HomeMy WebLinkAbout2016-04-27 E-PACKETWednesday, April 27, 2016
7:00 PM
City of South San Francisco
P.O. Box 711
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
City Council
Regular Meeting Agenda
April 27, 2016City Council Regular Meeting Agenda
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Council
business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San
Francisco, California.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
MARK ADDIEGO, Mayor
PRADEEP GUPTA, Vice Mayor
KARYL MATSUMOTO, Councilwoman
RICHARD A. GARBARINO, Councilman
LIZA NORMANDY, Councilwoman
FRANK RISSO, City Treasurer
KRISTA MARTINELLI, City Clerk
MIKE FUTRELL, City Manager
JASON ROSENBERG, City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY
COUNCIL MEETINGS
In accordance with California Government Code Section 54957.5, any writing or document that is a public
record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting
will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the
document or writing is not distributed until the regular meeting to which it relates, then the document or writing
will be made available to the public at the location of the meeting, as listed on this agenda. The address of City
Hall is 400 Grand Avenue, South San Francisco, California 94080.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
Page 2 City of South San Francisco Printed on 4/29/2016
April 27, 2016City Council Regular Meeting Agenda
PRESENTATIONS
Recognition of Peninsula Council of Lions Public Safety Award presented to Police
Captain Ron Carlino, Police Officer Kathleen Walsh, Fire Captain Matt Samson,
Paramedic Firefighter Heath Kelly and Paramedic Firefighter Travis Higdon. (Jeff
Azzopardi, Police Chief and Gerry Kohlmann, Fire Chief).
1.
PUBLIC COMMENTS
For those wishing to address the City Council on any Agenda or non-agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber’s and
submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to
address or the topic of your public comment. California law prevents the City Council
from taking action on any item not on the Agenda (except in emergency
circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future Agenda for
more comprehensive action or a report. When your name is called, please come to the
podium, state your name and address (optional) for the Minutes. COMMENTS ARE
LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your
cooperation.
COUNCIL COMMENTS/REQUESTS
PUBLIC HEARING
Public Hearing on the City’s 2016-2017 One Year Action Plan for the Community
Development Block Grant (CDBG) Program and resolution approving the City's
2016-2017 One Year Action Plan; authorizing submittal of the City’s 2016-2017 One
Year Action Plan and all other required documents to the U.S. Department of
Housing and Urban Development (HUD); authorizing a budget transfer to incorporate
the CDBG and HOME administrative funds into the 2016-2017 operating budget; and
authorizing the City Manager to execute all documents and certifications necessary to
secure and award CDBG and HOME administrative funds for the City. (Julie
Barnard, ECD Coordinator)
2.
A Resolution approving the City’s 2016-2017 One Year Action Plan; authorizing
submittal of the City’s 2016-2017 One Year Action Plan and all other required
documents to the U.S. Department of Housing and Urban Development (HUD);
authorizing a budget transfer to incorporate the CDBG and HOME administrative
funds into the 2016-2017 Operating Budget; and authorizing the City Manager to
execute all documents and certifications necessary to secure and award CDBG and
HOME administrative funds for the City.
2a.
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April 27, 2016City Council Regular Meeting Agenda
Report recommending approval of a Motion to Waive Reading and Introduce an
Ordinance Amending Chapter 19.24 to Modify the Amount and Method of
Calculation for the Dedication of Land and Payment of Fee In Lieu of Dedication of
Land Pursuant to the Quimby Act and Introduce an Ordinance Adding Chapter 8.67
to the South San Francisco Municipal Code Imposing a New Parkland Acquisition
Fee and a Park Construction Fee for Residential Rental Development Projects and
Certain Types of Projects Not Otherwise Subject to the Quimby Act (Sharon Ranals,
Director of Parks and Recreation)
3.
Ordinance Amending Chapter 19.24 of the South San Francisco Municipal Code to
Modify the Amount and Method of Calculation for the Dedication of Land and
Payment of a Fee in Lieu of Dedication of Land Pursuant to the Quimby Act
3a.
Ordinance Adding Chapter 8.67 to the South San Francisco Municipal Code
Requiring the Payment of a Parkland Acquisition Fee and Park Construction Fee to
Mitigate the Impacts of New Developments on Park and Recreational Facilities in the
City
3b.
ADMINISTRATIVE BUSINESS
Motion to accept the Fiscal Year 2015-16 quarter one through quarter three
ambulance services financial report.
(Chief Kohlmann)
4.
Report regarding resolution authorizing the City Manager to enter into a two year fee
for services contract with Resolve Insurance Systems, LLC., for secondary billing
services of aged accounts at a compensation rate not to exceed 30 percent of
recovered revenue. (Chief Kohlmann)
5.
A Resolution authorizing the City Manager to enter into a two year fee for services
contract with Resolve Insurance Systems, LLC., for secondary billing services of
aged accounts at a compensation rate not to exceed 30 percent of recovered revenue
5a.
Report recommending approval of a Resolution approving the summary vacation of
public utility easements on the following properties: APNs 012-314-100 (405
Cypress Avenue); 012-317-090 (421 Airport Boulevard); 012-317-100 (411 Airport
Boulevard); 012-317-110 (401 Airport Boulevard); 012-318-040 (309 Airport
Boulevard) and 012-318-080 (315 Airport Boulevard) to allow for development of
the properties. (Patrick Caylao, Associate Civil Engineer)
6.
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April 27, 2016City Council Regular Meeting Agenda
A resolution approving the summary vacation of public utility easements on the
following properties: APNs 012-314-100 (405 Cypress Avenue); 012-317-090 (421
Airport Boulevard); 012-317100 (411 Airport Boulevard); 012-317-110 (401 Airport
Boulevard); 012-318-040 (309 Airport Boulevard); 012-318-080 (315 Airport
Boulevard)
6a.
Update to City Council on the residential Street Lighting Pilot Project and lighting
alternatives (Dave Bockhaus, Maintenance Program Manager)
7.
CONSENT CALENDAR
Motion approving the Minutes of meetings of March 9, 2016, April 13, 2016.8.
Motion confirming payment registers for April 27, 2016.9.
Report recommending adoption of an Ordinance Approving a Development
Agreement With Rotary Plaza, Inc. for 300 Miller Avenue (Ron Gerber, Economic
Development & Housing Manager)
10.
Motion to waive reading and adopt An Ordinance Approving a Development
Agreement with Rotary Plaza, Inc for 300 Miller Avenue.
10a.
Report regarding a resolution authorizing the destruction of routine video recordings
from video surveillance systems on City of South San Francisco property after one
year of retention and amending the Information Technology Department’s section of
the Records Retention Schedule. (Tony Barrera, IT Manager).
11.
Resolution authorizing the destruction of video recordings from video surveillance
systems on City of South San Francisco property after one year of retention and
amending the Information Technology Department’s section of the Records Retention
Schedule
11a.
Report recommending resolution approving a consulting services agreement with
Public Financial Management, Inc. for financial advisor services related to Measure
W in an amount not to exceed $100,000 and authorizing the City Manager to execute
said agreement. (Richard Lee, Finance Director)
12.
Resolution approving a consulting services agreement with Public Financial
Management, Inc. for Financial Advisor Services related to Measure W in an amount
not to exceed $100,000 and authorizing the City Manager to execute Said Agreement.
12a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
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April 27, 2016City Council Regular Meeting Agenda
CLOSED SESSION
Closed Session:
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mark Addiego, Mayor and Jason Rosenberg, City
Attorney
Unrepresented employee: City Manager
13.
ADJOURNMENT
Page 6 City of South San Francisco Printed on 4/29/2016
Exhibit A
2016-17 Community Development Block Grant [CDBG] Program
Budget Overview
FUNDS AVAILABLE
Line
Item COMMUNITY DEVELOPMENT BLOCK GRANT FY 16-17
1 Entitlement Amount 427,323
2 Prior Years Uncommitted Funds 219,998
3 Estimated Program Income 35,000
4 TOTAL CDBG FUNDS 682,321
HOME FUNDS FY 16-17
5 HOME Administrative Funds 11,437
6 FUNDS FROM ALL SOURCES 693,758
BUDGET FY 16-17
7 CDBG-PUBLIC SERVICES
8 Subtotal 82,998
9 CDBG-MINOR HOME REPAIR PROGRAMS
10 Subtotal 57,000
11 CDBG-CITY SPONSORED PROGRAMS
12 Public Right of Way Improvements 239,858
13 City Sponsored Housing Rehabilitation Program 150,000
14 Downtown Façade Improvement Program 60,000
15 Subtotal 449,858
16 CDBG-ADMINISTRATION
17 Subtotal 92,465
18 TOTAL CDBG BUDGET 682,321
19 HOME FUNDS: FAIR HOUSING ACTIVITIES
20 Project Sentinel 11,437
21 TOTAL HOME FUNDS BUDGET 11,437
22 TOTAL BUDGET 693,758
Exhibit B
Organization Program
FY 15-16
Amount
Received
FY 16-17
Amount
Requested
CDBG
Subcommittee
Recommendation
1
2 Biotech Partners Biotech Academy at South San Francisco N/A 50,000$ -
3 CORA CORA Emergency Shelter Program 9,250$ 10,000$ 10,000$
4 Health Mobile Dental Care for Children 9,250$ 10,000$ 7,998$
5 HIP Housing Home Sharing Program 9,250$ 10,000$ 10,000$
6 John Papan Memorial John's Closet 4,750$ 5,000$ 5,000$
7 Legal Aid Society Homesavers 5,000$ 10,000$ 7,500$
8
Ombudsman Services of San
Mateo County, Inc.
Advocacy services to elderly and
developmentally disabled individuals
N/A 15,000$ 7,500$
9 Parca Family Support Services 6,500$ 6,500$ 6,500$
10 Rape Trauma Services Center Sexual Assault Services 9,250$ 10,000$ 10,000$
11 Samaritan House Safe Harbor 10,000$ 12,000$ 12,000$
12 StarVista Transitional Housing Placement Plus 6,500$ 10,000$ 6,500$
13 Subtotal 54,000$ 148,500$ 82,998$
14 $ 82,998
15
16CID Housing Accessibility Modification 10,000$ 10,000$ 10,000$
17 El Concilio of San Mateo County Peninsula Minor Home Repair 10,000$ 10,000$ 10,000$
18 Rebuilding Together Peninsula National Rebuilding Day 12,000$ 12,000$ 12,000$
19 Rebuilding Together Peninsula Safe at Home 25,000$ 25,000$ 25,000$
20 Subtotal 57,000$ 57,000$ 57,000$
21 $ 57,000
22
23 City of South San Francisco Public Improvements**159,500$ 239,858$ 239,858$
24City of South San Francisco City-Sponsored Housing Rehab Prog***100,000$ 150,000$ 150,000$
25 City of South San Francisco Façade Improvement Program 200,000$ 60,000$ 60,000$
26 Subtotal 275,000$ 449,858$ 449,858$
27 $ 449,858
19
30 City of South San Francisco CDBG Administration 90,172$ 92,465$ 92,465
31 $ 92,465
32 Total CDBG Funds Requested:747,823$ 682,321$
33 Total Estimated CDBG Funds Available:682,321$ -$
34
35 Project Sentinel Fair Housing 8,762$ 11,437 11,437$
36 $ 11,437
37 Total Funds Requested 759,260$
38 Total Estimated Funds Available 693,758$
Community Development Block Grant Program: FY16-17
Subcommittee Funding Recommendations
CDBG- Category 1: PUBLIC SERVICE GRANTS
Estimated CDBG Funds Available for Public Service Activities*:
Total Estimated HOME Funds Available for Fair Housing Activities:
Estimated CDBG Funds Available for Minor Home Repair Programs:
CDBG- Category 3: CITY-SPONSORED PROGRAMS
Estimated CDBG Funds Available for City Sponsored Programs:
CDBG ADMINISTRATION
Estimated CDBG Funds Available for CDBG Administration:
HOME FUNDS: FAIR HOUSING ACTIVITIES
*15% of Estimated Entitlement Amount (FY 16-17) = $64,098; 15% of Estimated Prior Year Program Income (FY 15-16) = $18,900
** The amount requested for Public Improvements does not included staffing costs to manage the projects
*** The amount request for the City-Sponsored Housing Rehabilitation Program does include staffing costs to administer the program
CDBG- Category 2: MINOR HOME REPAIR PROGRAMS
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@300516B1\@BCL@300516B1
FY 2016-2017
ANNUAL ACTION PLAN
Lead Agency:
City of South San Francisco
Economic and Community
Development Department
Prepared by:
Economic Development
and Housing Division
Adopted April 27, 2016 by Resolution
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 1
Table of Contents
Executive Summary ....................................................................................................................................... 2
AP- 05 Executive Summary – 24 CFR 91.200(c), 91.220(b) ....................................................................... 2
PR- 05 Lead & Responsible Agencies - 91.200(b) ...................................................................................... 6
AP- 10 Consultation - 91.100, 91.200(b), 91.215(l)................................................................................... 7
AP- 12 Participation - 91.401, 91.105, 91.200(c) .................................................................................... 18
Expected Resources .................................................................................................................................... 21
AP- 15 Expected Resources – 91.420(b), 91.220(c) (1, 2) ....................................................................... 21
Annual Goals and Objectives ...................................................................................................................... 23
AP- 20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) ............................................................ 23
AP- 35 Projects - 91.420, 91.220(d) ........................................................................................................ 26
AP- 38 Project Summary ......................................................................................................................... 29
AP- 50 Geographic Distribution - 91.420, 91.220(f) ................................................................................ 35
AP- 75 Action Plan Barriers to Affordable Housing - 91.420, 91.220(j) .................................................. 36
AP- 85 Other Actions - 91.420, 91.220(k) ............................................................................................... 38
Program Specific Requirements .................................................................................................................. 41
AP- 90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) ......................................................... 41
Attachments ................................................................................................................................................ 42
Attachment A: 2016-2017 Budget .......................................................................................................... 43
Attachment B: Notification Efforts ......................................................................................................... 44
Attachment C: Public Comments ............................................................................................................ 45
Attachment D: Local Target Area Map.................................................................................................... 46
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 2
Executive Summary
AP - 05 Executive Summary – 24 CFR 91.200(c), 91.220(b)
Introduction
The U.S. Department of Housing and Urban Development (HUD) requires the City of South San
Francisco (City) to prepare an Annual Action Plan (Action Plan) in order to receive federal
Community Development Block Grant (CDBG) funds. HUD Programs have three basic goals to
assist extremely low, very-low, and low income persons by:
1. Providing decent and affordable housing;
2. Providing a suitable living environment; and
3. Expanding economic opportunities
The City's Action Plan for fiscal year 2016-2017, in conjunction with its Five Year Consolidated
Plan (2013-2018), furthers these goals by assessing the housing and community development
needs and resources of the City and outlines a strategy on how it plans to address those needs.
The City is also a participating jurisdiction in the San Mateo County HOME Consortium and
therefore submits its federal application for funding as part of the HOME Consortium. See
Attachment A for a summary of funds available and proposed activities.
Summarize the objectives and outcomes identified in the Plan
The City's Action Plan identifies the following needs and has developed goals and activities that
address both the City’s needs and further HUD's program goals:
Need: Affordable Housing
Goal: Increase, maintain, and improve the supply of affordable housing for extremely low
to low income individuals and families.
Activities: The City will use CDBG funds for housing rehabilitation and minor home
repair/accessibility modification programs. Additionally, the City will continue to
administer its existing first time homebuyer loan portfolio and below market rate housing
units.
Need: Public Services
Goal: 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.
Activities: The City will allocate 15% of its current year entitlement grant and 15% of prior
year program income to the following public services: Community Overcoming
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 3
Relationship Abuse (CORA), Health Mobile, HIP Housing, John’s Closet, Legal Aid Society,
Ombudsman Services of San Mateo County Inc., Peninsula Association for Retarded
Children and Adults (PARCA), Rape Trauma Services Center, Samaritan House, and
StarVista.
Need: Economic Development
Goal: Sustain and/or increase the level of business and economic activity in areas that
serve or have a high percentage of low-income residents.
Activities: For FY 16-17, the City will use CDBG funding to continue to implement the City’s
Downtown Façade Improvement Program which provides grants to Downtown
businesses to undertake façade improvements.
Need: Public Improvements
Goal: Preserve and improve public facilities that serve a high percentage of low‐income
or special needs residents
Activities: For FY 16-17, the City will use CDBG funding for public improvement projects,
infrastructure, accessibility modifications, rehabilitate facilities with urgent needs, and
other public improvements within the Service Areas.
Need: Homeless Services and Housing
Goal: Provide service-enriched shelter and housing for homeless families and individuals.
Activities: The City will provide CDBG funding under the public service category to
Samaritan House and CORA. Samaritan House operates the Safe Harbor Shelter, which is
a 90 bed homeless shelter located in South San Francisco that provides both emergency
and transitional housing for homeless individuals. CORA provides emergency shelter for
those seeking refuge from domestic violence or abuse. The City will also continue to work
with the Homeless Outreach Team (HOT) to move the most difficu lt, long term homeless
individuals out of the Downtown area by placing them in emergency shelters and
connecting them with County medical and rehabilitation services. This includes the City’s
participation in the HOT’s Case Manager Group and Oversight Committee.
Evaluation of past performance
During the course of the City's prior Five Year Consolidated Plan (2013-2018), the City
implemented a strategic plan which sought to increase and maintain the supply of affordable
housing in the City and to improve the community. Over the five year period, the City used
Redevelopment Agency (RDA) and CDBG funds to increase and maintain the City's affordable
housing stock, including plans to construct additional affordable housing units within the Service
Areas. RDA funds were also utilized to support family and individual homeless shelters and
homeless services in the area. CDBG funds were used to support the City's Housing and
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 4
Commercial Rehabilitation Programs. The City leveraged both CDBG and RDA funds to support
minor home repair and accessibility modification programs, which has helped maintain existing
affordable housing, improved living conditions for residents, and minimized displacement. The
City also made efforts to improve the community by funding numerous non -profit organizations
that provided a wide variety of public services which included: senior services, battered spouse
services, youth services, general social services, and disabled services.
Last year, FY 15-16, the City made great strides in addressing the needs of the community. For
example, the City provided funding to Community Overcoming Relationship A buse (CORA),
Health Mobile, Human Investment Project (HIP) Housing, John’s Closet, Legal Aid Society,
Peninsula Association for Retarded Children and Adults (PARCA), Rape Trauma Services Center,
Samaritan House, and Star Vista. Additionally, CDBG funds were used for housing rehabilitation
activities such as the Center for Independence of Individuals with Disabilities (CID) Housing
Accessibility Modification Program, El Concilio’s Peninsula Minor Home Repair Program,
Rebuilding Together Peninsula’s Safe at Home Program, and Rebuilding Together Peninsula’s
National Rebuilding Day Program. The City also provided assistance to low income households
through its Housing Rehabilitation Loan Program. The City also worked toward improving the
downtown area by undertaking public right of way (ROW) improvements along Linden Avenue.
These ROW improvements included new bike racks, banners, lighting, and trash receptacles that
encourage recycling.
While the City made strong efforts to increase and maintain the supply of affordable housing and
to improve the community, it faced many challenges, especially with the dissolution of RDAs and
declining CDBG funding. The City was forced to cut many programs that were traditionally funded
by the City and will continue to face funding challenges during the implementation of the current
Five Year Consolidated Plan and Action Plan.
Summary of Citizen Participation Process and consultation process
The citizen participation process for the FY 2016-17 Action Plan has been executed as follows:
(See Section AP-12 Participation and Attachments B and C for additional information )
Public Hearings: The City conducted a Community Development Needs Assessment Public
Hearing before the City Council on March 09, 2016, asking the public to comment on the
housing, community, and economic development needs of the City. Fifteen (15) public
comments were received. Additionally, the City held a second public hearing on April 27, 2016
to make final funding allocations and to adopt this Action Plan. XXXXXX public comments
were received.
A 30-day Public Review: The Action Plan was made available for public review from March
28, 2016 through April 27, 2016.
Public Notices: Public Notices for the two hearings were published in the San Mateo County
Times on February 08, 2016, and March 28, 2016.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 5
Online Outreach: The City noticed all of the CDBG related public hearings through the City’s
website, Twitter, and Facebook page. The City also sent individual email notifications to the
CDBG FY16-17 applicants and the City’s CDBG and Economic & Community Development
listservs.
Public Meetings: The City held public CDBG Subcommittee meetings on February 16, 2016,
February 24, 2016, March 14, 2016, March 28, 2016, and April 25, 2016.
Summary of public comments
The City received public comments from fifteen (15) different people representing fifteen (15)
different non-profit organizations during the March 09, 2016 Needs Assessment Hearing and
xxxxx (to be completed after the April 27 Public Hearing) public comments during the April 27, 2016 Public
Hearing. These comments are provided as Attachment C to the plan.
Summary of comments or views not accepted and the reasons for not accepting them
Fourteen of the fifteen public comments were accepted. One of the public comments was not
accepted because it was from a public agency that did not apply for a CDBG Public Grant.
However, this public agency’s comments were heard, recorded, and were provided with other
potential resources to explore for their specific program.
Summary
The City’s Annual Action Plan for FY16-17 has been developed in accordance with HUD program’s
three basic goals, the objectives and outcomes of the City’s Five Year Consolidated Plan (2013-
2018), and through the Citizen Participation Process.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 6
PR- 05 Lead & Responsible Agencies - 91.200(b)
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 City of South San
Francisco
Economic Development and Housing
(EDH) Division
CDBG Administrator City of South San
Francisco
Economic Development and Housing
(EDH) Division
HOME Administrator County of San Mateo Department of Housing
Table 1 – Responsible Agencies
Narrative
The City of South San Francisco’s Economic Development and Housing Division (EDH) under the
Department of Economic and Community Development (ECD) is the lead public agency
responsible for developing and implementing the City’s Consolidated Plan and Annual Action
Plans. EDH administers the City’s Community Development Block Grant and HOME
administrative funds. EDH is responsible for many of the activities and programs identified in the
Consolidated Plan and this Action Plan including the City-Sponsored Housing Rehabilitation
Program, Downtown Façade Improvement Program, and Public Improvement projects.
Consolidated Plan Public Contact Information
City of South San Francisco
Economic Development and Housing Division
400 Grand Avenue
South San Francisco, CA 94080
Tel: (650) 829-6620
Fax: (650) 829-6623
Email: CDBG@ssf.net
Website: www.ssf.net
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 7
AP - 10 Consultation - 91.100, 91.200(b), 91.215(l)
Introduction
The City of South San Francisco consulted with a wide variety of local non-profit organizations,
the Continuum of Care (CoC), the San Mateo County Housing Authority, the South San Francisco
Housing Authority, the San Mateo County Department of Health, other City departments, the
South San Francisco Downtown Task Force, and other community stakeholders in order to
develop its current Five Year Consolidated Plan. Further, many of the local non-profit
organizations also produce reports concerning the needs of the demographic they serve; thi s
information is also utilized in the plan development.
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)).
During this Action Plan period, the City will work on strengthening its relationships with
organizations that serve the public, especially low-income residents. 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’s 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/or maintain
affordable housing
Work with the Continuum of Care (CoC) to better coordinate homeless services
Work with the Homeless Outreach Team 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. This includes the City’s participation on the HOT
Case Manager Group and Oversight Committee
Work with local businesses and the Chamber of Commerce on downtown beautification and
other projects to improve the Downtown
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 Continuum of Care (CoC) Steering Committee and is involved in all CoC
decision-making. The CoC Steering Committee is the organized group that guides the
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 8
implementation of San Mateo County's homeless services system. The CoC undertakes a wide
range of efforts to meet the needs of homeless persons and those at risk of homelessness:
Chronically Homeless
The CoC has created multi-disciplinary, bilingual, Homeless Outreach Teams (HOT) to
conduct intensive outreach with the chronically homeless people throughout the County
and to help them move into permanent housing. South San Francisco’s HOT program was
implemented in FY 13-14. City staff, police, and elected officials actively participate in the
HOT program.
Families with Children
The CoC has developed a rapid re-housing program which provides short-term rental
assistance plus case management to homeless families. The San Mateo County Human
Services Agency has also provided funding for a motel voucher program to assist families
that are waiting to access shelter.
Veterans
The CoC is working with the Veterans Task Force, convened in 2012 by the County Board
of Supervisors, to improve county-wide efforts to outreach to homeless and at-risk
veterans, to assess their service and housing needs, to and help them access needed
resources, including Veterans Affairs Supportive Housing vouchers and veterans’ benefits.
Youth
CoC funds are provided to the County Mental Health Association to operate its Support
and Advocacy for Youth in Transition Program, which provides case management and
housing search/stabilization services to homeless youth. The San Mateo County Housing
Authority also has Family Unification Program Vouchers for youth leaving the foster care
system.
Additionally, the CoC has established specific objectives for reducing homelessness at bot h the
system and project level.
System-Wide Objectives
The San Mateo County CoC 10 Year Plan (adopted in 2006) lays out the community’s overall
strategy for reducing and ending homelessness. The plan includes the following specific
objectives:
7,900 individual and family households in San Mateo County who have been homeless or
at severe risk of homelessness will secure and maintain safe, permanent, accessible,
affordable, and where needed, supportive housing.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 9
4,300 individual and family households will receive short-term assistance to secure or
maintain housing.
Although these objectives have proven to be an effective way to set goals and evaluate progress,
they are not fully aligned with the objectives set forth in the Homeless Emergency Assistance and
Rapid Transition to Housing Act (HEARTH) and in the federal strategic plan, Opening Doors. The
CoC has convened a System Design Subcommittee that is working on the development of system-
wide quantitative objectives for the following HEARTH outcomes:
Reductions in total numbers of homeless people (including specific goals for reducing
chronic, veterans, and family homelessness);
Reductions in the number of new entries into homelessness;
Reductions in the rate of returns to homelessness; and
Reductions in the length of time people are homeless.
Project-Level Objectives
The CoC has the following objective performance standards that are used on an ongoing basis to
evaluate the effectiveness of all projects within the homeless system:
Percentage of exits to permanent housing;
Housing retention rate;
Participants obtaining employment income during program participation;
Participants increasing total income during program participation;
Program occupancy levels;
CoC/ Emergency Solutions Grant (ESG) grant spending rates; and
Homeless Management Information System (HMIS) data quality
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate Emergency Solutions Grant (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 Homeless
Management Information System (HMIS)
As previously mentioned, the City has a seat on the CoC Steering Committee and meets on a
quarterly basis to make decisions regarding the planning, funding, and operation of the CoC.
Additionally, the City sits on the CoC Funding/Project Review Subcommittee which reviews
renewal and new projects seeking CoC funding. The City does not receive ESG funding as the
County Department of Housing (DOH) is the only ESG recipient in the County. However, the City
does have a designated spot on the DOH's Housing & Community Development Committee
(HCDC) which advises the County Board of Supervisors on allocating County CDBG and HOME
funding. Further the City participates in the CoC’s development of performance and evaluation
standards along with the management of the Homeless Management Information System
(HMIS).
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 10
Performance Standards
In 2013, the CoC Steering Committee adopted Project Performance Standards and a Project
Review and Ranking Process, for new and renewal projects seeking funding. See the System-Wide
and Project-Level Objective sections above for more information.
Evaluation of Project Outcomes
System-Wide Performance Measurement
On an annual basis, the CoC Lead Agency, the San Mateo County Center on Homelessness
(COH) compiles a report on how well the community is meeting 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 numbers of households receiving assistance. Additionally, the CoC’s System Design
Subcommittee is developing a set of system-wide performance measures that align with
HEARTH and Opening Doors. This work will include developing a recommended methodology
for measuring average length of homelessness that includes the time prior to program
intake. The CoC’s System Design Subcommittee will be researching possible methodologies
for a more complete tracking of returns to homelessness, including any further HUD guidance
if available.
Project-Level Performance Measurement
The COH regularly monitors all emergency shelter, transitional housing, outreach, supportive
housing, rapid re-housing, and prevention programs which includes site visits, analysis of
spending rates, and a review of occupancy data. The monitoring process also includes a
review of whether projects are meeting the CoC’s project performance standards. In addition,
the Project Performance Subcommittee works with the COH to conduct an annual
assessment of how well projects are performing, identifies those projects that are
underachieving, and recommends 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’s and the
CoC’s established performance measures.
Homeless Management Information System (HMIS)
On July 1, 2014, the San Mateo County Human Services Agency, the designated HMIS Lead
Agency, launched a new version of the HMIS. The new system incorporates the latest HUD
published data standards and should improve the ease of data input and data quality .
Additionally, as described in the CoC’s Governance Charter, on an annual basis the CoC will
review, revise, and approve (as applicable) the privacy, security, and data quality plans for the
HMIS. The CoC will also ensure consistent participation of sub recipients in the HMIS, and ensure
that the HMIS is administered in compliance with HMIS Data Standards.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 11
Agencies, groups, organizations and others who participated in the process and consultations
1 Agency/Group/Organization Samaritan House
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Samaritan House provided input on
homeless needs through its participation in
the City's Homeless Outreach Team and
during the March 9, 2016 public hearing.
2 Agency/Group/Organization InnVision Shelter Network
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
InnVision Shelter Network provided input on
homeless needs through its participation in
the City's Homeless Outreach Team.
3 Agency/Group/Organization The Salvation Army - South San Francisco
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-homeless
Services-Education
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 12
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The Salvation Army provided input on
homeless needs through its participation in
the City's Homeless Outreach Team.
4 Agency/Group/Organization San Mateo County Health System
Agency/Group/Organization Type Services-Health
Health Agency
Other government - County
Services - Mental Health
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The San Mateo County Health System
provided input on homeless needs through
its participation in the City's Homeless
Outreach Team.
5 Agency/Group/Organization County of San Mateo Center on
Homelessness
Agency/Group/Organization Type Housing
Services-homeless
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
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The San Mateo County Center on
Homelessness provided input on homeless
needs through its participation in the City's
Homeless Outreach Team.
6 Agency/Group/Organization Youth Service Bureaus of the YMCA of San
Francisco
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Education
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 13
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The YMCA Community Resource Center
(which is operated by the Youth Service
Bureaus) provided input on homeless needs
through its participation in the City's
Homeless Outreach Team.
7 Agency/Group/Organization Project 90
Agency/Group/Organization Type Services – Substance Abuse & Recovery
Services-Youth
Services-Persons with Disabilities
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Project 90 provided input on homeless
needs through its participation in the City's
Homeless Outreach Team.
8 Agency/Group/Organization John's Closet
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Other – Public Services
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
John's Closet provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
9 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
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Rebuilding Together Peninsula provided
input on public service needs during the
March 09, 2016 CDBG needs assessment
public hearing.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 14
10 Agency/Group/Organization CORA - Community Overcoming
Relationship Abuse
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?
CORA provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
11 Agency/Group/Organization HIP Housing
Agency/Group/Organization Type Services - Housing
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?
HIP Housing provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
12 Agency/Group/Organization Center for Independence of Individuals
with Disabilities
Agency/Group/Organization Type Housing
Services - Housing
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?
CID provided input on public service needs
during the March 09, 2016 CDBG needs
assessment public hearing.
13 Agency/Group/Organization Legal Aid Society of San Mateo County
Agency/Group/Organization Type Services - Housing
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?
Legal Aid Society provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
14 Agency/Group/Organization Project Sentinel
Agency/Group/Organization Type Services - Housing
Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 15
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Project Sentinel provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
15 Agency/Group/Organization El Concilio of San Mateo County
Agency/Group/Organization Type Housing
Services - Housing
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?
El Concilio provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
16 Agency/Group/Organization Ombudsman Services of San Mateo County
Agency/Group/Organization Type Services-Elderly Persons
Services-Persons with Disabilities
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?
Ombudsman Services of San Mateo County
provided input on public service needs
during the March 09, 2016 CDBG needs
assessment public hearing.
17 Agency/Group/Organization Biotech Partners
Agency/Group/Organization Type Services-Children
Services- Education
What section of the Plan was addressed by
Consultation?
Other- Public Service
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Biotech Partners provided input on
education and economic development
needs during the March 09, 2016 CDBG
Needs Assessment Public Hearing.
18 Agency/Group/Organization StarVista
Agency/Group/Organization Type Services- Homeless
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?
StarVista provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 16
19 Agency/Group/Organization Peninsula Association for Retarded
Children and Adults (PARCA)
Agency/Group/Organization Type Services-Persons with Disabilities
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?
PARCA provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
20 Agency/Group/Organization Rape Trauma Services
Agency/Group/Organization Type Services- Abused Children
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 input on
public service needs during the March 09,
2016 CDBG needs assessment public
hearing.
Table 2 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulting
N/A
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
County 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 the goals of the CoC
as the CoC seeks to prevent homelessness, promote
self-sufficiency of those that are homeless, and provide
diverse homeless services.
Housing Our
People
Effectively
(HOPE) 10-year
Plan
San Mateo
County 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 the goals of the
HOPE Plan. Some of the HOPE Plan's goals are to
increase homeless housing opportunities and to prevent
and end homelessness by delivering flexible services.
Table 3 - Other local / regional / federal planning efforts
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 17
Narrative
The City of South San Francisco, the County of San Mateo and the other entitlement jurisdictions
(Daly City, San Mateo, and Redwood City) have developed a "CDBG Working Group" which meets
regularly to enhance and streamline the CDBG process for both the ju risdictions and
subrecipients. The work group collectively organizes community forums, requests for proposals,
and joint monitoring of subrecipients.
Additionally, the work group has implemented the use of standardized applications, reportin g,
and reimbursement forms for subrecipients through a common online grant management
system. The work group shares information regarding subrecipients and how to handle issues
that may arise for the subrecipients such as reporting, invoicing, or actions needed to correct and
track performance.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 18
AP - 12 Participation - 91.401, 91.105, 91.200(c)
Summary of citizen participation process/Efforts made to broaden citizen participation .
Pursuant to the City’s Citizen Participation Plan, the following is a summary of the significant
actions the City undertook in developing this Action Plan:
January 7, 2016 to January 22, 2016 – CDBG/HOME Administrative Funds Application
Available
January 22, 2016 – Application Deadline
February 08, 2016 – Public Notice of Community Needs Assessment Hearing was
published in the San Mateo County Times
February 08, 2016 – The City publicly noticed the Community Needs Assessment Hearing
through the City’s website, Twitter, and Facebook page. The City also sent individual email
notifications to the CDBG FY16-17 applicants and the City’s CDBG and Economic &
Community Development listservs.
February 16, 2016 – CDBG Subcommittee Meeting
February 24, 2016 –CDBG Subcommittee Meeting
March 09, 2016 – Community Needs Assessment Hearing
March 14, 2016 – CDBG Subcommittee Meeting
March 28, 2014 – CDBG Subcommittee Meeting
March 28, 2016 – Public Notice of Availability of the City's FY 16-17 One Year Action Plan
and Notice of Public Hearing published in the San Mateo County Times
March 28, 2016 – The City publicly noticed the Availability of the City's FY 16-17 One Year
Action Plan and Notice of Public Hearing the City’s website, Twitter, and Facebook page.
The City also sent individual email notifications to the CDBG FY16 -17 applicants and the
City’s CDBG and Economic & Community Development listservs.
