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HomeMy WebLinkAbout2021-06-23 e-packet@5:00Wednesday, June 23, 2021 5:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA TELECONFERENCE MEETING Special City Council Special Meeting Agenda June 23, 2021Special City Council Special Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/82631530659 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,82631530659# or +13462487799,,82631530659# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 826 3153 0659 Page 2 City of South San Francisco Printed on 8/3/2021 June 23, 2021Special City Council Special Meeting Agenda American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at [email protected]. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 24-hours before the meeting. Accommodations: Individuals who require special assistance of a disability-related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at [email protected], 24-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Call to Order. Roll Call. Agenda Review. PUBLIC COMMENTS - Comments are limited to items on the Special Meeting Agenda. HOW TO SUBMIT WRITTEN PUBLIC COMMENT BEFORE THE MEETING Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 3:00 p.m. on the meeting date. Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. Comments received by the deadline will be read into the record by the City Clerk or designee. Comments received after the deadline will be included as part of the meeting record but will not be read aloud during the meeting. Approximately 300 words total can be read in three minutes. Comments on agenda items will be taken when that item is called. If joining the conference by phone you may raise your hand by dialing *9 and *6 to unmute. State law prevents Council from responding to public comments or taking action on matters not on the agenda . The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. Page 3 City of South San Francisco Printed on 8/3/2021 June 23, 2021Special City Council Special Meeting Agenda HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING Members of the public who wish to provide comment during the meeting may do so by using the “Raise Hand” feature: • To raise your hand on a PC or Mac desktop/laptop, click the button labeled "Raise Hand” at the bottom of the window on the right side of the screen. Lower your hand by clicking the same button, now labeled “Lower Hand.” • To raise your hand on a mobile device, tap “Raise Hand” at the bottom left corner of the screen. The hand icon will turn blue, and the text below it will switch to say "Lower Hand" while your hand is raised. To lower your hand, click on “Lower Hand.” • To raise your hand when participating by telephone, press *9. • To toggle mute/unmute, press *6. Once your hand is raised, please wait to be acknowledged by the City Clerk, or designee, who will call on speakers. When called upon, speakers will be unmuted. After the allotted time, speakers will be placed on mute. ADMINISTRATIVE BUSINESS Report regarding a resolution authorizing the City Manager to execute the Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $2 million, subject to conditions, and approving a Budget Amendment to provide funding for the additional City contribution. (Mike Futrell, City Manager, and Philip Vitale, Acting Director of Capital Projects) 1. Resolution authorizing the City Manager to execute the Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $2,000,000, subject to conditions, and approving a Budget Amendment to provide funding for the additional contribution. 1a. Report regarding providing direction to staff on how to proceed with the Council redistricting project of South San Francisco. (Rosa Govea Acosta, City Clerk; Kristen Parks, National Demographics Corporation) 2. Adjournment. Page 4 City of South San Francisco Printed on 8/3/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-505 Agenda Date:6/23/2021 Version:1 Item #:1. Report regarding a resolution authorizing the City Manager to execute the Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $2 million,subject to conditions,and approving a Budget Amendment to provide funding for the additional City contribution.(Mike Futrell,City Manager,and Philip Vitale,Acting Director of Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board (PCJPB)in an amount not to exceed $2 million,subject to conditions, and approving a Budget Amendment to provide funding for the additional City contribution. BACKGROUND The Peninsula Corridor Joint Powers Board (PCJPB),owns and operates Caltrain.The City of South San Francisco and PCJPB secured funding to upgrade the South San Francisco Caltrain Station (Project)in December 2015.The Project was estimated to cost up to $59 million.As outlined in the existing agreement,the City committed to contributing 10 percent ($5.9 million) of the original project cost. Authorized by the City Council on January 25,2017,through the First Amendment to the original agreement, the City committed up to an additional $1.3 million to incorporate design changes that are important to maximize the pedestrian experience and encourage Caltrain Station use.The changes included in the First Amendment are: ·Widening the station tunnel entrance from the west/downtown to invite users to the station; ·Grading the plaza to ensure pedestrian sightlines through the tunnel for safety and public space; and ·Adding a new stairway at the start of the eastern plaza to improve pedestrian circulation and access to employer shuttles. Authorized by the City Council on May 10,2017,through the Second Amendment to the original agreement, the City committed up to an additional $1.5 million to incorporate: ·Upgraded plaza concrete paving and landscaping; ·New tile cladding along one wall of the entryway and tunnel; ·Improved lighting; ·New plaza furnishings that are weather and tamper resistant; ·Expanded CCTV camera coverage/signage for the plaza and parking lot. Authorized by the City Council on October 9,2019,through the Third Amendment to the original agreement, the City committed up to an additional $1.2 million to address costs related to: ·Construction delays partially due to City staff negotiations with Caltrans regarding a long-term Airspace City of South San Francisco Printed on 6/21/2021Page 1 of 4 powered by Legistar™ File #:21-505 Agenda Date:6/23/2021 Version:1 Item #:1. ·Construction delays partially due to City staff negotiations with Caltrans regarding a long-term Airspace Lease underneath US-101; ·Delays due to renewal of a 2008 Caltrans encroachment permit; ·Unanticipated utility relocation coordination cost; ·Extra inclement weather days; and ·PG&E