HomeMy WebLinkAbout2021-09-21 e-packet@6:00Tuesday, September 21, 2021
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
HYBRID IN-PERSON/VIRTUAL MEETING
September 21, 2021Special City Council Special Meeting Agenda
HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
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 may 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.
This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20,
N-63-20 and N-08-21 allowing for deviation of Teleconference Rules required by the Brown Act & pursuant
to the order of San Mateo County Department of Public Health regarding gatherings during the coronavirus
(COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of South San
Francisco will hold the meeting through a hybrid of in -person attendance with the City Council, designated staff,
and limited members of the public at the City Council Chambers and through the virtual platform, Zoom .
In-person attendance by members of the public will be subject to maximum capacity and current health and
safety protocols.
American Disability Act:
The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with
Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South
San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief
description of the requested materials, and preferred alternative format service at least 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 all-cc@ssf.net, 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.
Page 2 City of South San Francisco Printed on 9/29/2021
September 21, 2021Special City Council Special Meeting Agenda
ZOOM LINK BELOW -NO REGISTRATION REQUIRED
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How to submit written Public Comment before the City Council Meeting:
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visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application
used by City Council and staff.
How to provide Public Comment during the City Council Meeting:
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unmute when called.
By One tap mobile: US: +16699006833,,82979108741# or +13462487799,,82979108741#
2) Online at: https://ssf-net.zoom.us/j/82979108741
a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your
turn to speak.
b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified
shortly before they are called to speak.
c. When called, please limit your remarks to the time limit allotted.
IN-PERSON: Please complete a Digital Speaker Card located at the entrance to the Council Chamber ’s. Be
sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name
is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS
ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation.
Page 3 City of South San Francisco Printed on 9/29/2021
September 21, 2021Special City Council Special Meeting Agenda
Call to Order.
Roll Call.
Agenda Review.
PRESENTATIONS
Presentation acknowledging City Hall’s 101st Birthday. (Josh Becker, California State
Senator)
1.
Proclamation recognizing October as Fire Prevention Month. (Mark Addiego, Mayor)2.
Proclamation recognizing October as National Filipino American History Month.
(Mark Nagales, Vice Mayor)
3.
Proclamation recognizing October 11th, 2021 as Indigenous Peoples’ Day. (Buenaflor
Nicolas, Council Member)
4.
PUBLIC COMMENTS - Comments are limited to items on the Special Meeting Agenda.
CONSENT CALENDAR
Report regarding a resolution authorizing acceptance of $1,000,000 from the South
San Francisco Friends of the Library, to support the New Main Library as part of the
Community Civic Campus project. (Valerie Sommer, Library Director)
5.
Resolution authorizing acceptance of $1,000,000 from South San Francisco Friends of
the Library, to support the New Main Library as part of the Community Civic
Campus project.
5a.
Report regarding a resolution authorizing acceptance of $16,664.35 in donations for
the Community Learning Center in memory of former Assembly member, Mayor and
Council member Gene Mullin, and approving Budget Amendment 22.019 increasing
the Library Department’s Fiscal Year 2021-2022 Operating Budget. (Valerie
Sommer, Library Director)
6.
Resolution authorizing the acceptance of $16,664.35 in donations for the Community
Learning Center in memory of former Assembly member, Mayor and Council
member Gene Mullin, and approving Budget Amendment 22.019 increasing the
Library Department’s Fiscal Year 2021-2022 Operating Budget.
6a.
Page 4 City of South San Francisco Printed on 9/29/2021
September 21, 2021Special City Council Special Meeting Agenda
Report regarding a resolution amending previous resolutions for the Community Civic
Campus Phases I and II to authorize reallocation of previously authorized funds and
increase the Phase I construction and project budgets as a result of the reallocations.
(Jacob Gilchrist, Director of Capital Projects)
7.
Resolution amending previous resolutions for the Community Civic Campus Phases I
and II to authorize reallocation of previously authorized funds and increase the Phase I
construction and project budgets as a result of the reallocations.
7a.
Report regarding adoption of a resolution to continue conducting City Council and
advisory body meetings remotely due to health and safety concerns for the public and
making related findings (Rosa Govea Acosta, City Clerk and Sky Woodruff, City
Attorney)
8.
Resolution of the City Council of the City of South San Francisco Declaring the Need
for the City Council and advisory bodies to continue to be able to meet remotely in
order to ensure the health and safety of the public and making related findings.
8a.
PUBLIC HEARING
Report regarding holding a public hearing on the Program Year (PY) 2020-21
Consolidated Annual Performance and Evaluation Report (CAPER) for the
Community Development Block Grant Program and adopting a resolution approving
the PY 2020-21 CAPER and authorizing its submittal to the U.S. Department of
Housing and Urban Development. (Heather Ruiz, Management Analyst)
9.
Resolution approving the Program Year (PY) 2020-21 Consolidated Annual
Performance and Evaluation Report (CAPER) for the Community Development
Block Grant Program and adopting a resolution approving the PY 2020-21 CAPER
and authorizing its submittal to the U.S. Department of Housing and Urban
Development.
9a.
ADMINISTRATIVE BUSINESS
Report regarding a Motion to conceptually approve the five-year sewer rate plan and
directing staff to prepare sewer rate plan notices under Proposition 218. (Mike Futrell,
City Manager, Janet Salisbury, Finance Director, Eunejune Kim, Public Works
Director/City Engineer, and Brian Schumacker, Plant Superintendent)
10.
Report regarding a resolution authorizing the City Council to approve budget
amendment 22.017 appropriating $1 million of American Relief Plan Act (ARPA)
funding for broadband expansion and to reimburse the City for the community
outreach program. (Tony Barrera, Director of Information Technology)
11.
Page 5 City of South San Francisco Printed on 9/29/2021
September 21, 2021Special City Council Special Meeting Agenda
Resolution authorizing the City Council to approve budget amendment 22.017
appropriating $1 million of American Relief Plan Act (ARPA) funding for broadband
expansion and to reimburse the City for the community outreach program.
11a.
CLOSED SESSION
Conference with Labor Negotiators
(Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mike Futrell, City Manager; Sharon Ranals,
Assistant City Manager; Leah Lockhart, Director of Human Resources
Employee organizations: AFSCME Local 829, IUOE Local 39, IAFF Local 1507,
Police Association, Public Safety Managers, Teamsters Local 856 - Confidential,
Teamsters Local 856 - Mid-management
Unrepresented employees: Executive Management
12.
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: City property at Oyster Point (APN 015-010-970)
City Negotiators: Nell Selander, Interim Director of Economic and Community
Development; Ernesto Lucero, Economic Development Coordinator
Negotiating Party: Ensemble Investments
Under Negotiations: Price and terms
13.
ADJOURNMENT
Page 6 City of South San Francisco Printed on 9/29/2021
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-731 Agenda Date:9/21/2021
Version:1 Item #:1.
Presentation acknowledging City Hall’s 101st Birthday.(Josh Becker, California State Senator)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-732 Agenda Date:9/21/2021
Version:1 Item #:2.
Proclamation recognizing October as Fire Prevention Month.(Mark Addiego, Mayor)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-733 Agenda Date:9/21/2021
Version:1 Item #:3.
Proclamation recognizing October as National Filipino American History Month.(Mark Nagales, Vice Mayor)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-734 Agenda Date:9/21/2021
Version:1 Item #:4.
Proclamation recognizing October 11th, 2021 as Indigenous Peoples’ Day.(Buenaflor Nicolas, Council
Member)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-700 Agenda Date:9/21/2021
Version:1 Item #:5.
Report regarding a resolution authorizing acceptance of $1,000,000 from the South San Francisco Friends of
the Library,to support the New Main Library as part of the Community Civic Campus project.(Valerie
Sommer, Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $1,000,000 from the
South San Francisco Friends of the Library (FOL)to support the New Main Library as part of the Community
Civic Campus project.
BACKGROUND/DISCUSSION
The FOL has received a generous bequest from former FOL member and library patron William D.(Bill)
Kokezas and has set aside $1,000,000 of these funds as a donation to support the New Main Library and
Community Center project.Bill passed away on May 5,2020;the FOL was a significant beneficiary of his
Estate.Probate closed on June 2,2021 and funds were wired to the FOL shortly thereafter.Both Bill and his
sister Kathleen were very appreciative of library staff and collections and were longtime members and
supporters of the FOL.
The South San Francisco Friends of the Library advocates for and supports the diversity of library services,
programs and collections:
·Promotes community support and use of the library
·Informs members about issues affecting the library
·Sponsors special events and provides program funding
·Raises funds for supplemental materials and equipment
·Supports literacy projects, funding and advocacy
The FOL meet quarterly,in January,April,July and October.At these quarterly meetings they have been
setting aside funds toward the New Main Library project.To date,the FOL has donated $5,000 to the South
San Francisco Public Library Foundation to support the New Main Library.As our project has moved forward,
with a projected grand opening in summer 2023,FOL is in the desirable place of donating an additional
$1,000,000 to the project.FOL has expressed interest in directing funds to support the third floor Marketplace,
Reading Lobby,and Friends Book Sale areas.In addition,the FOL have approximately $30,000 set aside that
may be used for specific amenities closer to project completion,such as for an Opening Day collection of high-
interest materials.We anticipate a plaque noting their generous donation via the Kokezas bequest and will
bring this request to the City Council Naming Committee, Ad-Hoc.
FISCAL IMPACT
The $1,000,000 donation from the FOL to the City of South San Francisco stipulates that the funds be used to
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File #:21-700 Agenda Date:9/21/2021
Version:1 Item #:5.
The $1,000,000 donation from the FOL to the City of South San Francisco stipulates that the funds be used to
support the New Main Library as part of the Community Civic Campus.Budget adjustments related to
fundraising for the New Main Library and Community Center will be made by the Finance Department.