March 28 to April 27, 2016 – 30 day public comment period on the City's FY 16-17 One
Year Action Plan
April 25, 2016 – CDBG Subcommittee Meeting
April 27, 2016 – Final funding allocations and Public Hearing on the adoption of the City's
FY 16-17 One Year Action Plan
May 13, 2016 – Submission of the City's FY 16-17 One Year Action Plan to HUD
The following are specific efforts made to broaden outreach and promote participation. These
efforts to increase citizen participation helped establish and/or reconfirm the City's housing and
community development needs and were used as a basis for setting priorities. See Attachments
B and C for additional information.
Public Hearing on Community Needs: On March 09, 2016, the City held a public hearing to
receive comments on the City's housing and community development needs. A notice for the
hearing was published in the San Mateo County Times on February 08, 2016. The City received
fifteen (15) public comments.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 19
Public Hearing on the Action Plan Adoption: On April 27, 2016, the City held a public hearing
to receive comments on and adopt the City's Action Plan. A notice for the hearing was
published in the San Mateo County Times on March 25, 2016.
Online Outreach: The City noticed all of the CDBG related public hearings through the City’s
website and Facebook page. The City also sent email notifications to the current CDBG
subrecipients and the City’s CDBG and Economic & Community Development listservs.
Public Meetings: The City held public CDBG Subcommittee meetings on February 16, 2016,
February 24, 2016, March 14, 2016, March 28, 2016, and April 25, 2016.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 20
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
1 Public
Outreach
Minorities
Non-English
Speakers- Specify
other Language:
Spanish
Non-targeted/
broad community
On March 9, 2016, the City held a
public hearing with the Mayor and
City Council to receive public
comments on the City’s Housing
and community development
needs. A public notice for the
hearing, written in English and
Spanish, was published in the San
Mateo County Times on February
8, 2016. The hearing was also
noticed through the City’s website
and Facebook page. The City also
sent email notifications to the
current CGBG subrecipients and
the City’s CDBG and Economic &
Community Development listservs
(See Attachments B & C)
The City received fifteen (15)
public comments. Fourteen
(14) of the comments received
were in support of different
non-profits seeking CDBG or
HOME Administrative funding.
The comments described the
nonprofits’ programs and their
impact on the community while
also thanking the City Council
for their support. Further
information regarding the
comments is provided in
Attachment C.
Fourteen (14) of the
fifteen (15) public
comments were
accepted. One of the
public comments was not
accepted because it was
from a public agency that
did not apply for a CDBG
Public Grant. However,
this public agency’s
comments were heard,
recorded, and were
provided with other
potential resources to
explore for their specific
program.
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Table 4 – Citizen Participation Outreach
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 21
Expected Resources
AP - 15 Expected Resources – 91.420(b), 91.220(c) (1, 2)
Introduction
The City's FY 16-17 entitlement amount is $427,323. Additionally, the City is budgeting $219,998 in prior years' uncommitted funds
along with an estimated $35,000 in program income to be received during FY 16-17. This gives the City a CDBG budget of $682,321 for
FY 16-17. In addition, the City’s the FY 16-17 HOME allocation is $11,437 which provides the City with an overall budget of $693,758.
Additional budget information is provided in Exhibit A.
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
427,323 35,000 219,998 682,321 0 The City of South San Francisco is an
entitlement jurisdiction and therefore
receives an annual CDBG grant allocation
from HUD
Home
Admin
Funds
Public
Federal
-Fair Housing 11,437 0 0 11,437 0 The City of South San Francisco is part of the
San Mateo County HOME Consortium. As a
member of this consortium, the City
receives 1% of the County’s annual HOME
allocation for administrative purposes.
Table 5 - Expected Resources – Priority Table
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 22
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
Leveraging CDBG funds continues to be a greater challenge with the dissolution of
Redevelopment Agencies (RDA) statewide. In the past, CDBG funds were able to leverage
significant amounts of RDA funding for housing and commercial projects. A reduction to CDBG
entitlement amounts over the last five years have also required the City to cut funding to nearly
half of the public service organizations. Overall, CDBG funding is insufficient to leverage
significant funds and now can only be provided as a small match in attempt to secure what other
non-federal funding might be available.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
Over the years, the City's RDA acquired several residential and commercial properties ; however
with the dissolution of RDAs, the City is required to sell all its commercial properties and return
all proceeds to the State. On the other hand, the City was able to retain its residential properties
and continue to provide them as affordable units. These properties are rented to low income
tenants at affordable rates. Additionally, a portion of the City’s residential units are rented to the
County of San Mateo’s Emancipated Foster Youth Program. This provides affordable housing to
the Emancipated Foster Youth Program participants.
CDBG funds have also helped improve city-owned properties that are used to provide services to
low and moderate income or special needs residents such as parks, libraries, and the senior
center. CDBG funds do not subsidize, in any way, the operations of those city-owned facilities but
have provided accessibility and non-routine maintenance improvements.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 23
Annual Goals and Objectives
AP - 20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Goal
Name
Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Increase,
Maintain,
& Improve
Affordable
Housing
2013 2017 Affordable
Housing
Citywide Affordable
Housing
CDBG:
$207,000
Homeowner
Housing
Rehabilitated:
40 Households
2 Provide
Public
Services to
Improve
Quality of
Life
2013 2017 Non-Housing
Community
Development
Citywide Public Services CDBG:
$60,998
Public Service
Activities other
than Low/
Moderate
Income Housing
Benefit:
595 Persons
Assisted
3 Sustain
and/or
Increase
Economic
Activity
2013 2017 Non-Housing
Community
Development
Economic
Development
SSF
Downtown
and
Uptown
Service
Areas
Economic
Development
Services
CDBG:
$60,000
Façade
Treatment/
Business Building
Rehabilitation:
1 Business
4 Provide
Service-
Enriched
Homeless
Shelters
2013 2017 Homeless Citywide Homeless
Services and
Housing
CDBG:
$22,000
Homeless Person
Overnight
Shelter:
69 Persons
Assisted
5 Preserve
and
Improve
Public
Facilities
2013 2017 Public Facility
Improvements
Downtown
& Uptown
Service
Areas and
any public
facilities
citywide
Public Facility
Improvements
CDBG:
$239,858
Other:
2 public facilities
Table 6 - Goals Summary
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 24
Goal Descriptions
1 Goal Name Increase, Maintain, & Improve Affordable Housing
Goal
Description
For FY 16-17, the City will implement the following activities in order to meet this goal:
housing rehabilitation, minor home repair, and accessibility modification programs.
Additionally, the City will continue to administer its existing first time homebuyer loans
and below market rate housing units.
2 Goal Name Provide Public Services to Improve Quality of Life
Goal
Description
For FY 16-17, the City will allocate 15% of its annual entitlement and 15% of its prior
year program income to non-profit organizations that provide public services. The City
anticipates serving 666 low to moderate income residents in FY 16-17.
3 Goal Name Sustain and/or Increase Economic Activity
Goal
Description
For FY 16-17, the City will use CDBG funding for the Downtown Façade Improvement
Program. This program provides grants for Downtown businesses undertaking façade
improvements and assists local business owners with improving the appearance of
their store, as well as eliminating blight.
4 Goal Name Provide Service-Enriched Homeless Shelters
Goal
Description
There is a significant need for service-enriched shelters and transitional housing for
both homeless individuals and families as the City has experienced a significant increase
in chronically homeless and transients, especially in the Downtown. The City wi ll
address this need by providing public service funds to Samaritan House and CORA.
Samaritan House operates the Safe Harbor Shelter located in South San Francisco,
which provides 90 beds to homeless individuals. CORA provides emergency shelter for
those seeking refuge from domestic violence or abuse. The City will also continue to
work with the Homeless Outreach Team (HOT) to move the most difficult, long term
homeless/transient individuals out of the Downtown area by placing them in
emergency shelters and connecting them with County medical and rehabilitation
services. This includes the City’s participation in the HOT’s Case Manager Group and
Oversight Committee.
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5 Goal Name Preserve and Improve Public Facilities
Goal
Description
The City of South San Francisco may use these funds towards support investments in
predevelopment activities for infrastructure and public facilities. These
predevelopment activities may be used to assemble sites for affordable housing or
provide infrastructure that would benefit the community.
For FY 16-17, the City issued a request for proposals for public facility improvement
projects for facilities owned by non-profit organizations. The application was made
from January 7 to January 22, 2016 however no applications were received. Although,
no applications were received, the City will create an open-ended application for public
facility improvement projects that will be available during FY 16-17. The City will review
applications as they are submitted and allocate funds based on fund availability, need,
and feasibility of the project. This will allow the City to undertake urgent need
improvement projects or any unidentified accessibility project throughout the year. The
City may also use CDBG program income, undesignated funds or funds from activities
that have been cancelled, delayed or slow in drawing down funds to make accessibility
(ADA) modifications and/or other improvements to City-owned public facilities. These
efforts will ensure that any unexpected program income can be expended in a timely
manner.
Table 7 – Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate-income families to
whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
The City does not receive HOME funds directly from HUD.
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AP - 35 Projects - 91.420, 91.220(d)
Introduction
The City plans to implement the following projects:
Public Services ($82,998)
Health Mobile ($7,998)
Free onsite, comprehensive dental care for low-income children
HIP Housing: Home Sharing Program ($10,000)
Facilitates rent or service exchange home sharing arrangements through interviewing and
screening clients
John’s Closet ($5,000)
Provides new clothing for low income children
Legal Aid Society ($7,500)
Legal assistance and advocacy for people losing their homes or living in substandard
conditions
Parca ($6,500)
One-on-one and family support to low-income families dealing with developmental
disabilities
Rape Trauma Services Center ($10,000)
Mental health services to address the multiple healing needs of child survivors of sexual
trauma
Star Vista ($6,500)
Subsidized apartments and case management services for emancipated foster youth plus
essential life skills training
Ombudsman Services of San Mateo County, Inc. ($7,500)
Advocacy services to elderly and developmentally disabled individuals
Service-Enriched Homeless Shelters ($22,000)*
Community Overcoming Relationship Abuse (CORA) ($10,000)
Emergency shelter for victims and survivors of domestic violence and their children
Samaritan House ($12,000)
Operates the Safe Harbor Shelter, a 90 bed homeless shelter that provides emergency and
transitional housing for homeless adults
*Homeless shelters are a subcategory under the Public Services
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Minor Home Repair Programs ($57,000)
Center for Independence of Individuals with Disabilities (CID) - Housing Accessibility
Modification Program ($10,000)
Installs ramps, grab bars, and other modifications to make a home accessible
El Concilio - Peninsula Minor Home Repair ($10,000)
Minor home repairs for low-income households to make their home eligible for
energy/weatherization improvements that would otherwise not be completed and increase
energy and water conservation
Rebuilding Together Peninsula (RTP) - National Rebuilding Day ($12,000)
Program that utilizes volunteers to rehabilitate homes on National Rebuilding Day
Rebuilding Together Peninsula (RTP) - Safe at Home ($25,000)
A year round program that addresses minor repair needs
City Sponsored Housing Rehabilitation Program ($150,000)
Provides low interest loans and grants to low-income families for housing alterations and repairs
that correct code deficiencies and/or improve the health and safety of the home.
Downtown Façade Improvement Program ($60,000)
CDBG funds will be used to support the City’s Downtown Façade Improvement Program (DFIP).
The DFIP provides grants to Downtown businesses for façade upgrades.
Public Improvement Projects ($239,858)
These funds may be used towards Public Improvements to City Facilities as well as within the
Public Right of Way in low/mod areas. The funds may support investments in predevelopment
activities for infrastructure and public facilities. These predevelopment activities may be used to
assemble sites for affordable housing or provide infrastructure that would benefit the community
as a whole.
CDBG Administration ($92,465)
The City will use 20% of its entitlement and 20% of the current year program income to
administer the CDBG program.
Fair Housing ($11,437)*
Project Sentinel ($11,437)*
Provides comprehensive fair housing services of complaint investigation, community outreach,
and education
*HOME Administrative Funds are not reported in HUD’s Integrated Disbursement & Information
System (IDIS)
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# Project Name
1 Public Services
2 Service-Enriched Homeless Shelter
3 Minor Home Repair/Modification Programs
4 City-Sponsored Housing Rehabilitation Program
5 Downtown Façade Improvement Program
6 Public Right of Way Improvement Projects
7 CDBG Administration
Table 8 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
Given the limited funds available, the City prioritizes activities which provided maximum benefit
to the community. The majority of the City's CDBG funds are allocated to supporting housing
rehabilitation, public right of way improvements, and the rehabilitation of Downtown businesses
because these types of activities are not restricted by spending limitations and are highl y
impactful. A major funding obstacle continues to be sufficiently supporting the wide variety of
crucial public services needed in the City due to federal spending limits specific to public services.
While the public service need far exceeds the funds available to provide those services, the City
has selected those activities which would be most effective.
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AP - 38 Project Summary
Project Summary Information
1 Project Name Public Services
Target Area Citywide
Goals Supported Provide Public Services to Improve Quality of Life
Needs Addressed Public Services
Funding CDBG: $60,998
Description For FY 16-17, the City will allocate 15% of its annual entitlement
and 15% of its prior year program income to non-profit
organizations that provide public services.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
595 extremely low to low income individuals are estimated to
benefit from the proposed activities.
Location Description Health Mobile
1659 Scott Blvd # 4
Santa Clara, CA 95050-4137
HIP Housing
364 South Railroad Avenue
San Mateo, CA 94401-4024
John’s Closet
444 E. Market St., Rm. 2
Daly City, CA 94014
Legal Aid Society
330 Twin Dolphin Drive, Suite 123
Redwood City, CA 94065-1455
Ombudsman Services of San Mateo County, Inc.
711 Nevada St.
Redwood City, CA 94061-1555
PARCA
800 Airport Bl., Suite 320
Burlingame, CA 94010-1919
Rape Trauma Services Center
1860 El Camino Real, Suite 406
Burlingame, CA 94010-3117
StarVista
701 Grand Ave
South San Francisco, CA 94080-2553
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Planned Activities
Health Mobile ($7,998)
Free onsite, comprehensive dental care for low-income
children.
HIP Housing: Home Sharing Program ($10,000)
Facilitates rent or service exchange home sharing
arrangements
John’s Closet ($5,000)
Provides new clothing for low income children.
Legal Aid Society ($7,500)
Legal assistance and advocacy for people losing their
homes or living in substandard conditions.
Ombudsman Services of San Mateo County, Inc. ($7,500)
Advocacy services to elderly and developmentally disabled
individuals
Parca ($6,500)
One-on-one and family support to low-income families
dealing with developmental disabilities.
Rape Trauma Services Center ($10,000)
Mental health services to address the multiple healing
needs of child survivors of sexual trauma.
StarVista ($6,500)
Subsidized apartments and case management services for
emancipated foster youth plus essential life skills training.
2 Project Name Service-Enriched Homeless Shelters
Target Area Citywide
Goals Supported Provide Service-Enriched Homeless Shelters
Needs Addressed Homeless Services and Housing
Funding CDBG: $22,000
Description The City will address the need for service-enriched shelters and
transitional housing by providing public service funds to
Samaritan House and CORA. Samaritan House operates the
Safe Harbor Shelter located in South San Francisco, which
provides 90 beds to homeless individuals. CORA provides
emergency shelter for those seeking refuge from domestic
violence or abuse.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates providing 69 homeless persons overnight
shelter
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Location Description Community Overcoming Relationship Abuse (CORA)
Address Suppressed
Samaritan House: Safe Harbor Shelter
295 North Access Road
South San Francisco, CA 94080-690
Planned Activities Community Overcoming Relationship Abuse (CORA)
($10,000)
Emergency shelter for victims and survivors of domestic
violence and their children
Samaritan House: Safe Harbor Shelter ($12,000)
Operates the Safe Harbor Shelter, a 90 bed homeless
shelter that provides emergency and transitional housing
for homeless adults
3 Project Name Minor Home Repair/Modification Programs
Target Area Citywide
Goals Supported Increase, Maintain, & Improve Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $57,000
Description For FY 16-17 the City will allocate funding to various non-profits
that provide minor home repairs and accessibility
modifications to low income homeowners.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates serving 57 low income households.
Location Description Center for Independence of Individuals with Disabilities
2001 Winward Way, Suite 103
San Mateo, CA 94404
El Concilio of San Mateo County
1419 Burlingame Avenue, Suite N
Burlingame, CA 94010-4123
Rebuilding Together Peninsula
841 Kaynyne Street
Redwood City, CA 94063-3000
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Planned Activities CID - Housing Accessibility Modification Program
($10,000)
Installs ramps, grab bars, and other modifications to make
a home accessible.
El Concilio - Peninsula Minor Home Repair ($10,000)
Minor home repairs for low-income households to make
their home eligible for energy/weatherization
improvements Minor home repairs for low-income
households to make their home eligible for
energy/weatherization improvements.
Rebuilding Together - National Rebuilding Day ($12,000)
Program that utilizes volunteers to rehabilitate homes on
National Rebuilding Day.
Rebuilding Together - Safe at Home ($25,000)
A year-round program that addresses minor repair needs.
4 Project Name City-Sponsored Housing Rehabilitation Program
Target Area Citywide
Goals Supported Increase, Maintain, & Improve Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $150,000
Description Provides low interest loans and grants to low-income families
for housing alterations and repairs that correct code
deficiencies and/or improve the health and safety of the home.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
This year the City anticipates serving four (4) households.
Location Description This program is available citywide for low/mod income
households.
Planned Activities Housing Rehabilitation Loans
Provides low interest loans to low-income families
for housing alterations and repairs that correct code
deficiencies and/or improve the health and safety of the
home.
Emergency Repair Vouchers
Provides low-income families grants of up to $2,500 to
make emergency safety and/or code violation repairs.
Debris Box Vouchers
Provides low-income families with a debris box to clear
code violations and clean up conditions that affect the
health, safety or appearance of properties.
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5 Project Name Downtown Façade Improvement Program
Target Area SSF Downtown Tracts 6021, 6022
Goals Supported Sustain and/or Increase Economic Activity
Needs Addressed Economic Development Services
Funding CDBG: $60,000
Description The City will use CDBG funds to support the Downtown Façade
Improvement Program. The program provides grants to
Downtown businesses for façade upgrades such as new
awnings, signage, exterior paint, etc.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates using CDBG funds to provide one (1)
business with funds for façade improvements.
Location Description The Downtown Façade Improvement Program is available to
businesses located within the downtown census tracts of
6021 and 6022. The City has identified these census tracts to
be a local target area as more than 50% of residents in this
area are considered low to moderate income (see Attachment
D). Additionally, the Downtown is the historic area of the City
and continues to be a main commercial hub. Therefore,
improvements made to this area, create a citywide benefit.
Planned Activities
The City will provide Downtown businesses with grants for
façade improvements. This program strives to improve the
look and feel of the Downtown.
6 Project Name Public Improvement Projects
Target Area Service Areas: Downtown, Uptown, Westborough,
Camino/Sunshine & Orange/Lindenville
Goals Supported Sustain and/or Increase Economic Activity
Needs Addressed Economic Development Services
Public Facilities Improvements
Funding CDBG: $239,858
Description The City will use CDBG funds to provide public right of way and
facility improvements in the City, with the Uptown and
Downtown areas as the priority areas.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates undertaking at least four (4) public facility
improvements projects next year
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Location Description The Public Improvement projects will be implemented in the
Service Areas (See Attachment D: Service Area Map). The
Census tracts comprising these service areas are 6017, 6019,
6020, 6021, 6022, 6023, 6024 & 6026.
The City’s priorities are to invest in the Downtown and Uptown
areas, however it is sometimes difficult to identify and
implement Right of Way Improvement Projects in these areas.
Therefore, expanding the Services Areas to the greater LMA
areas will allow the City to utilize its CDBG entitlement more
effectively, whilst additionally benefitting a greater population.
The City has identified these census tracts to be a local target
area as more than 50% of residents in this area are considered
low to moderate income (see Attachment D). This local target
area also meets the CDBG Low to Moderate Area Benefit (LMA)
requirements.
Planned Activities These funds may be used for Public Right of Way improvement
expenditures in low/mod areas. This may include improved
street lighting or street sewer laterals. The City may consider a
sidewalk improvement program. Or the funds may support
investments in predevelopment activities for affordable
housing, infrastructure and public facilities.
7 Project Name CDBG Administration
Target Area N/A
Goals Supported N/A
Needs Addressed N/A
Funding CDBG: $92,465
Description The City will use 20% of its entitlement and 20% of the
current year program income to administer the CDBG
program.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description N/A
Planned Activities The City will use 20% of its entitlement and 20% of the current
year program income to administer the CDBG program.
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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 50% of residents with low to moderate
household incomes. Using HUDs CPD Maps website as a guide, as well as using HUDs GIS dataset,
the City has created a CDBG Service Areas map for South San Francisco (see Attachment 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 meets the CDBG Low to Moderate Area Benefit (LMA)
requirements:
601700-1
601901-2, 601902-1, 601902-3
602000-5
602100-1, 602100-3
602200-1, 602200-2, 602200-3, 602200-4, 602200-5
602300-1
602400-1
602600-1, 602600-2, 602600-4.
The City will direct assistance to these areas through public improvement projects and the façade
improvement program in the downtown. The City will also fund improvements to public facilities
located within the City, especially for ADA improvements.
Geographic Distribution
Target Areas Percentage of Funds
Downtown, Uptown, Orange/Lindenville, Camino/Sunshine &
Westborough
33%
Table 9 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The City designates these areas as target areas for funding services because a majority of those
who reside and/or receive services in this area are low income. Therefore, improvements made
to this area, through activities like public right of way beautification projects, create a citywide
benefit.
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AP - 75 Action Plan Barriers to Affordable Housing - 91.420, 91.220(j)
Introduction
A lack of resources and the current market conditions have presented barriers to affordable
housing. Currently, there is a lack of sufficient federal, state, and county funds to create new
affordable housing. Federal tax credits are very limited and extremely competitive. Furthermore,
the County resources, which consist only of HOME funds, have been drastically reduced and
remain extremely competitive.
Additionally, the dissolution of RDAs signifies a tremendous loss of resources available for
affordable housing. In prior years, RDA funds were used to develop numerous affordable housing
units while also bolstering the City's CDBG program. Due to the dissolution of the RDA, it is now
necessary to piece together several years of funding allocations and grants, thus requiring at least
5 to 7 sources of funds to be able to construct new housing on the Peninsula. These sources have
consequently reduced as well. As such, cities will not be able to meet their state mandated
housing production requirements, especially for affordable housing units.
In addition to limited resources, the current market conditions have created an unsustainable
housing cost environment due to inflated rents and expensive home/land prices. According to
the 2013 American Community Survey 1-Year Estimates, 16% of renters in South San Francisco
are paying between 35% and 49.9% of their income towards rent and 21% of all renters are
paying more than 50% of their income towards rent. Additionally 30% of homeowners in South
San Francisco are spending 35% or more of their household income on housing costs (2009-2013
American Community Survey 5-Year Estimates). This data signifies that approximately one third
(1/3) 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 as formidable barriers. Therefore, the City is continually
seeking 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 in order
to foster and maintain the supply of affordable housing and to remove barriers to affordable
housing development. The City will also continue to maintain and encourage affordable housing
development by:
Implementing zoning to ensure there is an adequate supply of land to meet its
Association of Bay Area Governments (ABAG) regional housing needs allocation.
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Continuing to implement the City's Inclusionary Housing Ordinance; this requires that
a percentage of new “for sale” residential units are 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 sources of funding for the City's affordable housing program s and
working with non‐profit developers to promote the development of affordable
housing 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, inter‐governmental cooperation,
public‐private partnerships, and permit streamlining.
Continuing to cooperate with other governmental agencies and take an active interest
in seeking solutions to area‐wide housing problems.
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AP - 85 Other Actions - 91.420, 91.220(k)
Introduction
The following sections describe the actions and efforts the City will make to address things such
as meeting underserved needs, affordable housing, and 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. In a time with limited funding available, the City's focus will be
on creativity and collaboration in order to meet more needs of the community.
Actions planned to address obstacles to meeting underserved needs
The main obstacle the City faces in meeting underserved needs is a lack of funding. With the loss
of RDA funds and declining CDBG entitlements, the City has limited capabilities in meeting the
needs of the community. Additionally, many local service providers are also experiencing declines
in both private and public funding, which further hinder their capability to meet needs. The City
plans to address this obstacle by continuing to look for new funding sources and find 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
Listed below are actions the City plans to take to foster and maintain affordable housing:
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
to the fullest extent to rehabilitate existing housing units. Additionally, the City will continue
to support affordable housing for groups with special needs, including seniors , the disabled,
and the homeless.
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.
Actions planned to reduce lead-based paint hazards
The City will continue to incorporate lead testing and lead safe work practices into all
rehabilitation projects it funds. Additionally, the City makes lead-based paint information
available on its website, to all the local non-profit agencies, to homeowners and renters. The City
also provides loans and grants to homeowners and public facilities to abate lead -based paint
hazards.
City webpage for lead-based paint information:
http://www.ssf.net/1338/Homeowner-Information
Actions planned to reduce the number of poverty-level families
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The City of South San Francisco has a multi-faceted approach to reducing poverty in the
community:
First, the City has acquired housing units over the years and converted them into affordable
rental units. The City manages the units and rents them at affordable rates to assist low income
families whose incomes do not support market rate housing costs. These efforts help reduce the
number of families living in poverty by providing them with affordable housing costs.
Additionally, the City has provided some of these units to the County’s Emancipated Foster Youth
Program to provide affordable housing for youth who have transitioned out of the foster care
system. Additionally, the City’s housing rehabilitation program offers low and moderate income
homeowners the opportunity to bring their homes to current building and safe ty standards by
providing low interest loans and grants. This improves living conditions in a manner that doesn’t
create an economic burden on the family.
It is also important to note that non-profit organizations in South San Francisco play an important
role in providing affordable housing, food, child care, 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, since CDBG
funding for public services is limited to 15% of the City’s entitlement amount, the City only has
approximately $69,000 available for public services. The City continues to strive for efforts that
creatively and efficiently work with these constraints.
Actions planned to develop institutional structure
City will make the following efforts to improve institutional structure:
Continue to assist the homeless and those at risk of becoming hom eless by supporting non-
profits that offer solutions and services to the homeless and continue working the Homeless
Outreach Team (HOT)
Continue to work with the other local jurisdiction as part of the CDBG Work Group in order
to increase collaboration and make administrative and monitoring processes more
standardized, compliant, and efficient
Continue to build and improve relationships with local service providers
Continue to coordinate and participate in the Continuum of Care
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Actions planned to enhance coordination between public and private housing and social
service agencies
The City plans to take the following actions to enhance coordination in the implementation of
the City's Action Plan:
Continue to collaborate with the County of San Mateo, private housing developers, lenders,
and non-profit housing developers in order 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 to serve on the San
Mateo 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 collaborations
Work with businesses and the Chamber of Commerce on downtown beautification and other
projects to improve the downtown
Continue to work with the Continue to work with the Homeless Outreach Team; this includes
the City’s participation on the HOT’s Case Manager Group and Oversight Committee
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Program Specific Requirements
AP - 90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
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%
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Attachments
Attachment A: 2016-2017 Budget
Attachment B: Notification Efforts
Attachment C: Public Comments
Attachment D: Local Target Area Map
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Attachment A: 2016-2017 Budget
FUNDS AVAILABLE
Line
Item
COMMUNITY DEVELOPMENT BLOCK GRANT
FY 16-17
1 Entitlement Amount 427,323
2 Prior Years Uncommitted Funds 219,998
3 Estimated Program Income 35,000
4 TOTAL CDBG FUNDS 682,321
HOME FUNDS
FY 16-17
5 HOME Administrative Funds 11,437
6 FUNDS FROM ALL SOURCES 693,758
BUDGET
FY 16-17
7 CDBG- PUBLIC SERVICES
8 Subtotal 82,998
9 CDBG-MINOR HOME REPAIR PROGRAMS
10 Subtotal 57,000
11 CDBG-CITY SPONSORED PROGRAMS
12 Public Right of Way Improvements 239,858
13 City Sponsored Housing Rehabilitation Program 150,000
14 Downtown Façade Improvement Program 60,000
15 Subtotal 449,858
16 CDBG-ADMINISTRATION
17 Subtotal 92,465
18 TOTAL CDBG BUDGET 682,321
19 HOME FUNDS: FAIR HOUSING ACTIVITIES
20 Project Sentinel 11,437
21 TOTAL HOME FUNDS BUDGET 11,437
22 TOTAL BUDGET 693,758
Draft Annual Action Plan
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Attachment B: Notification Efforts
Draft Annual Action Plan
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Attachment C: Public Comments
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 46
Attachment D: Local Target Area Map
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7
FY 2016-2017
ANNUAL ACTION PLAN
Lead Agency:
City of South San Francisco
Economic and Community
Development Department
Prepared by:
Economic Development
and Housing Division
Adopted April 27, 2016 by Resolution
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 1
Table of Contents
Executive Summary ....................................................................................................................................... 2
AP- 05 Executive Summary – 24 CFR 91.200(c), 91.220(b) ....................................................................... 2
PR- 05 Lead & Responsible Agencies - 91.200(b) ...................................................................................... 6
AP- 10 Consultation - 91.100, 91.200(b), 91.215(l)................................................................................... 7
AP- 12 Participation - 91.401, 91.105, 91.200(c) .................................................................................... 18
Expected Resources .................................................................................................................................... 21
AP- 15 Expected Resources – 91.420(b), 91.220(c) (1, 2) ....................................................................... 21
Annual Goals and Objectives ...................................................................................................................... 23
AP- 20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) ............................................................ 23
AP- 35 Projects - 91.420, 91.220(d) ........................................................................................................ 26
AP- 38 Project Summary ......................................................................................................................... 29
AP- 50 Geographic Distribution - 91.420, 91.220(f) ................................................................................ 35
AP- 75 Action Plan Barriers to Affordable Housing - 91.420, 91.220(j) .................................................. 36
AP- 85 Other Actions - 91.420, 91.220(k) ............................................................................................... 38
Program Specific Requirements .................................................................................................................. 41
AP- 90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) ......................................................... 41
Attachments ................................................................................................................................................ 42
Attachment A: 2016-2017 Budget .......................................................................................................... 43
Attachment B: Notification Efforts ......................................................................................................... 44
Attachment C: Public Comments ............................................................................................................ 45
Attachment D: Local Target Area Map.................................................................................................... 46
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 2
Executive Summary
AP - 05 Executive Summary – 24 CFR 91.200(c), 91.220(b)
Introduction
The U.S. Department of Housing and Urban Development (HUD) requires the City of South San
Francisco (City) to prepare an Annual Action Plan (Action Plan) in order to receive federal
Community Development Block Grant (CDBG) funds. HUD Programs have three basic goals to
assist extremely low, very-low, and low income persons by:
1. Providing decent and affordable housing;
2. Providing a suitable living environment; and
3. Expanding economic opportunities
The City's Action Plan for fiscal year 2016-2017, in conjunction with its Five Year Consolidated
Plan (2013-2018), furthers these goals by assessing the housing and community development
needs and resources of the City and outlines a strategy on how it plans to address those needs.
The City is also a participating jurisdiction in the San Mateo County HOME Consortium and
therefore submits its federal application for funding as part of the HOME Consortium. See
Attachment A for a summary of funds available and proposed activities.
Summarize the objectives and outcomes identified in the Plan
The City's Action Plan identifies the following needs and has developed goals and activities that
address both the City’s needs and further HUD's program goals:
Need: Affordable Housing
Goal: Increase, maintain, and improve the supply of affordable housing for extremely low
to low income individuals and families.
Activities: The City will use CDBG funds for housing rehabilitation and minor home
repair/accessibility modification programs. Additionally, the City will continue to
administer its existing first time homebuyer loan portfolio and below market rate housing
units.
Need: Public Services
Goal: 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.
Activities: The City will allocate 15% of its current year entitlement grant and 15% of prior
year program income to the following public services: Community Overcoming
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 3
Relationship Abuse (CORA), Health Mobile, HIP Housing, John’s Closet, Legal Aid Society,
Ombudsman Services of San Mateo County Inc., Peninsula Association for Retarded
Children and Adults (PARCA), Rape Trauma Services Center, Samaritan House, and
StarVista.
Need: Economic Development
Goal: Sustain and/or increase the level of business and economic activity in areas that
serve or have a high percentage of low-income residents.
Activities: For FY 16-17, the City will use CDBG funding to continue to implement the City’s
Downtown Façade Improvement Program which provides grants to Downtown
businesses to undertake façade improvements.
Need: Public Improvements
Goal: Preserve and improve public facilities that serve a high percentage of low‐income
or special needs residents
Activities: For FY 16-17, the City will use CDBG funding for public improvement projects,
infrastructure, accessibility modifications, rehabilitate facilities with urgent needs, and
other public improvements within the Service Areas.
Need: Homeless Services and Housing
Goal: Provide service-enriched shelter and housing for homeless families and individuals.
Activities: The City will provide CDBG funding under the public service category to
Samaritan House and CORA. Samaritan House operates the Safe Harbor Shelter, which is
a 90 bed homeless shelter located in South San Francisco that provides both emergency
and transitional housing for homeless individuals. CORA provides emergency shelter for
those seeking refuge from domestic violence or abuse. The City will also continue to work
with the Homeless Outreach Team (HOT) to move the most difficu lt, long term homeless
individuals out of the Downtown area by placing them in emergency shelters and
connecting them with County medical and rehabilitation services. This includes the City’s
participation in the HOT’s Case Manager Group and Oversight Committee.
Evaluation of past performance
During the course of the City's prior Five Year Consolidated Plan (2013-2018), the City
implemented a strategic plan which sought to increase and maintain the supply of affordable
housing in the City and to improve the community. Over the five year period, the City used
Redevelopment Agency (RDA) and CDBG funds to increase and maintain the City's affordable
housing stock, including plans to construct additional affordable housing units within the Service
Areas. RDA funds were also utilized to support family and individual homeless shelters and
homeless services in the area. CDBG funds were used to support the City's Housing and
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 4
Commercial Rehabilitation Programs. The City leveraged both CDBG and RDA funds to support
minor home repair and accessibility modification programs, which has helped maintain existing
affordable housing, improved living conditions for residents, and minimized displacement. The
City also made efforts to improve the community by funding numerous non -profit organizations
that provided a wide variety of public services which included: senior services, battered spouse
services, youth services, general social services, and disabled services.
Last year, FY 15-16, the City made great strides in addressing the needs of the community. For
example, the City provided funding to Community Overcoming Relationship A buse (CORA),
Health Mobile, Human Investment Project (HIP) Housing, John’s Closet, Legal Aid Society,
Peninsula Association for Retarded Children and Adults (PARCA), Rape Trauma Services Center,
Samaritan House, and Star Vista. Additionally, CDBG funds were used for housing rehabilitation
activities such as the Center for Independence of Individuals with Disabilities (CID) Housing
Accessibility Modification Program, El Concilio’s Peninsula Minor Home Repair Program,
Rebuilding Together Peninsula’s Safe at Home Program, and Rebuilding Together Peninsula’s
National Rebuilding Day Program. The City also provided assistance to low income households
through its Housing Rehabilitation Loan Program. The City also worked toward improving the
downtown area by undertaking public right of way (ROW) improvements along Linden Avenue.
These ROW improvements included new bike racks, banners, lighting, and trash receptacles that
encourage recycling.