bankruptcy-related coordination delays. The first two amendments to the original agreement were at the request of the City,incorporating the cost of City-requested design improvements and additional amenities to the station and plaza.The third amendment was at the request of PCJPB due to a then-calculated $12 million cost overrun on the project,caused by the reasons noted above.As noted below,PCJPB staff have estimated an additional $25 million is necessary to finish the new Caltrain station and is requesting a fourth amendment to the funding agreement with South San Francisco.When combined with the original agreement plus amendments one,two and three,the fourth amendment will move the total cost of the new station under the funding agreement to a total project cost of $96.6 million. In total,to date the City has invested $11,053,085 in the new Caltrain station.This includes the contributions noted above,plus $1,153,085 in pre-development costs to obtain the Caltrain station plaza,city fee waivers,pre -design work,and work required to dedicate portions of Poletti Way for the new station.Additionally,the City is responsible for the $47,600 annual air rights lease from the California Department of Transportation (Caltrans).To date the City has paid $142,080 to Caltrans under the air rights lease.PCJPB is requesting additional funds from South San Francisco to finish the project, as discussed below. DISCUSSION The new Caltrain station is under construction and is currently approximately one year behind schedule. Caltrain staff estimate that the station will be substantially complete in November,2021.City staff and its supporting consultant,Swinerton Management (Swinerton),has analyzed the work schedule and it is possible that Caltrain will meet this completion date.Caltrain staff have calculated,however,that an additional $25 million is needed to complete the construction work and resolve open commercial issues,and that due to increased productivity additional funding is urgently needed to continue the work. City staff were first made aware of potential funding shortfalls in November,2020,through a meeting requested by Jim Hartnett,then the CEO and general manager of the San Mateo County Transit District and Caltrain.At that time Caltrain had not completed a full claims analysis but informed the City that it estimated a cost of approximately $17 million.City staff requested an opportunity to review documents supporting the $17 million estimate,which was granted,and the City engaged Swinerton to assist in the document review.No commitment for additional funding was made, however, pending completion of the City’s review. During the review,a full assessment of station costs and requirements could not be completed as Caltrain was and is still involved in assessing its financial and project disputes with the contractor.Because of this by March 2021,Swinerton reported it could not provide a full accounting of construction costs but it did validate that indeed additional funding is required to finish the project,and that the project was approximately one year behind schedule, but could not validate the total amount needed to finish the project. Soon thereafter Caltrain completely replaced its project management team,bringing in what was described as a highly skilled and deeply experienced team capable of untangling the projects finances and driving the project to completion.The new Caltrain team has been able to make deliberative progress on the project,developing an analysis of the project challenges and financial issues,and devising a strategy for completing the project in the City of South San Francisco Printed on 6/21/2021Page 2 of 4 powered by Legistar™ File #:21-505 Agenda Date:6/23/2021 Version:1 Item #:1. analysis of the project challenges and financial issues,and devising a strategy for completing the project in the fastest,most financially prudent method that will result in a high-quality finished product.The analysis also concluded that amending the existing contract to finish the work is the lowest cost with the least risk. Caltrain,and their new project management team,have analyzed the funding needed to complete the station, concluding the actual amount of additional funding needed is $25 million.However,the total cost of the project is still unknown as there are multiple outstanding claim negotiations.Caltrain staff has requested a financial contribution from South San Francisco,and they will ask the San Mateo County Transportation Authority (SMCTA)for the remaining funds at the July 2021,SMCTA Board of Directors meeting.The City’s team has reviewed the new cost estimate,and cannot firmly validate that $25 million cost estimate,as a review is ongoing and claims are still being negotiated with the contractor.It is clear additional funding is needed, however, without which the project will stall. In discussions with Caltrain staff,and understanding that additional funding is needed and that South San Francisco is a financial partner in the new station (albeit a small partner),City staff recommends contributing up to an additional $2 million towards completion of the station, subject to the following negotiated deal points: 1.No further funding will be requested from South San Francisco after the requested fourth amendment to the original funding agreement. 2.The City’s additional $2 million is a not-to-exceed amount and will be the “last money in,”meaning whatever additional funds are provided by the SMCTA (presumably $23 million)must be expended before any part of South San Francisco’s $2 million is required,with the understanding that any portion of the funding that is not needed to complete the project subject to the restrictions below will not be remitted to Caltrain. 3.South San Francisco’s additional funds available under a Fourth Amendment will only be applied to actual construction costs, and will not be available to cover Caltrain or PCJPB overhead or staff time. 4.Caltrain will complete the original scope of the project as well as the scope of work related to all prior contract amendments,thus without any reductions in project scope,unless specifically coordinated and negotiated with City staff. 