RELATIONSHIP TO STRATEGIC PLAN
Building a New Library-Parks and Recreation Facility as part of the Civic Campus is an action item in the City
Strategic Plan under Priority #3:Quality of Life.This funding will support the New Main Library in the
Community Civic Campus project.
CONCLUSION
Acceptance of this funding will support important and accessible library spaces in the New Main Library and
Community Center.It is recommended that the City Council accept $1,000,000 funding from the FOL to
support the New Main Library as part of the Community Civic Campus project.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-701 Agenda Date:9/21/2021
Version:1 Item #:5a.
Resolution authorizing acceptance of $1,000,000 from South San Francisco Friends of the Library,to support
the New Main Library as part of the Community Civic Campus project.
WHEREAS,the South San Francisco Friends of the Library (FOL)has received a generous bequest from
former FOL member and library patron William D. (Bill) Kokezas; and
WHEREAS,the FOL has set aside $1,000,000 of these funds as a donation to support the New Main Library
and Community Center project; and
WHEREAS, the FOL advocates for and supports the diversity of library services, programs and collections; and
WHEREAS,the $1,000,000 donations from the FOL to the City of South San Francisco stipulates that the
funds be used to support the New Main Library as part of the Community Civic Campus.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby
accepts $1,000,000 in donations from the South San Francisco Friends of the Library,to support the New Main
Library as part of the Community Civic Campus project.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to use professional judgement
to make corrections to the adopted budget schedules as necessary to support the New Main Library as part of
the Community Civic Campus project,including appropriate transfers between funds in an amount not to
exceed $1,000,000 to support the capital improvement project referenced herein.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-702 Agenda Date:9/21/2021
Version:1 Item #:6.
Report regarding a resolution authorizing acceptance of $16,664.35 in donations for the Community Learning
Center in memory of former Assembly member,Mayor and Council member Gene Mullin,and approving
Budget Amendment 22.019 increasing the Library Department’s Fiscal Year 2021-2022 Operating Budget.(
Valerie Sommer, Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $16,664.35 in
donations for the Library’s Community Learning Center (CLC)in memory of former Assembly member,
Mayor and City Council member Gene Mullin,and approving Budget Amendment 22.019 increasing the
Library Department’s Fiscal Year 2021-2022 Operating Budget.
BACKGROUND/DISCUSSION
Former Assembly member,Mayor and City Council member Eugene R.Mullin (Gene)passed away on April 5,
2021.Prior to his passing,Gene designated the CLC for memorial donations in his honor following his death.
Gene was on City Council during the planning,renovation and startup of the CLC and was heavily involved in
community meetings and outreach leading up to CLC program focus on family support,community capacity
building,ESL classes,literacy programming,and afterschool homework programs for elementary school
children.The CLC opened on March 20,2001;Gene was Vice Mayor on opening day and his name is
memorialized on the building plaque.After State Assembly and City Council service,Gene continued to
promote and support CLC and library programs and services.As the Vice President of the South San Francisco
Public Library Foundation,donations in his honor to the Foundation and directly to the CLC to support ongoing
services and programs of the CLC, is an important part of Gene’s legacy.
Donations received in Gene’s honor include:
·$13,459.75 via the SSFPL Foundation
·$3,204.60 via donations to the CLC donations account
FISCAL IMPACT
Donations totaling $16,664.35 will be used to support special CLC programs and services identified by staff
and program participants.This funding is separate from General Fund accounts and will be used to enhance
programs and services.Funds will be used to amend the Library Department’s current FY 2021-2022 Operating
Budget per Budget Amendment 22.019.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of these funds supports the City’s Strategic Plan under Priority #3 Quality of life,by enhancing and
strengthening the CLC’s educational, family support and community capacity building programs.
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File #:21-702 Agenda Date:9/21/2021
Version:1 Item #:6.
CONCLUSION
Acceptance of funding in the amount of $16,664.35 donated in memory of Gene Mullin will support literacy
programs and services at the CLC.It is recommended that the City Council accept $16,664.35 in donations and
approve Budget Amendment 22.019.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-703 Agenda Date:9/21/2021
Version:1 Item #:6a.
Resolution authorizing the acceptance of $16,664.35 in donations for the Community Learning Center in
memory of former Assembly member,Mayor and Council member Gene Mullin,and approving Budget
Amendment 22.019 increasing the Library Department’s Fiscal Year 2021-2022 Operating Budget.
WHEREAS,the City of South San Francisco (City)Library Department established the Community Learning
Center (CLC) to assist adults and their families in reaching their educational goals; and
WHEREAS,Former Assembly member,Mayor and City Council member Eugene R.Mullin (Gene)passed
away on April 5, 2021 and designated the CLC for memorial donations in his honor following his death; and
WHEREAS,Gene Mullin was heavily involved in the planning and startup of the CLC and continued to
support CLC and library programs and services throughout his career; and
WHEREAS, $13,459.75 were donated via the South San Francisco Public Library Foundation; and
WHEREAS, $3,204.60 were donated directly to the CLC donations account; and
WHEREAS,acceptance of these funds supports the enhancing and strengthening of the CLC’s educational,
family support and community capacity building programs.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby accepts $16,664.35 in donations in honor of Gene Mullin and approves Budget Amendment
22.019 increasing the Library Department’s Fiscal Year 2021-2022 Operating Budget.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-710 Agenda Date:9/21/2021
Version:1 Item #:7.
Report regarding a resolution amending previous resolutions for the Community Civic Campus Phases I and II
to authorize reallocation of previously authorized funds and increase the Phase I construction and project
budgets as a result of the reallocations.(Jacob Gilchrist, Director of Capital Projects)
RECOMMENDATION
Staff recommends City Council amend previous resolutions for the Community Civic Campus Phases I and II
to authorize reallocation of previously authorized funds and increase the Phase I construction and project
budgets as a result of the reallocations.
BACKGROUND/DISCUSSION
The purpose of the resolution attached to this report is to consolidate previous City Council funding decisions
for Phase I and Phase II of the Civic Campus Project by amending previously adopted resolutions to align with
other City construction contracts,and confirm the expenditure of $2,000,000 for the installation of a
photovoltaic system at both Phases I and II of the Community Civic Campus.
On January 8,2020,City Council approved the award of a contract for the Community Civic Campus:Phase I
Police Operations and 911 Dispatch Center and approved a total construction budget of $52,553,015,with a
total project budget of $56,857,615.On November 9,2020 City Council approved the award of a contract for
the Community Civic Campus:Phase II Library,Parks &Recreation and Community Theater /Council
Chamber and approved a total construction budget of $91,372,971,with a total project budget of $101,000,000.
On June 23,2021 City Council approved the Capital Improvement Program for FY 2021-22,including
$78,000,000 toward the Community Civic Campus Phase II,thereby increasing the total project budget to
Phase II from $101,000,000 to $103,000,000,by adding $2,000,000 to be used specifically for the planning,
design,and installation of a photovoltaic system.However,while the intent was that the $2,000,000 fund a
photovoltaic system at both Phases I and II, the CIP placed the funding specifically in the budget for Phase II.
The proposed resolution amends the previous resolutions in two ways.First,it amends Resolution 07-2020 by
authorizing the City Manager to utilize any unspent amount of the total Project Budget for Phase I,if necessary,
towards additional construction contingency costs,thereby increasing the construction contract by that same
amount.This is consistent with Resolution 162-2020 for Phase II and is a standard practice of our Public Works
Department.It does not authorize the City Manager to exceed the overall Project Budget approved by City
Council.Second,this proposed resolution amends Resolution 129-2021 to allow up to $700,000 from "Fund
519-LPR Bonds"be spent on the photovoltaic array for Community Civic Campus Phase I.In Resolution 129-
2021,City Council authorized the use of $2,000,000 for the photovoltaic system but did not expressly authorize
the use of any of those funds for Phase I.The proposed resolution would provide authority,as Council intended,
to spend up to $2,000,000 total from this fund for solar panels at both Phases I and II,with $700,000 allocated
for the Phase I system.
FISCAL IMPACT
There is no additional fiscal impact.The proposed amendments address the reallocation of funds previously
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File #:21-710 Agenda Date:9/21/2021
Version:1 Item #:7.
approved within the overall Community Civic Campus budget. No additional appropriation is required.
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
In conclusion,staff recommends City Council amend previous resolutions for the Community Civic Campus
Phases I and II to authorize reallocation of previously authorized funds and increase the Phase I construction
and project budgets as a result of the reallocations.
Attachments:
1.Resolution 07-2020
2.Resolution 162-2020
3.Resolution 129-2021
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City of South San Francisco
P.O. Box 711 (city Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 162-2020
File Number: 20-796 Enactment Number: RES 162-2020
RESOLUTION AWARDING A CONSTRUCTION
CONTRACT TO SWINERTON BUILDERS OF SAN
FRANCISCO, CALIFORNIA FOR THE CAPITAL
IMPROVEMENT PROJECT NO. PF1707 (BID NO.
2645) IN AN AMOUNT NOT TO EXCEED
91,372,971.00, AND AUTHORIZING A TOTAL
PROJECT BUDGET OF $101,000,000.00.
WHEREAS, the Community Civic Campus project completed a prequalification process for
general contractors; a total of six general contractors were prequalified and of those six, four submitted a
bid; Swinerton Builders is the lowest responsible bidder; and
WHEREAS, Swinerton Builders will be subject to Prevailing Wage rates and compliance with City
Council approved Project Labor Agreement (PLA) executed on January 9, 2019 ; and
WHEREAS, total construction duration is 28 months; 840 calendar day construction period from
date of Notice to Proceed,which includes a clause for liquidated damages in the amount of $8,000.00 for
each calendar day delay in completion; and
WHEREAS, Swinerton Builders will comply with insurance requirements as outlined in Article 11
of the General Conditions and provide corresponding Labor and Material Payment Bond and a
Contractor's Performance Bond in the amount of 100% of contract price; and
WHEREAS, City staff recommends execution of the Owner -Contractor agreement for the
construction of the Phase II: Library, Parks & Recreation and Community Theater / Council Chamber
project; and
WHEREAS, funding for this project is included in the City of South San Francisco's Community
Civic Campus program budget project pfl 707; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco
that the City Council hereby awards a construction contract, a draft of which is attached hereto as
Exhibit A, for the Community Civic Campus: Phase II Library, Parks & Recreation and Community
Theater / Council Chamber Project to SWINERTON BUILDERS of San Francisco, California, in an
amount not to exceed $91,372,971.00 conditioned on a construction period of 840 calendar days from
Notice to Proceed, on timely execution of the Project contract, and submission of all required
documents, including but not limited to certificates of insurance and endorsement, in accordance with
the Project documents.