While the City made strong efforts to increase and maintain the supply of affordable housing and
to improve the community, it faced many challenges, especially with the dissolution of RDAs and
declining CDBG funding. The City was forced to cut many programs that were traditionally funded
by the City and will continue to face funding challenges during the implementation of the current
Five Year Consolidated Plan and Action Plan.
Summary of Citizen Participation Process and consultation process
The citizen participation process for the FY 2016-17 Action Plan has been executed as follows:
(See Section AP-12 Participation and Attachments B and C for additional information )
Public Hearings: The City conducted a Community Development Needs Assessment Public
Hearing before the City Council on March 09, 2016, asking the public to comment on the
housing, community, and economic development needs of the City. Fifteen (15) public
comments were received. Additionally, the City held a second public hearing on April 27, 2016
to make final funding allocations and to adopt this Action Plan. XXXXXX public comments
were received.
A 30-day Public Review: The Action Plan was made available for public review from March
28, 2016 through April 27, 2016.
Public Notices: Public Notices for the two hearings were published in the San Mateo County
Times on February 08, 2016, and March 28, 2016.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 5
Online Outreach: The City noticed all of the CDBG related public hearings through the City’s
website, Twitter, and Facebook page. The City also sent individual email notifications to the
CDBG FY16-17 applicants and the City’s CDBG and Economic & Community Development
listservs.
Public Meetings: The City held public CDBG Subcommittee meetings on February 16, 2016,
February 24, 2016, March 14, 2016, March 28, 2016, and April 25, 2016.
Summary of public comments
The City received public comments from fifteen (15) different people representing fifteen (15)
different non-profit organizations during the March 09, 2016 Needs Assessment Hearing and
xxxxx (to be completed after the April 27 Public Hearing) public comments during the April 27, 2016 Public
Hearing. These comments are provided as Attachment C to the plan.
Summary of comments or views not accepted and the reasons for not accepting them
Fourteen of the fifteen public comments were accepted. One of the public comments was not
accepted because it was from a public agency that did not apply for a CDBG Public Grant.
However, this public agency’s comments were heard, recorded, and were provided with other
potential resources to explore for their specific program.
Summary
The City’s Annual Action Plan for FY16-17 has been developed in accordance with HUD program’s
three basic goals, the objectives and outcomes of the City’s Five Year Consolidated Plan (2013-
2018), and through the Citizen Participation Process.
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PR- 05 Lead & Responsible Agencies - 91.200(b)
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 City of South San
Francisco
Economic Development and Housing
(EDH) Division
CDBG Administrator City of South San
Francisco
Economic Development and Housing
(EDH) Division
HOME Administrator County of San Mateo Department of Housing
Table 1 – Responsible Agencies
Narrative
The City of South San Francisco’s Economic Development and Housing Division (EDH) under the
Department of Economic and Community Development (ECD) is the lead public agency
responsible for developing and implementing the City’s Consolidated Plan and Annual Action
Plans. EDH administers the City’s Community Development Block Grant and HOME
administrative funds. EDH is responsible for many of the activities and programs identified in the
Consolidated Plan and this Action Plan including the City-Sponsored Housing Rehabilitation
Program, Downtown Façade Improvement Program, and Public Improvement projects.
Consolidated Plan Public Contact Information
City of South San Francisco
Economic Development and Housing Division
400 Grand Avenue
South San Francisco, CA 94080
Tel: (650) 829-6620
Fax: (650) 829-6623
Email: CDBG@ssf.net
Website: www.ssf.net
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AP - 10 Consultation - 91.100, 91.200(b), 91.215(l)
Introduction
The City of South San Francisco consulted with a wide variety of local non-profit organizations,
the Continuum of Care (CoC), the San Mateo County Housing Authority, the South San Francisco
Housing Authority, the San Mateo County Department of Health, other City departments, the
South San Francisco Downtown Task Force, and other community stakeholders in order to
develop its current Five Year Consolidated Plan. Further, many of the local non-profit
organizations also produce reports concerning the needs of the demographic they serve; thi s
information is also utilized in the plan development.
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)).
During this Action Plan period, the City will work on strengthening its relationships with
organizations that serve the public, especially low-income residents. 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’s 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/or maintain
affordable housing
Work with the Continuum of Care (CoC) to better coordinate homeless services
Work with the Homeless Outreach Team 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. This includes the City’s participation on the HOT
Case Manager Group and Oversight Committee
Work with local businesses and the Chamber of Commerce on downtown beautification and
other projects to improve the Downtown
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 Continuum of Care (CoC) Steering Committee and is involved in all CoC
decision-making. The CoC Steering Committee is the organized group that guides the
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implementation of San Mateo County's homeless services system. The CoC undertakes a wide
range of efforts to meet the needs of homeless persons and those at risk of homelessness:
Chronically Homeless
The CoC has created multi-disciplinary, bilingual, Homeless Outreach Teams (HOT) to
conduct intensive outreach with the chronically homeless people throughout the County
and to help them move into permanent housing. South San Francisco’s HOT program was
implemented in FY 13-14. City staff, police, and elected officials actively participate in the
HOT program.
Families with Children
The CoC has developed a rapid re-housing program which provides short-term rental
assistance plus case management to homeless families. The San Mateo County Human
Services Agency has also provided funding for a motel voucher program to assist families
that are waiting to access shelter.
Veterans
The CoC is working with the Veterans Task Force, convened in 2012 by the County Board
of Supervisors, to improve county-wide efforts to outreach to homeless and at-risk
veterans, to assess their service and housing needs, to and help them access needed
resources, including Veterans Affairs Supportive Housing vouchers and veterans’ benefits.
Youth
CoC funds are provided to the County Mental Health Association to operate its Support
and Advocacy for Youth in Transition Program, which provides case management and
housing search/stabilization services to homeless youth. The San Mateo County Housing
Authority also has Family Unification Program Vouchers for youth leaving the foster care
system.
Additionally, the CoC has established specific objectives for reducing homelessness at bot h the
system and project level.
System-Wide Objectives
The San Mateo County CoC 10 Year Plan (adopted in 2006) lays out the community’s overall
strategy for reducing and ending homelessness. The plan includes the following specific
objectives:
7,900 individual and family households in San Mateo County who have been homeless or
at severe risk of homelessness will secure and maintain safe, permanent, accessible,
affordable, and where needed, supportive housing.
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4,300 individual and family households will receive short-term assistance to secure or
maintain housing.
Although these objectives have proven to be an effective way to set goals and evaluate progress,
they are not fully aligned with the objectives set forth in the Homeless Emergency Assistance and
Rapid Transition to Housing Act (HEARTH) and in the federal strategic plan, Opening Doors. The
CoC has convened a System Design Subcommittee that is working on the development of system-
wide quantitative objectives for the following HEARTH outcomes:
Reductions in total numbers of homeless people (including specific goals for reducing
chronic, veterans, and family homelessness);
Reductions in the number of new entries into homelessness;
Reductions in the rate of returns to homelessness; and
Reductions in the length of time people are homeless.
Project-Level Objectives
The CoC has the following objective performance standards that are used on an ongoing basis to
evaluate the effectiveness of all projects within the homeless system:
Percentage of exits to permanent housing;
Housing retention rate;
Participants obtaining employment income during program participation;
Participants increasing total income during program participation;
Program occupancy levels;
CoC/ Emergency Solutions Grant (ESG) grant spending rates; and
Homeless Management Information System (HMIS) data quality
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate Emergency Solutions Grant (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 Homeless
Management Information System (HMIS)
As previously mentioned, the City has a seat on the CoC Steering Committee and meets on a
quarterly basis to make decisions regarding the planning, funding, and operation of the CoC.
Additionally, the City sits on the CoC Funding/Project Review Subcommittee which reviews
renewal and new projects seeking CoC funding. The City does not receive ESG funding as the
County Department of Housing (DOH) is the only ESG recipient in the County. However, the City
does have a designated spot on the DOH's Housing & Community Development Committee
(HCDC) which advises the County Board of Supervisors on allocating County CDBG and HOME
funding. Further the City participates in the CoC’s development of performance and evaluation
standards along with the management of the Homeless Management Information System
(HMIS).
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Performance Standards
In 2013, the CoC Steering Committee adopted Project Performance Standards and a Project
Review and Ranking Process, for new and renewal projects seeking funding. See the System-Wide
and Project-Level Objective sections above for more information.
Evaluation of Project Outcomes
System-Wide Performance Measurement
On an annual basis, the CoC Lead Agency, the San Mateo County Center on Homelessness
(COH) compiles a report on how well the community is meeting 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 numbers of households receiving assistance. Additionally, the CoC’s System Design
Subcommittee is developing a set of system-wide performance measures that align with
HEARTH and Opening Doors. This work will include developing a recommended methodology
for measuring average length of homelessness that includes the time prior to program
intake. The CoC’s System Design Subcommittee will be researching possible methodologies
for a more complete tracking of returns to homelessness, including any further HUD guidance
if available.
Project-Level Performance Measurement
The COH regularly monitors all emergency shelter, transitional housing, outreach, supportive
housing, rapid re-housing, and prevention programs which includes site visits, analysis of
spending rates, and a review of occupancy data. The monitoring process also includes a
review of whether projects are meeting the CoC’s project performance standards. In addition,
the Project Performance Subcommittee works with the COH to conduct an annual
assessment of how well projects are performing, identifies those projects that are
underachieving, and recommends 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’s and the
CoC’s established performance measures.
Homeless Management Information System (HMIS)
On July 1, 2014, the San Mateo County Human Services Agency, the designated HMIS Lead
Agency, launched a new version of the HMIS. The new system incorporates the latest HUD
published data standards and should improve the ease of data input and data quality .
Additionally, as described in the CoC’s Governance Charter, on an annual basis the CoC will
review, revise, and approve (as applicable) the privacy, security, and data quality plans for the
HMIS. The CoC will also ensure consistent participation of sub recipients in the HMIS, and ensure
that the HMIS is administered in compliance with HMIS Data Standards.
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Agencies, groups, organizations and others who participated in the process and consultations
1 Agency/Group/Organization Samaritan House
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Samaritan House provided input on
homeless needs through its participation in
the City's Homeless Outreach Team and
during the March 9, 2016 public hearing.
2 Agency/Group/Organization InnVision Shelter Network
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
InnVision Shelter Network provided input on
homeless needs through its participation in
the City's Homeless Outreach Team.
3 Agency/Group/Organization The Salvation Army - South San Francisco
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-homeless
Services-Education
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The Salvation Army provided input on
homeless needs through its participation in
the City's Homeless Outreach Team.
4 Agency/Group/Organization San Mateo County Health System
Agency/Group/Organization Type Services-Health
Health Agency
Other government - County
Services - Mental Health
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The San Mateo County Health System
provided input on homeless needs through
its participation in the City's Homeless
Outreach Team.
5 Agency/Group/Organization County of San Mateo Center on
Homelessness
Agency/Group/Organization Type Housing
Services-homeless
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
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The San Mateo County Center on
Homelessness provided input on homeless
needs through its participation in the City's
Homeless Outreach Team.
6 Agency/Group/Organization Youth Service Bureaus of the YMCA of San
Francisco
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Education
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What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The YMCA Community Resource Center
(which is operated by the Youth Service
Bureaus) provided input on homeless needs
through its participation in the City's
Homeless Outreach Team.
7 Agency/Group/Organization Project 90
Agency/Group/Organization Type Services – Substance Abuse & Recovery
Services-Youth
Services-Persons with Disabilities
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Project 90 provided input on homeless
needs through its participation in the City's
Homeless Outreach Team.
8 Agency/Group/Organization John's Closet
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Other – Public Services
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
John's Closet provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
9 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
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Rebuilding Together Peninsula provided
input on public service needs during the
March 09, 2016 CDBG needs assessment
public hearing.
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10 Agency/Group/Organization CORA - Community Overcoming
Relationship Abuse
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?
CORA provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
11 Agency/Group/Organization HIP Housing
Agency/Group/Organization Type Services - Housing
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?
HIP Housing provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
12 Agency/Group/Organization Center for Independence of Individuals
with Disabilities
Agency/Group/Organization Type Housing
Services - Housing
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?
CID provided input on public service needs
during the March 09, 2016 CDBG needs
assessment public hearing.
13 Agency/Group/Organization Legal Aid Society of San Mateo County
Agency/Group/Organization Type Services - Housing
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?
Legal Aid Society provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
14 Agency/Group/Organization Project Sentinel
Agency/Group/Organization Type Services - Housing
Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Project Sentinel provided input on public
service needs during the March 09, 2016
CDBG needs assessment public hearing.
15 Agency/Group/Organization El Concilio of San Mateo County
Agency/Group/Organization Type Housing
Services - Housing
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?
El Concilio provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
16 Agency/Group/Organization Ombudsman Services of San Mateo County
Agency/Group/Organization Type Services-Elderly Persons
Services-Persons with Disabilities
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?
Ombudsman Services of San Mateo County
provided input on public service needs
during the March 09, 2016 CDBG needs
assessment public hearing.
17 Agency/Group/Organization Biotech Partners
Agency/Group/Organization Type Services-Children
Services- Education
What section of the Plan was addressed by
Consultation?
Other- Public Service
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Biotech Partners provided input on
education and economic development
needs during the March 09, 2016 CDBG
Needs Assessment Public Hearing.
18 Agency/Group/Organization StarVista
Agency/Group/Organization Type Services- Homeless
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?
StarVista provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
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19 Agency/Group/Organization Peninsula Association for Retarded
Children and Adults (PARCA)
Agency/Group/Organization Type Services-Persons with Disabilities
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?
PARCA provided input on public service
needs during the March 09, 2016 CDBG
needs assessment public hearing.
20 Agency/Group/Organization Rape Trauma Services
Agency/Group/Organization Type Services- Abused Children
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 input on
public service needs during the March 09,
2016 CDBG needs assessment public
hearing.
Table 2 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulting
N/A
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
County 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 the goals of the CoC
as the CoC seeks to prevent homelessness, promote
self-sufficiency of those that are homeless, and provide
diverse homeless services.
Housing Our
People
Effectively
(HOPE) 10-year
Plan
San Mateo
County 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 the goals of the
HOPE Plan. Some of the HOPE Plan's goals are to
increase homeless housing opportunities and to prevent
and end homelessness by delivering flexible services.
Table 3 - Other local / regional / federal planning efforts
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Narrative
The City of South San Francisco, the County of San Mateo and the other entitlement jurisdictions
(Daly City, San Mateo, and Redwood City) have developed a "CDBG Working Group" which meets
regularly to enhance and streamline the CDBG process for both the ju risdictions and
subrecipients. The work group collectively organizes community forums, requests for proposals,
and joint monitoring of subrecipients.
Additionally, the work group has implemented the use of standardized applications, reportin g,
and reimbursement forms for subrecipients through a common online grant management
system. The work group shares information regarding subrecipients and how to handle issues
that may arise for the subrecipients such as reporting, invoicing, or actions needed to correct and
track performance.
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AP - 12 Participation - 91.401, 91.105, 91.200(c)
Summary of citizen participation process/Efforts made to broaden citizen participation .
Pursuant to the City’s Citizen Participation Plan, the following is a summary of the significant
actions the City undertook in developing this Action Plan:
January 7, 2016 to January 22, 2016 – CDBG/HOME Administrative Funds Application
Available
January 22, 2016 – Application Deadline
February 08, 2016 – Public Notice of Community Needs Assessment Hearing was
published in the San Mateo County Times
February 08, 2016 – The City publicly noticed the Community Needs Assessment Hearing
through the City’s website, Twitter, and Facebook page. The City also sent individual email
notifications to the CDBG FY16-17 applicants and the City’s CDBG and Economic &
Community Development listservs.
February 16, 2016 – CDBG Subcommittee Meeting
February 24, 2016 –CDBG Subcommittee Meeting
March 09, 2016 – Community Needs Assessment Hearing
March 14, 2016 – CDBG Subcommittee Meeting
March 28, 2014 – CDBG Subcommittee Meeting
March 28, 2016 – Public Notice of Availability of the City's FY 16-17 One Year Action Plan
and Notice of Public Hearing published in the San Mateo County Times
March 28, 2016 – The City publicly noticed the Availability of the City's FY 16-17 One Year
Action Plan and Notice of Public Hearing the City’s website, Twitter, and Facebook page.
The City also sent individual email notifications to the CDBG FY16 -17 applicants and the
City’s CDBG and Economic & Community Development listservs.
March 28 to April 27, 2016 – 30 day public comment period on the City's FY 16-17 One
Year Action Plan
April 25, 2016 – CDBG Subcommittee Meeting
April 27, 2016 – Final funding allocations and Public Hearing on the adoption of the City's
FY 16-17 One Year Action Plan
May 13, 2016 – Submission of the City's FY 16-17 One Year Action Plan to HUD
The following are specific efforts made to broaden outreach and promote participation. These
efforts to increase citizen participation helped establish and/or reconfirm the City's housing and
community development needs and were used as a basis for setting priorities. See Attachments
B and C for additional information.
Public Hearing on Community Needs: On March 09, 2016, the City held a public hearing to
receive comments on the City's housing and community development needs. A notice for the
hearing was published in the San Mateo County Times on February 08, 2016. The City received
fifteen (15) public comments.
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Public Hearing on the Action Plan Adoption: On April 27, 2016, the City held a public hearing
to receive comments on and adopt the City's Action Plan. A notice for the hearing was
published in the San Mateo County Times on March 25, 2016.
Online Outreach: The City noticed all of the CDBG related public hearings through the City’s
website and Facebook page. The City also sent email notifications to the current CDBG
subrecipients and the City’s CDBG and Economic & Community Development listservs.
Public Meetings: The City held public CDBG Subcommittee meetings on February 16, 2016,
February 24, 2016, March 14, 2016, March 28, 2016, and April 25, 2016.
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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
1 Public
Outreach
Minorities
Non-English
Speakers- Specify
other Language:
Spanish
Non-targeted/
broad community
On March 9, 2016, the City held a
public hearing with the Mayor and
City Council to receive public
comments on the City’s Housing
and community development
needs. A public notice for the
hearing, written in English and
Spanish, was published in the San
Mateo County Times on February
8, 2016. The hearing was also
noticed through the City’s website
and Facebook page. The City also
sent email notifications to the
current CGBG subrecipients and
the City’s CDBG and Economic &
Community Development listservs
(See Attachments B & C)
The City received fifteen (15)
public comments. Fourteen
(14) of the comments received
were in support of different
non-profits seeking CDBG or
HOME Administrative funding.
The comments described the
nonprofits’ programs and their
impact on the community while
also thanking the City Council
for their support. Further
information regarding the
comments is provided in
Attachment C.
Fourteen (14) of the
fifteen (15) public
comments were
accepted. One of the
public comments was not
accepted because it was
from a public agency that
did not apply for a CDBG
Public Grant. However,
this public agency’s
comments were heard,
recorded, and were
provided with other
potential resources to
explore for their specific
program.
ht
t
p
:
/
/
w
w
w
.
s
s
f
.
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e
t
/
1
9
3
7
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C
D
B
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-No
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s
Table 4 – Citizen Participation Outreach
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Expected Resources
AP - 15 Expected Resources – 91.420(b), 91.220(c) (1, 2)
Introduction
The City's FY 16-17 entitlement amount is $427,323. Additionally, the City is budgeting $219,998 in prior years' uncommitted funds
along with an estimated $35,000 in program income to be received during FY 16-17. This gives the City a CDBG budget of $682,321 for
FY 16-17. In addition, the City’s the FY 16-17 HOME allocation is $11,437 which provides the City with an overall budget of $693,758.
Additional budget information is provided in Exhibit A.
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
427,323 35,000 219,998 682,321 0 The City of South San Francisco is an
entitlement jurisdiction and therefore
receives an annual CDBG grant allocation
from HUD
Home
Admin
Funds
Public
Federal
-Fair Housing 11,437 0 0 11,437 0 The City of South San Francisco is part of the
San Mateo County HOME Consortium. As a
member of this consortium, the City
receives 1% of the County’s annual HOME
allocation for administrative purposes.
Table 5 - Expected Resources – Priority Table
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 22
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
Leveraging CDBG funds continues to be a greater challenge with the dissolution of
Redevelopment Agencies (RDA) statewide. In the past, CDBG funds were able to leverage
significant amounts of RDA funding for housing and commercial projects. A reduction to CDBG
entitlement amounts over the last five years have also required the City to cut funding to nearly
half of the public service organizations. Overall, CDBG funding is insufficient to leverage
significant funds and now can only be provided as a small match in attempt to secure what other
non-federal funding might be available.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
Over the years, the City's RDA acquired several residential and commercial properties ; however
with the dissolution of RDAs, the City is required to sell all its commercial properties and return
all proceeds to the State. On the other hand, the City was able to retain its residential properties
and continue to provide them as affordable units. These properties are rented to low income
tenants at affordable rates. Additionally, a portion of the City’s residential units are rented to the
County of San Mateo’s Emancipated Foster Youth Program. This provides affordable housing to
the Emancipated Foster Youth Program participants.
CDBG funds have also helped improve city-owned properties that are used to provide services to
low and moderate income or special needs residents such as parks, libraries, and the senior
center. CDBG funds do not subsidize, in any way, the operations of those city-owned facilities but
have provided accessibility and non-routine maintenance improvements.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 23
Annual Goals and Objectives
AP - 20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Goal
Name
Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Increase,
Maintain,
& Improve
Affordable
Housing
2013 2017 Affordable
Housing
Citywide Affordable
Housing
CDBG:
$207,000
Homeowner
Housing
Rehabilitated:
40 Households
2 Provide
Public
Services to
Improve
Quality of
Life
2013 2017 Non-Housing
Community
Development
Citywide Public Services CDBG:
$60,998
Public Service
Activities other
than Low/
Moderate
Income Housing
Benefit:
595 Persons
Assisted
3 Sustain
and/or
Increase
Economic
Activity
2013 2017 Non-Housing
Community
Development
Economic
Development
SSF
Downtown
and
Uptown
Service
Areas
Economic
Development
Services
CDBG:
$60,000
Façade
Treatment/
Business Building
Rehabilitation:
1 Business
4 Provide
Service-
Enriched
Homeless
Shelters
2013 2017 Homeless Citywide Homeless
Services and
Housing
CDBG:
$22,000
Homeless Person
Overnight
Shelter:
69 Persons
Assisted
5 Preserve
and
Improve
Public
Facilities
2013 2017 Public Facility
Improvements
Downtown
& Uptown
Service
Areas and
any public
facilities
citywide
Public Facility
Improvements
CDBG:
$239,858
Other:
2 public facilities
Table 6 - Goals Summary
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 24
Goal Descriptions
1 Goal Name Increase, Maintain, & Improve Affordable Housing
Goal
Description
For FY 16-17, the City will implement the following activities in order to meet this goal:
housing rehabilitation, minor home repair, and accessibility modification programs.
Additionally, the City will continue to administer its existing first time homebuyer loans
and below market rate housing units.
2 Goal Name Provide Public Services to Improve Quality of Life
Goal
Description
For FY 16-17, the City will allocate 15% of its annual entitlement and 15% of its prior
year program income to non-profit organizations that provide public services. The City
anticipates serving 666 low to moderate income residents in FY 16-17.
3 Goal Name Sustain and/or Increase Economic Activity
Goal
Description
For FY 16-17, the City will use CDBG funding for the Downtown Façade Improvement
Program. This program provides grants for Downtown businesses undertaking façade
improvements and assists local business owners with improving the appearance of
their store, as well as eliminating blight.
4 Goal Name Provide Service-Enriched Homeless Shelters
Goal
Description
There is a significant need for service-enriched shelters and transitional housing for
both homeless individuals and families as the City has experienced a significant increase
in chronically homeless and transients, especially in the Downtown. The City wi ll
address this need by providing public service funds to Samaritan House and CORA.
Samaritan House operates the Safe Harbor Shelter located in South San Francisco,
which provides 90 beds to homeless individuals. CORA provides emergency shelter for
those seeking refuge from domestic violence or abuse. The City will also continue to
work with the Homeless Outreach Team (HOT) to move the most difficult, long term
homeless/transient individuals out of the Downtown area by placing them in
emergency shelters and connecting them with County medical and rehabilitation
services. This includes the City’s participation in the HOT’s Case Manager Group and
Oversight Committee.
Draft Annual Action Plan
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5 Goal Name Preserve and Improve Public Facilities
Goal
Description
The City of South San Francisco may use these funds towards support investments in
predevelopment activities for infrastructure and public facilities. These
predevelopment activities may be used to assemble sites for affordable housing or
provide infrastructure that would benefit the community.
For FY 16-17, the City issued a request for proposals for public facility improvement
projects for facilities owned by non-profit organizations. The application was made
from January 7 to January 22, 2016 however no applications were received. Although,
no applications were received, the City will create an open-ended application for public
facility improvement projects that will be available during FY 16-17. The City will review
applications as they are submitted and allocate funds based on fund availability, need,
and feasibility of the project. This will allow the City to undertake urgent need
improvement projects or any unidentified accessibility project throughout the year. The
City may also use CDBG program income, undesignated funds or funds from activities
that have been cancelled, delayed or slow in drawing down funds to make accessibility
(ADA) modifications and/or other improvements to City-owned public facilities. These
efforts will ensure that any unexpected program income can be expended in a timely
manner.
Table 7 – Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate-income families to
whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
The City does not receive HOME funds directly from HUD.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 26
AP - 35 Projects - 91.420, 91.220(d)
Introduction
The City plans to implement the following projects:
Public Services ($82,998)
Health Mobile ($7,998)
Free onsite, comprehensive dental care for low-income children
HIP Housing: Home Sharing Program ($10,000)
Facilitates rent or service exchange home sharing arrangements through interviewing and
screening clients
John’s Closet ($5,000)
Provides new clothing for low income children
Legal Aid Society ($7,500)
Legal assistance and advocacy for people losing their homes or living in substandard
conditions
Parca ($6,500)
One-on-one and family support to low-income families dealing with developmental
disabilities
Rape Trauma Services Center ($10,000)
Mental health services to address the multiple healing needs of child survivors of sexual
trauma
Star Vista ($6,500)
Subsidized apartments and case management services for emancipated foster youth plus
essential life skills training
Ombudsman Services of San Mateo County, Inc. ($7,500)
Advocacy services to elderly and developmentally disabled individuals
Service-Enriched Homeless Shelters ($22,000)*
Community Overcoming Relationship Abuse (CORA) ($10,000)
Emergency shelter for victims and survivors of domestic violence and their children
Samaritan House ($12,000)
Operates the Safe Harbor Shelter, a 90 bed homeless shelter that provides emergency and
transitional housing for homeless adults
*Homeless shelters are a subcategory under the Public Services
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Minor Home Repair Programs ($57,000)
Center for Independence of Individuals with Disabilities (CID) - Housing Accessibility
Modification Program ($10,000)
Installs ramps, grab bars, and other modifications to make a home accessible
El Concilio - Peninsula Minor Home Repair ($10,000)
Minor home repairs for low-income households to make their home eligible for
energy/weatherization improvements that would otherwise not be completed and increase
energy and water conservation
Rebuilding Together Peninsula (RTP) - National Rebuilding Day ($12,000)
Program that utilizes volunteers to rehabilitate homes on National Rebuilding Day
Rebuilding Together Peninsula (RTP) - Safe at Home ($25,000)
A year round program that addresses minor repair needs
City Sponsored Housing Rehabilitation Program ($150,000)
Provides low interest loans and grants to low-income families for housing alterations and repairs
that correct code deficiencies and/or improve the health and safety of the home.
Downtown Façade Improvement Program ($60,000)
CDBG funds will be used to support the City’s Downtown Façade Improvement Program (DFIP).
The DFIP provides grants to Downtown businesses for façade upgrades.
Public Improvement Projects ($239,858)
These funds may be used towards Public Improvements to City Facilities as well as within the
Public Right of Way in low/mod areas. The funds may support investments in predevelopment
activities for infrastructure and public facilities. These predevelopment activities may be used to
assemble sites for affordable housing or provide infrastructure that would benefit the community
as a whole.
CDBG Administration ($92,465)
The City will use 20% of its entitlement and 20% of the current year program income to
administer the CDBG program.
Fair Housing ($11,437)*
Project Sentinel ($11,437)*
Provides comprehensive fair housing services of complaint investigation, community outreach,
and education
*HOME Administrative Funds are not reported in HUD’s Integrated Disbursement & Information
System (IDIS)
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 28
# Project Name
1 Public Services
2 Service-Enriched Homeless Shelter
3 Minor Home Repair/Modification Programs
4 City-Sponsored Housing Rehabilitation Program
5 Downtown Façade Improvement Program
6 Public Right of Way Improvement Projects
7 CDBG Administration
Table 8 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
Given the limited funds available, the City prioritizes activities which provided maximum benefit
to the community. The majority of the City's CDBG funds are allocated to supporting housing
rehabilitation, public right of way improvements, and the rehabilitation of Downtown businesses
because these types of activities are not restricted by spending limitations and are highl y
impactful. A major funding obstacle continues to be sufficiently supporting the wide variety of
crucial public services needed in the City due to federal spending limits specific to public services.
While the public service need far exceeds the funds available to provide those services, the City
has selected those activities which would be most effective.
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 29
AP - 38 Project Summary
Project Summary Information
1 Project Name Public Services
Target Area Citywide
Goals Supported Provide Public Services to Improve Quality of Life
Needs Addressed Public Services
Funding CDBG: $60,998
Description For FY 16-17, the City will allocate 15% of its annual entitlement
and 15% of its prior year program income to non-profit
organizations that provide public services.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
595 extremely low to low income individuals are estimated to
benefit from the proposed activities.
Location Description Health Mobile
1659 Scott Blvd # 4
Santa Clara, CA 95050-4137
HIP Housing
364 South Railroad Avenue
San Mateo, CA 94401-4024
John’s Closet
444 E. Market St., Rm. 2
Daly City, CA 94014
Legal Aid Society
330 Twin Dolphin Drive, Suite 123
Redwood City, CA 94065-1455
Ombudsman Services of San Mateo County, Inc.
711 Nevada St.
Redwood City, CA 94061-1555
PARCA
800 Airport Bl., Suite 320
Burlingame, CA 94010-1919
Rape Trauma Services Center
1860 El Camino Real, Suite 406
Burlingame, CA 94010-3117
StarVista
701 Grand Ave
South San Francisco, CA 94080-2553
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Planned Activities
Health Mobile ($7,998)
Free onsite, comprehensive dental care for low-income
children.
HIP Housing: Home Sharing Program ($10,000)
Facilitates rent or service exchange home sharing
arrangements
John’s Closet ($5,000)
Provides new clothing for low income children.
Legal Aid Society ($7,500)
Legal assistance and advocacy for people losing their
homes or living in substandard conditions.
Ombudsman Services of San Mateo County, Inc. ($7,500)
Advocacy services to elderly and developmentally disabled
individuals
Parca ($6,500)
One-on-one and family support to low-income families
dealing with developmental disabilities.
Rape Trauma Services Center ($10,000)
Mental health services to address the multiple healing
needs of child survivors of sexual trauma.
StarVista ($6,500)
Subsidized apartments and case management services for
emancipated foster youth plus essential life skills training.
2 Project Name Service-Enriched Homeless Shelters
Target Area Citywide
Goals Supported Provide Service-Enriched Homeless Shelters
Needs Addressed Homeless Services and Housing
Funding CDBG: $22,000
Description The City will address the need for service-enriched shelters and
transitional housing by providing public service funds to
Samaritan House and CORA. Samaritan House operates the
Safe Harbor Shelter located in South San Francisco, which
provides 90 beds to homeless individuals. CORA provides
emergency shelter for those seeking refuge from domestic
violence or abuse.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates providing 69 homeless persons overnight
shelter
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 31
Location Description Community Overcoming Relationship Abuse (CORA)
Address Suppressed
Samaritan House: Safe Harbor Shelter
295 North Access Road
South San Francisco, CA 94080-690
Planned Activities Community Overcoming Relationship Abuse (CORA)
($10,000)
Emergency shelter for victims and survivors of domestic
violence and their children
Samaritan House: Safe Harbor Shelter ($12,000)
Operates the Safe Harbor Shelter, a 90 bed homeless
shelter that provides emergency and transitional housing
for homeless adults
3 Project Name Minor Home Repair/Modification Programs
Target Area Citywide
Goals Supported Increase, Maintain, & Improve Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $57,000
Description For FY 16-17 the City will allocate funding to various non-profits
that provide minor home repairs and accessibility
modifications to low income homeowners.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates serving 57 low income households.
Location Description Center for Independence of Individuals with Disabilities
2001 Winward Way, Suite 103
San Mateo, CA 94404
El Concilio of San Mateo County
1419 Burlingame Avenue, Suite N
Burlingame, CA 94010-4123
Rebuilding Together Peninsula
841 Kaynyne Street
Redwood City, CA 94063-3000
Draft Annual Action Plan
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Planned Activities CID - Housing Accessibility Modification Program
($10,000)
Installs ramps, grab bars, and other modifications to make
a home accessible.
El Concilio - Peninsula Minor Home Repair ($10,000)
Minor home repairs for low-income households to make
their home eligible for energy/weatherization
improvements Minor home repairs for low-income
households to make their home eligible for
energy/weatherization improvements.
Rebuilding Together - National Rebuilding Day ($12,000)
Program that utilizes volunteers to rehabilitate homes on
National Rebuilding Day.
Rebuilding Together - Safe at Home ($25,000)
A year-round program that addresses minor repair needs.
4 Project Name City-Sponsored Housing Rehabilitation Program
Target Area Citywide
Goals Supported Increase, Maintain, & Improve Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $150,000
Description Provides low interest loans and grants to low-income families
for housing alterations and repairs that correct code
deficiencies and/or improve the health and safety of the home.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
This year the City anticipates serving four (4) households.
Location Description This program is available citywide for low/mod income
households.
Planned Activities Housing Rehabilitation Loans
Provides low interest loans to low-income families
for housing alterations and repairs that correct code
deficiencies and/or improve the health and safety of the
home.
Emergency Repair Vouchers
Provides low-income families grants of up to $2,500 to
make emergency safety and/or code violation repairs.
Debris Box Vouchers
Provides low-income families with a debris box to clear
code violations and clean up conditions that affect the
health, safety or appearance of properties.
Draft Annual Action Plan
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5 Project Name Downtown Façade Improvement Program
Target Area SSF Downtown Tracts 6021, 6022
Goals Supported Sustain and/or Increase Economic Activity
Needs Addressed Economic Development Services
Funding CDBG: $60,000
Description The City will use CDBG funds to support the Downtown Façade
Improvement Program. The program provides grants to
Downtown businesses for façade upgrades such as new
awnings, signage, exterior paint, etc.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates using CDBG funds to provide one (1)
business with funds for façade improvements.
Location Description The Downtown Façade Improvement Program is available to
businesses located within the downtown census tracts of
6021 and 6022. The City has identified these census tracts to
be a local target area as more than 50% of residents in this
area are considered low to moderate income (see Attachment
D). Additionally, the Downtown is the historic area of the City
and continues to be a main commercial hub. Therefore,
improvements made to this area, create a citywide benefit.
Planned Activities
The City will provide Downtown businesses with grants for
façade improvements. This program strives to improve the
look and feel of the Downtown.