5.Caltrain secures the $23 million balance of funding necessary to complete the project,either from SMCTA or other sources. South San Francisco remains a strong and positive partner with Caltrain on this much needed project,and stands behind Caltrain staff and its new project team in the effort to finish the station as soon as possible.Only the inability to validate the total funding required remains in question;however,the five deal points noted above provide adequate protection and guarantees such that South San Francisco can confidently enter into the fourth amendment to the funding agreement. City staff recommends that City Council approve an additional $2 million in funding for the Fourth Amendment to the original funding agreement,subject to the conditions outlined above,allowing construction of the new South San Francisco Caltrain station to continue without further delay. FISCAL IMPACT The $2 million contribution described in this report will necessitate a budget adjustment to the fiscal year 2021- 22 budget.The Fourth Amendment will be funded from available fund in the East of 101 Traffic Impact Fee Fund and/or Infrastructure Reserves. The resolution to this report authorizes the Finance Director to make the appropriate budget adjustment in terms City of South San Francisco Printed on 6/21/2021Page 3 of 4 powered by Legistar™ File #:21-505 Agenda Date:6/23/2021 Version:1 Item #:1. The resolution to this report authorizes the Finance Director to make the appropriate budget adjustment in terms of the funding source as outlined above once the required review has been completed. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan.It aligns with Priority #2 which is focused on enhancing quality of life and Priority #3 which is focused on enhancing public safety. CONCLUSION Completion of a new,more accessible Caltrain station is a key component of the City’s downtown plan,and to improve transit options for commuters to and from South San Francisco.With the additional $2 million recommended,the City’s investment in the new Caltrain station will rise to $13,053,085,or approximately 13.5%of the total cost of the station.The new station is on track to be substantially completed by the end of 2021, and the additional funding is recommended to keep construction moving forward to completion. Attachments 1.Project Update Presentation by PCJPB Staff 2.Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the PCJPBB City of South San Francisco Printed on 6/21/2021Page 4 of 4 powered by Legistar™ June 23, 2021 Prepared for City of South San Francisco South San Francisco Station Improvement Project 2 Project Description / Construction Progress 3 -Improve station and system operations -Improve safety -ADA compliance -Provide access to City Downtown -Improve east-west connection -Prepare station for electrification infrastructure Project Purpose Project Key Elements 4 -New center platform -Track and signal work -Pedestrian underpass -2 new entries/exits -Downtown plaza -ADA access -Shuttle pick-up/drop-off New Center Platform Eastside Entry Downtown Plaza / Westside Entry Pedestrian Underpass 4 5 Project construction precede Caltrain electrification - Post-electrification construction cost ~$135M (in 2027) - Pre-electrification project cost lower Accepted risk - Utility and permitting in parallel with construction Project Implementation Strategy Activity Date Bid & Award April 2017 – August 2017 Begin Construction November 2017 Partial Suspension April 2018 – September 2019 Construction Resume Current Project Milestones 6 7 Project Status Current budget $71.6M Budget remaining (End of May 2021) -$6.2M -Cashflow need urgent Project compete 87% Station opening: revised to November 2021 8 Completed Work •Finished Northbound and Southbound tracks in their final alignment •Union Pacific (UP) main yard track in its final alignment •Finished precast arches for underpass Work in Progress •Tile work on stairs to underpass •Poletti Way bioswale •Platform amenities Construction Update Construction Update – Platform 9 Rendering of Center Platform Center Platform with partial Amenities Construction Update – West Plaza 10 Station West Access – West Plaza Construction of West Station Access Construction Update – Underpass Stairs 11 Rendering of Pedestrian Underpass Tiling at Stairs to Pedestrian Underpass Construction Update – Arched Underpass 12 Arched Formwork Cast-in-place Arched Underpass Construction Update – Ramp 1 Progression 13 Construction Update – Poletti Way Bioswale 14 15 Project Cost and Schedule Update 16 Background Project challenges identified and presented to April JPB Board -Contractor low productivity -Limited progress on contract disputes and claims negotiations -Additional utility conflicts with UP Joint Fiber Optic trench (redesign, permits, and relocation) -COVID-19 impacts to construction crews (several interruptions during period) Actions -New project team -Establish new relationship with contractors -Increased productivity from $1M to $3M per month (cashflow stress) -Team reviewed project to assess costs and completion schedule 17 Project Team Review Path to project completion -Construction is over 80% complete -Contractor making deliberate positive progress -Finish work with contractor (lowest cost and least risk option) Additional $25M funding need -Resolution of change orders and claims -Cost escalation -Increased payment for performance and bond -Remaining construction risk Station opening Nov. 2021 Remaining work -Complete Ramp 1 / Stair 1 (East Side) -Complete East Plaza and West Plaza -Complete Poletti Way work -Bring station amenities online Risks -PG&E – power to the station -AT&T – communication circuits to the station -Poletti Way – tie in with SSF infrastructure and potential utility conflicts Remaining Work and Risks 18 19 Project Cost Summary (amounts shown in Millions) Notes: 1 Funding request for claims resolution 2 Increased construction administration costs from extending contract duration from June 2019 to fall 2021 3 Increased Operations Support 4 Contingency on non-construction related costs 5 Final project cost subject to resolution of contractor claims Description Current Proposed Changes Updated Engineering $2.80 $2.80 ROW/Utilities $6.44 $6.44 Construction $40.21 $20.0(1)$60.21 CM and DSDC $10.50 $3.29(2)$13.79 Administration $8.30 $8.30 Procurement $0.15 $0.15 Operations Support $3.20 $0.91(3)$4.11 Contingency $-$0.81(4)$0.81 Total $71.60 $25.00 $96.60(5) 20 Funding Context • $2.0M request from City of South San Francisco -Construction and approved claims only -Last dollar in -Final funding request from city •Caltrain requesting additional funds from SMCTA on 7/1/21 * Include fund swap with PCEP ($38.827M FTA formula funds) (millions)2015 2017 2019 2021 2022 Total TA Measure A*$49.1 -$11.3 TBD TBD TBD City of SSF $5.9 $2.8 $1.2 $2.0 0 $11.9 JPB -$1.3 ---$1.3 TOTAL $55.0 $4.1 $12.5 $25.0 TBD $96.6 21 Recommendation / Next Steps 22 -Tonight: Request city funding for $2.0M (final request) -July 1: Request SMCTA funding -July 1: Request JPB increased project and contract authority -Open SSF station Nov 2021 -Complete negotiations -Project close out Next Steps 23 Questions 1 FOURTH AMENDMENT TO THE COOPERATIVE AGREEMENT FOR FUNDING OF IMPROVEMENTS TO CALTRAIN RAIL INFRASTRUCTURE AT THE SOUTH SAN FRANCISCO CALTRAIN STATION This Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station (this “Fourth Amendment”) amending that certain Cooperative Agreement dated December 9, 2015 (“Agreement”), by and between the City of South San Francisco, a public body, corporate and politic (“City”), and the Peninsula Corridor Joint Powers Board (“PCJPB”) (together referred to as the “Parties”), is made effective as of _______, 2021 (the “Effective Date”). RECITALS WHEREAS, on December 9, 2015, PCJPB and City entered into the Agreement, pursuant to which City contracted with PCJPB to perform or contract for the performance of all design, project management, construction management, construction engineering and reconstruction related to the South San Francisco Caltrain Station (“Project”); and WHEREAS, pursuant to the Agreement, City agreed to pay PCJPB a sum not to exceed Five Million Nine Hundred Thousand Dollars ($5,900,000.00) for Project reconstruction, including all planning, design, construction/project management, inspection and administration necessary provided in the Agreement; and WHEREAS, the City identified important design changes (“Phase I Design Changes”) to the original 2008 Project design to optimize the safety and pedestrian experience of the Project; and WHEREAS, the Phase I Design Changes were incorporated into the Project at the direction of PCJPB in coordination with the City and SWA Architects; and WHEREAS, the Phase I Design Changes increased the overall costs of the Project and City contribution by up to One Million Three Hundred Thousand Dollars ($1,300,000), related to additional Project engineering, design, and construction through Resolution authorization by the City Council on January 25, 2017; and WHEREAS, the City then identified further design changes (“Phase II Design Changes”) to improve the aesthetic appearance of the Project; and WHEREAS, the Phase II Design Changes were incorporated into the Project at the direction of PCJPB in coordination with the City and SWA Architects; and WHEREAS, the Phase II Design Changes increased the overall costs of the Project and City contribution by up to One Million Five Hundred Thousand Dollars ($1,500,000) 2 related to additional Project design, material upgrades, and contingency funds through Resolution authorization by the City Council on May 10, 2017; and WHEREAS, the Project has been subject to a number of construction delays in 2018 and 2019 (“Construction Delays”), primarily from inclement weather, unanticipated utility relocation issues, negotiations by the City over leased airspace, renewal of a Caltrans encroachment permit, and coordination resulting from the bankruptcy of PG&E; and WHEREAS, the Project has since incurred approximately Seven Million Nine Hundred Thirty-Four Thousand Eight Hundred Dollars ($7,934,800) in additional costs as a result of the Construction Delays; and WHEREAS, in October 2019 the Parties negotiated a division of the increased costs due to the Construction Delays, and the City has agreed to contribute an additional One Million Two Hundred Thousand Dollars ($1,200,000); and WHEREAS, as of June 2021, PCJPB has informed the City that because of further delays in construction of the Project (“Additional Construction Delays”), the Project potentially requires up to an additional Twenty-Five Million Dollars ($25,000,000) in funding to complete; and WHEREAS, the City has agreed to contribute up to an additional Two Million Dollars ($2,000,000) to address the Project costs associated with the Additional Construction Delays. The City’s additional contribution to the Project costs related to the Additional Construction Delays is a not-to-exceed amount and is subject to the conditions listed in this Fourth Amendment; and WHEREAS, the Parties desire to modify the Project cost allocation set forth in the Agreement in order to incorporate the project cost increases. NOW, THEREFORE, the Parties hereto agree as follows: 1. Section 2, FUNDING OF PROJECT, is amended in its entirety to read: 2. FUNDING OF PROJECT. a. Project Cost and Funding. i. The cost of the Project not directly associated with the Design Changes or the Construction Delays or the Additional Construction Delays is $59 million, of which $4 million has previously been expended to complete environmental and final design for the Project. The funding needed to complete the Project, not including the Design Changes, is $55 million, of which $5.9 million, or 10%, is to be provided by the City and $49.1 million is to be provided by San Mateo County Transportation Authority’s (SMCTA) Measure A or other sources. 3 ii. The additional Project cost that is directly associated with engineering, designing and constructing the Project to implement the Phase I Design Changes was projected to be $1.3 million, which was provided by the City. iii. The additional Project cost that is directly associated with designing and constructing the Project to implement the Phase II Design Changes was projected to be up to $1.5 million, which was provided by the City. iv. The additional Project cost that is directly associated with the Construction Delays is projected to be approximately $7,934,800, of which the City will provide $1,200,000. v. The additional Project cost that is associated with the Additional Construction Delays is projected to be approximately $25,000,000. The City will provide up to $2,000,000 to address the additional Project cost associated with the Additional Construction Delays, subject to the conditions listed in subsection 2(b)(v), below. vi. Should the total Project costs exceed the amounts set forth in subsections (i), (ii), (iii), (iv), and (v), PCJPB shall obtain additional funding from non- City sources, shall not request additional funding from City, and shall not reduce the scope of the Project and/or the Phase I and Phase II Design Changes. b. City Contribution to Project. i. City will reimburse the PCJPB up to ten percent (10%) of the Project costs not directly associated with the Design Changes or the Construction Delays or the Additional Construction Delays, in an amount not to exceed $5.9 million, in the manner described below. In addition, City will reimburse the PCJPB 100% of the Project costs directly associated with or resulting from (A) the Phase I Design Changes, in an amount not to exceed $1,300,000, and (B) the Phase II Design Changes, in an amount not to exceed $1,500,000, both in the manner described below. City will reimburse the PCJPB for a portion