City of South San Francisco Page 1
File Number. 20-796 Enactment Number. RES 162-2020
BE IT FURTHER RESOLVED the City Council authorizes a total Project budget of
101,000,000.00 and authorizes the City Manager to utilize unspent amount of the total Project budget,
if necessary, towards additional construction contingency budget.
BE IT FURTHER RESOLVED the City Council authorizes the Finance Department to establish
the Project Budget consistent with the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement and any other related documents on behalf of the City upon timely submission by
SWINERTON BUILDERS of the signed contract and all other documents, subject to approval by the
City Attorney.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other
related actions consistent with the intention of the resolution.
At a meeting of the City Council on 11/9/2020, a motion was made by Mayor Garbarino, seconded by
Councilmember Matsumoto, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
l
Attest by 4/
Fate, Rosa G ea Acosta, City Clerk
City of South San Francisco Page 2
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
SECTION 00500
CITY OF SOUTH SAN FRANCISCO
OWNER -CONTRACTOR AGREEMENT
FOR THE
MEASURE W — COMMUNITY CIVIC CAMPUS: PHASE 2 LIBRARY, PARKS &
RECREATION AND COMMUNITY THEATER/CONCIL CHAMBER PROJECT
THIS AGREEMENT made and entered into this , day of ,
between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and
political subdivision of the State of California, hereinafter called "OWNER," and
Contractor>, Inc., hereinafter called "CONTRACTOR".
In consideration of the mutual covenants and agreements set forth herein,
CONTRACTOR and OWNER hereby agree as follows:
ARTICLE I
CONSTRUCTION
Subject to and in accordance with the terms of this Agreement, the
CONTRACTOR shall do all the work and furnish all the labor, services, materials and
equipment necessary to construct and complete, in accordance with the CONTRACT
DOCUMENTS (as hereinafter defined) in a good, workmanlike and substantial manner
and to the satisfaction of OWNER, SOUTH SAN FRANCISCO MEASURE W —
COMMUNITY CIVIC CAMPUS: PHASE 2 LIBRARY, PARKS & RECREATION AND
COMMUNITY THEATER/COUNCIL CHAMBER (LPR) PROJECT ("PROJECT") upon
that real property located in South San Francisco, California more particularly depicted
on Exhibit A (the "Site"). The PROJECT is that described and reasonably inferable from
the drawings and specifications and documents enumerated in Exhibit B. Such
construction and furnishing of labor, services, materials and equipment and the
performance of CONTRACTOR's other services and obligations required by the
CONTRACT DOCUMENTS are hereinafter referred to as the "WORK." The term
CONTRACT DOCUMENTS" or "CONTRACT" shall mean all of the items enumerated
The term "Contractor' as used herein is employed without distinction as to either number or gender and shall
include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and
business or social invitees of Contractor.
00500-1
OWNER -CONTRACTOR
Community Civic Campus, Phase 2 LPR AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
in Exhibit B, and all change orders or addenda issued with respect to the works and
improvements described, mentioned, and set forth including this Agreement.
ARTICLE II
CONTRACT SUM
OWNER shall pay and CONTRACTOR shall accept as full compensation for the
WORK the sum ("CONTRACT SUM") set forth in Exhibit C.
ARTICLE III
TIME FOR PERFORMANCE
The Contractor shall complete all Work under the CONTRACT DOCUMENTS within
eight -hundred and forty (840) calendar days of the effective date of the Notice to
Proceed ("Scheduled Completion Date"). The CONTRACTOR shall begin work within
seven (7) calendar days from the issuance of the Notice to Proceed, and shall diligently
perform all of the work under this Contract in all parts and requirements as defined in
the CONTRACT DOCUMENTS.
In addition to the above;
1. All close-out documentation shall be submitted to the Owner no later than sixty
60) days after Substantial Completion.
Section 3.1. Definitions.
The following are definitions as used in this Agreement:
The term "Completion Date" shall mean the date that all the WORK is substantially
complete.
The term "Direct Costs" shall mean the premium portion of overtime pay (i.e., the
amount in excess of their regular hourly rate), the labor cost of adding additional
workers to perform a task in excess of the number of workers CONTRACTOR
reasonably had planned to use, equipment costs in excess of equipment
CONTRACTOR reasonably had planned to use, and such other items of cost requested
in advance by CONTRACTOR and approved by OWNER.
The term "Excusable Delay" shall mean an actual delay in the performance of the
WORK on the Project's Critical Path by CONTRACTOR caused by any of the following
only if such events are beyond the reasonable control of CONTRACTOR despite
00500-2
OWNER -CONTRACTOR
Community Civic Campus, Phase 2 LPR AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
CONTRACTOR having taken all reasonable attempts to prevent, avoid delay and
mitigate the effects thereof:
A. An act or omission of OWNER, or by an employee, agent or representative of
OWNER (other than by reason of the proper exercise of their respective rights,
duties and obligations under the CONTRACT DOCUMENTS) except as provided
in Section 7102 of the Public Contract Code; or
B. A fire, flood, unusually severe and abnormal weather conditions, rain in excess of
the anticipated average number of rain days per year over a ten (10) year period
based on historic weather data, war, embargo, sabotage, hurricane, earthquake,
tornado; or
C. An injunction that prevents performance of the WORK, except for legal actions
initiated by CONTRACTOR, any subcontractor or supplier, or an injunction or
legal action that resulted from the acts or omissions of CONTRACTOR or any
subcontractor or supplier; or
D. A general strike, regulatory delays, strikes in or losses during transportation, or
other similar event which is beyond CONTRACTOR'S control.
The CONTRACTOR acknowledges that actual delays in activities that do not affect the
completion time ("non-critical delays") do not have any effect upon the Scheduled
Completion Date, and therefore, will not constitute an "Excusable Delay" nor be a basis
for changing the Scheduled Completion Date. The CONTRACTOR acknowledges that
time extensions will be granted only to the extent that Excusable Delays exceed the
available float in the PROJECT Schedule. Nothing herein excused CONTRACTOR
from its obligation to mitigate damages.
The term "Final Completion" shall mean the completion of all the WORK including
punch list items.
The term "Notice to Proceed" shall have the meaning described in Section 3.2 below.
The term "PROJECT" shall have the same meaning as that set forth in the General
Conditions.
The term "Scheduled Completion Date" shall mean and refer to the date set forth by
Section 3.2 below, as such date may be extended pursuant to Section 3.3 below, or by
Change Order.
The terms "Substantial Completion" and "Substantially Complete" shall have the
meaning set forth in Article 8 and Article 9 of the General Conditions.
00500-3
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
Section 3.2. Notice to Proceed/Scheduled Completion Date.
The WORK under the Contract shall proceed pursuant to and in accordance with a
written notice from OWNER to CONTRACTOR to proceed ("Notice to Proceed").
CONTRACTOR shall diligently commence performance of the WORK on the date
specified in the Notice to Proceed. CONTRACTOR shall complete performance of the
entire WORK (as defined in Article 8 and Article 9 of the General conditions) on or
before eight -hundred and forty (840) consecutive calendar days after the date of
issuance of the Notice to Proceed ("Scheduled Completion Date").
Section 3.3 Extension of Scheduled Completion Date.
A) Excusable Delay
In the event that CONTRACTOR is actually delayed on the performance of the WORK
by any "Excusable Delay" which is an unforeseeable delay beyond the
CONTRACTOR'S control and not the fault of either party, then the Scheduled
Completion Date shall be extended for a period equal to the length of such Excusable
Delay, as permitted by the General Conditions in the Contract Documents. Such
extension of time on account of an Excusable Delay shall not be allowed unless applied
for in writing by the CONTRACTOR within ten (10) calendar days of the commencement
of any such delay and CONTRACTOR meets the requirements provided for in the
General Conditions of the Contract Documents. No verbal approval, either express or
implied, or any grant of time extension by OWNER or its agents shall be binding upon
OWNER unless and until such approval is expressly ratified in writing.
In the event the CONTRACTOR is delayed in the WORK by any such Excusable Delay,
the CONTRACTOR'S remedy shall be an extension of time. In no event shall
CONTRACTOR be entitled to a monetary payment over and beyond that, which is
specified in the OWNER -CONTRACTOR Agreement plus that which is specified by duly
executed change orders.
B) Excusable and Compensable Delays
In the event of delay in the Work that is (i) the responsibility of the OWNER, (ii) is
unreasonable under the circumstances involved, and (iii) is not within the contemplation
of OWNER and CONTRACTOR at the time the PROJECT was awarded,
CONTRACTOR shall be entitled to an extension of time and compensation for such
delay in strict accordance with the provisions of this Section. No extension of time or
compensation shall granted unless the CONTRACTOR provides the OWNER with
written notice within ten (10) calendar days of the commencement of any such delay, or,
as the circumstance may be, CONTRACTOR'S reasonable notice of such delay. The
OWNER must approve of any extension of time or payment of compensation in writing.
No verbal approval, either express or implied, or any grant of time extension by
00500-4
OWNER -CONTRACTOR
Community Civic Campus, Phase 2 LPR AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
OWNER or its agents shall be binding upon OWNER unless and until such approval is
expressly ratified in writing.