6 Project Name Public Improvement Projects
Target Area Service Areas: Downtown, Uptown, Westborough,
Camino/Sunshine & Orange/Lindenville
Goals Supported Sustain and/or Increase Economic Activity
Needs Addressed Economic Development Services
Public Facilities Improvements
Funding CDBG: $239,858
Description The City will use CDBG funds to provide public right of way and
facility improvements in the City, with the Uptown and
Downtown areas as the priority areas.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
The City anticipates undertaking at least four (4) public facility
improvements projects next year
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 34
Location Description The Public Improvement projects will be implemented in the
Service Areas (See Attachment D: Service Area Map). The
Census tracts comprising these service areas are 6017, 6019,
6020, 6021, 6022, 6023, 6024 & 6026.
The City’s priorities are to invest in the Downtown and Uptown
areas, however it is sometimes difficult to identify and
implement Right of Way Improvement Projects in these areas.
Therefore, expanding the Services Areas to the greater LMA
areas will allow the City to utilize its CDBG entitlement more
effectively, whilst additionally benefitting a greater population.
The City has identified these census tracts to be a local target
area as more than 50% of residents in this area are considered
low to moderate income (see Attachment D). This local target
area also meets the CDBG Low to Moderate Area Benefit (LMA)
requirements.
Planned Activities These funds may be used for Public Right of Way improvement
expenditures in low/mod areas. This may include improved
street lighting or street sewer laterals. The City may consider a
sidewalk improvement program. Or the funds may support
investments in predevelopment activities for affordable
housing, infrastructure and public facilities.
7 Project Name CDBG Administration
Target Area N/A
Goals Supported N/A
Needs Addressed N/A
Funding CDBG: $92,465
Description The City will use 20% of its entitlement and 20% of the
current year program income to administer the CDBG
program.
Target Date 6/30/2017
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description N/A
Planned Activities The City will use 20% of its entitlement and 20% of the current
year program income to administer the CDBG program.
Draft Annual Action Plan
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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 50% of residents with low to moderate
household incomes. Using HUDs CPD Maps website as a guide, as well as using HUDs GIS dataset,
the City has created a CDBG Service Areas map for South San Francisco (see Attachment 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 meets the CDBG Low to Moderate Area Benefit (LMA)
requirements:
601700-1
601901-2, 601902-1, 601902-3
602000-5
602100-1, 602100-3
602200-1, 602200-2, 602200-3, 602200-4, 602200-5
602300-1
602400-1
602600-1, 602600-2, 602600-4.
The City will direct assistance to these areas through public improvement projects and the façade
improvement program in the downtown. The City will also fund improvements to public facilities
located within the City, especially for ADA improvements.
Geographic Distribution
Target Areas Percentage of Funds
Downtown, Uptown, Orange/Lindenville, Camino/Sunshine &
Westborough
33%
Table 9 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The City designates these areas as target areas for funding services because a majority of those
who reside and/or receive services in this area are low income. Therefore, improvements made
to this area, through activities like public right of way beautification projects, create a citywide
benefit.
Draft Annual Action Plan
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AP - 75 Action Plan Barriers to Affordable Housing - 91.420, 91.220(j)
Introduction
A lack of resources and the current market conditions have presented barriers to affordable
housing. Currently, there is a lack of sufficient federal, state, and county funds to create new
affordable housing. Federal tax credits are very limited and extremely competitive. Furthermore,
the County resources, which consist only of HOME funds, have been drastically reduced and
remain extremely competitive.
Additionally, the dissolution of RDAs signifies a tremendous loss of resources available for
affordable housing. In prior years, RDA funds were used to develop numerous affordable housing
units while also bolstering the City's CDBG program. Due to the dissolution of the RDA, it is now
necessary to piece together several years of funding allocations and grants, thus requiring at least
5 to 7 sources of funds to be able to construct new housing on the Peninsula. These sources have
consequently reduced as well. As such, cities will not be able to meet their state mandated
housing production requirements, especially for affordable housing units.
In addition to limited resources, the current market conditions have created an unsustainable
housing cost environment due to inflated rents and expensive home/land prices. According to
the 2013 American Community Survey 1-Year Estimates, 16% of renters in South San Francisco
are paying between 35% and 49.9% of their income towards rent and 21% of all renters are
paying more than 50% of their income towards rent. Additionally 30% of homeowners in South
San Francisco are spending 35% or more of their household income on housing costs (2009-2013
American Community Survey 5-Year Estimates). This data signifies that approximately one third
(1/3) 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 as formidable barriers. Therefore, the City is continually
seeking 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 in order
to foster and maintain the supply of affordable housing and to remove barriers to affordable
housing development. The City will also continue to maintain and encourage affordable housing
development by:
Implementing zoning to ensure there is an adequate supply of land to meet its
Association of Bay Area Governments (ABAG) regional housing needs allocation.
Draft Annual Action Plan
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Continuing to implement the City's Inclusionary Housing Ordinance; this requires that
a percentage of new “for sale” residential units are 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 sources of funding for the City's affordable housing program s and
working with non‐profit developers to promote the development of affordable
housing 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, inter‐governmental cooperation,
public‐private partnerships, and permit streamlining.
Continuing to cooperate with other governmental agencies and take an active interest
in seeking solutions to area‐wide housing problems.
Draft Annual Action Plan
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AP - 85 Other Actions - 91.420, 91.220(k)
Introduction
The following sections describe the actions and efforts the City will make to address things such
as meeting underserved needs, affordable housing, and 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. In a time with limited funding available, the City's focus will be
on creativity and collaboration in order to meet more needs of the community.
Actions planned to address obstacles to meeting underserved needs
The main obstacle the City faces in meeting underserved needs is a lack of funding. With the loss
of RDA funds and declining CDBG entitlements, the City has limited capabilities in meeting the
needs of the community. Additionally, many local service providers are also experiencing declines
in both private and public funding, which further hinder their capability to meet needs. The City
plans to address this obstacle by continuing to look for new funding sources and find 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
Listed below are actions the City plans to take to foster and maintain affordable housing:
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
to the fullest extent to rehabilitate existing housing units. Additionally, the City will continue
to support affordable housing for groups with special needs, including seniors , the disabled,
and the homeless.
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.
Actions planned to reduce lead-based paint hazards
The City will continue to incorporate lead testing and lead safe work practices into all
rehabilitation projects it funds. Additionally, the City makes lead-based paint information
available on its website, to all the local non-profit agencies, to homeowners and renters. The City
also provides loans and grants to homeowners and public facilities to abate lead -based paint
hazards.
City webpage for lead-based paint information:
http://www.ssf.net/1338/Homeowner-Information
Actions planned to reduce the number of poverty-level families
Draft Annual Action Plan
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The City of South San Francisco has a multi-faceted approach to reducing poverty in the
community:
First, the City has acquired housing units over the years and converted them into affordable
rental units. The City manages the units and rents them at affordable rates to assist low income
families whose incomes do not support market rate housing costs. These efforts help reduce the
number of families living in poverty by providing them with affordable housing costs.
Additionally, the City has provided some of these units to the County’s Emancipated Foster Youth
Program to provide affordable housing for youth who have transitioned out of the foster care
system. Additionally, the City’s housing rehabilitation program offers low and moderate income
homeowners the opportunity to bring their homes to current building and safe ty standards by
providing low interest loans and grants. This improves living conditions in a manner that doesn’t
create an economic burden on the family.
It is also important to note that non-profit organizations in South San Francisco play an important
role in providing affordable housing, food, child care, 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, since CDBG
funding for public services is limited to 15% of the City’s entitlement amount, the City only has
approximately $69,000 available for public services. The City continues to strive for efforts that
creatively and efficiently work with these constraints.
Actions planned to develop institutional structure
City will make the following efforts to improve institutional structure:
Continue to assist the homeless and those at risk of becoming hom eless by supporting non-
profits that offer solutions and services to the homeless and continue working the Homeless
Outreach Team (HOT)
Continue to work with the other local jurisdiction as part of the CDBG Work Group in order
to increase collaboration and make administrative and monitoring processes more
standardized, compliant, and efficient
Continue to build and improve relationships with local service providers
Continue to coordinate and participate in the Continuum of Care
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 40
Actions planned to enhance coordination between public and private housing and social
service agencies
The City plans to take the following actions to enhance coordination in the implementation of
the City's Action Plan:
Continue to collaborate with the County of San Mateo, private housing developers, lenders,
and non-profit housing developers in order 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 to serve on the San
Mateo 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 collaborations
Work with businesses and the Chamber of Commerce on downtown beautification and other
projects to improve the downtown
Continue to work with the Continue to work with the Homeless Outreach Team; this includes
the City’s participation on the HOT’s Case Manager Group and Oversight Committee
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 41
Program Specific Requirements
AP - 90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
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%
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 42
Attachments
Attachment A: 2016-2017 Budget
Attachment B: Notification Efforts
Attachment C: Public Comments
Attachment D: Local Target Area Map
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 43
Attachment A: 2016-2017 Budget
FUNDS AVAILABLE
Line
Item
COMMUNITY DEVELOPMENT BLOCK GRANT
FY 16-17
1 Entitlement Amount 427,323
2 Prior Years Uncommitted Funds 219,998
3 Estimated Program Income 35,000
4 TOTAL CDBG FUNDS 682,321
HOME FUNDS
FY 16-17
5 HOME Administrative Funds 11,437
6 FUNDS FROM ALL SOURCES 693,758
BUDGET
FY 16-17
7 CDBG- PUBLIC SERVICES
8 Subtotal 82,998
9 CDBG-MINOR HOME REPAIR PROGRAMS
10 Subtotal 57,000
11 CDBG-CITY SPONSORED PROGRAMS
12 Public Right of Way Improvements 239,858
13 City Sponsored Housing Rehabilitation Program 150,000
14 Downtown Façade Improvement Program 60,000
15 Subtotal 449,858
16 CDBG-ADMINISTRATION
17 Subtotal 92,465
18 TOTAL CDBG BUDGET 682,321
19 HOME FUNDS: FAIR HOUSING ACTIVITIES
20 Project Sentinel 11,437
21 TOTAL HOME FUNDS BUDGET 11,437
22 TOTAL BUDGET 693,758
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 44
Attachment B: Notification Efforts
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 45
Attachment C: Public Comments
Draft Annual Action Plan
OMB Control No: 2506-0117 (exp. 07/31/2017) 2016 46
Attachment D: Local Target Area Map
RESOLUTION NO. ___
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
RESOLUTION SETTING THE PARKLAND ACQUISITION
FEE AND PARK CONSTRUCTION FEE TO MITIGATE
THE IMPACT OF NEW DEVELOPMENT ON PARK AND
RECREATIONAL FACILITIES PURSUANT CHAPTER 8.67
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
WHEREAS, parks and recreational facilities are vital to the health and welfare of a
community; and
WHEREAS, the City of South San Francisco (“City”) aims to provide sufficient levels of
parks and recreational facilities for its residents; and
WHEREAS, the City’s General Plan and Parks and Recreation Master Plan aims to
provide three acres of parks and recreational facilities per 1,000 residents; and
WHEREAS, Guiding Policy 5.1-G-1 of the City’s General Plan provides that the City
should “[d]evelop additional parkland in the city, particularly in areas lacking these facilities, to
meet the standards of required park acreage for new residents and employees;” and
WHEREAS, Implementing Policy 5.1-1-2 of the City’s General Plan provides that the
City should “[m]aintain parkland standards of 3.0 acres of community and neighborhood parks
per 1,000 new residents;” and
WHEREAS, Goal #1 of the Parks and Recreation Master Plan provides that the City
“should provide a minimum of 3 acres of developed parkland per 1,000 residents”; and
WHEREAS, new residential development projects attract new residents to the city,
which generates increased demand for parks and recreational facilities and impacts existing park
service levels; and
WHEREAS, the City may adopt and impose a Parkland Acquisition Fee and a Park
Construction Fee (“Fees”) to pay for the cost of acquiring and constructing park facilities
needed to support new development under the authority of Sections 66000et seq. of the
California Government Code (“Mitigation Fee Act”); and
WHEREAS, such development impact Fees are not a “tax” as defined in Section 1,
paragraph (e) of Article XIIIC of the California Constitution (“Proposition 26”) because such Fees
and charges are imposed for a specific benefit conferred or privilege granted directly to the payor
that is not provided to those not charged, and which does not exceed the reasonable cost to the
local government of providing the service or product,and/or such Fees and charges are imposed
for a specific government service or product provided directly to the payor that is not provided to
those not charged, and which does not exceed the reasonable cost to the local government of
providing the service or product,and/or such Fees and charges are imposed for the reasonable
regulatory costs to a local government for issuing licenses and permits, performing investigations,
inspections and audits, enforcing agricultural marketing orders and the administrative enforcement
and adjudication thereof; and/or such fees and charges are imposed as a condition of property
development; and
WHEREAS, the Fees and charges set by this Resolution are not subject to the requirements
of Article XIIID of the California Constitution (“Proposition 218”) concerning property related
assessments and fees pursuant to Apartment Association of Los Angeles County v. City of Los
Angeles (2001) 24 Cal.4th 830, in that such Fees are not applicable to incidents of property
ownership, but rather to actual use of and need for City services and/or facilities; and
WHEREAS, in accordance with Government Code Section 50076, fees and charges that do
not exceed the reasonable cost of providing the service or regulatory activity for which the fees are
charged and which are not levied for general revenue purposes are not special taxes as defined in
Article 3.5 of the Government Code; and
WHEREAS, pursuant to Sections 66001 of the Mitigation Fee Act, the City Council has
adopted an ordinanceadding Chapter 8.67 to the City’s Municipal Code (“Ordinance”)establishing
a Parkland Acquisition Fee and a Park Construction Fee tomitigate the impacts caused by new
development by providing for the payment of development impact fees necessary for the City to
acquire property and construct parks and recreational facilities and to maintain desirable levels of
parks and recreational facilities for new and existing residents, after a duly noticed public hearing,
and such Ordinance identifiesthe purpose of the Fees; the use to which the Feeswill be put;
determinesthat there is a reasonable relationship between the use and the type of development
projectson which the Feeswill be imposed; determines thatthere is a reasonable relationship
between the need for the public facilitiesand the type of development projectson which the Fees
are imposed; and establishesthe relationship between the amount of the Feesand the cost of the
community facilitiesor portion of the community facilitiesattributable to the development projects
upon which the Fees areimposed; and
WHEREAS, the Ordinance states that the average fair market value for land in the City, the
average per acre construction costsin the City, the administrative feesfor administering the Fees
under the Ordinance, and the annual adjustment of the Feeswill be set by resolution of the City
Council; and
WHEREAS, the Finance Director hasdetermined that the annual staff costs associated with
administration of theFees established by theOrdinancewill be approximately $500 per year and
eachfee collected under the Ordinance will require three years of administration, which results in an
administrative fee of $1500; and
WHEREAS, theCity has obtained an appraisal from Dana Property Analysis forthe average
fair market value of land per acre in the city, which assessedthe value of land as $3,000,000per acre;
and
WHEREAS, the City obtained a professional assessmentfrom Group 4 Architecture,
Research + Planning, Inc.of the average per acre construction costs in the city, which determined
thatthe average construction costs are$981,250 per acre; and
WHEREAS, asmarketcosts naturally fluctuate from year to year,the Fees will be adjusted
annually to reflect these fluctuations using the All Urban Consumers Consumer Price Index, San
Francisco-Oakland-San Jose(AUC-CPI), which is a fair estimate of market fluctuations in the city
and surrounding areas; and
WHEREAS, the City has caused to be prepared an impact study entitled “City of South San
Francisco Parkland Acquisition and Park Construction Fees Quimby Act and Mitigation Fee Act
Report,” which report was prepared by Municipal Resources Group, LLC dated March 2016(“Fee
Study”), a copy of which is on file in the Office of the City Clerk andParks and Recreation
Administrative Office and ishereby made a part of this Resolution by reference; and
WHEREAS, the Fee Study analyzes the proposed Parkland Acquisition Fee and Park
Construction Feeand describesthe amounts necessary to fund City park and recreationalfacilities
and a description of the reasonable relationship between the Fees and the new development
requiring such parkland and parkfacilities; and
WHEREAS, the Mitigation Fee Act and other applicable law permit, but donot require,
establishing fees, such as the Parkland Acquisition Feeand the Park Construction Fee, for the
purpose of defraying the cost of public facilities and/or services related to development; and
WHEREAS, other means besidesdevelopmentimpactfees exist by which cities may provide
for the cost of public facilities and/or services related to development;suchother means include,
but are not limited to, economic development activity such as attraction and retention of businesses
that are a source of jobs, tax revenue and other economic and social benefits to the City and
community; and
WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen
(14) days prior to the public hearing at which the Ordinancewas considered, notice of the time and
place of the hearing was mailed to eligible interested parties who filed written requests with the City
for mailed notice of meetings on new or increased fees or service charges; and
WHEREAS, in accordance with Government Code Section 66019, the Fee Study was
available for public inspection, review, and comment for ten (10) days prior to the public hearing at
which the Council considered the Ordinance; and
WHEREAS, ten (10) days advance notice of the public hearing at which the Ordinancewas
considered was given by publication in accordance with Government Code Section 6062a; and
WHEREAS, the action taken by the Ordinance and thisResolution has no potential for
physical effects on the environment because it involves an adoption of certain Fees and/or charges
imposed by the City, does not commit the City to any specific project, and said Fees and/or charges
are applicable to future development projects and/or activities, each of which future projects
and/or activities will be fully evaluated in full compliance with the California Environmental Quality
Act (“CEQA”) when sufficient physical details regarding said projects and/or activities are available
to permit meaningful CEQA review (See CEQA Guidelines, Section 15004(b)(1)). Therefore,
approval of the fees and/or charges is not a “project” for purposes of CEQA, pursuant to CEQA
Guidelines, Section 15378(b)(4); and, even if considered a “project” under CEQA, is exempt from
CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that there is no possibility that approval of the Fees and/or charges may have a significant
effect on the environment; and
WHEREAS, pursuant to the Mitigation Fee Act, the City seeks to adopt this Resolution
toset the Fees under the Ordinance in order tomitigate the impacts caused by new
development by providing for the payment of development impact fees necessary for the City to
acquire propertyand construct parks and recreational facilities and to maintain desirable levels
of parks and recreational facilities for new and existing residents.
NOW THEREFORE, BE IT RESOLVED thatCity Council of the City of South San Francisco finds
as follows:
I.FINDINGS
A.After considering the Fee Study, the testimony received at the noticed public meeting
at which the Ordinance and Resolution wereconsidered, the accompanying staff report, the General
Plan, the General Plan EIR, the Parks and Recreation Master Plan and all correspondence received
at or prior to the public meeting (the “Record”), the Council approves and adopts the Fee Study;
and the City Council further finds that the future development in the City will generate the need for
the park and recreationalfacilities necessitating adoption of the Ordinance and this Resolution.
B.The City currently provides park and recreational facilities to the community and the
fees set forth in the Ordinance and this Resolution will be used to maintain current levels and assist
theCityinmeetingitsstatedgoals for park and recreational facilities under the General Plan, Parks
and Recreation Master Plan and other applicable plans. As such, the Parkland Acquisition Fee and
Park Construction Fee established under the Ordinance and this Resolutionas it relates to
development within the City is not a “project” within the meaning of CEQA (Pub.Res. Code
§21080(b)(8)(D)).
C.In adopting the Ordinance and this Resolution, the City Council is exercising its
powersunder Article XI, §§5 and 7 of the California Constitution, Chapter 5 of Division 1 of the
Government Code (“Mitigation Fee Act”), commencing with Section 66000, collectively and
separately.
D.The Record establishes:
1.In accordance with Section 66001, subdivision a, paragraph 1 of the Mitigation
Fee Act, the purpose of the Parkland Acquisition Fee and Park Construction Fee, set
forth in the Ordinance and this Resolution, as specified in Chapter III of the Fee Study,
is to provide funding to achieve the City’s goal of maintaining existing service levels and
to ensure adequate park and recreationalfacilities are provided in the future to meet the
needs of South San Francisco residents as established in the General Planand Parks and
Recreation Master Plan. Standards for the desired level of parks and recreational
facilitieshave been identified which have been used as the basis toestablish the Fees
under the Ordinance and this Resolution.
2.In accordance with Section 66001, subdivision a, paragraph 2 of the Mitigation
Fee Act, the Feescollected pursuant to this Resolution shall be used to acquire parkland
construct park and recreationalfacilities at the levels identified in the General Plan, Parks
and Recreation Master Plan and the Fee Study.
3.In accordance with section 66001, subdivision a, paragraph 3 of the Mitigation Fee
Act, there is a reasonable relationship between the Fees’use (to pay for acquisition of
parklandand construction of park and recreational facilities) and the type of development
for which the Feesare imposedin that the Feeswill be appliedtoresidential development in
the city, which will generate demands for park and recreational facilities.
4.In accordance with Section 66001, subdivision a, paragraph 4, thereis a
reasonable relationship between the need for the parkland acquisition andpark
construction and the types of development projects on which the Fees areimposed in
that the Feeswill be applied to new residential development in the city, which will attract
new residents that will place a greaterdemand on park and recreational facilities.
5.In accordance with Section 66001, subdivision b of the Mitigation Fee Act, there
is a reasonable relationship between the amount of the Feesand the cost of providing
the parkland and park and recreational facilitiesattributable to the development in the
city upon which the Fees areimposed in that the Feeshavebeen calculated by
apportioning the cost of parkland acquisition and park facilities construction tothe
number of residents attracted by each type of new residential unit.
6.The cost estimates set forth in the Fee Study are reasonable estimates for
acquiring parkland and constructing park and recreational facilities and the Fees expected
to be generated by future development will not exceed the projected cost of acquiring
parkland and constructing park and recreational facilities.
7.The method of allocation of the Fees toparticular developmentsbears a fair
relationship and is roughly proportional to each development’s burden on and benefits
from the park and recreationalfacilities to be funded by the Fees, in that the Fees are
calculated based on the number of residents each particular development will attract.
8. The Fee Study is a detailed analysis of how parks and recreational services will be
affected by development in the city and the parks and recreationalfacilities necessaryto
accommodate that development.
9.The Fees areconsistent with the General Plan and, pursuant to Government
Code Section 65913.2, the City Council has considered the effects of the Feeswith
respect to the City’s housing needs as established in the housing element of the General
Plan.
10.The Feeamounts set forth in this Resolutioninclude thefair andreasonable costs
of administration forthe Fee programs as determined by the Finance Director and are
withinthe requirements of the Mitigation Fee Act and other applicable law.
11.The annual fee adjustment provided for in this Resolution reasonably
approximates the fluctuation in market costs in that it allows for adjustment in
accordance with the All Urban Consumers Consumer Price Index, San Francisco-
Oakland-San Jose (AUC-CPI).
12.The average fair market value of land in thecity as set by this Resolution is a fair
and reasonable calculation of such fair market value as determined by a qualified
appraiser in accordance with the requirements of the Ordinance.
13.The average per acre construction costs in the city as set by this Resolution is a
fair and reasonable calculation of such construction as determined by a qualified
architecture or construction firm in accordance with the requirements of the Ordinance
NOW, THEREFORE, BE ITFURTHERRESOLVED by the City Council of the City of
South San Francisco:
1.Parkland Acquisition and Park ConstructionFee Imposed.
Pursuant to the Mitigation Fee Actand Chapter 8.67 of the South San Francisco Municipal
Code, a Parkland Acquisition Fee and Park Construction Fee shall be imposedand paid at the
times and in the amounts and otherwise apply and be administered as prescribed in this
Resolutionand the Ordinanceon each type of development set forth in Ordinance.
2.Amount of Fees.
a. Parkland Acquisition Fee.Theamount of the Parkland Acquisition Fee shall be
determined by the calculation set forth in Section 8.67.060(b) of the South San Francisco
Municipal Codeand the following:
i. Average Fair Market Value per Acre. For purposes of Section 8.67.060(b) and (d),
the average fair market value of land per acre in the city shall beset at $3,000,000.
ii. Annual Adjustment.Pursuant to Section 8.67.060(g), the Fee shall be adjusted
annually in accordance with the All Urban Consumer Price Index, San Francisco-Oakland-San
Jose (AUC-CPI).
b. Park Construction Fee.Theamount of the Park Construction Fee shall be determined
by the calculation set forth in Section 8.67.060(c) of the South San Francisco Municipal Code
and the following:
i. Average ConstructionCost per Acre.Pursuant to Section 8.67.060(e), the average
construction cost per acre in the city shall be set at $981,250.
ii. Annual Adjustment.Pursuant to Section 8.67.060(g), the Fee shall be adjusted
annuallyin accordance with the All Urban Consumer Price Index, San Francisco-Oakland-San
Jose (AUC-CPI).
c. Administrative Fee.Pursuant to Section 8.67.060(f)of the South San Francisco
Municipal Code, the administrative fee for implementing the Ordinance and administering the
Fees shall be $1500.
3.Application
All development projects identified in Section 8.67.050of the South San Francisco Municipal
Codeare subject to the Parkland Acquisition Fee and Park Construction Fee.
4.Use of Fees
Funds collected pursuant to the Parkland Acquisition Fee and the Park Construction shall only
be used for the purposes outlined in Section 8.67.070of the South San Francisco Municipal
Code.
5.Periodic Review.
a.During each fiscal year, the City Manager, or his designee,shall prepare a report
for the City Council, pursuant to Government Code Section 66006, identifyingall information
required by Section 66006, includingthe balance ofallFee revenues in the Fee accounts.
b.Pursuant to Government Code Section 66002, the City Council shall also review,
as part of any adopted City Capital Improvement Plan each year, the approximate location, size,
time of availability and estimates of cost for all park acquisition and park facilities construction
to be financed with the Fees. The City Council shall make findings identifying the purpose to
which the existing Fee revenue balances are to be put and demonstrating a reasonable
relationship between the Fee sand the purpose for which it is charged.
6.Administrative Guidelines.
The City Council may, by resolution, adopt administrative guidelines to provide procedures for
administrative aspects of the Fees.
7.Effective Date
This Resolution shall become effective on the date of adoption of this Resolution. In
accordance withGovernment Code Section 66017, the Fees set by this Resolutionshall be
effective 60 days from the effective date of this Resolution.
8.Severability.
Each component of the Fees and all portions of this Resolution are severable. Should any
individual component of the Fees orother provision of this Resolution be adjudged to be invalid
and unenforceable, the remaining component or provisions shall be and continue to be fully
effective, and the Feesshall be fully effective except as to that component that has been judged
to be invalid.
*****
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a special meeting held on the ______day of
____________, 2016by the following vote:
AYES:____________________________________________________________
NOES: ___________________________________________________________
ABSTAIN:___________________________________________________________
ABSENT: ____________________________________________________________
ATTEST: _______________________________
City Clerk
2639182.1
RESOLUTION NO. ___
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
RESOLUTION ESTABLISHING THE FAIR MARKET
VALUE OF LAND IN THE CITY FOR PURPOSES OF
CALCULATING THE AMOUNT OF FEE IN LIEU OF
DEDICATION OF LAND AND SETTING THEAMOUNT
OF THEFEE IN LIEU OF DEDICATION PURSUANT TO
THE AMENDMENTS TO CHAPTER 19.24 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODEAND THE QUIMBY
ACT
WHEREAS, parks and recreational open space and facilities are vital to the health and
welfare of a community; and
WHEREAS, the City of South San Francisco (“City”) aims to provide sufficient levels of
parks and recreational open space and facilities for its residents; and
WHEREAS, the City’s General Plan and Parks and Recreation Master Plan aims to
provide three acres of parks and recreational facilities per 1,000 residents; and
WHEREAS, Guiding Policy 5.1-G-1 of the City’s General Plan provides that the City
should “[d]evelop additional parklandin the city, particularly in areas lacking these facilities, to
meet the standards of required park acreage for new residents and employees”; and,
WHEREAS, Implementing Policy 5.1-1-2 of the City’s General Plan provides that the
City should “[m]aintainparkland standards of 3.0 acres of community and neighborhood parks
per 1,000 residents”; and,
WHEREAS, Goal #1 of the Parks and Recreation Master Plan provides that the City
“should provide a minimum of 3 acres of developed park land per 1,000 residents”; and,
WHEREAS, residential subdivision projects attract new residents to the City, which
generates increased demand for parks and recreational facilities and impacts existing park service
levels; and
WHEREAS, the City adopted Sections 19.24.030 through 19.24.120 of the South San
Francisco Municipal Code in 1981pursuant to Government Code section 66477 (“Quimby
Act”)in order torequire developers of proposed residential subdivisions to dedicate land for
parks or pay an in-lieu fee(“Fee”); and,
WHEREAS,since a significant period of time has passed since the adoption of Sections
19.24.030 through 19.24.120, the City adopted certain revisions, updates and amendments
(“Amended Ordinance”)that were necessary to ensure that Chapter 19.24 wasoperating
adequately and achievingthe City’s objectives; and
WHEREAS, the Amended Ordinance providesthat the City Council will, by resolution,
set the average fair market value for land in the city necessary for calculating the Fee,set an
administrative feeto cover the cost ofadministering the Amended Ordinance, and set the
annual adjustment of the Fee; and
WHEREAS, the Finance Director has determined that the annual staff costs associated with
administration of the Amended Ordinance will be approximately $500 per year and will require
three years of administrationper development project, which results in an administrative fee of
$1500per development project; and
WHEREAS, the City has obtained an appraisal from Dana Property Analysis for the average
fair market value of land per acre in the city, which assessedthe value of land at$3,000,000 peracre;
and
WHEREAS, as market costs naturally fluctuate from year to year, the Feewill be adjusted
annually to reflect these fluctuations using the All Urban Consumers Consumer Price Index, San
Francisco-Oakland-San Jose (AUC-CPI), which is a fair estimate of market fluctuations in the city
and surrounding areas; and
WHEREAS, the City has caused to be prepared an impact study entitled “City of South San
Francisco Parkland Acquisition and Park Construction Fees Quimby Act and Mitigation Fee Act
Report,” which report was prepared by Municipal Resources Group, LLC dated March 2016 (“Fee
Study”), a copy of which is on file in the Office of the City Clerk andParks and Recreation
Administrative Office and ishereby made a part of this Resolution by reference; and
WHEREAS, the Fee Study analyzes theChapter 19.24and describesthe amounts necessary
to fund City park and recreational facilities and a description of the reasonable relationship between
the land to be dedicated or the Feesto be paidand the newdevelopment requiring such parkland
and parkfacilitiesand recommends amendments to Sections 19.24.030 through 19.24.120 of the
City’s Municipal Code; and
WHEREAS, the amendments to Sections 19.24.030 through 19.24.120 were accomplished
through adoptionof the Amended Ordinance; and
WHEREAS, at least fourteen (14) days prior to the public hearing at which theAmended
Ordinance was considered, notice of the time and place of the hearing was mailed to eligible
interested parties who filed written requests with the City for mailed notice of meetings on new or
increased fees or service charges; and
WHEREAS, the Fee Study was available for public inspection, review, and comment for ten
(10) days prior to the public hearing at which the Council considered theAmendedOrdinance; and
WHEREAS, ten (10) days advance notice of the public hearing at which the Amended
Ordinance was considered was given by publication; and
WHEREAS, the action taken by the Amended Ordinance and this Resolution has no
potential for physical effects on the environment because it involves the modificationof aFee
and/or charges imposed by the City, does not commit the City to any specific project, and said Fee
and/or charges are applicable to future development projects and/or activities, each of which future
projects and/or activities will be fully evaluated in full compliance with the California
Environmental Quality Act (“CEQA”) when sufficient physical details regarding said projects
and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines, Section
15004(b)(1)). Therefore, approval of the Feeand/or charges is not a “project” for purposes of
CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a “project”
under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that there is no possibility that approval of the Feeand/or
charges may have a significant effect onthe environment; and
WHEREAS, the City seeks to adopt this Resolution toestablish the average fair market
value of land per acre in the city for purposes of calculating theFeeandset the Feeunder the
Amended Ordinance in order to mitigate the impacts caused by new development by providing
for the payment of in-lieu fees necessary for the City to acquire property and construct parks
and recreational facilities and to maintain desirable levels of parks and recreational facilities for
new and existing residents.
NOW THEREFORE, BE IT RESOLVED thatCity Council of the City of South San Francisco finds
as follows:
I.FINDINGS
A.After considering the Fee Study, the testimony received at the noticed public meeting
at which the Amended Ordinance and Resolution wereconsidered, the accompanying staff report,
the General Plan, the General Plan EIR, the Parks and Recreation Master Plan and all
correspondence received at or prior to the public meeting (the “Record”), the City Council approves
and adopts the Fee Study; and the CityCouncil further finds that future development in the City will
generate the need for the park and recreational facilities necessitating adoption of theAmended
Ordinance and this Resolution.
B.The City currently provides park and recreational facilities to the community and the
dedication of land and/or payment of the Fee set forth in the Amended Ordinance and this
Resolution will be used to maintain current levels and assist theCityin meeting itsstatedgoals for
park and recreational facilities under the General Plan, Parks and Recreation Master Plan and other
applicable plans. As such, the dedication of land and/or payment of the Fee modifiedunder the
Amended Ordinance and this Resolution as it relates to development within the City is not a
“project” within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)).
D.The Record establishes:
1.The cost estimates set forth in the Fee Study are reasonable estimates for
acquiring parkland and constructing park and recreational facilities and the Feeexpected
to be generated by future development will not exceed the projected cost of acquiring
parkland and constructing park and recreational facilities.
2.The Fee Study is a detailed analysis of how parks and recreational services will be
affected by development in the city and the parks and recreational facilities necessary to
accommodate that development.
3.The amount of land to be dedicated and/or the payment of the Fee under the
Amended Ordinance are consistent with the General Plan and, pursuant to Government
Code Section 65913.2, the City Council has considered the effects of the Feeand the
amount of the land to be dedicatedwith respect to the City’s housing needs as
established in the housing element of the General Plan.
4.The Feeamountset forth in this Resolution include the fair and reasonable costs
of administration for the Fee programas determined by the Finance Director and are
within the requirements of the QuimbyAct and other applicable law.
5.The annual fee adjustment provided for in this Resolution reasonably
approximates the fluctuation in market costs in that it allows foradjustment in
accordance with the All Urban Consumers Consumer Price Index, San Francisco-
Oakland-San Jose (AUC-CPI).
6.The average fair market value of land in the city as set by this Resolution is a fair
and reasonable calculation of such fair market value as determined by a qualified
appraiser in accordance with the requirements of the Ordinance.
NOW, THEREFORE, BE ITFURTHERRESOLVED by the City Council of the City of
South San Francisco:
1.Amount of Fee.
Theamount of the Fee to be paid in-lieu of dedication of land pursuant to Chapter 19.24 of the
South San Francisco Municipal Code shall be determined by the calculation set forth in Section
19.24.090(a)of the South San Francisco Municipal Code and the following:
a. Average Fair Market Value per Acre. For purposes of 19.24.090(a) and (b), the average
fair market value of land per acre in the city shall be set at $3,000,000.
b. Annual Adjustment.Pursuant to Section 19.24.090(c), the Fee shall be adjusted annually
in accordance with the All Urban Consumer Price Index, San Francisco-Oakland-San Jose
(AUC-CPI).
c. Administrative Fee.Pursuant to Section 19.24.090(c) of the South San Francisco
Municipal Code, the administrative fee for implementing the Amended Ordinance and
administering the Fees shall be $1500.