of the Project costs directly associated with the Construction Delays, in an amount not to exceed $1,200,000. City will reimburse the PCJPB for a portion of the Project costs associated with the Additional Construction Delays, in an amount not to exceed $2,000,000, subject to the conditions listed in subsection 2(b)(v), below. ii. In the event the Project receives additional funds from other sources above and beyond those contemplated herein after the execution of the First, Second, or Third Amendments, City’s and SMCTA’s combined contributions would be reduced by the amount of grant funds secured (10% for City and 90% for SMCTA in the case of Project costs not including the 4 Phase I and II Design Changes; and 100% for City in the case of Project costs associated with the Phase I and II Design Changes.) City’s contribution toward Project costs associated with the Additional Construction Delays shall be the “last money in,” meaning whatever additional funds are obtained by PCJPB for Project costs must be expended before City will provide any portion of City’s contribution toward Project costs associated with the Additional Construction Delays, and City will only make any part of that contribution to the extent necessary to provide complete funding for Project costs. iii. City agrees to pay the PCJPB, on a quarterly basis A. For Project costs not associated with the Phase I and II Design Changes or the Construction Delays: Ten percent (10%) of the Project costs incurred the prior quarter until the total payments reach City’s maximum obligation ($5.9 million or a reduced amount calculated as set forth in paragraph (ii), above) or ten percent of the Project costs (not including costs associated with the Phase I and II Design Changes, the Construction Delays or the Additional Construction Delay), whichever is less; and B. For Project costs associated with the Phase I and II Design Changes: All (100%) of the Project costs incurred in the prior quarter until the total payments reach City’s maximum obligation ($2.8 million or a reduced amount, calculated as set forth in paragraph (ii), above). iv. City agrees to pay the PCJPB, within 30 days of written request by PCJPB, up to $1.2 million for Project costs associated with the Construction Delays, subject to submission of documentation as required by Section 2(b)(vi). v. City agrees to pay the PCJPB, within 30 days of written request by PCJPB, up to $2 million for Project costs associated with the Additional Construction Delays, subject to submission of documentation as required by Section 2(b)(vi) and the following conditions: A. PCPJPB shall request no additional funding City for Project costs. B. City’s contribution toward Project costs associated with the Additional Construction Delays shall be the “last money in,” meaning whatever additional funds are obtained by PCJPB for Project costs must be expended before City will provide any portion of City’s contribution toward Project costs associated with the Additional Construction Delays, and City will only make any 5 part of that contribution to the extent necessary to provide complete funding for Project costs. C. City’s contribution toward Project costs associated with the Additional Construction Delays shall be applied only to actual construction costs, and not to cover Caltrain or PCJPB overhead or staff time. D. Caltrain shall complete the original scope of the Project, including the Phase I and Phase II Design Changes, without any reductions in Project scope, unless specifically coordinated and negotiated with City staff. E. Caltrain shall secure the balance of funding for the Project costs associated with the Additional Construction Delays either from SMCTA or other sources. vi. In each month following the end of a fiscal quarter, the PCJPB must provide city with a billing statement showing actual Project costs incurred and paid for by the PCJPB, other grant funds used for the Project, and City payments to date. PCJPB must enclose appropriate supporting documentation with the billing statement to substantiate actual Project costs. City must review the billing statement and remit the amount due within no more than thirty (30) calendar days of receipt of the billing statement. To the extent City’s payments over the term of this Agreement are less than City’s maximum obligation (i.e., are less than ten percent of Project costs not associated with the Phase I and II Design Changes or Construction Delays, 100% of Project costs associated with the Phase I and II Design Changes, or 15.12% of the Project costs associated with the Construction Delays), the PCJPB’s final billing statement should reflect, and City must pay, the amount necessary to meets its funding commitments hereunder. Notwithstanding the immediately preceding sentence, as provided for in subsection 2(b)(v)(B), City’s contribution toward the Project costs associated with the Additional Construction Delays shall be the “last money in,” and City shall only provide that portion of the $2 million contribution necessary to provide complete funding for the Project costs. 2. All other terms, conditions and provisions in the Agreement not modified by this Fourth Amendment shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 6 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment as of the date first above written. City PCJPB The City Peninsula Corridor Joint Powers Board of South San Francisco ____________________________ _____________________________ Mike Futrell Michelle Bouchard City Manager Acting Executive Director ATTEST: ___________________________ ___________________________ City Clerk PCJPB Secretary APPROVED AS TO FORM: __________________________ __________________________ Legal Counsel for City Legal Counsel for PCJPB City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-506 Agenda Date:6/23/2021 Version:1 Item #:1a. Resolution authorizing the City Manager to execute the Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $2,000,000,subject to conditions,and approving a Budget Amendment to provide funding for the additional contribution. WHEREAS,on December 9,2015,PCJPB and City entered into the Agreement,pursuant to which the City contracted with PCJPB to perform or contract for the performance of all design,project management, construction management,construction engineering and reconstruction related to the South San Francisco Caltrain Station (“Project”); and WHEREAS,pursuant to the Agreement,City agreed to reimburse PCJPB a sum not to exceed $5,900,000 for Project reconstruction,including all planning,design,construction/project management, inspection and administration necessary provided in the