CONTRACTOR'S remedy, in addition to the extension of time, shall be as follows, upon
CONTRACTOR'S demonstration that these costs were actually incurred as a direct
result of the delay:
a. Field or on-site labor shall be paid according to actual payroll data for the time of
the delay. No multipliers will be allowed unless previously approved in writing by
OWNER;
b. Idle field equipment will be priced at a daily rate calculated from the actual
invoice costs;
c. Idle field rental equipment will be priced at a daily rate calculated from the actual
invoice costs; and
d. Total mark up of items (a) through (c) above for overhead and profit, including all
levels of subcontractors and CONTRACTOR combined, shall not exceed 15%
cumulative. For the purposes of this section, overhead includes (1) all indirect
labor such as management, supervision, engineer and consulting, drafting,
estimating, secretarial and accounting; (2) all field office expenses, including
office supplies and equipment; (3) insurance and bonds; and (4) all corporate
office expenses.
In the event of delay in the WORK, which is not due to an Excusable Delay under
Section 3.3(A), or is not an Excusable and Compensable Delay under Section 3.3(B),
OWNER may direct that the WORK be accelerated by means of overtime, additional
crews or additional shifts or resequencing of the WORK. All such acceleration
associated with an inexcusable delay, where the delay is attributable to the
CONTRACTOR, shall be at no cost to OWNER. In the event of Excusable Delay under
Section 3.3(A), or an Excusable and Compensable Delay under Section 3.3(B),
OWNER may similarly direct acceleration and CONTRACTOR agrees to perform the
WORK on the basis of reimbursement of Direct Cost plus a fee of five percent (5%) of
such costs but expressly waives any other compensation therefore. In the event of any
acceleration requested pursuant to this paragraph, CONTRACTOR shall provide
promptly a plan including recommendations for, in CONTRACTOR's opinion, the most
effective and economical acceleration.
Section 3.4 Liquidated Damages.
A. Timely Completion
OWNER and CONTRACTOR recognize that time is of the essence of this Agreement,
and that OWNER will suffer financial loss if the work is not complete within the time
specified, plus any extensions of time authorized under Section 3.3 of this Agreement.
OWNER and CONTRACTOR further recognize the delays, expense and difficulty
involved in proving OWNER'S actual losses in a legal proceeding. Accordingly, and
instead of requiring such proof of loss or damage, OWNER and CONTRACTOR agree
00500-5
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
that for each calendar day's delay beyond the Scheduled Completion Date, (which
delays are not excused pursuant to Section 3.3 of this Agreement), CONTRACTOR
shall pay to OWNER the amount of $8,000.00
00500-6
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
LPR
B. Prevailing Wage Compliance
COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
OWNER and CONTRACTOR recognize that CONTRACTOR's breach of applicable
prevailing wage provisions, including those applicable through the California Labor
Code and OWNER's additional prevailing wage compliance provisions within this
Contract (Article IV of the Owner -Contractor Agreement and Article 17 of the General
Conditions), will cause the OWNER damage by undermining OWNER's goals in
assuring timely payment of prevailing wages, and will cause the OWNER additional
expense in obtaining compliance and conducting audits, and that such damage would
not be remedied by CONTRACTOR's payment of restitution to the worker paid less than
the prevailing wage. OWNER and CONTRACTOR further recognize the delays,
expense and difficulty involved in proving OWNER's actual losses in a legal proceeding.
Accordingly, and instead of requiring such proof of loss or damage, OWNER and
CONTRACTOR agree that for each instance where OWNER has determined that
prevailing wage requirements were not met, CONTRACTOR shall pay to OWNER as
liquidated damages the sum of three (3) times the difference between the actual amount
of wages paid and the prevailing wage which should have been paid.
le\ 4KOINO DI
PREVAILING WAGES
Reference is made to the requirements on the general prevailing wage rates set forth in
the General Conditions of the CONTRACT DOCUMENTS. Those rates are hereby
specified as the minimum rates of prevailing wage to be paid workers under this Contract.
This Project is a Public Work, subject to Labor Code §1771. The general
prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to
execute this Agreement is that ascertained by the Director of the Department of
Industrial Relations of the State of California. The Prevailing Rate Schedules shall be
made available to any interested party on request. The holidays upon which such rates
shall be paid shall be all holidays recognized in the collective bargaining agreement
applicable to the particular craft, classification or type of worker employed on the
PROJECT. CONTRACTOR shall post the Prevailing Rate Schedule at the Site.
The wages to be paid for a day's work to all classes of laborers, workers, or
mechanics on the work contemplated by this contract, shall be not less than the minimum
wage rate described in the Notice to Bidders as applicable to this contract. Each laborer,
worker or mechanic employed by a CONTRACTOR or by any subcontractor shall receive
the wages herein provided for. The CONTRACTOR shall pay forty dollars ($40) per day
penalty for each worker paid less than prevailing rate of per diem wages unless the failure
of the CONTRACTOR or subcontractor to pay the correct rate of per diem wages was a
good faith mistake and, if so, the error was promptly and voluntarily corrected when
00500-7
OWNER -CONTRACTOR
Community Civic Campus, Phase 2 LPR AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
brought to the attention of the CONTRACTOR or subcontractor. The penalty may not be
less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker
paid less than the prevailing wage rate, if the CONTRACTOR or subcontractor has been
assessed penalties within the previous three years for failing to meet its prevailing wage
obligations on a separate contract, unless those penalties were subsequently withdrawn
or overturned. The penalty may not be less than one hundred twenty dollars ($120) for
each calendar day, or portion thereof, for each worker paid less than the prevailing wage
rate, if the Labor Commissioner determines that the violation was willful, as defined in
subdivision (c) of Labor Code Section 1777.1. The difference between the prevailing rate
of per diem wages and the wage paid to each worker shall be paid by the Contractor to
each worker.
The general prevailing wage rates determined by the Director of Industrial
Relations are available at the California Department of Industrial Relations website at
http://www.dir.ca.gov, at the County of San Mateo and at the Office of the City Engineer
located at:
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94080
CONTRACTOR shall comply with the payroll records requirements set forth in
Section 17.2 of the General Conditions and the provisions in Section 7.10 of the
General Conditions concerning apprentices and shall be responsible for causing all of
CONTRACTOR's subcontractors to comply with these requirements and provisions.
In addition to the California Labor Code requirements, OWNER recognizes that
CONTRACTOR's payment of prevailing wages promotes the following goals:
1. Protection of job opportunities within the City of South San Francisco and
stimulation of the economy by reducing the incentive to recruit and pay a substandard
wage to workers from distant, cheap -labor areas;
2. Benefiting the public through the superior efficiency and ability of well-paid
employees, thereby avoiding the negative impact that the payment of inadequate
compensation has on the quality of services because of high turnover and instability in
the workplace;
3. Payment of a wage that enables workers to live within the community, thereby
promoting the health and welfare of all citizens of South San Francisco by increasing
the ability of such workers to attain sustenance, avoid poverty and dependence on
taxpayer funded social services; and
4. Increasing competition by promoting a level playing field among contractors with
regard to the minimum prevailing wages to be paid to workers.
00500-8
OWNER -CONTRACTOR
Community Civic Campus, Phase 2 LPR AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
The OWNER will not recognize any claim for additional compensation because of the
payment by the CONTRACTOR for any wage rate in excess of prevailing wage rate set
forth in the contract documents. The possibility of wage increases is one of the elements
to be considered by the CONTRACTOR in determining the CONTRACTOR's bid, and will
not, under any circumstances be considered as the basis of a claim against the OWNER
on the contract.
An error on the part of an awarding body does not relieve the CONTRACTOR from
responsibility for payment of the prevailing rate of per diem wages and penalties
pursuant to Labor Code Sections 1770-1775.
ARTICLE V
NON-DISCRIMINATION
In the performance of this Agreement, the CONTRACTOR will not refuse or fail
to hire or employ any qualified person, or bar or discharge from employment any
person, or discriminate against any person, with respect to compensation, terms,
conditions or privileges of employment, because of such person's race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, military and veteran status, or other protected status. If the
CONTRACTOR or any of his subcontractors shall be found in violation of the above
nondiscrimination provision, the CONTRACTOR shall be deemed to be in material
breach of this Agreement and thereupon the OWNER shall have the power to do all or
any of the following: (1) to cancel or suspend this Agreement, in whole or in part, and
2) to deduct and retain from the amount payable to the CONTRACTOR the sum of
250.00 for each person discriminated against in the performance of this Agreement for
each calendar day during which such person was discriminated against in the
performance of this Agreement, as liquidated damages for such breach of this
Agreement, provided that the number of persons discriminated against shall not be
deemed, for the purpose of determining the amount of such damages only, to exceed
the number of positions in connection with which such discrimination occurs, e.g., if 20
persons are improperly discriminated against in connection with five positions, then the
multiple use in assessing damages shall be the number of positions (5) and not the
number of persons (20) discriminated against. In the event such finding is made after
completion of the contract and after payment of all sums due CONTRACTOR by
OWNER, CONTRACTOR shall be obligated to pay said sum to OWNER upon demand
by OWNER. Violations of said provisions by subcontractors shall for the purposes of
this provision be deemed to be violations by the CONTRACTOR. The CONTRACTOR
shall not be deemed to be in breach of the provisions of this paragraph unless the
California Department of Fair Employment and Housing, or an appropriate Federal
commission or agency, or a court of the State of California or of the United States
Government finds, in any action or proceeding to which CONTRACTOR is a party, that
the CONTRACTOR or a subcontractor unlawfully discriminated against one or more
specifically named employees or applicants for employment in the performance of this
00500-9
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
Agreement; provided that such court or state or federal entity has issued a final
judgment, order, decree, or injunction in such action or proceeding, and provided
further, that for the purpose of this paragraph, no judgment, order, decree or injunction
shall be considered final during the period within which (1) appeal may be taken, or (2)
the same has been stayed by order of court, or (3) further proceedings for vacation,
reversal or modification are in progress before a competent administrative or judicial
tribunal.