2.Application
All development projects identified in Section 19.24.050of the South San Francisco Municipal
Code are subject to the dedication of land and Feerequirements.
3.Use of Fees
Funds collectedpursuant to Chapter 19.24 shall only be used for the purposes outlined in
Chapter 19.24of the South San Francisco Municipal Code.
4.Administrative Guidelines.
The City Council may, by resolution, adopt administrative guidelines to provide proceduresfor
administrative aspects of the Fees.
5.Effective Date
This Resolution shall become effective on the date of adoption of this Resolution.
6.Severability.
Each component of the Fees and all portions of this Resolution are severable. Should any
individual component of the Feeorother provision of this Resolution be adjudged to be invalid
and unenforceable, the remaining component or provisions shall be and continue to be fully
effective, and the Fee shall be fully effective except as to that component that has been judged to
be invalid.
*****
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a special meeting held on the ______ day
of ____________, 2016 by the following vote:
AYES:____________________________________________________________
NOES: ___________________________________________________________
ABSTAIN:___________________________________________________________
ABSENT: ____________________________________________________________
ATTEST: _______________________________
City Clerk
2639568.1
CITY OF SOUTH SAN FRANCISCO
PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES
QUIMBY ACT AND MITIGATION FEE ACT REPORT
MUNICIPAL RESOURCE GROUP, LLC
675 HARTZ AVENUE, SUITE 300
DANVILLE, CA 94526
(530) 878-9100
MARCH 2016
CITY OF SOUTH SAN FRANCISCO
PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES
QUIMBY ACT AND MITIGATION FEE ACT REPORT
Table of Contents
EXECUTIVE SUMMARY ......................................................................................................................................... .1
I. INTRODUCTION AND BACKGROUND INFORMATION ................................................................... 8
II. QUIMBY ACT PARK LAND ACQUISITION IN‐LIEU FEE ............................................................... 15
III. PARK LAND ACQUISITION FEE – MITIGATION FEE ACT ........................................................... 20
IV. PARK CONSTRUCTION FEE .................................................................................................................... 26
V. PARK ACQUISITION AND PARK CONSTRUCTION FEES SUMMARY ...................................... 31
VI. ANNUAL FEE ADJUSTMENT ................................................................................................................... 32
VII. COMPLIANCE REQUIREMENTS ............................................................................................................ 33
ATTACHMENT 1: DANA PROPERTY ANALYSIS WEIGHTED AVERAGE MARKET VALUES
ATTACHMENT 2: GROUP 4 ARCHITECTURE, RESEARCH + PLANNING INC. PARK
CONSTRUCTION BUDGET
CITY OF SOUTH SAN FRANCISCO
PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES
QUIMBY ACT AND MITIGATION FEE ACT REPORT
EXECUTIVE SUMMARY
______________________________________________________________________________
The City of South San Francisco adopted an ordinance in 1981 requiring certain
residential developments to dedicate land for park and recreation purposes, or to pay a fee
in‐lieu of the land dedication. The General Plan, Parks + Recreation Master Plan and the
East of 101 Area Plan have revised the City’s park and recreation goals to include
acquisition and construction of three acres of parks per one‐thousand residents for all new
residential development projects, and acquisition and construction of 0.5 acres per one‐
thousand employees for all new commercial development projects.
The City has engaged Municipal Resource Group LLC to prepare an analysis and
Report with recommendations to update the Park Land Acquisition Fee and to adopt a Park
Construction Fee.
The fees calculated in this Report are the maximum fees that the City may adopt for
Park Land Acquisition and Park Construction. The City may adopt fees as calculated in this
Report, or may discount the fees and explore other methods to finance the achievement of
its park goals.
AUTHORITY TO ADOPT PARK LAND ACQUISITION FEES AND PARK CONSTRUCTION FEES
The City’s goal of three acres per thousand residents can continue to be partially
achieved through the authority of the Quimby Act. Generally, Quimby Act land dedication
and in‐lieu fee requirements apply to new subdivisions, but not to multifamily residential
development projects (rental units) or commercial development projects. To establish fee
requirements for these other development projects, cities may adopt a Park Land
Acquisition Fee for future residential and commercial development projects that are not
subject to the Quimby Act, based on the authority provided in the Mitigation Fee Act.
The proposed Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land
Acquisition Fee are intended to provide funds to acquire park land to serve new residents
and employees.
A separate Park Construction Fee is proposed to pay for the construction of park
facilities and improvements to serve new residents and employees, also under the authority
of the Mitigation Fee Act.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
2
CURRENT DEDICATION REQUIREMENTS AND IN‐LIEU FEES
The City of South San Francisco Municipal Code (Chapter 19.24) establishes the
existing procedures for the Quimby Act dedication of land or the payment of an in‐lieu fee.
The Municipal Code requires the City to obtain a separate appraisal for each development
project that is subject to the Quimby Act. The City then calculates the in‐lieu fee per
residential unit based on each appraisal and other criteria established in the Municipal
Code.
Under existing Municipal Code procedures, the Quimby Act in‐lieu fees can vary
widely based on the appraisals of the subject properties. Instead of these individual
appraisals, this Report recommends the use of a single market land valuation for park land
acquisition fees for all future residential and commercial development projects and
proposes a common fee for similar residential development projects and commercial
development projects.
PARK LAND ACQUISITION FEES ‐ RESIDENTIAL DEVELOPMENTS
The proposed methodology for calculating both the Quimby Act In‐lieu fees for
residential subdivisions and the Mitigation Fee Act fee for all other residential development
projects is based on the City’s standard of three acres of park land per one‐thousand
residents (.003 acres per resident), the number of residents in each residential
classification, and the market value of land.
The acres required for each residential classification (Units in Structure) are
identified in Table ES‐1 by multiplying .003 acres per resident by the average number of
residents in each land use classification.
Table ES‐1: Park Land Acres Required per Residential Unit
Units in Structure Acres per
Resident
Residents per
Unit
Park Land Acres
Required per Unit
1 (single‐family residential unit) 0.003 3.45 0.01035
2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894
5 to 19 0.003 2.53 0.00759
20 to 49 0.003 2.04 0.00612
50 or more 0.003 1.78 0.00534
Mobile home 0.003 2.65 0.00795
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
3
To determine the value of land, the City contracted with Dana Property Analysis to
prepare an analysis of the average market value of vacant land, estimated at $3,000,000 per
acre. Table ES‐2 calculates the Park Land Acquisition Fee per residential unit by
multiplying the park land acres required per unit (from Table ES‐1) by the $3,000,000
market value per acre.
Table ES‐2: Park Land Acquisition Fee per Residential Unit
Units in Structure Park Land Acres
Required per Unit
Market Value of
Land per Acre Fee per Unit
1 (single‐family residential unit) 0.01035 $3,000,000 $31,050
2 to 4 (duplex to four‐plex) 0.00894 $3,000,000 $26,820
5 to 19 0.00759 $3,000,000 $22,770
20 to 49 0.00612 $3,000,000 $18,360
50 or more 0.00534 $3,000,000 $16,020
Mobile home 0.00795 $3,000,000 $23,850
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal
Resource Group LLC
PARK LAND ACQUISITION FEES – COMMERCIAL DEVELOPMENTS
The South San Francisco General Plan and the East of 101 Area Plan establish a
standard of 0.5 acres per one‐thousand new employees. Fees on commercial projects are
typically applied per one‐thousand square feet of building space. The number of employees
per one‐thousand square feet of building space varies among commercial uses.
Table ES‐3 calculates the park land acreage required per one‐thousand square feet
of new commercial building space by multiplying the number of employees per one‐
thousand square feet by the acreage required per employee (0.5 acres per one‐thousand
employees is equal to .0005 acres per employee).
Table ES‐3: Park Land Acreage Required per One‐thousand Square Feet of Commercial Space
Classification Employees per
1,000 Square Feet
Park Land Acres
Required per Employee
Park Land Acres
Required per 1,000
Square Feet
Commercial/Retail 2.50 .0005 acres.00125 acres
Hotel/Visitor 2.38 .0005 acres .00119 acres
Office/R&D 2.22 .0005 acres .00111 acres
Industrial 1.05 .0005 acres.00052 acres
Source: City of South San Francisco General Plan Land Use Element, page 55; Municipal Resource
Group LLC
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
4
The Park Land Acquisition Fee is based on the amount of land required to meet the
applicable park land standard, and the $3,000,000 market value of land.
Table ES‐4 calculates the fee per one‐thousand square feet of commercial space by
multiplying the required acres per 1,000 square feet (from Table ES‐3) by the $3,000,000
market value per acre.
Table ES‐4: Park Land Acquisition Fee per One‐thousand Square Feet of Commercial Space
Classification Park Land Acres per
1,000 Square Feet
Market Value of Land
per Acre
Fee per 1,000 Square
Feet
Commercial/Retail .00125 acres $3,000,000 $3,750
Hotel/Visitor .00119 acres $3,000,000 $3,571
Office/R&D .00111 acres $3,000,000 $3,333
Industrial .00052 acres $3,000,000 $1,571
Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis;
Municipal Resource Group LLC
PARK CONSTRUCTION FEES
While the Quimby Act In‐lieu Fee and the Park Land Acquisition Fee will provide for
the acquisition of park land, the proposed Park Construction Fee provides funds for the
construction of park facilities and improvements on the land acquired with the proceeds
from the other fees.
PARK CONSTRUCTION FEES ‐ RESIDENTIAL DEVELOPMENTS
The acreage to be improved with park facilities to serve residential development is
the same as established for park land acquisition: three acres per one‐thousand future
residents.
The Park Construction Fee is based on the amount of land required to be
improved and the cost of constructing park facilities and improvements. The average hard
and soft construction cost per acre is $981,250, as estimated by Group 4 Architecture,
Research + Planning, Inc.
Table ES‐5 calculates the fee per residential unit by multiplying the required acres
per unit by the $981,250 construction cost per acre per acre.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
5
Table ES‐5: Park Construction Fee per Residential Unit
Units in Structure Park Acres per
Unit
Construction Cost
per Acre Fee per Unit
1 (single‐family residential unit) 0.01035 $981,250 $10,156
2 to 4 (duplex to four‐plex) 0.00894 $981,250 $ 8,772
5 to 19 0.00759 $981,250 $ 7,448
20 to 49 0.00612 $981,250 $ 6,005
50 or more 0.00534 $981,250 $ 5,240
Mobile home 0.00795 $981,250 $ 7,801
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Group 4 Architecture, Research +
Planning Inc.; Municipal Resource Group LLC
PARK CONSTRUCTION FEES ‐ COMMERCIAL DEVELOPMENTS
The South San Francisco General Plan and the East of 101 Area Plan establish a
standard of 0.5 acres per one‐thousand new employees in the City. The acreage to be
improved with park facilities to serve commercial development is the same as established
for park land acquisition: 0.5 acres per one‐thousand employees.
Table ES‐6 calculates the park acreage required to be improved per one‐thousand
square feet of new commercial building space by multiplying the employees per one‐
thousand square feet by the acreage required per employee.
Table ES‐6: Park Acres to be Improved per One‐thousand Square Feet of Commercial Space
Classification Employees per
1,000 Square Feet
Park Acres Required
per Employee
Acres to be Improved per
1,000 Square Feet
Commercial/Retail 2.50 .0005 acres .00125 acres
Hotel/Visitor 2.38 .0005 acres .00119 acres
Office/R&D 2.22.0005 acres .00111 acres
Industrial 1.05 .0005 acres .00052 acres
Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis;
Municipal Resource Group LLC
Table ES‐7 calculates the fee per one‐thousand square feet of commercial space by
multiplying the required acres per employees (from Table ES‐6) by the $981,250
construction cost per acre per acre.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
6
Table ES‐7: Park Construction Fee per One‐thousand Square Feet of Commercial Space
Classification Park Acres per 1,000
Square Feet
Construction Cost
per Acre
Fee per 1,000 Square
Feet
Commercial/Retail .00125 acres $981,250 $1,227
Hotel/Visitor .00119 acres $981,250 $1,168
Office/R&D .00111 acres $981,250 $1,090
Industrial .00052 acres $981,250 $ 514
Source: City of South San Francisco; Parks + Recreation Master Plan; Group 4 Architecture, Research
+ Planning Inc.; Municipal Resource Group LLC
FEE SUMMARY
Table ES‐8 presents the proposed Park Land Acquisition Fees (Quimby Act and
Mitigation Fee Act) and the Park Construction Fees for residential units. The City may adopt
fees equal to, or below the amounts identified in Table ES‐8.
Table ES‐8: Total Park Fees per Residential Unit
Units in Structure Park Land
Acquisition Fee
Park
Construction Fee Total Park Fees
1 (single‐family residential unit) $31,050 $10,156 $41,206
2 to 4 (duplex to four‐plex) $26,820 $ 8,772 $35,592
5 to 19 $22,770 $ 7,448 $30,218
20 to 49 $18,360 $ 6,005 $24,365
50 or more $16,020 $ 5,240 $21,260
Mobile home $23, 850 $ 7,801 $31,651
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4
Architecture + Planning Inc.; Municipal Resource Group LLC
Table ES‐9 presents the proposed Park Land Acquisition Fees and the Park
Construction Fees for commercial development projects. The City may adopt fee equal to, or
below the amounts identified in Table ES‐9.
Table ES‐9: Total Park Fees per One‐thousand Square Feet of Commercial Space
Classification Park Land
Acquisition Fee
Park
Construction Fee Total Park Fees
Commercial/Retail $3,750 $1,227 $4,977
Hotel/Visitor $3,571 $1,168 $4,739
Office/R&D $3,333 $1,090 $4,423
Industrial $1,571 $ 514 $2,085
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4
Architecture + Planning Inc.; Municipal Resource Group LLC
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
7
QUIMBY ACT AND MITGATION FEE ACT REQUIREMENTS; FEE ADJUSTMENTS
The Report provides recommended findings to adopt the Quimby Act In‐lieu fees
and the Mitigation Fee Act fees. It also provides a summary of the statutory and
administrative requirements for both Acts and proposes mechanisms to adjust the fees on
an annual basis.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
8
I. INTRODUCTION AND BACKGROUND INFORMATION
______________________________________________________________________________
The City of South San Francisco adopted an ordinance in 1981 requiring certain new
residential subdivisions to dedicate land for park and recreation purposes, or to pay a fee
in‐lieu of the land dedication. The City subsequently adopted a revised General Plan, an
East of 101 Area Plan and a revised Parks + Recreation Master Plan with new park and
recreation goals.
The purpose of this analysis and Report is to provide recommendations to revise
and update the Park Land Acquisition In‐lieu Fee ordinance, and to adopt a Park
Construction Fee, to be consistent with and to implement the goals of the General Plan, the
Parks + Recreation Master Plan and the East of 101 Area Plan.
The fees calculated in this Report are the maximum fees that the City may adopt for
Park Land Acquisition and Park Construction. The City may adopt fees as calculated in this
Report, or may discount the fees and explore other methods to finance the achievement of
its park goals.
GENERAL PLAN GOALS
The City of South San Francisco General Plan, adopted in 1999, contains several
Guiding Policies and Implementing Policies regarding park and recreation facilities. The
General Plan provides for new park land in South San Francisco by setting a park land
acreage standard for new residents and employees. The following policies are articulated in
the General Plan:
“Guiding Policy 5.1‐G‐1: Develop additional park land in the City, particularly in
areas lacking facilities, to meet the standards of required park acreage for new
residents and employees.”
“Implementing Policy 5.1‐I‐2: Maintain park land standards of 3.0 acres of
community and neighborhood parks per 1,000 new residents, and 0.5 acres of park
land per 1,000 new employees, to be located in employment areas.”
“Implementing Policy 5.1‐I‐3: Prefer in‐lieu fees to dedication, unless sites offered
for dedication provide features and accessibility similar in comparison to sites
shown on General Plan Figure 5‐1 and shown in more detail in the El Camino Real /
Chestnut Avenue Area Plan. Opportunities for park dedication with new residential
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
9
development are limited. In‐lieu fees are intended to give the City flexibility to
purchase available park land elsewhere in the City.”
“Implementing Policy 5.1‐I‐10: Review the current regulations for the dedication of
park land in subdivisions to ensure that requirements are adequate to meet the
standards of the General Plan at Plan build‐out.”
PARKS + RECREATION MASTER PLAN GOALS
The Parks + Recreation Master Plan adopted in July 2015 reiterates park facility
goals:
“Goal #1: South San Francisco should provide a minimum of 3 acres of developed
park land per 1,000 residents, and 0.5 acres of park land per 1,000 employees.”
The Parks + Recreation Master Plan also provides policy guidance regarding the use
of the Mitigation Fee Act (California Government Code section 66000 et seq) for the purpose
of including all future residential and commercial development projects in a fee program to
acquire park land and to construct park facilities. The Parks + Recreation Master Plan states,
in part, beginning on page 122:
“The improvement and expansion of the Parks and Recreation Facilities as
recommended in this Master Plan and the City’s General Plan are policies based a
comprehensive needs assessment. Fees exacted under AB1600 (Mitigation Fee Act)
would be designated for carrying out the improvements set forth in these
documents, which reflect the demands that will result from the increased
population of residents and employees resulting from development projects.
Whereas the Quimby Act applies only to owner‐occupied development projects, fees
may be assessed against other development types, including rental and commercial
projects. The City should implement park fees on new development projects. This is
particularly important at this time, when the pace of rental and commercial
construction is accelerating rapidly, and the increase in the number of new
residents and employees will significantly impact the parks system” (underlining
added).
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
10
EAST OF 101 AREA PLAN GOALS
The East of 101 Area Plan was adopted in 1994, and as its name reflects, it
establishes policies and goals for the area east of Highway 101. The East of 101 Area Plan
discusses the importance of public facilities to serve the area, and states the following
policy:
“Policy RE‐2: Developers in the East of 101 Area shall be required to either pay park
in‐lieu fees or dedicate park land based on a formula developed by the City which
estimates the demand for park and recreational facilities generated by the expected
employment of the project.”
THE QUIMBY ACT
Park land dedication requirements for residential subdivisions are authorized by
the Quimby Act, as codified in the California Government Code, beginning with Section
66477. The Quimby Act authorizes a City to require the dedication of a minimum of three
acres of land per one‐thousand residents in proposed residential subdivisions, or the
payment of an in‐lieu fee. If the amount of existing park land in the City exceeds a ratio of
three acres per one‐thousand residents, the City may require the dedication of the existing
ratio of park land per one‐thousand residents, up to a maximum of five acres per one‐
thousand future residents.
Quimby Act land dedication and in‐lieu fee requirements apply to parcels created by
a major residential subdivision (five or more parcels). They also apply to parcel maps
created by a minor residential subdivision (a subdivision of four parcels or less) if a building
permit is requested within four years of the approval of the parcel map for the minor
subdivision. The Quimby Act requirements do not apply to commercial development
projects or multifamily residential (rental) development projects, existing single family
residential lots that do not require a subdivision to develop, or minor subdivisions that do
not seek building permits within four years of receiving parcel map approval.
In the event that a proposed residential subdivision is less than fifty parcels, the City
may only require the payment of an in‐lieu fee (and not the dedication of land).
The in‐lieu fees may only be used for acquiring land and developing new park and
recreation facilities, or rehabilitating existing neighborhood parks, community parks and
recreational facilities.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
11
The City of South San Francisco General Plan (1999) provides park land inventory
data:
“South San Francisco currently includes 319.7 acres of parks and open space, or 5.4
acres per 1,000 residents…This includes 70 acres of developed park land
(community, neighborhood, mini and linear parks), 168.5 acres of open space and
81.2 acres of school lands. While the overall amount of park land appears to meet
the community’s needs, closer analysis reveals that only 1.2 acres of developed park
land, excluding school parks and open space, is available per 1,000 residents.”
(South San Francisco General Plan, Chapter 5: Parks, Public Facilities and Services
Element, 1999).
The Parks + Recreation Master Plan updates the current inventory of park land:
“Currently, there are approximately 1.4 acres of community, neighborhood
and mini‐park per 1,000 South San Francisco residents. Including the linear
parks, specialty parks and common greens, the ratio rises to a total of 2.7
acres of developed park land per 1,000. When Open Space is included in this
calculation, South San Francisco provides 3.9 acres of park land per 1,000
residents. Finally, including school sites that currently have joint use
facilities, the acreage increases to 5.4 per 1,000.” (Parks + Recreation Master
Plan, page 98)
Based on the current inventory of park land, the General Plan and the Park +
Recreation Master Plan establish a park land standard of three acres per one‐thousand
future residents, consistent with the minimum dedication standard in the Quimby Act.
Chapter II in this Report provides the analysis for the calculation of a Quimby Act In‐
lieu Fee based on the three acres per one‐thousand future residents’ standard established in
the General Plan and the Parks + Recreation Master Plan.
THE MITIGATION FEE ACT
Separate from the Quimby Act, authority for establishing development impact fees
for residential and commercial development projects is found in the Mitigation Fee Act, also
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
12
known as AB 1600, as codified in the California Government Code beginning with Section
66000.
The Mitigation Fee Act permits local agencies to establish and collect a fee as a
condition of approval of a development project for the purpose of defraying the cost of
public facilities required to serve the development project. The fee may include the cost of
refurbishing existing facilities to maintain the existing level of service or to achieve an
adopted level of service that is consistent with the General Plan. The public facilities must
be identified in a capital improvement plan, the General Plan, an applicable specific plan or
other public documents. The fee may not be used to pay for existing deficiencies in public
facilities.
Under the Mitigation Fee Act, a local agency considering an action establishing,
increasing or imposing a fee as a condition of approval of a development project must do all
of the following:
1. Identify the purpose of the fee.
2. Identify the use to which the fee is to be put.
3. Determine how there is a reasonable relationship between the fee's use
and the type of development project upon which the fee is imposed.
4. Determine how there is a reasonable relationship between the need for
the public facility and the type of development project upon which the
fee is imposed.
5. Determine how there is a reasonable relationship between the amount
of the fee and the cost of the public facility or portion of the public
facility attributable to the development upon which the fee is imposed.
To establish equal fee requirements for future residential development projects that
are not subject to the Quimby Act, cities may also adopt a Park Land Acquisition Fee under
authority of the Mitigation Fee Act. Chapter III in this Report provides the analysis required
by the Mitigation Fee Act for a proposed Park Land Acquisition Fee for residential
development projects that are not subject to the Quimby Act. Under no circumstances
would both the Quimby Act In‐lieu Fee and the Park Land Acquisition Fee apply to the same
residential parcel.
The General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan
establish a standard of 0.5 acres of parks per one‐thousand new employees for future
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
13
commercial developments. Chapter III in this Report provides the analysis required by the
Mitigation Fee Act for a proposed Park Land Acquisition Fee for commercial development
projects.
The proposed Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land
Acquisition Fee are based on the cost of acquiring the land required by the City’s three acres
per one‐thousand residents’ standard and the 0.5 acres per one‐thousand new employees’
standard. These park land acquisition fees do not include the cost of constructing park
facilities and improvements on the park land. Therefore, a separate Park Construction Fee
is proposed to pay for the construction of park facilities and improvements on park land
required to serve new residents and employees. Chapter IV in this Report provides the
analysis required by the Mitigation Fee Act for a proposed Park Construction Fee.
PROPOSED REVISIONS TO THE MUNICIPAL CODE
The City of South San Francisco currently imposes park land acquisition in‐lieu fees
on residential subdivisions that are subject to the Quimby Act. The City’s Municipal Code
Chapter 19.24 establishes procedures for the dedication of land or the payment of an in‐lieu
fee for Quimby Act park land acquisition. The Municipal Code requires the City to obtain an
appraisal for each development project that is subject to the Quimby Act (and for the
developer to reimburse the City for the cost of the appraisal). The City then calculates the
in‐lieu fee per residential unit based on the appraisal and other criteria established in the
Municipal Code.
Under existing Municipal Code procedures, the Quimby Act fees for the two most
recent projects were $27,522 per residential unit and $22,966 per residential unit (before
partial project‐related credits for private recreational space). The fees for both projects
were calculated using the existing “multi‐family/high density” formula. Yet there is
disparity between the fees for the two projects, due to differences in appraised values for
the two projects, even though both projects generate the same demand for park facilities
per person and per residential unit.
This Report proposes that the Municipal Code be revised by setting an in‐lieu fee
that would apply equally to all residential developments with similar population densities,
based on a single current land value. By adopting this methodology, the requirement for an
appraisal on every residential subdivision will be eliminated. Moreover, potential
developers will know what the fee will be in advance of seeking permit approvals.
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REPORT OBJECTIVES AND RECOMMENDATIONS
This Report is intended to assist the City of South San Francisco in achieving the
policies, goals and implementation measures in the General Plan, the Parks + Recreation
Master Plan and the East of 101 Area Plan. The overall objective is to offer procedures to
ensure that the City attains its goal of acquiring and constructing three acres of community
and neighborhood park land per one‐thousand future residents, and 0.5 acres of park land
per one‐thousand new employees, and that fees paid by new development projects
contribute proportionately toward these goals.
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II. QUIMBY ACT PARK LAND ACQUISITION IN‐LIEU FEE
______________________________________________________________________________
The Quimby Act authorizes the dedication of land or a payment of an in‐lieu fee for
three acres of park land per one‐thousand future residents, or up to five acres of park land
per one‐thousand future residents if there is an existing inventory of at least five acres of
park land per one‐thousand residents. The South San Francisco General Plan and the Parks
+ Recreation Master Plan identify and establish a City goal of three acres of park land per
one‐thousand future residents. This Chapter calculates the Quimby Act Park Land
Acquisition In‐lieu Fee based on three acres per one‐thousand future residents. As
previously discussed, the Quimby Act in‐lieu fee applies only to parcels created by a major
residential subdivision (five or more parcels) and to parcels created by a minor residential
subdivision (four parcels or less) if a building permit is requested within four years of the
approval of the parcel map for the minor subdivision.
CALCULATION OF THE ACREAGE REQUIRED PER RESIDENTIAL UNIT
Park land acquisition in‐lieu fees are charged on a per residential unit basis, based
on the average number of residents who live in a particular type of residential unit.
Different types of residential units have different average numbers of residents per unit.
The United States Census Bureau publishes annual demographic and population
data, known as American FactFinder data. The 2014 American FactFinder data is the most
current, credible and verifiable data available. The data is provided per residential unit,
based on the number of units in a structure. For all residential units, the average is 3.12
persons per unit. The data indicates that the more units in a structure, the fewer persons
live in each unit. Table II‐1 provides 2014 American FactFinder data for residents per unit.
Table II‐1: Residents per Residential Unit, City of South San Francisco
Units in Structure Residents per Unit
1 (single‐family residential unit) 3.45
2 to 4 (duplex to four‐plex) 2.98
5 to 19 2.53
20 to 49 2.04
50 or more 1.78
Mobile home 2.65
Average, City of South San Francisco 3.12
Source: United States Census Bureau, 2014 American FactFinder, Table B25124
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The City's standard of three acres per one‐thousand future residents is equal to .003
acres per resident (three acres divided by one‐thousand residents). The park land acreage
required per residential unit is calculated in Table II‐2, below, by multiplying .003 acres per
resident by the average number of residents in the residential units indicated previously in
Table II‐1.
Table II‐2: Park Land Acres Required per Residential Unit
Units in Structure Acres per
Resident
Residents per
Unit
Park Land Acres
Required per Unit
1 (single‐family residential unit) 0.003 3.45 0.01035
2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894
5 to 19 0.003 2.53 0.00759
20 to 49 0.003 2.04 0.00612
50 or more 0.003 1.78 0.00534
Mobile home 0.003 2.65 0.00795
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124
CALCULATION OF THE FEE PER RESIDENTIAL UNIT
The in‐lieu fee is based on the amount of land required to meet the applicable park
land standard, and the market value of land. To determine the market value of land, the City
contracted with an appraisal firm, Dana Property Analysis, to prepare an analysis of the
average market value of vacant land in South San Francisco. The Dana Property Analysis is
provided as Attachment 1 to this Report. The average market value of vacant land in South
San Francisco is estimated by Dana Property Analysis to be $3,000,000 per acre.
South San Francisco Municipal Code Chapter 19.24.090(a) currently requires that
the in‐lieu fee include the fair market value of land, plus a factor of twenty percent to
provide funding for off‐site improvements required by Municipal Code Section
19.24.080(c). More specifically, Section 19.24.080(c) requires “(1) full street improvements
and utility connections, including, but not limited to curbs, gutters, street paving, traffic
control devices, street trees, and sidewalks to the land dedicated pursuant to this section; (2)
fencing along the property line of that portion of the subdivision contiguous to the dedicated
land; (3) improved drainage throughout the dedicated land; and (4) other minimal
improvements which the City Council determines to be essential to the acceptance of the land
for recreational purposes.” This Report and analysis of the Quimby Act in‐lieu fee proposes
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17
that the twenty percent factor currently added to the in‐lieu fees be deleted from the South
San Francisco Municipal Code, for the following reasons:
The market value of land estimated by Dana Property Analysis is based on
comparable sales data for recent sales in the South San Francisco area. Many of the
comparable sales already have the public improvements referenced in
19.20.080(c)(1); therefore, the cost of these public improvements is already
included in the market value of land.
Fencing along the property line adjacent to the subdivision as referenced in
19.20.080(c)(2) would not be required, because the in‐lieu fees will be used to
purchase suitable park land that is not likely to be adjacent to the subdivision.
This Report recommends a separate Park Construction Fee, based on the projected
cost of building parks, which would include the improved drainage and other
minimal improvements referenced in sections 19.24.080(c)(3) and 19.24.080(c)(4).
Table II‐3 calculates the Quimby Act Park Land Acquisition In‐Lieu fee per
residential unit by multiplying the required acres per unit (from Table II‐2) by the
$3,000,000 market value per acre.
Table II‐3: Quimby Act Park Land Acquisition In‐Lieu Fee per Residential Unit
Units in Structure Park Land Acres
Required per Unit
Market Value of
Land per Acre Fee per Unit
1 (single‐family residential unit) 0.01035 $3,000,000 $31,050
2 to 4 (duplex to four‐plex) 0.00894 $3,000,000 $26,820
5 to 19 0.00759 $3,000,000 $22,770
20 to 49 0.00612 $3,000,000 $18,360
50 or more 0.00534 $3,000,000 $16,020
Mobile home 0.00795 $3,000,000 $23,850
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal
Resource Group LLC
Table II‐3 demonstrates that fees under the proposed methodology would vary
only by the difference in expected number of units in a structure and residents per unit, and
not by different appraisal values.
The City may adopt Quimby Act Park Land Acquisition In‐lieu fees equal to, or below
the amounts identified in Table II‐3.
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The City will incur costs to administer the fee program and to prepare the
compliance analyses and reports required by the Quimby Act. The compliance
requirements are identified in Chapter VII of this Report. The City may add an
administration cost factor to the fee, to cover the cost of administering the programs and
the cost of compliance with statutory requirements.
QUIMBY ACT REQUIREMENTS
The Quimby Act requires a local agency to address the following key procedural
requirements when adopting the dedication requirements and the in‐lieu fee. The Quimby
Act contains other requirements as well, which may be found in the California Government
Code beginning with Section 66477.
1. Adopt a general plan or specific plan containing policies and standards for
parks and recreation facilities.
The City of South San Francisco General Plan and the Parks + Recreation
Master Plan establish a standard of three acres of park land for each one‐
thousand residents.
2. Adopt an ordinance requiring the dedication of land or the imposition of a
requirement for the payment of a fee in‐lieu of the dedication of land, or a
combination of both. The ordinance must include definite standards for
determining the proportion of a subdivision to be dedicated and the amount of
the in‐lieu fee. The amount of land to be dedicated and the fee must be based
upon the density of each residential type.
It will be necessary for the City to revise its enabling ordinance to implement
the proposed in‐lieu fee methodology. It is also recommended that the City
adopt a fee resolution, implementing the proposed in‐lieu fee.
3. The amount and location of land to be dedicated or the fees to be paid must
bear a reasonable relationship to the use of the park and recreational facilities
by the future inhabitants of the subdivision.
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The City of South San Francisco has established a standard level of service of
three acres of park land for each one‐thousand residents. This standard is
based upon the minimum requirement in the Quimby Act. The land
dedication requirement and the in‐lieu fees are calculated to maintain this
standard for future residents.
4. A schedule must be developed specifying how, when, and where the City will
use the land or fees to develop park and recreational facilities.
The General Plan and the Parks + Recreation Master Plan identify the
location of several of the proposed future parks. It will be necessary for the
City to adopt a separate schedule showing how the City will use the land or
fees (site acquisition), when the City will use the fees (in five year intervals)
and where the City will use the fees (specific sites and locations).
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III. PARK LAND ACQUISITION FEE – MITIGATION FEE ACT
(NON‐QUIMBY ACT DEVELOPMENT PROJECTS)
______________________________________________________________________________
The City of South San Francisco currently collects park land acquisition fees only
from residential development projects that are subject to the Quimby Act. Quimby Act land
dedication and in‐lieu fee requirements apply to parcels created by a major residential
subdivision (five or more parcels) and to parcels created by a minor residential subdivision
(four parcels or less) if a building permit is requested within four years of the approval of
the parcel map for the minor subdivision. Quimby Act requirements do not apply to an
existing residential lot that has not previously paid a park fee, multi‐family residential
(rental) development projects or commercial development projects.
The General Plan and the Parks + Recreation Master Plan include goals to collect
park land acquisition fees from all new residential development projects and all new
commercial development projects.
Residents who will occupy future residential units that are not currently subject to
the Quimby Act in‐lieu fee will nonetheless create demand for park facilities. To address
this demand, public agencies may adopt a residential Park Land Acquisition Fee under the
authority of the Mitigation Fee Act to collect a similar fee from residential development
projects that are not subject to the Quimby Act.
Similarly, employees who work in future commercial projects will also impact park
facilities (lunch time activity and picnic areas, before and after work activities, outdoor
exercise, sports leagues and other recreational activities). To address this demand, public
agencies may adopt a commercial Park Land Acquisition Fee under the authority of the
Mitigation Fee Act to collect a proportionate fee from commercial development projects
that are not subject to the Quimby Act. The City of South San Francisco has established a
goal of creating one‐half acre of park land for each one‐thousand employees, and has
directed that this Report identify a potential fee to implement this goal for future
employees.
This Chapter provides the analysis and findings required by the Mitigation Fee Act
to collect park land acquisition fees from future residential development projects and
commercial development projects that are not subject to the Quimby Act. The analysis and
calculation of the Park Land Acquisition Fee in this Chapter parallels the analysis and
calculation of the Quimby Act Park Land Acquisition In‐lieu Fee in Chapter II. However,
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under no circumstance would both the Quimby Act Park Land Acquisition In‐lieu Fee and
the Mitigation Fee Act Park Land Acquisition Fee apply to the same residential development
parcel or project.
CALCULATION OF THE ACREAGE REQUIRED PER RESIDENTIAL UNIT
Park land acquisition fees are charged on a per unit basis, based on the average
number of residents who live in a residential unit. As discussed in Chapter II, different
types of residential units have different average number of residents per unit. Table III‐1
provides 2014 American FactFinder data for residents per unit.