Agreement; and WHEREAS,the City,as intended,identified important structural design changes to the original 2008 Project design to optimize the safety and pedestrian experience; and WHEREAS,the structural design changes were incorporated into the Project at the direction of PCJPB in coordination with the City and SWA Architects; and WHEREAS,the City contributed an additional not to exceed $1,300,000 for the City’s requested structure changes detailed in the First Amendment to the original agreement; and WHEREAS,the City contributed an additional not to exceed $1,500,000 for the City’s requested design changes detailed in the Second Amendment to the original agreement; and WHEREAS,the City contributed an additional not to exceed $1,200,000 for the City’s requested design changes detailed in the Third Amendment to the original agreement; and WHEREAS,the Parties desire to amend the Cooperative Agreement with a Fourth Amendment in order to commit additional City funds to partially cover the costs of $25,000,000 in related expenditures; and WHEREAS,the City shall not accept any further requests for additional funds from the PCJPB related to this project; and WHEREAS,the PCJBP agrees these additional funds shall not be applied to PCJPB staff or overhead expenses; City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-506 Agenda Date:6/23/2021 Version:1 Item #:1a. WHEREAS, the PCJPB commits to opening the project to the public by November 2021; and WHEREAS, additional funds will be applied to actual construction costs, and not to cover Caltrain or PCJPB overhead or staff time; and WHEREAS, Caltrain will complete the original scope of the project as well as the scope of work related to all prior contract amendments, thus without any reductions in project scope, unless specifically coordinated and negotiated with City staff; and WHEREAS, Caltrain commits to securing the up to $23 million balance of funding necessary to complete the project, either from SMCTA or other sources. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby: 1.Approve a Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board in an amount not to exceed $2,000,000 and subject to conditions included in the Fourth Amendment. 2.Authorize the City Manager to execute a Fourth Amendment to the Cooperative Agreement for the South San Francisco Caltrain Station with the Peninsula Corridor Joint Powers Board on behalf of the City,consistent with this resolution and including any minor modifications,as deemed necessary,and subject to approval as to form by the City Attorney. 3.Approve a Budget Amendment to the City’s Fiscal Year 2020-2021 Budget,authorizing the appropriation of $2,000,000 from the City’s Infrastructure Reserves and/or East of 101 Traffic Impact Fee Fund in an amount to be determined,to fund the additional City contribution provided for in the Fourth Amendment. ***** City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-517 Agenda Date:6/23/2021 Version:1 Item #:2. Report regarding providing direction to staff on how to proceed with the Council redistricting project of South San Francisco.(Rosa Govea Acosta, City Clerk; Kristen Parks, National Demographics Corporation) RECOMMENDATION It is recommended that the City Council provide direction to staff regarding whether the Council prefers to complete the redistricting process without a commission or using one of the three options to establish a Council Redistricting Commission. BACKGROUND/DISCUSSION The U.S.Constitution requires that everyone residing in the United States be counted every decade.The resulting Census data is used for geographically defining State and local legislative districts.This process is called “redistricting.”According to the California Elections Code,following each decennial Federal census,the Council using that census as a basis,shall adjust the boundaries of any or all the Council Districts so that the districts shall be as nearly equal in population as feasible.Although the City had a similar redistricting process in 2018,the State has made significant statutory reforms to the redistricting process since that time through the Fair Maps Act (AB 849),signed into law in October 2019.In 2018,when the City transitioned to District elections, the Council did not form a commission and completed the districting process with staff and NDC. When redrawing district boundaries,the Council must comply with the requirements of the U.S.Constitution, California Constitution,the Federal Voting Rights Act of 1965,and the California Elections Code.These authorities require each district to have substantially equal population,generally prohibit using race as a predominate criterion for redrawing districts,and prohibit diluting the voting rights of racial or language minority communities.Additionally,based on the updated Elections Code,the updated district boundaries must be redrawn using the following state legal criteria listed in order of priority: 1.Council districts shall be geographically contiguous. 2.The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. 3.Council district boundaries should be easily identifiable and understandable by residents. 4.Council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.Further,districts must not be redrawn to favor or discriminate against any political party. OPTIONS: The City Council may either take on the redistricting project responsibility without establishing a commission or may establish a Redistricting Commission.If the Council decides to complete the redistricting process without a commission,the Council will work directly with consultants and staff on the project.If the Council decides to create a Redistricting Commission, it has three options for the type of commission. The list below outlines options for the three commission formats permitted by the Elections Code along withCity of South San Francisco Printed on 6/21/2021Page 1 of 4 powered by Legistar™ File #:21-517 Agenda Date:6/23/2021 Version:1 Item #:2. The list below outlines options for the three commission formats permitted by the Elections Code along with the corresponding level of responsibility of each.There are also membership eligibility requirements,which are summarized in Attachment A.Additionally,an overview of what we know other cities and ounties are doing is summarized in Attachment B. 1.Advisory Redistricting Commission:This Commission would recommend boundaries to the Council. The Council establishes the manner in which members are appointed to the Commission and makes the appointments,similar to other boards and commissions.City elected officials,family members,staff,or paid campaign staff of a City elected official cannot be appointed to this Commission. 