The CONTRACTOR shall include the provisions of the above paragraph in every
subcontract or purchase order so that such provision shall be binding upon each of his
subcontractors and vendors.
ARTICLE VI
WORKER'S COMPENSATION INSURANCE
By my signature hereunder, as CONTRACTOR, I certify that I am aware of the
provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the WORK of this Agreement.
ARTICLE VII
CnNFI ICT
In the event of conflict between the terms of this Agreement and the bid or
proposal of said CONTRACTOR, then, this Agreement shall control and nothing herein
shall be considered as an acceptance of the terms of the proposal conflicting herewith.
ARTICLE VIII
EXHIBITS
This Agreement includes the following Exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A The Site
Exhibit B Contract Documents
Exhibit C Contract Sum
00500-10
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
IN WITNESS WHEREOF, the parties to these presents have hereunto set their
hands the day and year first hereinabove written.
APPROVED AS TO FORM: THE CITY OF SOUTH SAN FRANCISCO
By
City Attorney City Manager
CONTRACTOR Name)
By
Its
By
Its
Employer ID Number
Contractor's License No.
Expiration Date:
City Business License No.:
Expiration Date:
00500-11
Community Civic Campus, Phase 2 LPR
OWNER -CONTRACTOR
AGREEMENT
El
am
Fs
mm
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
EXHIBIT B
CONTRACT DOCUMENTS
1. Owner -Contractor Agreement
2. General Conditions
3. Contractor's Performance Bond
4. Contractor's Labor and Material Payment Bond
5. Project Plans
6. Project Specifications
7. Addenda, Substitutions, Modifications, Change Orders
8. List of Subcontractors, Suppliers, Truckers and Brokers (Non -Federally Funded
Projects)
9. Instructions to Bidders
END OF EXHIBIT B
00500
South San Francisco Measure W
Community Civic Campus
EXHIBIT B to
OWNER -CONTRACTOR
AGREEMENT
LPR
EXHIBIT C
CONTRACT SUM
COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
A. BASE BID
Lump sum price for the furnishing of all labor, materials, tools, services,
equipment, subcontractors, suppliers, shipment, delivery, fringe benefits, taxes,
insurance, overhead and profit and any other costs or expenses necessary to
perform all of the work according to the Contract Documents:
AND NO/100 DOLLARS
B. COVID-19
Lump sum price for the furnishing of all labor, materials, tools, services,
equipment, subcontractors, suppliers, shipment, delivery, fringe benefits, taxes,
insurance, overhead and profit and any other costs or expenses necessary to
comply with the San Mateo County Health Order as defined for Large
Construction Projects for a period of 180 Calendar Days following the issuance of
Notice to Proceed):
AND NO/100 DOLLARS
C. ALLOWANCES - NOT USED
D. ALTERNATES
Additive Alternates
1. Add Alternate #1:
Enhanced Park (Excluding Exterior Toilet Room)
2. Add Alternate #2:
00500
Community Civic Campus, Phase 2 LPR
EXHIBIT C to
OWNER -CONTRACTOR
AGREEMENT
LPR COMMUNITY CIVIC CAMPUS: PHASE 2
SOUTH SAN FRANCISCO, CA
Exterior Toilet Room
3. Add Alternate #3:
2) New Streetlights along Antoinette at Police Department
4. Add Alternate #4:
Sidewalk Extension at ECR Frontage
5. Add Alternate #5:
Portion of Centennial Trail at Proposed Oak Ave Intersection
PUC/OAK)
Deductive Alternates
1. Deduct Alternate #1:
Exterior Digital Sign
SUBTOTAL OF ALTERNATES:
E. TOTAL CONTRACT SUM:
F. UNIT PRICING — NOT USED
END OF EXHIBIT C
END OF SECTION 00500
00500
Community Civic Campus, Phase 2 LPR
AND NO/100 DOLLARS
AND NO/100 DOLLARS
EXHIBIT C to
OWNER -CONTRACTOR
AGREEMENT
City of South San Francisco
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 129-2021
File Number: 21-412 Enactment Number: RES 129-2021
RESOLUTION APPROVING THE CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEAR
2021-22, APPROVING THE APPROPRIATIONS
REQUEST OF $130,302,370, AND AUTHORIZING
CITY STAFF TO PREPARE PLANS AND
SPECIFICATIONS TO ADVERTISE FOR
CONSTRUCTION BIDS FOR THE PROJECTS UNDER
THIS PROGRAM.
WHEREAS, it is recommended that the City Council of the City of South San Francisco adopt
the Capital Improvement Plan (CIP) for Fiscal Year (FY) 2021-22 and also authorize city staff to prepare
plans and specifications for projects under this program in order to advertise for construction bids and/or
related requests for proposals; and
WHEREAS, the program includes funding for FY 2021-22 and any additional project funding in
future years will be appropriated and approved in future budget cycles; and
WHEREAS, on June 17, 2021, the Planning Commission reviewed this CIP pursuant to
Government Code Section 65401 and adopted a resolution as to its consistency with the City's adopted
General Plan; and
WHEREAS, upon adoption of the CIP, City Council authorizes city staff to prepare the plans and
specifications for projects within this program and further authorizes the solicitation of construction
bids; and
WHEREAS, this CIP is consistent with the requirements of Government Code Section 66002,
and includes the approximate location, size, time of availability and estimates of cost for the facilities or
improvements to be financed with those fees imposed pursuant to Government Code Section 66001, et
seq.; and
WHEREAS, the adoption of the CIP is not a "project" subject to review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(4) of the State CEQA Guidelines;
and
WHEREAS, the CIP budget for this fiscal year will include $130,302,370 in new appropriations.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco that the City Council hereby approves the Capital Improvement Program for FY 2021-22 with
expense budget in the following funds:
City of South San Francisco Page 1
File Number. 21-412 Enactment Number., RES 129-2021
Fund 510 Capital Improvement Fund $ 16,742,370
Fund 517 Street Paving Rehabilitation - Bond $ 24,000,000
Fund 518 Solar Panels - Bond $ 2,000,000
Fund 519 LPR - Bonds $ 78,000,000
Fund 710 Sewer Enterprise Fund $ 9,560,000
BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco that the
City Council hereby approves appropriations of $130,302,370 for the Capital Improvement Program for
FY 2021-22 as listed in the CIP Document, and authorizes city staff to prepare plans and specifications
for projects under this plan and advertise for construction bids and/or related requests for proposals for
projects under the plan.
BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco that the
City Council hereby authorizes the City Manager, City's Finance Director, or their designee to take any
action necessary consistent with the intent of this resolution and associated staff report.
Ea
At a meeting of the City Council on 6/23/2021, a motion was made by Vice Mayor Nagales, seconded by
Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councihnember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by L,,L L4-, Lu
4sa Govea Acosta, City Clerk
City of South San Francisco Page 2
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-711 Agenda Date:9/21/2021
Version:1 Item #:7a.
Resolution amending previous resolutions for the Community Civic Campus Phases I and II to authorize
reallocation of previously authorized funds and increase the Phase I construction and project budgets as a result
of the reallocations.
WHEREAS,on January 8 2020,through Resolution 07-2020,City Council approved the award of a contract
for the Community Civic Campus:Phase I Police Operations and 911 Dispatch Center and approved a total
construction budget of $52,553,015, with a total project budget of $56,857,615; and
WHEREAS,on November 9,2020,through Resolution 162-2020,City Council approved the award of a
contract for the Community Civic Campus:Phase II Library,Parks &Recreation and Community Theater /
Council Chamber and approved a total construction budget of $91,372,971,with a total project budget of
$101,000,000; and
WHEREAS,on June 23,2021,through Resolution 129-2021,City Council approved the Capital Improvement
Program for FY 2021-22,including $78,000,000 toward the Community Civic Campus Phase II,thereby
increasing the total project budget to Phase II from $101,000,000 to $103,000,000.The addition of $2,000,000
to the project budget was approved for the addition of photovoltaic systems to both Phase I and Phase II.
NOW,THEREFORE,BE IT RESOLVED,that the City Council amends Resolution 07-2020 to authorize the
City Manager to utilize any unspent amount of the total Phase I project budget,if necessary,towards additional
Phase I construction contingency costs.
BE IT FURTHER RESOLVED that the City Council amends Resolution 129-2021 to allow an unspecified
portion of $2,000,000 of the Phase II project budget,not to exceed $700,000,to be spent on Phase I as intended
for the planning,design,and installation of a photovoltaic system at the new Police Operation and 911 Dispatch
Center, thereby increasing the Phase I construction and project budgets by the same amount.
*****
City of South San Francisco Printed on 9/29/2021Page 1 of 1
powered by Legistar™
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-739 Agenda Date:9/21/2021
Version:1 Item #:8.
Report regarding adoption of a resolution to continue conducting City Council and advisory body meetings
remotely due to health and safety concerns for the public and making related findings (Rosa Govea Acosta,City
Clerk and Sky Woodruff, City Attorney)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to allow the City Council and advisory bodies
to continue conducting meetings remotely due to health and safety concerns for the public and making
related findings in compliance with AB 361 (2021).
BACKGROUND/DISCUSSION
On March 4,2020,Governor Newsom declared a State of Emergency to make additional resources available,
formalize emergency actions already underway across multiple state agencies and departments,and help the
State prepare for a broader spread of COVID 19.
On March 11,2020,the City Council adopted Resolution Number 35-2020 proclaiming a local state of
emergency due to the Novel Coronavirus (COVID-19).The resolution stated that “conditions of extreme peril
to the safety of persons and property have arisen within South San Francisco,caused by COVID-19”and that a
“proclamation of a Local Emergency was necessary to enable the City of South San Francisco and other local
government entities to adequately plan,prepare and preposition resources to be able to effectively respond to
the threat”.
