent and addressed to the representative of the Party that signs this MOU on behalf of the Party, as follows: City of South San Francisco Town of Atherton Attn: City Manager City Manager 400 Grand Ave. 150 Watkins Avenue (Temporary Trailers) South San Francisco, CA 94080 Atherton, CA 94010 9. SSF and ATHERTON are independent contractors with respect to each other. This MOU is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture, or any other similar association. Nothing in this MOU shall be construed to create an employment relationship between SSF and any employee of ATHERTON or between ATHERTON and any employee of SSF. Each party shall be solely responsible for the acts or omissions of its officers, agents, employees, and subcontractors. 10. This MOU shall constitute the entire agreement between the Parties relating to the subject matter of this MOU, and shall supersede any previous agreements, promises, representations, understanding and negotiation, whethe r oral or written, concerning the same subject matter. 11. This MOU shall be governed and construed in accordance with the laws of the State of California, and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of San Mateo. 12. Each party shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 13. A waiver by either party of any breach of any term, covenant, or conditions contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 14. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the MOU or any other rule of construction which mi ght otherwise apply. No addition to, or alteration of, the terms of this MOU shall be valid unless made in writing and signed by the Parties. 15. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 16. In the event of any dispute or legal action arising under this MOU, the prevailing Party shall not be entitled to attorney's fees. 17. This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (Signatures on Next Page) IN WITNESS WHEREOF, The Town of Atherton and City of South San Francisco have executed this Memorandum of Understanding effective on the date and year first hereinabove set forth. TOWN OF ATHERTON George Rodericks, City Manager Date ATTEST: Anthony Suber, City Clerk Date APPROVED AS TO FORM: Mona G. Ebrahimi , City Attorney Date CITY OF SOUTH SAN FRANCISCO Mike Futrell, City Manager Date ATTEST: Rosa Govea Acosta, City Clerk Date APPROVED AS TO FORM: Sky Woodruff, City Attorney Date 3672968.2