2.Hybrid Redistricting Commission:This Commission would be directed by the Council to recommend two or more maps,after a public process,one of which the Council agrees to adopt without modification.This Commission may not be appointed directly by the Council,so the Council would have to first form a body to make the appointments to the Commission.The Council may recommend the manner in which members are appointed provided the application process is open to all eligible residents.Should the City pursue this option,a pre-defined appointment process would need to be established in order to select Commission members.Members of a Hybrid Commission are subject to similar preservice and post-service limitations as members of an Independent Commission,discussed below. 3.Independent Redistricting Commission:This Commission would be authorized by the Council to adopt new boundaries without returning to the Council for approval.This Commission may not be appointed directly by the Council,but the Council may recommend the manner in which members are appointed provided the application process is open to all eligible residents.Should the City pursue this option,a pre-defined appointment process would need to be established in order to select Commission members.Commissioners must pass an extensive list of possible disqualifications and there are post- service limitations on their ability to run for local office,serve on a local board or commission,seek city employment or otherwise contract with the City. The Advisory Redistricting Commission would evaluate the existing boundaries of the Council Districts and develop options for boundary adjustments to account for population and demographic changes that have occurred between the 2020 and 2010 census.Public hearings will be conducted to consider any proposal to adjust the boundaries of a district.Ultimately the Advisory Redistricting Commission would make a recommendation to the Council for district boundaries, which would be subject to approval by the City Council. KEY DATES & DEADLINES Under current state law,the Council must adopt boundaries no later than 205 days prior to the City’s next regular election held after January 1,2022.The City’s next regular election after January 1,2022 is the statewide general election,which is presently scheduled for November 8,2022.April 17,2022 is 205 days prior to the November 8, 2022 general election. Based on this,the Council would need to adopt an ordinance redrawing the Council boundaries no later than March 24,2022.If the Council fails to adopt the new boundaries by April 17,2022,the Council shall immediately file a petition with the Superior Court within five days for an order adopting district boundaries. The U.S.Census Bureau typically releases census data by March.As a result of delays caused by the ongoing COVID-19 pandemic,this date has been postponed to September 30,2021.The State will also need to City of South San Francisco Printed on 6/21/2021Page 2 of 4 powered by Legistar™ File #:21-517 Agenda Date:6/23/2021 Version:1 Item #:2. COVID-19 pandemic,this date has been postponed to September 30,2021.The State will also need to reallocate State prisoners to their appropriate County,and it is anticipated that this will take up to 30 days before the final census data is received.Consequently,the City might not receive final census data until late October 2021. PROPOSED TIMELINE: The timeline is subject to change based on the release of census data and possible changes in state deadlines through proposed legislation. Ø May - June 2021:Project Planning & Initial Outreach §Determination of process and commission type, if any. §Determine public mapping tool. §Launch Redistricting Website. §Outreach begins. Ø July - August 2021:Initial Data Analysis & Initial Hearings/Forums §Population, demographic, socio-economic analysis and matching. §Initial hearings including an overview of the redistricting laws and criteria. §July 14 and July 28, 2021 proposed dates for 1st and 2nd public hearing. §Additional outreach to the public. Ø September 2021- March 2022:Draft Map Preparation & Review §2020 Census total population counts released,and California Statewide Database completes “prison adjustments”of the data.Total population counts in outreach materials and mapping tools are updated with the official Census data. §Hearing(s)to review the draft maps,narrow down the list of initial draft maps,and provide direction on any desired new or revised maps. Ø April 17, 2022:Map Adoption §The target date for adoption of the final map is March 24, 2022. The City’s Redistricting efforts will ensure that Council districts comply with State requirements and achieve appropriate representation for South San Francisco constituents. FISCAL IMPACT There is no increase in the city’s costs associated with the recommended action.If the Council chooses to form a committee,members will be appointed to serve on a volunteer basis.The City Clerk has retained the services of National Demographics Corporation (NDC)as the demographer and consultant for public outreach and to assist the City as this process moves forward.The current consultant cost is approximately $60,000 and sufficient appropriations are included in the FY 2020-21 Adopted Budget for the Office of the City Clerk. CONCLUSION It is recommended that the City Council provide direction to staff regarding whether the Council prefers to complete the redistricting process without a commission,or whether to use one of the commission options.If the Council prefers to use one of the commission options,it is recommended that the Council provide direction about what form of commission to use City of South San Francisco Printed on 6/21/2021Page 3 of 4 powered by Legistar™ File #:21-517 Agenda Date:6/23/2021 Version:1 Item #:2. City of South San Francisco Printed on 6/21/2021Page 4 of 4 powered by Legistar™ ATTACHMENT A Commission Member Eligibility Requirements Option 1 - Advisory Redistricting Commission: Based on Elections Code sections 23002, individuals appointed to an Advisory Redistricting Commission cannot be elected officials of the city and they also cannot be family member 1, staff member, or paid campaign staff of any elected City officials. Option 2 & 3 - Hybrid or Independent Redistricting Commission: Under Elections Code section 23003, a person shall not be appointed to a Hybrid or Independent Redistricting Commission if any of the following apply: ∗ In the eight years preceding their application:  A person or any family member of the person elected or appointed to, or been a candidate for, a city elected office.  