Thereafter,on May 13,2020,the City Council adopted Resolution Number 57-2020,amending and updating
the proclamation of a local health emergency related to the Novel Coronavirus (COVID-19)to fulfill
requirements per California Government Code,Title 2,Division 1,Chapter 7.5 -California Disaster Assistance
Act (CDAA, which allows local governments to seek financial assistance through a local proclamation.
On March 17,2020,in response to the COVID-19 pandemic,Governor Newsom issued Executive Order N-29-
20,which suspended certain provisions of the Ralph M.Brown Act in order to allow local legislative bodies to
conduct meetings telephonically or by other means.Additionally,the State implemented a shelter-in-place
order, requiring all non-essential personnel to work from home.
The City Clerk and Information Technology Director worked collaboratively to create virtual meetings for all
City Council and advisory body meetings.The virtual meetings have allowed the Council and advisory bodies
to continue to conduct City business from the safety of members’homes and has allowed the city to ensure the
public’s continued access to government meetings while also ensuring the public’s safety.
On June 11,2021,Governor Newsom issued Executive Order N-08-21,which among other things,rescinded
his prior Executive Order N-29-20 and set a date of October 1,2021,for agencies to transition back to public
meetings held in full compliance with the Brown Act.In preparation for the return to in-person meetings,the
City Council transitioned to hybrid meetings on July 26,2021.Although hybrid meetings help keep the public
safe by allowing them to continue accessing the meetings from their own home,Councilmembers,and staff will
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need to meet in person.
Since the Governor issued Executive Order N-08-21,the Delta variant has emerged,causing a spike in cases
throughout the state.As a result,the San Mateo County Health Department issued a Health Order requiring
masks indoors in public places, regardless of vaccination status, starting August 3, 2021.
DISCUSSION
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16,2021.
The bill will allow local legislative bodies to continue to meet remotely
after the October 1st deadline.A local agency’s legislative body and advisory bodies will be allowed to
continue to meet remotely when:
Ø The local agency holds a meeting during a declared state of emergency
Ø State or local health officials have imposed or recommended measures to promote social distancing
Ø Legislative bodies declare the need to meet remotely due to present imminent risks to the health or
safety of attendees
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety
of the public:
Ø The city is still under a state of emergency as declared by the Governor and City Council
Ø County Health orders require that all individuals in public spaces maintain social distancing and wear
masks
Ø The city cannot maintain social distancing requirements for the public,staff,Councilmembers,and
advisory body members in their meeting spaces
Similarly,the Bicycle and Pedestrian Advisory Committee (BPAC),Conference Center Authority,Cultural Arts
Commission,Design Review Board General Plan Community Advisory Committee,Housing Authority,
Library Board,Measure W Citizens’Oversight Committee,Parks and Recreation Commission,Parking Place
Commission,Traffic Safety Commission,Planning Commission,Personnel Board,and Youth Advisory
Commission all hold their meetings in a small conference room,making it impossible for Commissioners,
staff, and members of the public to socially distance from each other.
Now that AB 361 was signed into law,the City Council would need to declare every 30 days that the City’s
legislative bodies need to be able to continue to meet remotely in order to ensure the health and safety of the
public.
Staff recommends that the City Council adopt a resolution to declare these findings are true so that these bodies
can continue to meet remotely.
FISCAL IMPACT
There is no fiscal impact.
CONCLUSION
In conclusion,staff recommends that the City Council adopt a resolution to continue conducting the City’s
Council and Commission meetings remotely due to health and safety concerns for the public and making
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Council and Commission meetings remotely due to health and safety concerns for the public and making
related findings in compliance with AB 361 (2021).
Attachments:
Attachment 1:Resolution
Attachment 2:Resolution Number 35-2020 Declaring a Local Emergency
Attachment 3:Resolution Number 57-2020 Amending and Updating a Local Emergency
Attachment 4:Governor’s Executive Order N-29-20
Attachment 5:Governor’s Executive Order N-08-21
Attachment 6:AB 361
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City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 35-2020
File Number: 20-215 Enactment Number: RES 35-2020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO PROCLAIMING A LOCAL STATE OF
EMERGENCY RELATED TO THE NOVEL CORONAVIRUS 2019
COVID-19).
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the City
Council to proclaim the existence or threatened existence of a local emergency when the City of South
San Francisco is affected or likely to be affected by a public calamity; and
WHEREAS, Chapter 2.72 of the South San Francisco Municipal Code similarly empowers the City
Manager, in their capacity as the Director of Emergency Services, to proclaim or request the City
Council to proclaim the existence or threatened existence of a local emergency; and
WHEREAS, the City Council has determined that present conditions warrant such proclamation of the
existence of a local emergency and has been similarly requested by the Director of Emergency Services
to proclaim the existence of a local emergency; and
WHEREAS, the City Council does hereby find that conditions of extreme peril to the safety of persons
and property have arisen within South San Francisco, caused by a novel coronavirus (named
COVID-19" by the World Health Organization); and
WHEREAS, the finding is supported by the following facts, which are described in further detail in the
accompanying staff report:
a. A novel coronavirus (named "COVID-19" by the World Health Organization) was
first detected in Wuhan City, Hubei Province, China, in December 2019. The Centers
for Disease Control and Prevention ("CDC") has stated that COVID-19 is a serious
public health threat, based on current information.
b. Cases of COVID-19 have been diagnosed in the United States, primarily in
individuals who have traveled to other countries, but there have been cases identified
of "community spread" of COVID-19 involving individuals who have not traveled
overseas and who have no known connections to overseas travel.
City of South San Francisco Page 1
File Number., 20-215 Enactment Number., RES 35-2020
c. In part, the virus is considered a very serious health threat because much is unknown.
The exact modes of transmission, the factors facilitating human -to -human
transmission, the extent of asymptomatic viral shedding, the groups most at risk of
serious illness, the attack rate, and the case fatality rate all remain active areas of
investigation.
d. The number of reported cases of COVID-19 has escalated dramatically over a short
period of time. According to the CDC, as of March 2, 2020, there have been 43 cases
of COVID-19 detected, tested and confirmed in the United States (not including 48
individuals who returned to the United States from overseas on State
Department -chartered flights). The World Health Organization has declared the
outbreak to be a global health emergency.
e. Cases of COVID-19 have been identified in San Mateo County, as well as in other
Bay Area counties and other counties, including the County of Santa Clara, the
County of Solano, and the City and County of San Francisco, and these public
entities have made declarations of local emergency and declarations of local health
emergency.
WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the
existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco
hereby proclaims that a local emergency now exists throughout the City of South San Francisco,
commencing on March 11, 2020.
BE IT FURTHER RESOLVED AND ORDERED that during the existence of said local emergency the
powers, functions, and duties of the City Manager, in their capacity as Director of Emergency Services,
and the emergency organization of this City shall be those prescribed by state law and by the South San
Francisco Municipal Code.
BE IT FURTHER RESOLVED AND ORDERED that said local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of South San
Francisco.
BE IT FURTHER RESOLVED that City staff is directed to place an item on the agenda for review at
least ever sixty (60) days from the effective date of this Resolution to determine the need for continuing
the local emergency pursuant to section 8630, Article 14, of the California Emergency Services Act.
City of South San Francisco Page 2
File Number. 20-215 Enactment Number: RES 35-2020
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage
and adoption.
E3
At a meeting of the City Council on 3/11/2020, a motion was made by Councilmember Matsumoto, seconded
by Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by I-
Isa Govea Acosta, City Clerk
City of South San Francisco Page 3
File Number: 20-295
City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 57-2020
Enactment Number: RES 57-2020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO AMENDING AND UPDATING THE
PROCLAMATION OF A LOCAL HEALTH EMERGENCY
RELATED TO THE NOVEL CORONAVIRUS 2019 (COVID-19).