Table III‐1: Residents per Residential Unit, City of South San Francisco
Units in Structure Residents per Unit
1 (single‐family residential unit) 3.45
2 to 4 (duplex to four‐plex) 2.98
5 to 19 2.53
20 to 49 2.04
50 or more 1.78
Mobile home 2.65
Average 3.12
Source: United States Census Bureau, 2014 American FactFinder, Table B25124
The City's standard of three acres per one‐thousand future residents is equal to .003
acres per resident (three acres divided by one‐thousand residents). The park land acreage
required per residential unit is calculated in Table III‐2, below, by multiplying .003 acres
per resident by the average number of residents in residential units indicated previously in
Table III‐1.
Table III‐2: Park Land Acres Required per Residential Unit
Units in Structure Acres per
Resident
Residents per
Unit
Park Land Acres
Required per Unit
1 (single‐family residential unit) 0.003 3.45 0.01035
2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894
5 to 19 0.003 2.53 0.00759
20 to 49 0.003 2.04 0.00612
50 or more 0.003 1.78 0.00534
Mobile home 0.003 2.65 0.00795
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC
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CALCULATION OF THE FEE PER RESIDENTIAL UNIT
The Park Land Acquisition Fee is based on the amount of land required to meet the
applicable park land standard, and the market value of land. As discussed in Chapter II, the
average market value of vacant in South San Francisco is estimated to be $3,000,000 per
acre.
Table III‐3 calculates the fee per residential unit by multiplying the required acres
per unit (from Table III‐2) by the $3,000,000 market value per acre.
Table III‐3: Mitigation Fee Act Park Land Acquisition Fee per Residential Unit
Units in Structure Park Land Acres
Required per Unit
Market Value of
Land per Acre Fee per Unit
1 (single‐family residential unit) 3.45 $3,000,000 $31,050
2 to 4 (duplex to four‐plex) 2.98 $3,000,000 $26,820
5 to 19 2.53 $3,000,000 $22,770
20 to 49 2.04 $3,000,000 $18,360
50 or more 1.78 $3,000,000 $16,020
Mobile home 2.65 $3,000,000 $23,850
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal
Resource Group LLC
The City may adopt Mitigation Fee Act Park Land Acquisition Fees for residential
development projects not subject to the Quimby Act, under the authority of the Mitigation
Fee Act that are equal to, or below the amounts identified in Table III‐3.
The City will incur costs to administer the fee program and to prepare the
compliance analyses and reports required by the Mitigation Fee Act. The compliance
requirements are identified in Chapter VII of this Report. The City may add an
administration cost factor to cover the cost of administering the programs and the cost of
compliance with statutory requirements.
CALCULATION OF THE ACREAGE REQUIRED FOR COMMERCIAL DEVELOPMENT PROJECTS
The South San Francisco General Plan establishes a standard of 0.5 acres per one‐
thousand new employees in the City. The East of 101 Area Plan reaffirms this goal and
standard for that particular commercial area.
Fees on commercial projects are typically applied per one‐thousand square feet of
building space. The number of employees per one‐thousand square feet of building space
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varies among commercial uses. The City of South San Francisco provided the data for the
number of employees per one‐thousand square feet of building space, as cited in Table III‐4.
Table III‐4 calculates the park land acreage required per one‐thousand square feet
of new commercial building space by multiplying the number of employees per one‐
thousand square feet by the acreage required per employee ( 0.5 acres per one‐thousand
employees is equal to .0005 acres per employee).
Table III‐4: Park Land Acreage Required per One‐thousand Square Feet of Commercial Space
Classification Employees per
1,000 Square Feet
Park Land Acres
Required per
Employee
Park Land Acres
Required per 1,000
Square Feet
Commercial/Retail 2.50 .0005 acres .00125 acres
Hotel/Visitor 2.38 .0005 acres .00119 acres
Office/R&D 2.22 .0005 acres .00111 acres
Industrial 1.05 .0005 acres .00052 acres
Source: City of South San Francisco General Plan Land Use Element, page 55; Municipal Resource
Group LLC
CALCULATION OF THE COMMERCIAL FEE
The commercial Park Land Acquisition Fee is based on the amount of land required
to meet the applicable park land standard (Table III‐4) and the market value of land. As
discussed in Chapter II, the average market value of vacant land in South San Francisco is
estimated to be $3,000,000 per acre.
Table III‐5 calculates the fee per one‐thousand square feet of commercial space by
multiplying the required acres per 1,000 square feet (from Table III‐4) by the $3,000,000
market value per acre.
Table III‐5: Mitigation Fee Act Park Land Acquisition Fee per One‐thousand Square Feet of
Commercial Space
Classification Park Land Acres per
1,000 Square Feet
Market Value of Land
per Acre
Fee per 1,000 Square
Feet
Commercial/Retail .00125 acres $3,000,000 $3,750
Hotel/Visitor .00119 acres $3,000,000 $3,571
Office/R&D .00111 acres $3,000,000 $3,333
Industrial .00052 acres $3,000,000 $1,571
Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis;
Municipal Resource Group LLC
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The City may adopt Park Land Acquisition Fees under the Mitigation Fee Act for
commercial development projects that are equal to, or below the amounts identified in
Table III‐5.
The City will incur costs to administer the fee program and to prepare the
compliance analyses and reports required by the Mitigation Fee Act. The compliance
requirements are identified in Chapter VII of this Report. The City may add an
administration cost factor to cover the cost of administering the programs and the cost of
compliance with statutory requirements.
AB 1600 NEXUS
The Mitigation Fee Act (AB 1600) requires a local agency considering an action
establishing, increasing or imposing a fee to address the following procedural requirements.
1. Identify the purpose of the fee.
The purpose of the Park Land Acquisition Fee is to provide funding to achieve the
City’s goal of maintaining park service levels and to provide adequate recreational
services for South San Francisco residents and employees, as established in the
General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan.
2. Identify the use to which the fee is to be put.
The proceeds from the fees will be used to acquire three acres of park land per one‐
thousand future residents and 0.5 acres per one‐thousand new employees, as
identified in the City’s General Plan, the Parks + Recreation Master Plan and the East
of 101 Area Plan.
3. Identify the relationship between the fee's use and the type of development project on
which the fee is imposed.
The fee will be applied to residential development projects and commercial
development projects that are not subject to the City’s Quimby Act park land
dedication or in‐lieu fee requirements. New residents in residential developments
and new employees will place an additional demand on park and recreational
facilities. The park land acquired with the proceeds of the fee will address and
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mitigate the additional impacts and demands created by these residential and
commercial development projects.
4. Determine the relationship between the need for the community facility and the type of
development project on which the fee is imposed.
The fee will be applied to residential development projects and commercial
development projects, which generate new residents and new employees in the
community. The park land will serve the needs of new residents in residential
development projects and new employees in commercial development projects.
5. Determine the relationship between the amount of the fee and the cost of the
community facility or portion of the community facility attributable to the
development on which the fee is imposed.
The fee has been calculated by apportioning the cost of park land acquisition to the
number of residents generated by each type of new residential unit and the number
of employees per one‐thousand square feet in commercial development projects.
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IV. PARK CONSTRUCTION FEE
______________________________________________________________________________
City of South San Francisco park goals include the development of three acres of
parks for each one‐thousand future residents and 0.5 acres of parks for each one‐thousand
new employees. While the Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land
Acquisition Fee will provide funds for the acquisition of park land, the proposed Park
Construction Fee discussed in this Chapter would provide funds for the construction of park
facilities and improvements on the land acquired with the proceeds from the other fees.
This Chapter provides the analysis and findings required by the Mitigation Fee Act to
establish a fee for the construction of park facilities and improvements on acquired park
land.
CALCULATION OF THE PARK ACREAGE TO BE IMPROVED PER RESIDENTIAL UNIT
The acreage to be improved with park facilities to serve residential development is
the same acreage as established for park land acquisition: three acres per one‐thousand
future residents.
Table IV‐1, using the same factors as in Table II‐2, calculates the amount of acreage
to be improved (park acreage construction) for the benefit of residential units by
multiplying the park acres per resident by the residents per unit.
Table IV‐1: Park Acres to be Improved per Residential Unit
Units in Structure Acres per
Resident
Residents per
Unit
Park Acres to be
Improved per
Residential Unit
1 (single‐family residential unit) 0.003 3.45 0.01035
2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894
5 to 19 0.003 2.53 0.00759
20 to 49 0.003 2.04 0.00612
50 or more 0.003 1.78 0.00534
Mobile home 0.003 2.65 0.00795
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC
CALCULATION OF THE FEE PER RESIDENTIAL UNIT
The Park Construction Fee is based on the amount of land required to be improved
(Table IV‐1) and the cost of constructing park facilities and improvements.
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The General Plan and Parks + Recreation Master Plan include a policy to maintain a
three acre standard of community and neighborhood parks per one‐thousand residents and
one‐half acre per one‐thousand employees, and describes the facilities that should be
included in community and neighborhood parks. While individual park construction
projects will differ in the type of park facilities and construction costs, a representative per
acre construction cost estimate has been prepared by Group 4 Architecture, Research +
Planning, Inc., for the purpose of calculating the Park Construction Fee. Attachment 2
identifies the representative park facilities and improvements and the cost per acre. The
average construction (hard) cost per acre is $785,000. Soft costs, such as design,
construction management and permitting costs, are estimated at 20% to 30% of hard
construction costs. This Report assumes a mid‐point of 25% for soft costs. Accordingly,
hard construction costs and soft costs are estimated at $981,250 per acre.
Table IV‐2 calculates the Park Construction Fee per residential unit by multiplying
the required acres per unit (from Table IV‐1) by the $981,250 park construction cost per
acre.
Table IV‐2: Park Construction Fee per Residential Unit
Units in Structure Park Acres per
Unit
Construction Cost
per Acre Fee per Unit
1 (single‐family residential unit) 0.01035 $981,250 $10,156
2 to 4 (duplex to four‐plex) 0.00894 $981,250 $ 8,772
5 to 19 0.00759 $981,250 $ 7,448
20 to 49 0.00612 $981,250 $ 6,005
50 or more 0.00534 $981,250 $ 5,240
Mobile home 0.00795 $981,250 $ 7,801
Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Group 4 Architecture, Research +
Planning Inc.; Municipal Resource Group LLC
The City may adopt Park Construction Fees under the Mitigation Fee Act for
residential development projects that are equal to, or below the amounts identified in Table
IV‐2.
The City will incur costs to administer the fee program and to prepare the
compliance analyses and reports required by the Mitigation Fee Act. The compliance
requirements are identified in Chapter VII of this Report. The City may add an
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administration cost factor to cover the cost of administering the programs and the cost of
compliance with statutory requirements.
CALCULATION OF THE PARK ACREAGE TO BE IMPROVED FOR COMMERCIAL
DEVELOPMENT PROJECTS
The South San Francisco General Plan establishes a standard of 0.5 acres per one‐
thousand new employees in the City. The East of 101 Area Plan reaffirms this goal and
standard for that particular commercial area.
Fees on commercial projects are typically applied per one‐thousand square feet of
building space. The number of employees per one‐thousand square feet of building space
varies among commercial uses. The South San Francisco General Plan provides the data for
the number of employees per one‐thousand square feet of building space, as cited in Table
IV‐3, below.
Table IV‐3 calculates the park land acreage required to be improved per one‐
thousand square feet of new commercial building space by multiplying the employees per
one‐thousand square feet by the acreage required per employee (0.5 acres per one‐
thousand employees is equal to .0005 acres per employee).
Table IV‐3: Park Acres to be Improved per One‐thousand Square Feet of Commercial Space
Classification Employees per
1,000 Square Feet
Park Acres Required
per Employee
Acres to be Improved
per 1,000 Square Feet
Commercial/Retail 2.50 .0005 acres .00125 acres
Hotel/Visitor 2.38 .0005 acres .00119 acres
Office/R&D 2.22.0005 acres .00111 acres
Industrial 1.05 .0005 acres .00052 acres
Source: City of South San Francisco General Plan Land Use Element, page 55; Park + Recreation
Master Plan; Municipal Resource Group LLC
CALCULATION OF THE COMMERCIAL FEE
The park construction fee is based on the amount of land required to be improved
(Table IV‐3) and the cost of constructing park facilities and improvements. As discussed
above, hard construction costs and soft costs are estimated at $981,250 per acre.
Table IV‐4 calculates the fee per one‐thousand square feet of commercial space by
multiplying the required acres per unit (from Table IV‐3) by the $981,250 construction cost
per acre.
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Table IV‐4: Park Construction Fee per One‐thousand Square Feet of Commercial Space
Classification Park Acres per 1,000
Square Feet
Construction Cost
per Acre
Fee per 1,000 Square
Feet
Commercial/Retail .00125 acres $981,250 $1,227
Hotel/Visitor .00119 acres $981,250 $1,168
Office/R&D .00111 acres $981,250 $1,090
Industrial .00052 acres $981,250 $ 514
Source: City of South San Francisco General Plan Land Use Element, page 55; Park + Recreation
Master Plan; Architecture, Research + Planning Inc.; Municipal Resource Group LLC
The City may adopt Park Construction Fees under the Mitigation Fee Act for
commercial development projects that are equal to, or below the amounts identified in
Table IV‐4.
AB 1600 NEXUS
The Mitigation Fee Act (AB 1600) requires a local agency considering an action
establishing, increasing or imposing a fee to address the following procedural requirements.
1. Identify the purpose of the fee.
The purpose of the Park Construction Fee is to provide funding to achieve the City’s
goal of maintaining park service levels and to provide adequate recreational
services for South San Francisco residents and employees, as established in the
General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan.
2. Identify the use to which the fee is to be put.
The proceeds from the fees will be used to construct park facilities and
improvements on three acres of park land per one‐thousand future residents and
0.5 acres per one‐thousand new employees, as identified in the City’s General Plan,
the Parks + Recreation Master Plan and the East of 101 Area Plan.
3. Determine the relationship between the fee's use and the type of development project
on which the fee is imposed.
The fee will be applied to residential development projects and commercial
development projects. New residents in residential developments and new
employees will place an additional demand on park and recreational facilities. The
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
30
park facilities and improvements constructed with the proceeds of the fee will
address and mitigate the additional impacts and demands created by these
residential and commercial development projects.
4. Determine the relationship between the need for the community facility and the type of
development project on which the fee is imposed.
The fee will be applied to residential development projects and commercial
development projects, which generate new residents and employees in the
community. The park facilities and improvements will serve the needs of new
residents in residential development projects and new employees in commercial
development projects.
5. Determine the relationship between the amount of the fee and the cost of the
community facility or portion of the community facility attributable to the
development on which the fee is imposed.
The fee has been calculated by apportioning the cost of constructing park facilities
and improvements to the number of residents generated by each type of new
residential unit and the number of employees per one‐thousand square feet in
commercial development projects.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
31
V. PARK ACQUISITION AND PARK CONSTRUCTION FEES SUMMARY
______________________________________________________________________________
Table V‐1 presents the proposed Park Land Acquisition Fees (Quimby Act and
Mitigation Fee Act) and the Park Construction Fees for residential units. The City may adopt
fees equal to, or below the amounts identified in Table V‐1.
Table V‐1: Total Park Fees per Residential Unit
Units in Structure Park Land
Acquisition Fee
Park
Construction Fee Total Park Fees
1 (single‐family residential unit) $31,050 $10,156 $41,206
2 to 4 (duplex to four‐plex) $26,820 $ 8,772 $35,592
5 to 19 $22,770 $ 7,448 $30,218
20 to 49 $18,360 $ 6,005 $24,365
50 or more $16,020 $ 5,240 $21,260
Mobile home $23, 850 $ 7,801 $31,651
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4
Architecture + Planning Inc.; Municipal Resource Group LLC
Table V‐2 presents the proposed Park Land Acquisition Fees and the Park
Construction Fees for commercial developments. The City may adopt fees equal to, or
below the amounts identified in Table V‐2.
Table V‐2: Total Park Fees per One‐thousand Square Feet of Commercial Space
Classification Park Land Acquisition
Fee
Park Construction
Fee
Total Park
Fees
Commercial/Retail $3,750 $1,227 $4,977
Hotel/Visitor $3,571 $1,168 $4,739
Office/R&D $3,333 $1,090 $4,423
Industrial $1,571 $ 514 $2,085
Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States
Census Bureau, 2014 American Fact Finder, Table 25124; Dana Property Analysis; Group 4
Architecture + Planning Inc.; Municipal Resource Group LLC
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
32
VI. ANNUAL FEE ADJUSTMENT
______________________________________________________________________________
One of the challenges in administering a mitigation fee program is that the cost of
land and the cost of construction may continue to change over time, while the fees remain
static, unless reviewed annually by the public agency. Many public agencies address this by
including an annual fee adjustment in the resolution adopting the fees.
LAND VALUE ADJUSTMENT
Several different methods can be used to adjust park land values and park land
acquisition fees. Some agencies conduct an annual market valuation of land and apply the
percentage change in land costs to the fees. Others conduct an Assessor's Office records
research for recent land sales, as compared to prior year land sales. Still others use
publicized indices, such as a consumer price index or the Data Quick Information Systems’
change in median purchase prices.
This Report recommends the use of the U.S. Bureau of Labor Statistics Consumer
Price Index, All Urban Consumers, San Francisco‐Oakland‐San Jose (AUC‐CPI) for an annual
adjustment. It is recommended that the Quimby Act In‐lieu Fees and the Mitigation Fee Act
Park Land Acquisition Fees be adjusted annually by the AUC‐CPI
It is also recommended that a market valuation of land be prepared every five years
to validate and adjust the Quimby Act In‐Lieu Fees and the Mitigation Fee Act Park Land
Acquisition Fees.
CONSTRUCTION COST ADJUSTMENT
Several different methods can be used to adjust construction costs and Park
Construction Fees. This Report recommends that the fees be adjusted by the Engineering
News Record ‐ Construction Cost Index (ENR‐CCI) on an annual basis. The ENR‐CCI is a
twenty‐city average of construction labor and materials costs. The ENR‐CCI is similar to a
consumer price index, but one that is designed to reflect changing construction costs.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
33
VII. COMPLIANCE REQUIREMENTS
______________________________________________________________________________
The City of South San Francisco may add a factor to the fees to cover the cost of
compliance with applicable statutes. The compliance requirements are summarized in this
Chapter.
THE MITIGATION FEE ACT
The Mitigation Fee Act imposes certain administrative requirements on local
agencies. Pursuant to Government Code Section 66005(a) of the Act, a City is authorized to
recover the full cost of providing services that are funded by the mitigation fees. This
includes recovery of administrative fees incurred in compliance with the Act. The
procedural and administrative requirements include the following:
1. Analysis required to enact or modify a fee:
In any action establishing, increasing, or imposing a fee as a condition of approval of
a development project, the City shall cause a report to be prepared and make findings as
follows:
Identify the purpose of the fee.
Identify the use to which the fee is to be put.
Determine how there is a reasonable relationship between the fee's use and the type
of development project on which the fee is imposed.
Determine how there is a reasonable relationship between the need for the public
facility and the type of development project on which the fee is imposed.
Determine how there is a reasonable relationship between the amount of the fee
and the cost of the public facility or portion of the public facility attributable to the
development on which the fee is imposed.
2. Notice and conduct a public hearing:
Prior to adopting an ordinance, resolution, or other legislative enactment adopting a
new fee or approving an increase in an existing fee, the City shall hold a public hearing, at
which time oral or written presentations can be made, as part of a regularly scheduled
meeting. Notice of the time and place of the meeting, including a general explanation of the
matter to be considered, shall be published.
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
34
3. Accounting requirements
The City shall deposit the fees in a separate capital facilities account or fund in a
manner to avoid any commingling of the fees with other revenues and funds of the City, and
expend those fees solely for the purpose for which the fee is collected. Any interest income
earned by money in the capital facilities account or fund shall also be deposited in that
account or fund and shall be expended only for the purpose for which the fee was originally
collected.
4. Annual reporting requirements; public hearing
For each separate account or fund established, the City shall, within 180 days after
the last day of each fiscal year, make available to the public the following information for the
fiscal year:
A brief description of the type of fee in the account or fund.
The amount of the fee.
The beginning and ending balance of the account or fund, the amount of the fees
collected and the interest earned.
An identification of each public improvement on which fees were expended and the
amount of the expenditures on each improvement, including the total percentage of
the cost of the public improvement that was funded with fees.
An identification of an approximate date by which the construction of the public
improvement will commence if it is determined that sufficient funds have been
collected to complete financing on an incomplete public improvement.
A description of each interfund transfer or loan made from the account or fund,
including the public improvement on which the transferred or loaned fees will be
expended, and, in the case of an interfund loan, the date on which the loan will be
repaid, and the rate of interest that the account or fund will receive on the loan.
The amount of refunds made.
The City shall review this information at the next regularly scheduled public
meeting not less than 15 days after this information is made available to the public. Notice
of the time and place of the meeting, including the address where this information may be
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
35
reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who
files a written request with the local agency for mailed notice of the meeting.
5. Five year reporting requirements; public hearing
For the fifth fiscal year following the first receipt of fees, and every five years
thereafter, the City shall make all of the following findings with respect to that portion of the
account or fund remaining unexpended, whether committed or uncommitted:
Identify the purpose to which the fee is to be put.
Demonstrate a reasonable relationship between the fee and the purpose for which it
is charged.
Identify all sources and amounts of funding anticipated to complete financing for
incomplete improvements.
Designate the approximate dates on which the funding referred to above is expected
to be deposited into the appropriate account or fund.
For purposes of these findings, the City shall hold a public hearing, at which oral or
written presentations can be made, as part of a regularly scheduled meeting. Notice
of the time and place of the meeting, including a general explanation of the matter to
be considered, shall be published.
CAPITAL IMPROVEMENT PLANNING
The Mitigation Fee Act provides that the City may adopt a capital improvement plan
to identify the location, size, time of availability, and estimates of cost for all facilities or
improvements to be financed with the fees. The capital improvement plan shall be adopted
by, and shall be annually updated by a resolution of the City Council adopted at a noticed
public hearing. Notice of the time and place of the meeting, including a general explanation
of the matter to be considered, shall be published. In addition, mailed notice shall be given
to any city or county which may be significantly affected by the capital improvement plan.
THE QUIMBY ACT
In addition to the analysis, notice, hearing, accounting and reporting requirements
of the Mitigation Fee Act, the Quimby Act (as codified in the California Government Code,
beginning with Section 66477) adds additional requirements that must be addressed by the
City. The City must adopt an ordinance meeting the following requirements:
Quimby Act and Mitigation Fee Act Report March 2016
Park Land Acquisition and Park Construction Fees
36
The ordinance must be in effect for 30 days prior to the filing of a tentative map for a
subdivision subject to the dedication or in‐lieu fee requirement.
The ordinance must include definite standards for determining the proportion of a
subdivision to be dedicated and the amount of the in‐lieu fee. The amount of land to
be dedicated and the fee must be based upon the density of each residential type.
The park area per one‐thousand residents must be derived from the ratio that the
existing amount of park area bears to the existing population. A minimum ratio of
three acres per one‐thousand residents is permitted where the existing ratio is less
than three acres per one‐thousand residents.
The City must also assure that the following conditions are met:
The dedicated land, and the fees, may only be used for developing new parks or
rehabilitating existing parks.
The City must have an adopted general plan or specific plan containing policies and
standards, and the park and recreational facilities must be in accordance with
definite principles and standards.
The amount and location of land to be dedicated and the fees to be paid must bear a
reasonable relationship to the use of the park and recreational facilities for the
future inhabitants of the subdivision.
A schedule must be developed specifying how, when, and where the City will use the
land or fees to develop park and recreational facilities.
Fees collected must be committed within five years of payment, or the issuance of
one‐half of the lots created by the subdivision, whichever occurs later.
If the fees are not committed within the applicable time frames, they must be
distributed to the then owners of record.
g:\15463-01 ssf park fees update\m-memos\m21 clt\m002-3 costs 18.docx
MEMORANDUM GROUP 4
ARCHITECTURE
RESEARCH +
PLANNING, INC
211 LINDEN AVENUE
SO. SAN FRANCISCO
CA 94080 USA
T:6508710709
F:6508717911
www.g4arch.com
JONATHAN HARTMAN
ARCHITECT
DAWN E. MERKES
ARCHITECT
DAVID SCHNEE
ARCHITECT
JILL EYRES
ARCHITECT
ANDREA GIFFORD
ARCHITECT
WILLIAM LIM
ARCHITECT
2 October 2015
Tom Sinclair
MUNICIPAL RESOURCE GROUP
675 Hartz Avenue, Suite 300
Danville CA 95602
PROJECT
SOUTH SAN FRANCISCO PARK DEVELOPMENT IMPACT FEES UPDATE
SENT VIA
E-Mail:
TOPIC
PARK CONSTRUCTION BUDGETS
This memorandum describes the methodology and recommendation for capital budgeting
for future park construction as part of Municipal Resource Group’s park development
impact fee update study for the City of South San Francisco.
RECOMMENDATION
We are recommending a budget of approximately $18 per square foot, or approximately
$785,000 per acre for park construction. As discussed in more detail below, these
numbers are for construction only, and do not include soft costs.
METHODOLOGY
Scope of Park Construction
This study considers only future parks in South San Francisco; operations and
maintenance costs for current and future parks are ineligible. The City’s 2015 Parks +
Recreation Master Plan identified specific future park needs. Of these proposed projects,
the only one with any level of documented planning is the proposed expansion of Orange
Memorial Park, which is described in the 2007 Orange Memorial Park Master Plan
Update. To date, no formal planning has been done for the other projects proposed in the
City’s 2015 Parks + Recreation Master Plan.
On July 31, 2015, I met with Sharon Ranals and Samantha Haimovitch of the City’s
Parks and Recreation Department to review potential development strategies for future
parks. The purpose was not to develop a specific construction scope for each park, but to
discuss the types of activities that these parks should support and the associated amenities
that would be needed to support those activities.
Based on this discussion, the following projects were selected as generally representative
of the level/intensity of development that South San Francisco anticipates for future
parks. These parks and their general scope of amenities/ improvements served as the
foundation of the construction budget for future parks.
2 October 2015 Tom Sinclair Memorandum Page 2
Sample Parks Used for Cost Model Park Type Acres
1. Orange Memorial Park Expansion community park 7.6
2. El Camino Real/Chestnut Avenue Park community park 9.1
3. Downtown Park neighborhood park 2.0
4. East of 101 Park neighborhood park 2.0
5. Sunshine Gardens Elementary playlot
(on SSFUSD property)
0.5
6. Linden & Armour Park mini park 0.3
7. Miller Avenue Playlot playlot/mini park 0.4
8. Railroad Avenue Linear Park linear park 7.5
9. Lindenville Linear Park linear park 1.6
10. PG&E Corridor Park linear park 4.0
11. SFPUC/Elkwood Linear Park linear park 0.4
Total Acres Used in Analysis 35.4
Park Construction Cost Model
Costs for park construction were generally developed on a per-unit basis. Reference
materials included City-provided data on recent park construction projects (such as the
2014-2015 improvements at Buri Buri Park, Clay Avenue Playground, Francisco Terrace
Playlot, and Winston Manor #1 Park); anticipated construction costs for development of
Brentwood Park (currently in design); and the anticipated costs for projects identified in
the 2015 South San Francisco Parks Deferred Maintenance Assessment. These unit costs
were adjusted as needed to include contractor overhead and profit and for escalation to
2015 as appropriate. For perspective, we also connected with some of the landscape
consultants with whom we work regularly to review the trends they’re seeing in park
construction costs in the Bay Area and Northern California.
The amenities planned for selected future parks were quantified and totaled, and the unit
costs were applied to each, as follows:
Amenity
Quantity
Cost/
Cost Range
Extended
Cost
Diamond fields 2 fields $275,000/each $550,000
Soccer/rectangular fields (including lights) 2 fields $310,000/each $620,000
Basketball/hard courts 1 court $55,000/each $55,000
BBQ area 3 areas $80,000/each $240,000
Play equipment (including base/footing, etc.) 8 structures $350,000/each $2,100,000
Small park building (e.g., restroom, concessions) 5 buildings $200,000/each $1,000,000
Site demolition/preparation ~950,000 SF $4-$5/SF $3,990,000
Site equipment – benches, water fountains, etc. ~950,000 SF $0.5-$1/SF $670,000
Hardscape – parking, walkways, plazas, etc. ~110,000 SF $10-$25/SF $1,590,000
Landscaping (including irrigation, drainage, etc.) ~550,000 SF $4-10/SF $2,120,000
Linear park (inclusive of all developments) ~590,000 SF $15/SF $8,850,000
Subtotal $21,400,000
Design contingency* 15% $3,210,000
Construction contingency** 10% $2,140,000
Construction Budget for 11 sample parks ~$16/SF $26,750,000
* design contingency to allow for development of the program and design at individual future parks
** construction contingency to accommodate unforeseen issues/changes during construction
2 October 2015 Tom Sinclair Memorandum Page 3
The budget model also includes an allowance of $4.5 million for improvements at the
Terra Bay, Sign Hill, and Skyline open space amenities proposed in the 2015 Parks +
Recreation Master Plan, which represents approximately $2 per square foot in addition
to the per-square-foot construction budget for parks.
Together, the total amount represents an estimate of what these future parks and open
space projects would cost to build today. Dividing the total construction cost by the
combined total park development area resulted in the recommended construction cost per
square foot and per acre.
DISCUSSION
These estimates are for construction only. They include allowances for general
conditions, contractor overhead and profit, and design and construction contingencies.
They do not include design fees or other soft costs (which could be budgeted at 20%-30%
of construction), escalation beyond 2015, land acquisition, surveying, geotechnical
services, hazardous materials abatement, project management services, construction
management services, etc.
The absence of detailed scope for most of the proposed future park projects is a factor in
this methodology. In some cases, land for the proposed future parks has not yet been
identified or acquired. The contingencies we have built into this cost model should
accommodate minor variations in project size and development scope as the City moves
forward with individual projects.
Please do not hesitate to contact us to discuss our methodology.
Jill Eyres
Associate
JE/s
Short Form Services Agreement
[Rev:2.13.2014]
3
SOUTH SAN FRANCISCO SERVICES AGREEMENT
This Services Agreement (this “Agreement”) is made and entered into between the City of South
San Francisco, a municipal corporation (“City”) and Resolve Insurance Systems, LLC, a California limited
liability company, located at 864 Grand Ave. #528 San Diego, CA 92109 (“Consultant”) effective as of April
26, 2016(the “Effective Date”). City and Consultantare hereinafter collectively referred to as (the
“Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows:
1.Scope of Work. Consultantshall provide the following services and/or materials (“the
Work”):RIS reviews and analyzes medical service providers’ accounts receivables related to patient care and helps
facilitates insurance payments for its clients that identify expedient recovery methods for those accounts receivables,
as more specifically described in the Scope of Services, attached hereto as Exhibit A.The Work shall
commence on May 1, 2016and shall be completed to the satisfaction of the City by April 30, 2018unless
such date is extended or otherwise modified by the City in writing.In the event of a conflict or
inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main
body of this Agreement shall prevail.
2.Payment. City shall pay Consultantan amount not to exceed30% for the full and
satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The
calculation of payment for the Work shall be set forth as follows: 30% of the total amount recovered per
month.The amount stated aboveis the entire compensation payable to Consultantfor the Work
performed hereunder, including alllabor, materials, tools and equipment furnished by Consultant.
City shall make payments, based on invoices received, for Worksatisfactorily performed. City
shall have fifteen(15) days fromthe receipt of an invoiceto pay Consultant.
3.Independent Consultant. It is understood and agreed that this Agreement is not a contract
of employment and does not create an employer-employee relationship between the City and Consultant.
At all times Consultantshall be an independent Consultantand City shall not control the manner of
Consultantaccomplishing the Work. Consultantis not authorized to bind the City to any contracts or
other obligations without the express written consent of the City.
4.Indemnification. To the fullest extent permitted by law, Consultantshall indemnify,
defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed
officers, officials, employees, agents, Consultants and consultants (collectively, the “City Indemnitees”)
from and against any and all liability, loss, damage, claims, expenses and costs (including, without
limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of
or in connection with Consultant’s performance of the Work or Consultant’s failure to comply with this
Agreement, except such Liability caused by the grossnegligence or willful misconduct of the City
Indemnitees.
5.Insurance. Prior to beginning the Work and continuing throughout the term of this
Agreement, Consultant(and any sub-consultants) shall, at Consultant’s (or sub-consultant’s) sole cost and
expense, furnish the City with certificates of insurance evidencing that Consultanthas obtained and
maintains insurance in the following amounts:
A. Workers’ Compensationthat satisfies the minimum statutory limits.
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.
Short Form Services Agreement
[Rev:2.13.2014]
4
C.Contractor will not be using an automobileas part of the scope of services;therefore
comprehensive automobile insurance is not required.
D. Professional Liability Insurance inan amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals’ errors and omissions.
All insurance policies shall be written on an occurrence basis and shall name the City
Indemnitees as additional insuredswith any City insurance shall besecondary andin excess to
Consultant’s insurance. If the Consultant’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
serveto 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.
6.Compliance with all Applicable Laws; Nondiscrimination. Consultantshall comply with
all applicable local, state and federal laws, regulations and ordinances in the performance of this
Agreement. Consultantshall not discriminate in the provision of service or in the employment of persons
engaged in the performance of this Agreement on account of race, color, national origin, ancestry,
religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any
applicable local, state or federal laws or regulations.
7.Termination. City may terminate or suspend this Agreement at any time and without
cause upon written notification to Consultant. Upon receiptof notice of termination or suspension,
Consultantshall immediately stop all work in progress underthis Agreement. The City's right of
termination shall be in addition to all other remedies available under law to the City.
8.Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not
less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the
state where the work hereby contemplates to be performed as determined by the Director of Industrial
Relations pursuant to the Director’s authority under Labor Code Section 1770,et seq. Each laborer,
worker or mechanic employed by Consultantor by any subcontractorshall receive the wages herein
provided for. The Consultantshall pay two hundreddollars ($200), or whatever amount may be set by
Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing
rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid
to each worker shall be paid by the Consultantto each worker.
An error on the part of an awarding body does not relieve the Consultantfrom responsibility for payment
of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775.The
City will not recognize any claim for additional compensation because of the payment by the Consultant
for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases isone of
the elements to be considered by the Consultant.
(A)Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
Short Form Services Agreement
[Rev:2.13.2014]
5
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultantshall
post atappropriate conspicuous points at the site of the project a schedule showing all determined
prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the
project under this contract and all deductions, if any, required by law to be made from unpaid wages
actually earned by the laborers and mechanics so engaged.
9.Tax Withholding. Consultantrepresents and warrantsthat Consultantis a resident of the
State of California in accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Consultantaccepts sole responsible for verifying the
residency status of any Consultants and withhold taxes from non-California Consultantsas required by
law.
10.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
11.Entire Agreement. This Agreementrepresents the entire and integrated agreement
between the Parties. This Agreement may be modified or amended only by a subsequent written
agreement signed by both Parties.
12.Non-Liabilityof Officials, Employees and Agents. No officer, official, employee or
agent of City shall be personally liable to Consultantin the event of any default or breach by City or for
any amount which may become due to Consultantpursuant to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.
CITY:CONSULTANT:
By: _____________________________By:__________________________
City Manager
Print Name:___________________
Title: _______________________
APPROVED AS TO FORM:
____________________________
City Attorney
2051689.3
Short Form Services Agreement
[Rev:2.13.2014]
6
EXHIBITA
SCOPE OF SERVICES
1.1 Services. Subject to the terms and conditions provided for herein,
(a)RIS, in consideration of the Contract Price (as defined in Section 2.1) agrees to review and analyze
accounts receivablerelated to patient care rendered by Client to others and provide Client with a report identifying/
facilitating expedient recovery methods for those accounts receivable (collectively, “Services”), and
(b)Client agrees to pay for Services as set forth in Section 2.1.