A person or his or her spouse has:  Served as an officer, employee, or paid consultant to a campaign committee, a candidate for a city elected office, or a political party.  Served as an elected or appointed member of a political party central committee.  Served as a staff member or consultant to, or contracted with, a currently serving Councilmember.  Been registered to lobby the city.  Contributed $500 or more in a year to a candidate for a city elective office. ∗ In the four years preceding his or her application:  a family member of the person, other than his or her spouse has:  Served as an officer, employee, or paid consultant to a campaign committee, a candidate for City elective office, or a political party.  Served as an elected or appointed member of a political party central committee.  Served as a staff member or consultant to, or contracted with, a currently serving Councilmember.  Been registered to lobby the city.  Contributed $500 or more in a year to a candidate for a city elective office. A Hybrid or Independent Redistricting Commission cannot include members who are all registered to vote with the same political party preference, and members are further restricted from doing any of the following: 1 Elections Code section 23000, subdivision (b), defines “family member” as “a spouse, parent, sibling, child or in- law. ATTACHMENT A  Endorse, work or volunteer for, or make a campaign contribution to a candidate for a city elected office while serving on the Commission.  Be a candidate for a city elective office if any of the following is true:  Less than five years has elapsed since the date the member was appointed to the Commission; and  The election for that office will be conducted using the boundaries adopted by the Commission on which the member served or adopted by the Council pursuant to a recommendation by the Commission on which the member served, and those boundaries have not been readopted by a commission or the Council after the end of the member’s term.  For four years from the date of their appointment to the Commission:  Accept employment as a staff member or consultant to a city elected official or candidate for City elected office.  Receive a noncompetitively bid contract with the City.  Register as a lobbyist for the city.  For two years from the date of appointment to the Commission, accept appointment to a city office. ATTACHMENT B City Redistricting Options Sample Survey Attachment is not exhaustive, but a sampling based on information currently available CITY OPTION San Mateo County City of Burlingame No Commission - Began transition to District elections on January 4, 2021. City of Hall Moon Bay Redistricting Advisory Committee (7 members) City of Menlo Park No Commission City of Redwood City Advisory Redistricting Committee (11 members) City of San Bruno No Commission – Scheduled to begin transition to District elections County of San Mateo Advisory Redistricting Committee (11 members) Alameda County City of Berkeley Independent Redistricting Commission (8 members – 1 appointee and 1 alternate from each District) San Francisco County City of San Francisco Independent Redistricting Commission (9 members) June 9, 2021 1 Introduction to Redistricting June 23, 2021 City of South San Francisco June 9, 2021 2 Demographic Summary of Existing Districts Estimates using official 2020 demographic data and NDC’s estimated total population figures. Each of the 5 districts must contain about 13,500 people. South San Francisco -Current Districts District 1 2 3 4 5 Total 2020 2020 Est. Total Pop 13,100 13,504 14,278 14,124 12,531 67,538 Deviation from ideal -407 -4 770 617 -976 1,746 % Deviation -3.01%-0.03%5.70%4.57%-7.23%12.93% 2010 Total Pop % Hisp 31%10%42%26%62%34% % NH White 24%13%22%37%13%22% % NH Black 3%4%2%2%2%3% % Asian-American 38%69%30%31%18%37% Citizen Voting Age Pop Total 9,541 9,767 9,936 10,985 6,894 47,122 % Hisp 25%10%39%23%48%28% % NH White 30%13%23%38%15%25% % NH Black 1%5%2%2%5%3% % Asian/Pac.Isl.42%70%35%37%32%44% Immigration immigrants 35%52%40%32%42%40% naturalized 72%77%69%79%56%71% Language spoken at home english 53%37%39%56%30%43% spanish 18%8%34%12%48%23% asian-lang 25%48%22%23%16%27% other lang 4%7%5%9%5%6% Education (among those age 25+) hs-grad 41%33%42%45%48%42% bachelor 29%34%25%26%16%26% graduatedegree 11%12%8%10%6%9% Child in Household child-under18 26%31%33%28%42%32% Housing Stats single family 63%72%69%81%59%69% multi-family 37%28%31%19%41%31% rented 41%21%46%32%57%39% owned 59%79%54%68%43%61% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2014- 2018 American Community Survey and Special Tabulation 5-year data. June 9, 2021 3 Commission Options 1.Advisory ■Develops a map or maps that the Council adopts or revises ■Initial startup takes 4+ weeks, can be longer ■Adds a minimum of 2 weeks to the schedule 2.Independent ■Adopts a map with no Council review ■Initial startup takes 6 -8 weeks ■Roughly the same timeline as a Council-controlled process 3.Hybrid ■Develops two maps and the Council must adopt one or the other ■Initial startup takes 6 -8 weeks ■Adds a minimum of 2 weeks to the schedule June 23, 2021 June 9, 2021 4 Legal Requirements Elections Code Section 23000 ‣Advisory Commission: ■Appointed by Council ■No elected officials, family members or paid campaign staff ■No extra mapping criteria ‣Independent or Hybrid Commission: ■Council sets appointment process, but may not directly appoint ■Extensive restrictions on commission member qualifications ■Additional mapping criteria: “shall not draw districts for the purpose of favoring or discriminating against a political party or an incumbent or political candidate” June 23, 2021 June 9, 2021 5 Redistricting Rules and Goals ◻Equal population ◻Federal Voting Rights Act ◻No racial gerrymandering 1. Federal Laws 2. California’s Ranked Criteria 1.Geographic contiguity 2.Undivided neighborhoods and “communities of interest” 3.Easily identifiable boundaries 4.Compactness (Do not bypass one group of people to get to a more distant group of people) Prohibited: “Shall not favor or discriminate against a political party.” 3. Other Goals & Traditional Principles ◻Minimize voters shifted to different election years ◻Respect voters’ choices / continuity in office ◻Future population growth ◻Preserving the core of existing districts June 23, 2021 June 9, 2021 6 Public Mapping & Map Review Tools These tools are designed as ways to empower residents. There is no requirement to use them. June 23, 2021 June 9, 2021 7 Caliper’s “Maptitude Online Redistricting” Powerful Online Mapping Tool ‣Popular, data-rich online tool ‣Six language options: English, Spanish, Portuguese, Vietnamese, Mandarin and Korean June 23, 2021