WHEREAS, the City of South San Francisco proclaimed a local State of Emergency related to the Novel
Coronavirus (COVID-19) on March 11, 2020; and
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the City
Council to proclaim the existence or threatened existence of a local emergency when the City of South
San Francisco is affected or likely to be affected by a public calamity; and
WHEREAS, Chapter 2.72 of the South San Francisco Municipal Code similarly empowers the City
Manager, in their capacity as the Director of Emergency Services, to proclaim or request the City
Council to proclaim the existence or threatened existence of a local emergency; and
WHEREAS, the County of San Mateo's Declaration of Local Health Emergency Regarding the Novel
Coronavirus (COVID-19), dated March 3, 2020, provided facts that warranted the declaration of a local
emergency for the City of South San Francisco; and
WHEREAS, the County of San Mateo and other California counties, including the County of Santa
Clara, the County of Solano, and the City and County of San Francisco, and these public entities have
similarly made declarations of local emergency and declarations of local health emergency; and
WHEREAS, the County of San Mateo ratified and extended a declaration of a local health emergency on
March 10, 2020. At the time of ratification, the County of San Mateo Public Health Officer had declared
that there were forty-three (43) confirmed cases detected, tested and confirmed in the United States. The
County of San Mateo emergency declaration is still in effect; and
WHEREAS, the most recent Public Health Order issued by the County of San Mateo Health Officer,
dated April 29, 2020, provided that the emergency and the attendant risk to public health remain
significant. The County of San Mateo Health Officer declared that, as of April 27, 2020, there were
1,099 confirmed cases of COVID-19 in the County (up from 41 on March 15, 2020), at least 7,273
confirmed cases (up from 258 confirmed cases on March 15, 2020), and at least 266 deaths (up from 3
deaths on March 15, 2020) in the seven Bay Area jurisdictions; and
City of South San Francisco Page 1
File Number., 20-295 Enactment Number., RES 57-2020
WHEREAS, the State of California Proclamation of a State of Emergency due to the spread of
COVID-19, issued on March 4, 2020, is still in effect; and
WHEREAS, on the basis of this information, a local emergency continues to exist in the City of South
San Francisco; and
WHEREAS, the proclamation of a local emergency in South San Francisco continues to exist until it is
terminated by the City Council; and
WHEREAS, Government Code section 8630 directs City staff to place this item back on the Council
agenda at least every sixty (60) days from the effective date of the resolution to determine the need for
continuing the local emergency. On March 4, 2020, the Governor suspended this requirement as long as
the Governor's Proclamation of a State of Emergency is in effect. If the local emergency extends beyond
that date, the City Council will review the emergency at least every sixty (60) days; and
WHEREAS, the purpose of an amendment to update the City of South San Francisco City Council
declaration of a local health emergency related to COVID-19 on March 11, 2020 is to fulfill
requirements per California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster
Assistance Act (CDAA), which allows local governments to seek financial assistance through a local
proclamation; and
WHEREAS, if a local government determines effects of an emergency are beyond the capability of local
resources to mitigate effectively, the local government must proclaim a local emergency; and
WHEREAS, the purpose of a local proclamation is to provide extraordinary police powers, immunity for
emergency actions, authorize issuance of orders and regulations, activate pre -established emergency
provisions, and is a prerequisite for requesting state or federal assistance; and
WHEREAS, the City Council has previously found and does hereby find that conditions of extreme peril
to the safety of persons and property continues within the City of South San Francisco, caused by the
COVID-19 pandemic; and
WHEREAS, since the initial declaration of a local emergency, the City of South San Francisco has
continued to monitor the development of conditions. Based upon its consideration of the severity,
magnitude, and impact of the disaster event, as well as the amount and type of damage, the City
determined that it should activate its Emergency Operations Plan and Emergency Operations Center
EOC); and
WHEREAS, the City of South San Francisco activated its EOC on April 3, 2020; and
WHEREAS, among the many priorities of the activation, the main objective is to "[e]nsure the health
and safety of City staff, residents, and the public throughout the COVID-19 event"; and
City of South San Francisco Page 2
File Number: 20-295 Enactment Number. RES 57-2020
WHEREAS, amendment of the declaration of a local health emergency regarding COVID-19 will align
the City of South San Francisco with the County of San Mateo and the State of California, both of which
have extended emergency declarations, and help to establish partnerships and mutual aid to contain and
mitigate the impacts of COVID-19; and
WHEREAS, the emergency declaration, as amended, could also strengthen the City of South San
Francisco's eligibility for cost recovery funds related to response to the COVID-19 outbreak.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South San Francisco does
hereby amend and update the City of South San Francisco's Proclamation of a Local Health Emergency
adopted on March 11, 2020 as set forth herein.
BE IT FURTHER RESOLVED that during the existence of said local emergency the powers, functions,
and duties of the City Manager, in their capacity as Director of Emergency Services, and the emergency
organization of this City shall be those prescribed by state law and by the South San Francisco
Municipal Code.
BE IT FURTHER RESOLVED that the conditions in the City of South San Francisco related to
COVID-19 are or are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City of South San Francisco.
BE IT FURTHER RESOLVED that said local emergency shall be deemed to continue to exist until its
termination is proclaimed by the City Council of the City of South San Francisco. If the local emergency
extends beyond the date that Governor's Proclamation of a State of Emergency is in effect, the City
Council will review the emergency at least every sixty (60) days.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage
and adoption.
At a meeting of the City Council on 5/13/2020, a motion was made by Vice Mayor Addiego, seconded by
Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by qL L4 lk
R sa Govea Acosta, City Clerk
City of South San Francisco Page 3
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, I proclaimed a State of Eme rgency t o exist in
California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus continues to spread and is
impacting nearly all sectors of California; and
WHEREAS the threat of COVID-19 has resulted in serious and ongoing
economic harms, in particular to some of the most vu lnerable Californians; and
WHEREAS time bound eligibility redeterminations are required for Medi
cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California
Food Assistance Program, and In Home Supportive Services beneficia rie s to
continue their benefits, in accordance with processes es tablished by th e
Department of Social Services, the Department of Health Care Services, and the
Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a
statewide imperative for c ritical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
Services beneficiaries from obtaining in-person eligibility redeterminations; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance w ith various statutes and regulations specified in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor o f the State of California ,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567 and 8571, do hereby issu e the following order t o become effect ive
immediately:
IT IS HEREBY ORDERED THAT:
1. As to individuals currently eligible for benefit s under Medi-Cal, CalFresh ,
CalWORKs, the Cash Assistance Program for Immigrants, the California
Food Assistance Program , or In Home Supportive Services bene fits , and
to the extent necessary to allow such individu als to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Titl e 22 , section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would req uire
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. Thi s Orde r shall be construed to be
consisten t with applicable federal laws , including but not limite d to
Code of Federal Regulations, Title 42, section 435.912, subdivis ion (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidan ce iss ued on January 30, 2018) to permit the extension of
otherwise-applicable Medicaid time lim its in emergency situations.
2. Through June 17, 2020, any month or partial month in which California
Work Opportunity and Responsibility to Kids (CalWORKs) a id or services
are received pursuant to Welfare and Institutions Code Section 11200
et seq. sha ll not be counted for purposes of t he 48-month time lim it set
forth in Welfare an In stitutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time li m its set
forth in Code of Federal Regulations, Tit le 45, section 264 . l .
3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn
and superseded by the following text:
Notwithstanding any other provision of state or local law (including, but
not limited to, the Bagley-Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise e lectronica ll y to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley-Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a cond iti on
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a publi c
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at a ll teleconference
locations;
(v) at least one member of the state body be physically prese nt
at the location specified in the notice of the meeting; and
(vi) during t e leconference mee tings , a least a quorum of t he
members of the local body participate from locations w ithin
the boundaries of the territory over which the loca l body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
t e leconferencing and allows members of t he public to observe and
address the meeting te lep honica ll y or otherwise e lectronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body a ll ow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities , consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant t o
subparagraph (ii) of the Notice Requ irements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the tim e frames
otherwise prescribed by the Bagley-Keene Act or t he Brown
Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comme nt. As to any instance in which there is a change in
such means of public observation and comment , or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for th e
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" wi t hin the meaning of
Government Code, section 5 4954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply only during the peri o d in which state or local
public health officials have imposed or recommended social
distancing m e asures.
All state and local bodies are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible
to the provisions of the Bagley-Keene Act and the Brown Act, and
other applicable local laws regulating the conduct of public
meetings, in order to maximize transparency and p rovide the public
access to their meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that w idespread publicity and
notice be given of this Order.
This Order is not intended to , and does not, create any rights or benefits,
substantive or procedura l, enforceable at law or in equity, against t he State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the St ate of
California to be affixed this l 7th day
of Marc 2020.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful
actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an
untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California
is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-07-21, which
formally rescinded the Stay-at-Home Order (Executive Order N-33-20, issued on
March 19, 2020), as well as the framework for a gradual, risk-based reopening of
the economy (Executive Order N-60-20, issued on May 4, 2020); and
WHEREAS in light of the current state of the COVID-19 pandemic in
California, it is appropriate to roll back certain provisions of my COVID-19-related
Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders
currently remain necessary to continue to help California respond to, recover
from, and mitigate the impacts of the COVID-19 pandemic, including
California's ongoing vaccination programs, and the termination of certain
provisions of my COVID-19 related Executive Orders during this stage of the
emergency would compound the effects of the emergency and impede the
State's recovery by disrupting important governmental and social functions; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance with various statutes and regulations specified in this
Order would continue to prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
The following provisions shall remain in place and shall have full force and
effect through June 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 11;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive
Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in
Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20,
Paragraph 3, of reinstatement requirements set forth in Government
Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph l; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority
pursuant to this provision on or before June 30, 2021, the extension
shall remain valid until the effective expiration;
d. Paragraph l 0. The State Bar sha ll receive the time extension in the
aforementioned order for any nomination submitted to the State
Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).
Claims accruing before June 30, 2021 will remain subject to the 120-
day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary
exercised their authority pursuant to this provision, the Secretary shall allow
each facility to resume intake in a manner that clears intake backlog as
soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this
provision shal l remain valid in accordance with the term of the
agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory
Notice Register pursuant to Government Code section l l 346.4(a)(5)
prior to June 30, 2021, the deadlines in the aforementioned order
shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12,
and N-71-20, Paragraph l 0). Notwithstanding the expiration of this
provision, state employees subject to these training requirements
shall receive the benefit of the 120-day extension granted by the
aforementioned orders. All required training due on or before June
30, 2021 must be completed within 120 days of the statutorily
prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13
and N-71-20, Paragraph 11). With regard to appeals received on or
before June 30, 2021, the State Personnel Board shall be entitled to
the extension in the aforementioned order to render its decision;
d. Paragraph 8. To the extent the deadlines specified in Government
Code section 22844 and California Code of Regulations, title 2,
sections 599.517 and 599.518 fell on a date on or before June 30,
2021 absent the extension, they shall expire pursuant to the
timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the
deadline to fill the vacancy shall remain extended for the time
period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34-
20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021,
the discharge date sha ll be within 14 days of the Board's
determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training
program prior to June 30, 2021, that was interrupted by COVID-19,
that individual shall be entitled to the extended timeframe in the
aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10,
and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11,
and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing
the expiration of registration of vehicles previously registered in a foreign
jurisdiction falls on or before June 30, 2021, the deadline is extended
pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory dead li nes related to cost reports, change in
scope of service requests, and reconciliation requests occurring on
or before June 30, 2021 shal l remain subject to the extended
deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 1O;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk
assessments occurring on or before June 30, 2021 shall remain
subject to the extended deadline in the aforementioned order; and
j. Paragraph 16. Deadlines for fee-for-service providers to submit
information required for a Medical Exemption Request extended on
or before June 30, 2021 shall remain subject to the extended
deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph B(a) (as extended by N-71-20, Paragraph 40). The
deadlines related to reports by the Division of Occupational Safety
and Health (Cal/OSHA) and the Occupational Safety & Health
Standards Board on proposed standards or variances due on or
before June 30, 2021 shall remain subject to the extended
timeframe;
b. Paragraph B(c). To the extent the date upon which the
Administrative Director must act upon Medical Provider Network
applications or requests for modifications or reapprovals falls on or
before June 30, 2021 absent the extension in the aforementioned
order, it shall remain subject to the extended timeframe;
c. Paragraph 8(e). To the extent filing deadlines for a Return-to-Work
Supplement appeal and any reply or responsive papers fall on or
before June 30, 2021, absent the extension in the aforementioned
order, they shall remain subject to the extended timeframe;
d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph
39). Any dead li ne setting the time for the Labor Commissioner to
issue any citation under the Labor Code, including a civil wage and
penalty assessment pursuant to Labor Code section 1741, that,
absent the aforementioned order, would have occurred or would
occur between May 7, 2020 and September 29, 2021 shall be
extended to September 30, 2021. Any such deadline that, absent
the aforementioned order, would occur after September 29, 2021
shall be effective based on the timeframe in existence before the
aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph
41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for a worker to file complaints
and initiate proceedings with the Labor Commissioner pursuant to
Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall
be effective based on the timeframe in existence before the
aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for Cal/OSHA to issue citations
pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 sha ll
be effective based on the timeframe in existence before the
aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-7 1-20, Paragraph
41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30,
2021 pursuant to the aforementioned order shall be entitled to the
extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36).