1.2 Personnel. All personnel assigned by RIS to perform Services will be RIS employees or agents and RIS
will pay all salaries and expenses of, and all federal, social security, federal and state unemployment taxes, and any
other payroll or witholdingtaxes relating to, or any other compensation for, such employees or agents. RIS will be
considered, for all purposes, an independent Consultant, and it will not, directly or indirectly, act as an agent, servant
or employee of Client, or make any commitments or incur any liabilities on behalf of Client without its prior written
consent.
7
HIPAA Agreement
Business Associate Contract
South San Francisco Fire Department
Business Associate Contract
This Agreement (the “Agreement”) is made as of December 10, 2014(the “Effective Date”) by
andbetween Resolve Insurance Systems (“RIS”), located at 864 Grand Ave. #528 San Diego,
CA 92109; and South San Francisco F.D.(Customer), located at 480 North Canal Street
South San Francisco, CA 94080; and defines the terms and conditions pursuant to a Business
Associate Contract as required by the Privacy Rule, 45 CFR Parts 160 and 164, of the
Health Insurance Portability and Accountability Act of 1996.
Background
WHEREAS, RIS is in the business ofreviewing and analyzing medical service providers’
accounts receivables related to patient care in order to facilitate insurance payments for its
clients. In the normal course of review and analyzing of said accounts receivables will, from time
to time, have access to protected health information, and WHEREAS, Customer is in the
business of providing ambulance services, has agreed to the consulting services of RIS, and
acknowledges RIS’s need for occasional access to protected health information in the furtherance
of its consulting activities.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and
agreements contained herein, and intending to be legally bound hereby, the parties hereto agree
as follows:
Agreement
1. Definitions
Terms used, but not otherwise defined, in this Agreement shall have the same meaning as
those terms in 45 CFR §§ 160.103 and 164.501.
Business Associate. "Business Associate" shall mean Resolve Insurance Systems.
Covered Entity. "Covered Entity" shall mean South San Francisco F.D.
Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §
164.501 and shall include a person who qualifies as a personal representative in accordance
with 45 CFR § 164.502(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.
8
Protected Health Information. "Protected Health Information" shall have the same meaning as
the term"protected health information" in 45 CFR § 164.501, limited to the information
created or received by Business Associate from or on behalf of Covered Entity.
Required By Law. "Required By Law" shall have the same meaning as the term "required by
law" in 45 CFR § 164.501.
Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human
Services or his designee.
2. Obligations and Activities of Business Associate
2.1. RIS agrees to not use or further disclose Protected Health Information other than as
permitted or required by the Agreement or as Required By Law.
2.2. RIS agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
2.3. RIS agrees to mitigate, to the extent practicable, any harmful effect that is known to
RIS of a use or disclosure of Protected Health Information by RIS in violation of
the requirements of this Agreement.
2.4. RIS agrees to report to Customer any use or disclosure of the Protected Health
Information not provided for by this Agreement.
2.5. RIS agrees to ensure that any agent, including a subcontractor, to whom it provides
Protected Health Information received from Customer, or created by RIS on behalf
of Customer, agrees to the same restrictions and conditions that apply through this
Agreement to RIS with respect to such information.
2.6. RIS 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 RIS on behalf of
Customer, available to Customer, or at the request of the Customer to the Secretary, in a time
and manner designated by the Customer or the Secretary, for purposes of the Secretary
determiningCustomer’s compliance with the Privacy Rule.
2.7. RIS agrees to document such disclosures of Protected Health Information and information
related to such disclosures as would be required for Customer to respond to
a request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR § 164.528.
2.8. RIS agrees to provide to Customer or an Individual, in time and manner designated
by Customer, information collected in accordance with Section 2.7 of this Agreement, to permit
Customer to respond to a request by an Individual for an accounting of disclosures of Protected
Health Information in accordance with 45 CFR § 164.528.
2.9 RIS agrees to comply with the requirements of the Privacy Rule that applies to Customer
when it carries out any of Customer’s obligations under HIPAA Privacy Rule.
9
3. Permitted Uses and Disclosures by Business Associate
3.1. Except as otherwise limited in this Agreement, RIS may use or disclose Protected
Health Information on behalf of, orto provide services to, Customer for the purpose of
review and analyzing of their accounts receivables, if such use or disclosure of Protected Health
Information would not violate the Privacy Rule if done by Customer.
3.2. Except as otherwise limited in this Agreement, RIS may disclose Protected Health
Information, provided that disclosures are required by law, or RIS obtains reasonable assurances
from the person to whom the information is disclosed that it will remain confidential and used or
further disclosed only as required by law or for the purpose for which it was disclosed to the
person, and the person notifies RIS of any instances of which it is aware in which the
confidentiality of the information has been breached.
4. Obligations of Covered Entity
4.1. Customer shall provide RIS with the notice of privacy practices that Customer
produces in accordance with 45 CFR § 164.520, as well as any changes to such notice.
4.2. Customer shall provide RIS with any changes in, or revocation of, permission by
Individual to use or disclose Protected Health Information, if such changes affect
RIS’s permitted or required uses and disclosures.
4.3. Customer shall notify RIS of any restriction to the use or disclosure of Protected
Health Information that Covered Entity has agreed to in accordance with 45 CFR §
164.522.
5. Permissible Requests by Covered Entity
Customer shall not request RIS to use or disclose Protected Health Information in any
mannerthat would not be permissible under the Privacy Rule if done by Customer.
6. Term and Termination
6.1. Term. The Term of this Agreement shall be effective as of Effective Date, and shall terminate
when all of the Protected Health Information provided by Customer to RIS, or created or received
by RIS on behalf of Customer, is destroyed or returned to Customer, or, if it is infeasible to return
or destroy Protected Health Information, protections are extended to such information, in
accordance with the termination provisions in this Section.
6.2. Termination for Cause. Upon knowledge of a material breach by RIS, Customer shall provide
an opportunity for RIS to cure the breach or end the violation and terminate this Agreement and
any related Agreement. If RISdoes not cure the breach or end the violation within the time
10
specified by Customer, or immediately terminate this Agreement and any related Agreement, or if
RIS has breached a material term of this Agreement and cure is not possible.
6.3. Effect of Termination. Except as provided in paragraph (2) of this section, upon termination of
this Agreement, for any reason, RIS shall return or destroy all Protected Health Information
received from Customer, or created or received by RIS on behalf of Customer. This provision also
shall apply to Protected Health Information that is in the possession of subcontractors or agents
of RIS. RIS shall retain no copies of the Protected Health Information. In the event that RIS
determines that returning or destroying the Protected Health Information is infeasible, RIS shall
provide to Customer, 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, RIS shall extend the protections of this 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 RIS maintains such
Protected Health Information.
7. Other Terms
7.1. Amendment. The Parties agree to take such action as is necessary to amend this Agreement
from time to time as is necessary for Customer to comply with the requirements of the Privacy
Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191.
7.2. Survival. The respective rights and obligations of RIS under Section 6.3 of this Agreement
shall survive the termination of this Agreement.
7.3. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning
that permits Customer to comply with the Privacy Rule.
8. Entire agreement
This Agreement contains all of the agreements and understandings between the parties with
respect to the subject matter hereof. No agreement or other understanding in any way modifying
the terms hereof will be binding unless made in writing as a modification or amendment to this
Agreement and executed by both parties.
IN WITNESS WHEREOF, South San Francisco F.D.and Resolve Insurance Systems agree to
and intend to be legally bound by all terms and conditions set forth above and hereby execute
this Agreement as of the effective date above written.
Signatures on following page.
11
Resolve Insurance SystemsLLC: SouthSan Francisco F.D.:
______________________________ ______________________________
Printed Name Printed Name
______________________________ ______________________________
Title Title
______________________________ ______________________________
Signature Signature
April 27, 2016 –Regular City Council Meeting
$190,100 in annual energy cost savings
versus the previous HPS lights
1.3 million kilowatt hours of energy saved
annually
677,600 pounds of CO2 reduction from
atmosphere annually
Reduced maintenance
30 Responses
16 -Preferred Test Light A 3 -Preferred Test Light D
11 Responses –non definitive
Type IV
Street Light Distribution Pattern
Type II
Street Light Distribution Pattern
“The streetlights do not light the street as well as the previous streetlights.” (Streets less safe)
◦A review of traffic accidents from the year before and year after the LED streetlight installation indicates a decrease in the number of night time accidents.
“The streetlights only shine on the street and do not light up the surrounding neighborhood like the previous streetlights.” (Neighborhoods less safe)
◦A review of residential burglaries from the year before and year after the LED streetlight installation indicates a decrease in the number of residential night time burglaries.
Street lighting is designed to aid vehicle and
pedestrian movements within the roadway
•Street lighting is not designed to provide
safety and security on private properties
outside of the right-of-way.
“Intheabsenceofastatutoryorcharterprovisiontothe
contrary,itisgenerallyheldthatamunicipalityisunderno
dutytolightitsstreetseventhoughitisgiventhepowerto
doso,andhence,thatitsfailuretolightthemisnot
actionablenegligence,andwillnotrenderitliablein
damagestoatravelerwhoisinjuredsolelybyreason
thereof.”(Ibid.;40Am.Jur.2dHighways,§425,p.126.)
The South San Francisco municipal code
does not require the City to construct or
maintain street lighting.
Replace current fixtures at T-intersections and Cul-de-sacs with Type IV LED fixtures
◦Rounder distribution is suitable for these installations
◦By request and with evaluation
Replace current fixtures with brighter lights
◦Approximate Cost $1.2 Million –$350/ fixture
Add Additional Lights
◦Approximate Cost –$3.2 Million -$1,600 / fixture
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of South San Francisco
400 Grand Ave
South San Francisco, CA 94080
Attention: City Manager
______________________________________________________________________________
APNs: 012-311-230, 240, 250 and 260 (Space Above This Line Reserved For Recorder’s Use)
This instrument is exempt from recording fees pursuant to Government Code section 27383.
Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922,
DEVELOPMENTAGREEMENT
BY AND BETWEEN
CITY OF SOUTH SAN FRANCISCO
AND
ROTARY PLAZA, INC.
300 MILLER AVENUE
SOUTH SAN FRANCISCO, CALIFORNIA
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of ______ ___,
2016 by and between Rotary Plaza Inc., a California corporation (“Developer”), and the City of
South San Francisco (“City”), a municipal corporation, pursuant to California Government Code
sections 65864 et seq. Developer and the City are collectively referred to herein as the “Parties.”
RECITALS
A.To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature of the State
of California enacted California Government Code sections 65864 et seq. (the “Development
Agreements Statute”), which authorizes the City to enter into an agreement with any person
having a legal or equitable interest in real property for the development of such property.
B.Pursuant to Government Code section 65865, City has adopted procedures and
requirements for the consideration of development agreements (South San Francisco Municipal
Code (“SSFMC”) Chapter 19.60). This Agreement has been processed, considered, and executed
in accordance with such procedures and requirements.
C.City is owner of certain real property located at 300 Miller Avenue, South San
Francisco, California, also known as San Mateo Assessor’s Parcel Numbers 012-311-230, 240,
250and 260 (the "Property"), as more particularly described in Exhibit A,attached hereto and
incorporated herein by this reference.
D.City has agreed to sell the Property to Developer, and Developer has agreed to
purchase the Property from the City pursuantto the terms set forth in this Development Agreement
and in that certain Purchase and Sale Agreement and Joint Escrow Instructions between City and
Developer dated _____________, 2016 (the “PSA”).
E.Developer intends to construct on the Property a new five-story mixed-use building
with a total of eighty (80) affordable senior residential units, one (1) manager unit, and one
thousand nine hundred ninety three (1,993) square feet of community space (the “Project”).
F.The housing to be constructed as a part of the Project will consist of thirty-nine (39)
units restricted to very-low income households, forty-one (41) units restricted to moderate-income
households, and one (1) managers unit and all units in the Project, except for the managers unit,
will be restricted to senior households pursuant to an Affordable Housing and Regulatory
Agreement (the “Regulatory Agreement”) to be executed by and between City and Developer,
which will be recorded on the Property concurrently with this Agreement.
G. The total proposed building area is approximately 88,287 square feet. A total of
approximately 39 parking spaces will provide parking for the residential components of the project
and will be located in a parking garage on the Project’s ground floor.
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H.Developer has applied for, and City has granted, the Project Approvals (as defined
in Section 6.12(d)) in order to protect the interests of its citizens in the quality of their community
and environment.
I.City has determined that the Project presents certain public benefits and
opportunities which are advanced by City and Developer entering into this Agreement. This
Agreement will, among other things, (1) reduce uncertainties in planning and provide for the
orderly development of the Project; (2) provide needed residential units for moderate-and
low-income senior households; (3) comply with any required mitigation pursuant to the
Downtown Station Area Specific Plan EIR ; (4) provide for and generate revenues for the City in
the form of one time and annual fees and exactions and other fiscal benefits; and (5) otherwise
achieve the goals and purposes for which the Development Agreement Statute was enacted.
J.In exchange for the benefits to City described in the preceding Recital, together
with the other public benefits that will result from the development of the Project, Developer will
receive by this Agreement assurance that it may proceed with the Project in accordance with the
“Applicable Law” (defined in section 6.3 below), and therefore desires to enter into this
Agreement.
K.The Project is statutorily exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Government Code Section 65457 as a residential development project that
is undertaken to implement and is consistent with the Downtown Station Area Specific Plan
(“DSASP”) and that none of the conditions specified in CEQA Section 21166 or CEQA
Guidelines Section 15162 have occurred. Further, the Project is categorically exempt from CEQA
pursuant to CEQA Guidelines Section 15332 as an infill development project and none of the
exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred.
L.The City Council certified an Environmental Impact Report ("EIR") on January 28,
2015 (State Clearinghouse number 2013102001) in accordance with theprovisions of CEQA and
the CEQA Guidelines, which analyzed the potential environmental impacts of the development of
the DSASP and included a Mitigation Monitoring and Reporting Program (“MMRP”). The City
Council also adopted a Statement of Overriding Considerations ("SOC") on January 28, 2015 in
accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered
each significant and unavoidable impact identified in the DSASP EIR and found that the
significant environmental impacts are acceptable in light of the project's economic, legal, social,
technological and other benefits.
M.The City prepared an Environmental Consistency Analysis for the Project pursuant
to CEQA Guidelines Section 15168(c)(2) and concluded that in accordance withthe requirements
of CEQA Guidelines Section 15162, as a result of the Project, no new effects could occur and no
new mitigation would be required even if the Project was not exempt from CEQA as explained in
Recital K above. The Environmental Consistency Analysis demonstrates that the Project would
not result in any new significant environmental effects or a substantial increase in the severity of
any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified
by City Council.
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N.The Planning Commission recommended that the City Council find that the
Project is statutorily and categorically exempt from CEQA and recommended that the City
Council approve the Environmental Consistency Analysis on _______________,2016 by
Resolution No. [XXXX]-16
O.The City Council found that the Project is statutorily and categorically exempt from
CEQA and approved the Environmental Consistency Analysis on ___________,2016, by
Resolution No. [XXXX]-2016
P.On _________, 2016, following a duly noticed public hearing, the Planning
Commission adopted Resolution No. [XXXX]-2016, making a finding of General Plan
consistency and recommending that the City Council approve this Agreement.
Q.The City Council, after conducting a duly noticed public hearing, foundthat this
Agreement is consistent with the General Plan and Zoning Ordinance and has conducted all
necessary proceedings in accordance with the City’s rules and regulations for the approval of this
Agreement. In accordance with SSFMC section 19.60.120, the City Council, at a duly noticed
public hearing, adopted Ordinance No. [XXXX]-2016, approving and authorizing the execution of
this Agreement.
R.For the reasons recited herein, City and Developer have determined that the Project
is a development for which this Development Agreement is appropriate. This Development
Agreement will eliminate uncertainty regarding Project Approvals, thereby encouraging planning
for, investment in and commitment to develop the Property in a manner beneficial to the City and
surrounding properties. Continued use and development of the Property will in turn provide much
needed affordable housing, and contribute to the provision of needed infrastructure enhancements
and public benefits, thereby achieving the goals and purposes forwhich the Development
Agreement Statute was enacted and ensuring consistency with the City’s General Plan.
S.The terms and conditions of this Development Agreement have undergone
extensive review by City staff, the Planning Commission and the City Council at publicly noticed
meetings and have been found to be fair, just and reasonable and in conformance with the City
General Plan and the Development Agreement Legislation, and, further, the City Council finds
that the economic interests of City’s residents and the public health, safety and welfare will be best
served by entering into this Development Agreement.
AGREEMENT
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code
sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code
and in consideration of the mutual covenants and agreements contained herein, agree as follows:
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ARTICLE 1.DEFINITIONS
1.1“Administrative Project Amendment” has the meaning set forth in Section 7.1 of this
Agreement.
1.2“Administrative Agreement Amendment” has the meaning set forth in Section 7.2 of
this Agreement.
1.3“Agreement” means this Development Agreement.
1.4“Applicable Law” has the meaning set forth in Section 6.3 of this Agreement.
1.5“Assessments” has the meaning set forth in Exhibit C.
1.6“City” means the City of South San Francisco.
1.7“City Law” has the meaning set forth in Section 6.5 of this Agreement.
1.8“Claims” has the meaning set forth in Section 6.10 of this Agreement.
1.9“Deficiencies” has the meaning set forth in Section 9.2 of this Agreement.
1.10“Developer” means Rotary Plaza, Inc.
1.11“Development Agreements Statute” has the meaning set forth in Recital Aof this
Agreement.
1.12“Development Fees” has the meaning set forth in Section 3.2 of this Agreement.
1.13“Effective Date” has the meaning set forth in Section 2.1 of this Agreement.
1.14“Indemnitees” has the meaning set forth in Section 6.10 of this Agreement.
1.15“Judgment” has the meaning set forth in Section 9.2 of this Agreement.
1.16“Parties” means the Developer and City, collectively.
1.17“Periodic Review” has the meaning set forth in Section 10.5 of this Agreement.
1.18“Prevailing Wage Laws” has the meaning set forth in Section 6.10 of this Agreement.
1.19“Project” has the meaning set forth in Recital D of this Agreement.
1.20“Project Approvals” has the meaning set forth in Section 6.12(d) of this Agreement.
1.21“Property” has the meaning set forth in Recital C of this Agreement.
1.22 “Purchase and Sale Agreement and Joint Escrow Instructions Between the City of
South San Francisco and Rotary Plaza , Inc.” or “PSA” is defined as the “Purchase
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and Sale Agreement and Joint Escrow Instructions between the City of South San
Francisco and Rotary Plaza, Inc. dated ______ and approved pursuant to City of South
San Francisco City Council Resolution No. ______.
1.23“Subsequent Approvals” has the meaning set forth in Section 6.12(e) of this Agreement
1.24“Tax” and “Taxes” does not include any generally applicable City Business License Tax
or locally imposed Sales Tax.
1.25“Term” has the meaning set forth in Section 2.2 of this Agreement.
ARTICLE 2.EFFECTIVE DATE AND TERM
2.1Effective Date. This Agreement shall become effective upon the later of the date the
ordinance approving this Agreement becomes effective or the date upon which the
Purchase and Sale Agreement and Joint Escrow Instructions between the City of South
San Francisco and Developer becomes effective. (“Effective Date”).
2.2Term. The term of this Agreement (“Term”) shall commence upon the Effective Date
and continue for a period of ten (10) years.
ARTICLE 3.OBLIGATIONS OF DEVELOPER
3.1Obligations of Developer Generally. The Parties acknowledge and agree that the City’s
agreement to perform and abide by the covenants and obligations of City set forth in this
Agreement is a material consideration for Developer’s agreement to perform and abide by
its long term covenants and obligations, as set forth herein. The parties acknowledge that
many of Developer’s long term obligations set forth in this Agreement are in addition to
Developer’s agreement to perform all the applicable mitigation measures identified in the
Downtown Station Area Specific Plan Environmental Impact Report for the Project
(“DSASP EIR”).
3.2City Fees.
(a)Developer shall pay those processing, inspection and plan checking fees and
charges required by the City for processing applications and requests for
Subsequent Approvals under the applicable non-discriminatory regulations in
effect at the time such applications and requests are submitted to the City.
(b)Consistent with the terms of the Agreement, City shall have the right to impose
only such development fees (“Development Fees”) as have been adopted by
City as of the Effective Date of this Agreement, or as towhich City has initiated
formal studies and proposals pursuant to City Council action, and which are
identified in Exhibit C. This shall not prohibit City from imposing on
Developer any fee or obligation that is imposed by a regional agency in
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accordancewith state or federal obligations and required to be implemented by
City. Development Fees shall be due upon issuance of building permits or
certificates of occupancy for the Project, as may be required under the adopting
ordinance for such Development Fees, except as otherwise provided under the
Agreement or the Project Approvals.
3.3Mitigation Measures. Developer shall comply with the Mitigation Measures identified and
approved in the DSASP EIR, in accordance with the California Environmental Quality
Act (“CEQA”) or other law.
3.4Compliance with Terms of the Purchase and Sale Agreement. Developer shall comply
with all terms of the Purchase and Sale Agreement and Joint Escrow Instructions entered
into between Developer and the City of South San Francisco and approved by City of
South San Francisco City Council Resolution No ___________. A material default by
Developer under the PSA shall be a material default under this Agreement. In the event
the PSA is terminated under its terms prior to the transfer of real property to the
Developer, this Agreement shall terminate and have no further force or effect.
ARTICLE 4.OBLIGATIONS OF CITY
4.1Obligations of City Generally. The parties acknowledge and agree that Developer’s
agreement to perform and abide by its covenants and obligations set forth in this
Agreement, including Developer’s decision to process the siting of the Project in the City,
is a material consideration for City’s agreement to perform and abide by the long term
covenants and obligations of City, as set forth herein.
4.2Protection of Vested Rights. To the maximum extent permitted by law, City shall take any
and all actions as may be necessary or appropriate to ensure that the vested rights provided
by this Agreement can be enjoyed by Developer and to prevent any City Law, as defined
above, from invalidating or prevailing over all or any part of this Agreement. City shall
cooperate with Developer and shall undertake such actions as may be necessary to ensure
this Agreement remains in full force and effect. Except as authorized in Section 6.9, City
shall not support, adopt, or enact any City Law, or take any other action which would
violate the express provisions or intent of the Project Approvals or the Subsequent
Approvals.
4.3Availability of Public Services. To themaximum extent permitted by law and consistent
with its authority, City shall assist Developer in reserving such capacity for sewer and
water services as may be necessary to serve the Project.
4.4Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild all or
any part of the Project within the Term of this Agreement should it become necessary due
to damage or destruction. Any such renovation or rebuilding shall be subject to the square
footage and height limitations vested by this Agreement, and shall comply with the Project
Approvals, the building codes existing at the time of such rebuilding or reconstruction,
and the requirements of CEQA.
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4.5Expedited Plan Check Process. The City agrees to provide an expedited plan check
process forthe approval of Project drawings consistent with its existing practices for
expedited plan checks. The City shall use reasonable efforts to provide such plan checks
within 3 weeks of a submittal that meets the requirements of Section 5.2. The City
acknowledges that the City’s timely processing of Subsequent Approvals and plan checks
is essential to the Developer’s ability to achieve the schedule under the PSA.
ARTICLE 5.COOPERATION -IMPLEMENTATION
5.1Processing Application for Subsequent Approvals. By approving the Project Approvals,
City has made a final policy decision that the Project is in the best interests of the public
health, safety and general welfare. Accordingly, City shall not use its discretionary
authority in considering any application for a Subsequent Approval to change the policy
decisions reflected by the Project Approvals or otherwise to prevent or delay development
of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals
shall be deemed to be tools to implement those final policy decisions.
5.2Timely Submittals By Developer. Developer acknowledges that City cannot expedite
processing Subsequent Approvals until Developer submits complete applications on a
timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner
any and all documents, applications, plans, and other information necessary for City to
carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all
other consultants to provide to City in a timely manner all such documents, applications,
plans and other necessary required materials as set forth in the Applicable Law. It is the
express intent of Developer and City to cooperate and diligently work to obtain any and all
Subsequent Approvals.
5.3Timely Processing By City. Upon submission by Developer of all appropriate
applications and processing fees for any Subsequent Approval, City shall promptly and
diligently commence and complete all steps necessary to act on the Subsequent Approval
applicationincluding, without limitation: (i) providing at Developer’s expense and
subject to Developer’s request and prior approval, reasonable overtime staff assistance
and/or staff consultants for planning and processing of each Subsequent Approval
application; (ii) if legally required, providing notice and holding public hearings; and (iii)
acting on any such Subsequent Approval application. City shall ensure that adequate staff
is available, and shall authorize overtime staff assistance as may be necessary, totimely
process such Subsequent Approval application.
5.4Denial of Subsequent Approval Application. The City may deny an application for a
Subsequent Approval only if such application does not comply with the Agreement or
Applicable Law (as defined below) orwith any state or federal law, regulations, plans, or
policies as set forth in Section 6.9.
5.5Other Government Permits. At Developer’s sole discretion and in accordance with
Developer’s construction schedule, Developer shall apply for such other permits and
approvals as may be required by other governmental or quasi-governmental entities in
connection with the development of, or the provision of services to, the Project. City shall
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cooperate with Developer in its efforts to obtain such permits and approvalsand shall,
from time to time, at the request of Developer, use its reasonable efforts to assist
Developer to ensure the timely availability of such permits and approvals.
5.6Fees, Assessment Districts or Other Funding Mechanisms.
(a)Existing Fees. The Parties understand and agree that as of the Effective Date the
fees, exactions, and payments listed in Exhibit C are the only City fees and
exactions. Except for those fees and exactions listed in Exhibit C, City is
unaware of any pending efforts to initiate, or consider applications for new or
increased fees, exactions, or assessments covering the Property, or any portion
thereof.
(b)Future Fees, Taxes, and Assessments. City understands that long term
assurances by City concerning fees, taxes and assessments were a material
consideration for Developer agreeing to enter this Agreement and to pay long
term fees, taxes and assessments described in this Agreement. City shall retain
the ability to initiate or process applications for the formation of new assessment
districts covering all or any portion of the Property. Notwithstanding the
foregoing, Developer retains all its rights to oppose the formation or proposed
assessment of any new assessment district or increased assessment. In the event
an assessment district is lawfully formed to provide funding for services,
improvements, maintenance or facilities which are substantially the same as
those services, improvements, maintenance or facilities being funded by the fees
or assessments to be paid by Developer under the Project Approvals or this
Agreement, such fees or assessments to be paid by Developer shall be subject to
reduction/credit in an amount equal to Developer’s new or increased assessment
under the assessment district. Alternatively, the new assessment district shall
reduce/credit Developer’s new assessment in an amount equal to such fees or
assessments to be paid by Developer under the Project Approvals or this
Agreement.
ARTICLE 6.STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT
6.1Vested Right to Develop. Developer shall have a vested right to develop the Project on the
Property in accordance with the terms and conditions of this Agreement. Nothing in this
section shall be deemed to eliminate or diminish the requirement of Developer to obtain
any required Subsequent Approvals.
6.2Permitted Uses Vested by This Agreement. The permitted uses of the Property; the
density and intensity of use of the Property; the maximum height, bulk, and size of
proposed buildings; provisions for reservation or dedication of land for public purposes
and the location of public improvements; the general location of public utilities; and other
terms and conditions of development applicable to the Project, shall be as set forth in the
Project Approvals and, as and when they are issued (but not in limitation of any right to
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develop as set forth in the Project Approvals), the Subsequent Approvals, provided,
however, that no further design review or other discretionary approvals or public hearings
shall be required except forreview of minor changes to the Project Approvals by the Chief
Planner as provided in this Agreement.
6.3Applicable Law. The rules, regulations, official policies, standards and specifications
applicable to the Project (the “Applicable Law”) shall be thoseset forth in this Agreement
and the Project Approvals, and, with respect to matters not addressed by this Agreement or
the Project Approvals, those rules, regulations, official policies, standards and
specifications (including City ordinances and resolutions) governing permitted uses,
building locations, timing of construction, densities, design, heights, fees, exactions, and
taxes in force and effect on the Effective Date of this Agreement.
6.4Uniform Codes. City may apply to the Property, at any time during the Term, thecurrent
Uniform Building Code and other uniform construction codes, and City’s then current
design and construction standards for road and storm drain facilities, provided any such
uniform code or standard has been adopted and uniformly applied by City on a citywide
basis and provided that no such code or standard is adopted for the purpose of preventing
or otherwise limiting construction of all or any part of the Project.
6.5No Conflicting Enactments. Except as authorized in Section 6.9, Cityshall not impose on
the Project (whether by action of the City Council or by initiative, referendum or other
means) any ordinance, resolution, rule, regulation, standard, directive, condition or other
measure (each individually, a “City Law”) that is in conflict with Applicable Law or this
Agreement or that reduces the development rights or assurances provided by this
Agreement. Without limiting the generality of the foregoing, any City Law shall be
deemed to conflict with Applicable Law or this Agreementor reduce the development
rights provided hereby if it would accomplish any of the following results, either by
specific reference to the Project or as part of a general enactment which applies to or
affects the Project:
(a)Change any land use designation or permitted use of the Property;
(b)Limit or control the availability of public utilities, services, or facilities, or any
privileges or rights to public utilities, services, or facilities (for example, water
rights, water connections or sewage capacity rights, sewer connections, etc.) for
the Project;
(c)Limit or control the location of buildings, structures, grading, or other
improvements of the Project in a manner that is inconsistent with or more
restrictive than the limitations included in the Project Approvals or the
Subsequent Approvals (as and when they are issued);
(d)Limit or control the rate, timing, phasing, or sequencing of the approval,
development or construction of all or any part of the Project in any manner;
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(e)Result in Developer having to substantially delay construction of the Project or
require the issuance of additional permits or approvals by the City other than
those required by Applicable Law;
(f)Establish, enact, increase, or impose against the Project or Property any fees
(except increases to existing fees that are generally applied to other similar users
within the City), taxes (including without limitation general, special and excise
taxes but excluding any increased local sales tax or increases city business
license tax), assessments, liens or other monetary obligations (including
generating demolition permit fees, encroachment permit and grading permit
fees) other than those specifically permitted by this Agreement or other
connection fees imposed by third party utilities;
(g)Impose against theProject any condition, dedication or other exaction not
specifically authorized by Applicable Law; or
(h)Limit the processing or procuring of applications and approvals of Subsequent
Approvals.
6.6Initiatives and Referenda.
(a)If any City Law is enacted or imposed by initiative or referendum, or by the City
Council directly or indirectly in connection with any proposed initiative or
referendum, which City Law would conflict with Applicable Law or this
Agreement or reduce the development rights provided by this Agreement, such
Law shall not apply to the Project.
(b)Except as authorized in Section 6.9, without limiting the generality of any of the
foregoing, no moratorium or other limitation (whether relating to the rate,
timing, phasing or sequencing of development) affecting subdivision maps,
building permits or other entitlements to use that are approved or to be approved,
issued or granted within the City, or portions of the City, shall apply to the
Project.
(c)To the maximum extent permitted by law, City shall preventany City Law from
invalidating or prevailing over all or any part of this Agreement, and City shall
cooperate with Developer and shall undertake such actions as may be necessary
to ensure this Agreement remains in full force and effect.
(d)Developer reservesthe right to challenge in court any City Law that would
conflict with Applicable Law or this Agreement or reduce the development
rights provided by this Agreement.
6.7Environmental Mitigation. The parties understand that the DSASP EIR was intended to
be used in connection with each of the Project Approvals and Subsequent Approvals
needed for the Project. Consistent with the CEQA policies and requirements applicable to
the DSASP EIR, City agrees to use the DSASP EIR in connection with the processing of
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any Subsequent Approval to the maximum extent allowed by law and not to impose on the
Project any mitigation measures or conditions of approval other than those specifically
imposed by the Project Approvals, DSASPEIR, or specifically required by CEQA or
other Applicable Law.
6.8Life of Subdivision Maps, Development Approvals, and Permits. The term of any
subdivision map or any other map, permit, rezoning, or other land use entitlement
approved as a Project Approval or Subsequent Approval shall automatically be extended
for the longer of the duration of this Agreement (including any extensions) or the term
otherwise applicable to such Project Approval or Subsequent Approval if this Agreement
is no longer in effect. The term of this Agreement and any subdivision map or other
Project Approval or Subsequent Approval shall not include any period of time during
which a development moratorium (including, but not limited to, a water or sewer
moratorium or water and sewer moratorium) or the actions of other public agencies that
regulate land use, development or the provision of services to the land, prevents, prohibits
or delays the construction of the Project or a lawsuit involving any such development
approvals or permits is pending.
6.9State and Federal Law. As provided in Government Code section 65869.5, this
Agreement shall not preclude the application to the Project of changes in laws,
regulations, plans or policies, to the extent that such changes are specifically mandated
and required by changes in state or federal laws or regulations. Not in limitation of the
foregoing, nothing in this Agreement shall preclude City from imposing on Developer any
fee specifically mandated and required by state or federal laws and regulations.
6.10Prevailing Wage. To the full extent required by all applicable state and federal laws, rules
and regulations, Developer and its contractors and agents shall comply with California
Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto
(“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of
such provisions. If applicable, Developer shall submit to City a plan for monitoring
payment of prevailing wages and shall implement such plan at Developer’s expense.
To the fullest extent permitted by law,Developer shall indemnify, defend (with counsel
approved by City) and hold the City, and their respective elected and appointed officers,
officials, employees, agents, consultants, and contractors (collectively, the
“Indemnitees”) harmless from and against all liability, loss, cost, expense (including
without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit,
judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of
the foregoing collectively“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, the payment or requirement of payment of prevailing
wages(including without limitation, all claims that may be made by contractors,
subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and
1781), the failure to comply with any state or federal labor laws, regulations or standards
in connection with this Agreement, including but not limited to the Prevailing Wage
Laws, or any act or omission of Developer related to this Agreement with respect to the
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payment or requirement of payment of prevailing wages, whether or not any insurance
policies shall have been determined to be applicable to any such Claims. It is further
agreed that the City does not and shall not waive any rights against Developer which they
may have by reason of this indemnity and hold harmless agreement because of the
acceptance by the City, or Developer’s deposit with the City of any of the insurance
policies described in this Agreement. The provisions of this Section 6.10 shall survive the
expiration or earlier termination of this Agreement and the issuance of a Certificate of
Completion for the Project. Developer’s indemnification obligations set forth in this
section shall not apply to Claims arising solely from the gross negligence or willful
misconduct of the Indemnitees.
6.11Reserved.
6.12The Project.
(a)Affordable Housing Project. Developer intends to construct, own and operate on
the Property a multi-family residential building with eighty-one (81) dwelling
units (the “HousingProject”). The Housing Project will consist of thirty-nine
(39) units restricted to very-low income households, forty-one (41) units
restricted to moderate-income households families, and one (1) managers unit.
All units in the Project, except for the managers unit, shall be restricted to senior
households. City and Developer acknowledge and agree that housing units
developed as part of the project are subject to those restrictions provided for in
Regulatory Agreement.
(b)Community Room. Developer shall construct and make available to the City for
use a community room of at least 1,193 squarefeet. The community room shall
be as shown in the Project Approvals. The City and Developer agree that the
Purchase and Sale Agreement will include, as a condition of closing, that the
Parties negotiate and execute a Memorandum of Understanding that will govern
the City’s right to use the community room
(c)Project Approvals. Development of the Project requires that the Developer
obtain from the City the following land use entitlements: Conditional Use
Permit; Design Review; Modification to Open Space and Lot Coverage
Requirements, Waiver of Private Storage Standards; Density Bonus and a
Parking Reduction (collectively referred to herein as the “Project Approvals”).
The Project Approvals are shown in Exhibit B. The Property is located in the
Downtown Residential Core Zoning District, and the Conditional Use Permit,
Design Review, Waiver and Modification, Density Bonus and Parking
Reduction requests are required in accordance with SSFMC Chapters 20.280,
20.330, 20.390, 20.480, 20.490 & 20.510
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(d)Subsequent Approvals. In order to develop the Project as contemplated in this
Development Agreement, the Project may require land use approvals,
entitlements, development permits, and use and/or construction approvals other
than those listed in Section 6.12(d)above, which may include, without
limitation: development plans, amendments to applicable conditional use
permits, variances, subdivision approvals, street abandonments, design review
approvals, demolition permits, improvement agreements, infrastructure
agreements, grading permits, building permits, right-of-way permits, lot line
adjustments, site plans, sewer and water connection permits, certificates of
occupancy, parcel maps, lot splits, landscaping plans, master sign programs,
transportation demand management programs, encroachment permits, and
amendments thereto and to the Project Approvals (collectively, “Subsequent
Approvals”). At such time as any Subsequent Approval applicable to the
Property is approved by the City, then such Subsequent Approval shall become
subject to all the terms and conditions of this Development Agreement
applicable to Project Approvals and shall be treated as a “Project Approval”
under this Development Agreement.
ARTICLE 7.AMENDMENT
7.1To the extent permitted by state and federal law, any ProjectApproval or Subsequent
Approval may, from time to time, be amended or modified in the following manner:
(a)Administrative Project Amendments. Upon the written request of Developer for
an amendment or modification to a Project Approval or Subsequent Approval,
the Chief Planner or his/her designee shall determine: (i) whether the requested
amendment or modification is minor when considered in light of the Project as a
whole; and (ii) whether the requested amendment or modification is consistent
with this Agreement and Applicable Law. If the Chief Planner or his/her
designee finds that the proposed amendment or modification is minor, consistent
with this Agreement and Applicable Law, and will result in no new significant
impacts not addressed and mitigated in the Project EIR, the amendment shall be
determined to be an “Administrative Project Amendment” and the Chief
Planner or his designee may, except to the extent otherwise required by law,
approve the Administrative Project Amendment without notice and public
hearing. Without limiting the generality of the foregoing, lot line adjustments,
minor alterations in vehicle circulation patterns or vehicle access points, location
of parking stalls on the site, number of required parking stalls if city development
standards allow, substitutions of comparable landscaping for any landscaping
shown on any final development plan or landscape plan, variations in the
location of structures that do not substantially alter the design concepts of the
Project, variations in the residential unit mix (number of one, two or three
bedroom units), location or installation of utilities and other infrastructure
connections or facilities that do not substantially alter the design concepts of the
Project, and minor adjustments to the Property diagram or Property legal
description shall be treated as Administrative Project Amendments.
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(b)Non-Administrative Project Amendments. Any request by Developer for an
amendment or modification to a Project Approval or Subsequent Approval
which is determined not to be an Administrative Project Amendment as set forth
above shall be subject to review, consideration and action pursuant to the
Applicable Law and this Agreement.
7.2Amendment of this Agreement. This Agreement may be amended from time to time, in
whole or in part, by mutual written consent of the parties hereto or their successors in
interest, as follows:
(a)Administrative Agreement Amendments. Any amendment to this Agreement
which does not substantially affect (i) the Term of this Agreement, (ii) permitted
uses of the Property, (iii) provisions for the reservation or dedication of land, (iv)
conditions, terms, restrictions, or requirements for subsequent discretionary
actions, (v) the density or intensity of use of the Property or the maximum height
or size of proposed buildings or (vi) monetary contributions by Developer, shall
be considered an “Administrative Agreement Amendment” and shall not,
except to the extent otherwise required by law, require notice or public hearing
before the parties may execute an amendment hereto. Such amendments
include, but are not limited to, agreements concerns of senior lenders and a tax
credit investor, provided such agreement is consistent with subsections (i)
through (vi) above. Such amendment may be approved by City resolution.
(b)Other Agreement Amendments. Any amendment to this Agreement other than
an Administrative Agreement Amendment shall be subject to recommendation
by the Planning Commission (by advisory resolution) and approval by the City
Council (by ordinance) following a duly noticed public hearing before the
Planning Commission and City Council, consistent with Government Code
sections 65867 and 65867.5.
(c)Amendment Exemptions. No amendment of a Project Approval or Subsequent
Approval, or a Subsequent Approval shall require an amendment to this
Agreement. Instead, any such matter automatically shall be deemed to be
incorporated into the Project and vested under this Agreement.
ARTICLE 8.ASSIGNMENT, TRANSFER AND NOTICE
8.1Assignment and Transfer. Developer may transfer or assign all or any portion of its
interests, rights, or obligations under the Agreement and the Project approvals to third
parties acquiring an interest or estate in the Project or any portion thereof including,
without limitation, purchasers or lessees of lots, parcels, or facilities. Developer will seek
City's prior written consent to any transfer, which consent will not be unreasonably
withheld or delayed. City may refuse to give consent only if, in light of the proposed
transferee's reputation and financial resources, such transferee would not, in City's
reasonable opinion, be able to perform the obligations proposed to be assumed by such
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transferee. Such determination will be made by the City Manager and will be appealable
by Developer to the City Council.
Notwithstanding any other provision of this Agreement to the contrary, each of following
Transfers are permitted and shall not require City consent under this Section 8.1:
(a)Any transfer for financing purposes to secure the funds necessary for construction
and/or permanent financing of the Project;
(b)An assignment of this Agreement to an Affiliate of Developer;or
(e)Dedications and grants of easements and rights of way required in accordance with
the Project Approvals.
For the purposes of this Section 8.1, “Affiliate of Developer” means an entity or person
that is directly or indirectly controlling, controlled by, or under common control with
Developer. For the purposes of this definition, “control” means the possession, direct or
indirect, of the power to direct or cause the direction of the management and policies of an
entity or a person, whether through the ownership of voting securities, by contract, or
otherwise, and the terms “controlling” and “controlled” have the meanings correlative to
the foregoing
ARTICLE 9.COOPERATION IN THE EVENT OF LEGAL CHALLENGE
9.1Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding instituted by any person not a party to the Agreement challenging the validity
of any provisionof the Agreement or any Project approval, the parties will cooperate in
defending such action or proceeding. City shall promptly notify Developer of any such
action against City. If City fails promptly to notify Developer of any legal action against
City or if City fails to cooperate in the defense, Developer will not thereafter be
responsible for City's defense. The parties will use best efforts to select mutually agreeable
legal counsel to defend such action, and Developer will pay compensation for such legal
counsel (including City Attorney time and overhead for the defense of such action), but
will exclude other City staff overhead costs and normal day-to-day business expenses
incurred by City. Developer's obligation to pay for legal counsel will extend to fees
incurred on appeal. In the event City and Developer are unable to select mutually
agreeable legal counsel to defend such action or proceeding, each party may select its own
legal counsel and Developer will pay its and the City's legal fees and costs. Developer
shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the
City in defense of any such action or other proceeding or payable to any prevailing
plaintiff/petitioner.
9.2Reapproval. If, as a result of any administrative, legal, or equitable action or other
proceeding, all or any portion of the Agreement or the Project approvals are set aside or
otherwise made ineffective by any judgment in such action or proceeding ("Judgment"),
based on procedural, substantive or other deficiencies ("Deficiencies"), the parties will
use their respective best efforts to sustain and reenact or readopt the Agreement, and/or the
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Project approvals, that the Deficiencies related to, unless the Parties mutually agree in
writing to act otherwise:
(a)If any Judgment requires reconsideration or consideration by City of the
Agreement or any Project approval, then the City will consider or reconsider that
matter in a manner consistent with the intent of the Agreement and with
Applicable Law. If any such Judgment invalidates or otherwise makes
ineffective all or any portion of the Agreement or Project approval, then the
parties will cooperate and will cure any Deficiencies identified in the Judgment
or upon which the Judgment is based in a manner consistent with the intent of the
Agreement and with Applicable Law. City will then consider readopting or
reenacting the Agreement, or the Project approval, or any portion thereof, to
which the Deficiencies related.
(b)Acting in a manner consistent with the intent of the Agreement includes, but
is not limited to, recognizing that the parties intend that Developer may
develop the Project as described in the Agreement, and adopting such
ordinances, resolutions, and other enactments as are necessary to readopt or
reenact all or any portion of the Agreement or Project approvals without
contravening the Judgment.
ARTICLE 10.DEFAULT; REMEDIES; TERMINATION
10.1Defaults. Any failure by either party to perform any term or provision of the Agreement,
which failure continues uncured for a period of thirty (30) days following written notice of
such failure from the other party (unless such period is extended by mutual written
consent), will constitute a default under the Agreement. Any notice given will specify the
nature of the alleged failure and, where appropriate, the manner in which said failure
satisfactorily may be cured. If the nature of the alleged failure is such that it cannot
reasonably be cured within such 30-day period, then the commencement of the cure within
such timeperiod, and the diligent prosecution to completion of the cure thereafter, will be
deemed to be a cure within such 30-day period. Upon the occurrence of a default under the
Agreement, the non-defaulting party may institute legal proceedings to enforce theterms
of the Agreement or, in the event of a material default, terminate the Agreement. If the
default is cured, then no default will exist and the noticing party shall take no further
action.
10.2Termination. If City elects to consider terminating the Agreement due to a material default
of Developer, then City will give a notice of intent to terminate the Agreement and the
matter will be scheduled for consideration and review by the City Council at a duly
noticed and conducted public hearing. Developer will have the right to offer written and
oral evidence prior to or at the time of said public hearings. If the City Council determines
that a material default has occurred and is continuing, and elects to terminate the
Agreement, City will give written notice oftermination of the Agreement to Developer by
certified mail and the Agreement will thereby be terminated sixty (60) days thereafter.
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10.3Enforced Delay; Extension of Time of Performance. Subject to the limitations set forth
below, performance by either party hereunder shall not be deemed to be in default, and all
performance and other dates specified in this Agreement shall be extended, where delays
are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods;
earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; governmental restrictions or priority; litigation and
arbitration, including court delays; legal challenges to this Agreement, the PSA, the
Project Approvals, or any other approval required for the Project or any initiatives or
referenda regarding the same; environmental conditions, pre-existing or discovered,
delaying the construction or development of the Property or any portion thereof; unusually
severe weather but only to the extent that such weather or its effects (including, without
limitation, dry out time) result in delays that cumulatively exceed thirty (30) days for
every winter season occurring after commencement of construction of the Project; actsor
omissions of the other party; or acts or failures to act of any public or governmental
agency or entity (except that acts or failures to act of City shall not excuse performance by
City); moratorium; or a Severe Economic Recession (each a “Force Majeure Delay”). An
extension of time for any such cause shall be for the period of the enforced delay and shall
commence to run from the time of the commencement of the cause, if Notice by the party
claiming such extension is sent to the other party within sixty (60) days of the
commencement of the cause. If Notice is sent after such sixty (60) day period, then the
extension shall commence to run no sooner than sixty (60) days prior to the giving of such
Notice. Times of performance under this Agreement may also be extended in writing by
the mutual agreement of City and Developer. Developer’s inability or failure to obtain
financing or otherwise timely satisfy shall not be deemed to be a cause outside the
reasonable control of the Developer and shall not be the basis for an excused delay unless
such inability, failure or delay is a direct result of a Severe Economic Recession. “Severe
Economic Recession” means a decline in the monetary value of all finished goods and
services produced in the United States, asmeasured by initial quarterly estimates of US
Gross Domestic Project (“GDP”) published by the US Department of Commerce Bureau
of Economic Analysis (and not BEA’s subsequent monthly revisions), lasting more than
four (4) consecutive calendar quarters. Any quarter of flat or positive GDP growth shall
end the period of such Severe Economic Recession
10.4Legal Action. Either party may institute legal action to cure, correct, or remedy any
default, enforce any covenant or agreement in the Agreement, enjoin any threatened or
attempted violation thereof, and enforce by specific performance the obligations and
rights of the parties thereto. The sole and exclusive remedy for any default or violation of
the Agreement will be specific performance. In any proceeding brought to enforce the
Agreement, the prevailing party will be entitled to recover from the unsuccessful party all
costs, expenses and reasonable attorney's fees incurred by the prevailing party in the
enforcement proceeding.
10.5Periodic Review.
(a)Conducting thePeriodic Review. Throughout the Term of this Agreement, at
least once every twelve (12) months following the execution of this Agreement,
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City shall review the extent of good-faith compliance by Developer with the
terms of this Agreement. This review (“Periodic Review”) shall be conducted
by the Chief Planner or his/her designee and shall be limited in scope to
compliance with the terms of this Agreement pursuant to Government Code
section 65865.1.
(b)Notice. At least ten (10) days prior to the Periodic Review, and in the manner
prescribed in Section 11.9 of this Agreement, City shall deposit in the mail to
Developer a copy of any staff reports and documents to be used or relied upon in
conducting the review and, to the extent practical, related exhibits concerning
Developer’s performance hereunder. Developer shall be permitted an
opportunity to respond to City’s evaluation of Developer’s performance, either
orally at a public hearing or in a written statement, at Developer’s election. Such
response shallbe made to the Chief Planner.
(c)Good Faith Compliance. During the Periodic Review, the Chief Planner shall
review Developer’s good-faith compliance with the terms of this Agreement. At
the conclusion of the Periodic Review, the Chief Planner shall make written
findings and determinations, on the basis of substantial evidence, as to whether
or not Developer has complied in good faith with the terms and conditions of this
Agreement. The decision of the Chief Planner shall be appealable to the City
Council. If the Chief Planner finds and determines that Developer has not
complied with such terms and conditions, the Chief Planner may recommend to
the City Council that it terminate or modify this Agreement by giving notice of
its intention to do so, in the manner set forth in Government Code sections 65867
and 65868. The costs incurred by City in connection with the Periodic Review
process described herein shall be borne by Developer.
(d)Failure to Properly Conduct Periodic Review. If City fails, during any calendar
year, to either: (i) conduct the Periodic Review or (ii) notify Developer in writing
of City’s determination, pursuant to a Periodic Review, as to Developer’s
compliance with the terms of this Agreement and such failure remains uncured
as of December 31 of any year during the term of this Agreement, such failure
shall be conclusively deemed an approval by City of Developer’s compliance
with the terms of this Agreement.
(e)Written Notice of Compliance. With respect to any year for which Developer
has beendetermined or deemed to have complied with this Agreement, City
shall, within thirty (30) days following request by Developer, provide Developer
with a written notice of compliance, in recordable form, duly executed and
acknowledged by City. Developer shall have the right, in Developer’s sole
discretion, to record such notice of compliance.
10.6California Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of California. Any action to enforce or interpret this Agreement shall be
filed and heard in the Superior Court of San Mateo County, California.
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10.7Resolution of Disputes. With regard to any dispute involving development of the Project,
the resolution of which is not provided for by this Agreement or Applicable Law,
Developer shall, at City’s request, meet with City. The parties to any such meetings shall
attempt in good faith to resolve any such disputes. Nothing in this section 10.8 shall in any
way be interpreted as requiring that Developer and City and/or City’s designee reach
agreement with regard to those matters being addressed, nor shall the outcome of these
meetings be binding in any way on City or Developer unless expressly agreed to by the
parties to such meetings. If such disputes are not resolved in the meetings contemplated
by this section, then the parties agree that such disputes may be submitted for non-binding
mediation by a qualified mediator. The parties agree that each will mediate such disputes
in good faith prior to initiating litigation.
10.8Attorneys’ Fees. In any legal action or other proceeding brought by either party to enforce
or interpret a provision of this Agreement, the prevailing party is entitled to reasonable
attorneys’ fees and any other costs incurred in that proceeding in addition toany other
relief to which it is entitled.
10.9Hold Harmless. Developer shall hold City and its elected and appointed officers, agents,
employees, and representatives harmless from claims, costs, and liabilities for any
personal injury, death, or property damage which is a result of, or alleged to be the result
of, the construction of the Project, or of operations performed under this Agreement by
Developer or by Developer’s contractors, subcontractors, agents or employees, whether
such operations were performed by Developer or any of Developer’s contractors,
subcontractors, agents or employees. Nothing in this section shall be construed to mean
that Developer shall hold City harmless from any claims of personal injury, death or
property damage arising from, or alleged to arise from, any gross negligence or willful
misconduct on the part of City, its elected and appointed representatives, offices, agents
and employees.
ARTICLE 11.MISCELLANEOUS
11.1Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this
Agreement, and the introductory paragraph preceding the Recitals, are hereby
incorporated into this Agreement as if fully set forth herein.
11.2No Agency. It is specifically understood and agreed to by and between the parties hereto
that: (i) the subject development is a private development; (ii) City has no interest or
responsibilities for, or duty to, third parties concerning any improvements until such time,
and only until such time, that City accepts the same pursuant to the provisions of this
Agreement or in connection with the various Project Approvals or Subsequent Approvals;
(iii) Developer shall have full power over and exclusive control of the Project herein
described, subject only to the limitations and obligations of Developer under this
Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv)
City and Developer hereby renounce the existence of any form of agency relationship,
joint venture or partnership between City and Developer and agree that nothing contained
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herein or in any document executed in connection herewith shall be construed as creating
any such relationship between City and Developer.
11.3Enforceability. City and Developer agree that unless this Agreement is amended or
terminated pursuant to the provisions of this Agreement, this Agreement shall be
enforceable by any party hereto notwithstanding any change hereafter enacted or adopted
(whether by ordinance, resolution, initiative, or any other means) in any applicable general
plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use
ordinance or building ordinance, resolution or other rule, regulation or policy adopted by
City that changes, alters or amends the rules, regulations, and policies applicable to the
development ofthe Property at the time of the approval of this Agreement as provided by
Government Code section 65866.
11.4Severability. If any term or provision of this Agreement, or the application of any term or
provision of this Agreement to a particular situation, isheld by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of
this Agreement, or the application of this Agreement to other situations, shall continue in
full force and effect unless amended or modified by mutual consent of the parties.
Notwithstanding the foregoing, if any material provision of this Agreement, or the
application of such provision to a particular situation, is held to be invalid, void or
unenforceable, either City or Developer may (in their sole and absolute discretion)
terminate this Agreement by providing written notice of such termination to the other
party.
11.5Other Necessary Acts. Each party shall execute and deliver to the other all such other
further instruments and documents asmay be reasonably necessary to carry out the Project
Approvals, Subsequent Approvals and this Agreement and to provide and secure to the
other party the full and complete enjoyment of its rights and privileges hereunder.
11.6Construction. Each reference in this Agreement to this Agreement or any of the Project
Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project
Approval, or Subsequent Approval as it may be amended from time to time, whether or
not the particular reference refers to such possible amendment. This Agreement has been
reviewed and revised by legal counsel for both City and Developer, and no presumption or
rule that ambiguities shall be construed against the drafting party shall apply to the
interpretation or enforcement of this Agreement.
11.7Other Miscellaneous Terms. The singular shall include the plural; the masculine gender
shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more
than one signer of this Agreement, the signer obligations are joint and several.
11.8Covenants Running with the Land. All of the provisions contained in this Agreement
shall be binding upon the parties and their respective heirs, successors and assigns,
representatives, lessees, and all other persons acquiringall or a portion of the Project, or
any interest therein, whether by operation of law or in any manner whatsoever. All of the
provisions contained in this Agreement shall be enforceable as equitable servitudes and
shall constitute covenants running with the land pursuant to California law including,
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without limitation, Civil Code section 1468. Each covenant herein to act or refrain from
acting is for the benefit of or a burden upon the Project, as appropriate, runs with the
Property, and is binding upon the owner of all or a portion of the Property and each
successive owner during its ownership of such property. Notwithstanding any other
provision in this Agreement,City agrees that the affordability restrictions contemplated
by this Agreement shall be subordinated to the lien of a senior lender providing funds to
develop the Project in accordance with the terms of this Agreementand consistent with the
provisions of Section 8.3 of the Regulatory Agreement.
11.9Notices. Any notice or communication required hereunder between City or Developer
must be in writing, and may be given either personally, by telefacsimile (with original
forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested),
or by Federal Express or other similar courier promising overnight delivery. If personally
delivered, a notice shall be deemed to have been given when delivered to the party to
whom it is addressed. If given by facsimile transmission, a notice or communication shall
be deemed to have been givenand received upon actual physical receipt of the entire
document by the receiving party’s facsimile machine. Notices transmitted by facsimile
after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be
deemed to have been givenand received on the next normal business day. If given by
registered or certified mail, such notice or communication shall be deemed to have been
given and received on the first to occur of: (i) actual receipt by any of the addressees
designated below asthe party to whom notices are to be sent, or (ii) five (5) days after a
registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If given by Federal Express or similar
courier, a notice or communication shall be deemed to have been given and received on
the date delivered as shown on a receipt issued by the courier. Any party hereto may at
any time, by giving ten (10) days written notice to the other party hereto, designate any
other address in substitution of the address to which such notice or communication shall
be given. Such notices or communications shall be given to the parties at their addresses
set forth below:
If to City, to:City of South San Francisco
400 Grand Avenue
Attn: City Manager
South San Francisco, CA 94080
Phone: (650) 877-8500
Fax: (650) 829-6609
With a Copy to:Meyers, Nave, Riback, Silver & Wilson
575 Market Street, Suite 2080
San Francisco, CA 94105
Attn: Jason S. Rosenberg, City Attorney
Phone: (415) 421-3711
Fax: (415) 421-3767
If to Developer, to:Rotary Plaza, Inc.
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c/o Beacon Development Group
6120 Stoneridge Mall Road, Suite 300
Pleasanton, CA 94588
Attn: Ancel Romero
Phone: (925) 974-7197
Email: aromero@beaconcommunities.org
With Copiesto:Goldfarb & Lipman LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attn: Robert C. Mills
Phone: (510) 836-6336
Email: rmills@goldfarblipman.com
11.10 Entire Agreement, Counterparts And Exhibits. This Agreement is executed in two (2)
duplicate counterparts, each of which is deemed to be an original. This Agreement
consists of [XX] pages and three (3) exhibits which constitute in full, the final and
exclusive understanding and agreement of the parties and supersedes all negotiations or
previous agreements of the parties with respect to all or any part of the subject matter
hereof. All waivers of the provisions of this Agreement shall be in writing and signed by
the appropriate authorities of City and the Developer. The following exhibits are attached
to this Agreement and incorporated herein for all purposes:
Exhibit A: Description and Diagram of Property
Exhibit B: Existing Land Use Entitlements and Approvals
Exhibit C: Applicable Laws & City Fees, Exactions, and Payments
11.11 Recordation Of Development Agreement. Pursuant to Government Code section
65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk
shall record an executed copy of this Agreement in the Official Records of the County of
San Mateo.
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IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and
City as of the day and year first above written.
CITY
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
By: ___________________________
Name: ______________________
City Manager
ATTEST:
By: ___________________________
City Clerk
APPROVED AS TO FORM:
By: ___________________________
City Attorney
DEVELOPER
ROTARY PLAZA, INC.
aCalifornia nonprofit public benefit
corporation
By: ___________________________
Name: ___________________________
Its: ___________________________
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Exhibit A: Description and Diagram of Property
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Exhibit B: Existing Land Use Entitlements and Approvals
[To be completed when the exact titles and resolution numbers for entitlements approved by the
Planning Commission and the City Council are known.]
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Exhibit C: Applicable Laws & City Fees, Exactions, and Payments
CURRENT SOUTH SAN FRANCISCO LAWS
Developer shall comply with the following City regulations and provisions applicable to
the Property as of the Effective Date (except as modified by this Agreement and the Project
Approvals).
South San Francisco General Plan. The Developer will develop the Project in a manner
consistent with the objectives, policies, general land uses and programs specified in the
South San Francisco General Plan, as adopted on October 13, 1999 and as amended from
time to time.
Downtown Station Area Specific Plan. The Developer will develop the Project in a
manner consistent with the objectives, policies, general land uses and programs specified
in the South San Francisco Downtown Station Area Specific Plan, as adopted in January
2015.
Downtown Station Area Specific Plan Zoning District. The Developer shall construct the
Project in a manner consistent with the Downtown Station Area Specific Plan Zoning
District applicable to the Project as of the Effective Date (except as modified by this
Agreement).
South San Francisco Municipal Code. The Developer shall construct the Project in a
manner consistent with the South San Francisco Municipal Code provisions, as applicable
to the Project as of the Effective Date (except as modified by this Agreement).
FEES, EXACTIONS, & PAYMENTS
Subject to the terms of Section 5.6(b) of this Agreement, Developer agrees that Developer
shall be responsible for the payment of the following fees, charges, exactions, taxes, and
assessments (collectively, “Assessments”). From time to time, the City may update, revise, or
change its Assessments. Further, nothing herein shall be construed to relieve the Property from
common benefit assessments levied against it and similarly situated properties by the City
pursuant to and in accordance with any statutory procedure for the assessment of property to pay
for infrastructure and/or services that benefit the Property. Except as indicated below, the amount
paid for a particular Assessment, shall be the amount owed, based on the calculation or formula in
place at the time payment is due, as specified below.
Administrative/Processing Fees. The Developer shall pay the applicable application,
processing, administrative, legal and inspection fees and charges, as currently adopted
pursuant to City’s Master Fee Schedule and required by the City for processing of land use
entitlements, including without limitation, General Plan amendments, zoning changes,
precise plans, development agreements, conditional use permits, variances, transportation
demand management plans, tentative subdivision maps, parcel maps, lot line adjustments,
general plan maintenance fee, demolition permits, and building permits.
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Impact Fees (Existing Fees). Except as modified below and as set forth in Section 3.2(b)
of this Agreement, the following existing impact fees shall be paid for net new square
footage at the rates and at the times prescribed in the resolution(s) or ordinance(s)
adopting and implementing the fees.
B
Child Care Impact Fee. (SSFMC Chapter 20.310; Ordinance 1432-2001). The
parties agree that Developer may seek a waiver of the Child Care Impact Fee
pursuant to SSFMC Section 20.310.004. As provided in Section 20.310.004,
grant of such waiver is within the discretion of the City Council.
C
Public Safety Impact Fee. (Resolution 97-2012) Prior to receiving a building
permit the Project, the Developer shall pay the Public Safety Impact Fee, as set
forth in Resolution No. 97-2012, adopted on December 10, 2012, to assist the
City’s Fire Department and Police Department with funding the acquisition and
maintenance of Police and Fire Department vehicles, apparatus, equipment, and
similar needs for the provision of public safety services.
D
Sewer Capacity Charge. (Resolution 39-2010) Prior to receiving a building
permit for Tenant Improvements for the Project, the Developer shall pay the
Sewer Capacity Charge, as set forth in Resolution No. 39-2010.
E
General Plan Maintenance Fee. (Resolution 74-2007).
User Fees.
B
Sewer Service Charges. (assessed as part of property tax bill)
C
Stormwater Charges. (assessed as part of property tax bill)
Community Benefits
(a)Common community space
(b)Intention to work with general contractor to establish a local outreach plan to
achieve specified local hire goals
(c)Transit services such as Meals on Wheels, in-home support services, shared
transportation services with Beacon’s Hillcrest Gardens (Daly City) paratransit,
and coordinated visits by physicians and nurses
E
Ninety percent of the units will be “adaptable, which allows for simple
conversion by maintenance staff to a fully accessible unit and 10% will be fully
accessible, with additional visual and hearing accommodations
Business License Tax Modifications. In the event that the City’s business license tax is
modified and duly approved by voters, and any subsequent tax modifications become
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applicable to the properties on the Project during the term of this Agreement, Developer
shall be responsible to pay the applicable business license tax amounts, as modified.
Firm Total Points Possible KNN Fieldmann Rolapp PFM
Qualifications/Experience 105 83 101 103
Propsal 75 70 67 75
Fit 75 55 68 73
Cost 45 30 43 45
Total 300 238 279 296
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
PUBLIC FINANCIAL MANAGEMENT, INC.
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and Public Financial Management, Inc. (“Consultant”) (together sometimes referred to as
the “Parties”) as of April 28, 2016 (the “Effective Date”).
Section 1.SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described inthe Scope of Work attached as Exhibit A,attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2020,the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement,as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed bya person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections1.1 and 1.2above and to satisfy Consultant’s obligations hereunder.
Section 2.COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$100,000.00 (ONE HUNDREDTHOUSAND DOLLARS), notwithstanding any contrary indications that may
be contained in Consultant’s proposal, for services to be performed and reimbursable costsincurred under
this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A,regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
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Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation as specified in the AppendixAand
incorporated herein.All fees for debt transactions shall be payable upon the successful
completion of the debt transaction. As shown in the AppendixA, reimbursement for all out-
of-pocket expenses on an actual cost basis up to $1,500 per transaction shall be paid to
Consultant. Invoices shall include a brief description of services performed and the date
services were performed, a brief description of any costs incurred and the Consultant’s
signature."
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreementand any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non-California
subcontractors as required by law.
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2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that maybe necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4.INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectlyby Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator(as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
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insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a.The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b.Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS($1,000,000) covering the licensed
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professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceedONE HUNDRED FIFTY THOUSAND DOLLARS$150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a.The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b.Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c.If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d.A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits,except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
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affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’sinsurance 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 insuredsor 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.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policiesor shall furnish separate certificates and certified endorsements for each
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subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy.No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a.Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b.Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c.Terminate this Agreement.
Section 5.INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, tothe extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6.STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agentorto bind City to any obligation whatsoever.
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity,Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City,of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to Citythat
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
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expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
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8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section9.KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
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confidential and will not be released to third parties without prior written consent of both
parties unless required by lawor judicial or regulatory process.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relatingto charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to aRequest for Proposals (RFP)orinvitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elementsin each proposal thatare defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultanthas not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected fromdisclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultantagrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns.The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve(12)months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant willnot be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
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sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the Director of
Finance ("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
10.10Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy,if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and(iv)upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant
Sarah Hollenbeck
Managing Director
Public Financial Management, Inc.
50 California Street, Suite 2300
San Francisco, CA 94111
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
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Seal and Signature of Registered Professional with
report/design responsibility.
10.12Integration. This Agreement, including all Exhibitsattached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.14Construction. The headings in this Agreementare for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultant
_________________________________________________________________
City Manager NAME:
TITLE:
Attest:
_____________________________
Krista Martinelli, City Clerk
Approved as to Form:
____________________________
City Attorney
2051688.4
Consulting Services Agreement between DATE
City of South San Francisco and ____________ -Exhibit A Page 1of 1
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between DATE
City of South San Franciscoand____________ -Exhibit B Page 1of 1
EXHIBIT B
INSURANCE CERTIFICATES
APPENDIX A
SCOPE OF SERVICES
PFM will assist the City in all aspects of the financing transactions related to the Measure W program, from the
developmentof the bond structure, to the presentation of the transaction to the City Counciland rating agencies,
to the successful pricing and closing of the transaction. In particular, the scope of services that PFM will provide
to the City will include:
Evaluating alternative debt service structuresfor the anticipated phases of the Measure W projects
Advising the City on the method of sale for the bonds
Developing a time and responsibility schedule for the bond transactions
As appropriate, preparing and distributing an RFP for underwriting services, summarizing underwriter
proposals and participating in underwriter interviews
Advising the City on proposed underwriter compensation vis a vis the broader municipal market
Procuring via competitive process other services required in connection with the transactions(financial
printer, trustee, etc.)
Reviewing all legal and disclosure documents related to the bond issues
Participating in working group meetings, meetings with City staff, City Council meetings, as required in
connection with the transactions
Preparing presentation materials and information pertaining to the City and the bonds for rating agency
and bond insurer review
Advising the City regarding the structure of the financings, the terms of bonds, timing of the bond sales,
the maturity schedule of the bonds, call features, maintenanceof reserves, and any other matters which
may assist the City in obtaining the lowest practical interest costs for the bonds
With the participation of PFM’s Pricing Group, providing the City with independent advice on the coupons,
yields and structure of the bonds that will attract the broadest possible investor participation and the
lowest cost of funds
In the case of a competitive sale, advise the City on the interest rate and other parameters contained in
the Official Notice of Sale to achieve the broadest participation in the sale, contact potential bidders
during the premarketing period, and set up the transaction for the online competitive bidding process
In the case of a negotiated sale, participate in pre-pricing and pricing calls with the City and the
Underwriter for the bonds and assist the City in negotiating the final interest rates on the bonds
Memorialize the transaction process and results for the City staff in a post-sale memorandum
Compensation
For the first series of bonds under the Measure W program, PFM will be paid a fixed transaction fee of $55,000,
contingent on the successful closing of the transaction. For the second series of bonds under the Measure W
program, PFM will be paid a fixed transaction fee of $42,000, contingent on the successful closing of the
transaction. In addition to our transaction fees, PFM will be reimbursed for reasonable expenses associated with
each transaction, including but not limited to travel, postage, expressmail services, telephone, copying, etc.,
presented with documentation and third party receipts. The total of these reimbursable expenses will not exceed
$1,500 per transaction.
Insurance Statement
Public Financial Management, Inc. (“PFM”) is pleased to conform to the insurance
requirements as outlined in the RFP. However, due to constraints imposed by the
underlying insurer, our policies cannot be endorsed to guarantee notification if
coverage is reduced or materially changed.
Therefore, PFM asserts the following and will be bound by submission of our
proposal to the City of South San Francisco.
“PFM will not materially alter any of the insurance policies currently in force and
relied on in this proposal. Further, PFM will not reduce any coverage amount
below the limits specified in the RFP”.
PFM has a complete insurance program, including property, casualty,
comprehensive general liability, automobile liability and workers compensation.
PFM maintains professional liability and fidelity bond coverages which total $25
million and $10 million, respectively. PFM also carries a $10 million cyber liability
policy.
Deductibles/SIR:
Automobile $250 comprehensive & $500 collision
Cyber Liability $50,000
General Liability $0
Professional Liability (E&O) $1,000,000
Financial Institution Bond $75,000
Insurance Company & AM Best Rating
Professional Liability (E&O) Endurance American Specialty Insurance; (A:XV)
XL Specialty Insurance Company; (A:XV)
Continental Casualty Company; (A:XV)
Starr Indemnity & Liability Company; (A:XIV)
Financial Institution Bond Federal Insurance Company; (A++/XV)
Cyber Liability Indian Harbor Insurance Company (A)
General Liability Great Northern Insurance Company; (A++/XV)
Automobile Liability Federal Insurance Company; (A++/XV)
Excess /Umbrella Liability Federal Insurance Company; (A++/XV)
Workers Compensation Great Northern Insurance Company; (A++/XV)
& Employers Liability