25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20,
Paragraph 4; and N-01-21). Identification cards issued under Health
and Safety Code section 11362.71 that would otherwise have
expired absent the aforementioned extension between March 4,
2020 and June 30, 2021 sha ll expire on December 31, 2021; and
b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the aforementioned
order, temporary licenses granted on or before June 30, 2021 shall
be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the
California Department of Public Health absent the extension in the
aforementioned order on or before June 30, 2021, shall be entitled
to the extensions of time set forth in the aforementioned order.
28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or
completing investigations is set to occur on or before June 30, 2021,
the deadline shall remain subject to the extension in the
aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of
adverse action is due on or before June 30, 2021, the deadline shall
remain subject to the extension in the aforementioned order.
29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30,
2021 shall receive such examinations on or before July 31, 2021;
b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the California Department of Public Health,
or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-7 6-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of
Alcoholic Beverage Control suspends deadlines for renewing
licenses upon payment of annual fees on or before June 30, 2021,
the extension sha ll remain valid until the effective expiration;
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19,
which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3);
c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20,
which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4);
and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21,
which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5).
34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.
The following provisions shall remain in place and shall have full force and
effect through July 31, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20,
Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 11 (as extended or modified by N-68-
20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and
effect through September 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the Department of Social Services, or
September 30, 2021 , whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the
following text:
Notwithstanding any other provision of state or loca l lqw (including, but
not limited to, the Bagley-Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley-Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at a ll teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body sha ll also:
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the timeframes
otherwise prescribed by the Bagley-Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16,
N·-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent
the Director exercised their authority pursuant to this provision on or
before September 30, 2021, the extension shall rema in valid until the
effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and
b. Paragraph 9. To the extent any timeframe within which a California
Native American tribe must request consultation and the lead
agency must begin the consultation process relating to an
Environmental Impact Report, Negative Declaration, or Mitigated
Negative Declaration under the California Environmental Quality
Act extends beyond September 30, 2021, the tribe and lead
agency will receive the benefit of the extension so long as the
triggering event occurred on or before September 30, 2021.
5 l) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on-site licensing visits which would have been due
on or before September 30, 2021 shall occur before December 31,
2021;
d. Paragraph 11; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by
the following text:
Paragraph 42 of this Order, including the conditions specified therein , sha ll
apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of
Division 3 of Title 2 of the Education Code and Education Code section
47 604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29).
54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verba l attestation of
pregnancy must be submitted on or before September 30, 202 1
and medical verification of pregnancy must be submitted within 30
working days following submittal of the sworn statement or verbal
attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14,
and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15,
and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16,
and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing dead li nes for claims and liens fall
on or before September 30, 2021, absent the extension in the
aforementioned order, they sha ll remain subject to the extended
timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20 , Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:
The deadline to pay annual fees, including any installment
payments, currently due or that will become due during the
proclaimed emergency, as specified in Business and Professions
Code sections 19942, 19951, 19954, 19955, 19984, and any
accompanying regulations is September 30, 2021; the deadlines for
submission of any application or deposit fee, as specified in Business
and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877,
19942, 19984, and any accompanying regulations is no later than
September 30, 2021, or per existing requirements, whichever date is
later.
b. Paragraph 4.
61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the
following text:
As applied to commercia l evictions only, the timeframe for the protections
set forth in Paragraph 2 of Executive Order N-28-20 (and extended by
Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order
N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through
September 30, 2021 .
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be
filed in t he Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11th
day of June 2021.
Assembly Bill No. 361
Passed the Assembly September 10, 2021
Chief Clerk of the Assembly
Passed the Senate September 10, 2021
Secretary of the Senate
This bill was received by the Governor this day
of , 2021, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to add and repeal Section 89305.6 of the Education Code,
and to amend, repeal, and add Section 54953 of, and to add and
repeal Section 11133 of, the Government Code, relating to open
meetings, and declaring the urgency thereof, to take effect
immediately.
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with
specified exceptions, that all meetings of a legislative body of a
local agency, as those terms are defined, be open and public and
that all persons be permitted to attend and participate. The act
contains specified provisions regarding the timelines for posting
an agenda and providing for the ability of the public to directly
address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the
legislative body be held within the boundaries of the territory over
which the local agency exercises jurisdiction, subject to certain
exceptions. The act allows for meetings to occur via
teleconferencing subject to certain requirements, particularly that
the legislative body notice each teleconference location of each
member that will be participating in the public meeting, that each
teleconference location be accessible to the public, that members
of the public be allowed to address the legislative body at each
teleconference location, that the legislative body post an agenda
at each teleconference location, and that at least a quorum of the
legislative body participate from locations within the boundaries
of the local agency’s jurisdiction. The act provides an exemption
to the jurisdictional requirement for health authorities, as defined.
The act authorizes the district attorney or any interested person,
subject to certain provisions, to commence an action by mandamus
or injunction for the purpose of obtaining a judicial determination
that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes
the Governor, or the Director of Emergency Services when the
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— 2 — AB 361
governor is inaccessible, to proclaim a state of emergency under
specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown
Act’s requirements for teleconferencing during the COVID-19
pandemic provided that notice and accessibility requirements are
met, the public members are allowed to observe and address the
legislative body at the meeting, and that a legislative body of a
local agency has a procedure for receiving and swiftly resolving
requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency
to use teleconferencing without complying with the
teleconferencing requirements imposed by the Ralph M. Brown
Act when a legislative body of a local agency holds a meeting
during a declared state of emergency, as that term is defined, when
state or local health officials have imposed or recommended
measures to promote social distancing, during a proclaimed state
of emergency held for the purpose of determining, by majority
vote, whether meeting in person would present imminent risks to
the health or safety of attendees, and during a proclaimed state of
emergency when the legislative body has determined that meeting
in person would present imminent risks to the health or safety of
attendees, as provided.
This bill would require legislative bodies that hold
teleconferenced meetings under these abbreviated teleconferencing
procedures to give notice of the meeting and post agendas, as
described, to allow members of the public to access the meeting
and address the legislative body, to give notice of the means by
which members of the public may access the meeting and offer
public comment, including an opportunity for all persons to attend
via a call-in option or an internet-based service option, and to
conduct the meeting in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before
the legislative body. The bill would require the legislative body
to take no further action on agenda items when there is a disruption
which prevents the public agency from broadcasting the meeting,
or in the event of a disruption within the local agency’s control
which prevents members of the public from offering public
comments, until public access is restored. The bill would specify
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AB 361 — 3 —
that actions taken during the disruption are subject to challenge
proceedings, as specified.
This bill would prohibit the legislative body from requiring
public comments to be submitted in advance of the meeting and
would specify that the legislative body must provide an opportunity
for the public to address the legislative body and offer comment
in real time. The bill would prohibit the legislative body from
closing the public comment period and the opportunity to register
to provide public comment, until the public comment period has
elapsed or until a reasonable amount of time has elapsed, as
specified. When there is a continuing state of emergency, or when
state or local officials have imposed or recommended measures
to promote social distancing, the bill would require a legislative
body to make specified findings not later than 30 days after the
first teleconferenced meeting pursuant to these provisions, and to
make those findings every 30 days thereafter, in order to continue
to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a
condition to attend a meeting, a person to register the person’s
name, or to provide other information, or to fulfill any condition
precedent to the person’s attendance.
This bill would exclude from that prohibition, a registration
requirement imposed by a third-party internet website or other
online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires,
with specified exceptions, that all meetings of a state body be open
and public and all persons be permitted to attend any meeting of
a state body. The act requires at least one member of the state body
to be physically present at the location specified in the notice of
the meeting.
The Governor’s Executive Order No. N-29-20 suspends the
requirements of the Bagley-Keene Open Meeting Act for
teleconferencing during the COVID-19 pandemic, provided that
notice and accessibility requirements are met, the public members
are allowed to observe and address the state body at the meeting,
and that a state body has a procedure for receiving and swiftly
resolving requests for reasonable accommodation for individuals
with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to
specified notice and accessibility requirements, a state body to
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— 4 — AB 361
hold public meetings through teleconferencing and to make public
meetings accessible telephonically, or otherwise electronically, to
all members of the public seeking to observe and to address the
state body. With respect to a state body holding a public meeting
pursuant to these provisions, the bill would suspend certain
requirements of existing law, including the requirements that each
teleconference location be accessible to the public and that
members of the public be able to address the state body at each
teleconference location. Under the bill, a state body that holds a
meeting through teleconferencing and allows members of the
public to observe and address the meeting telephonically or
otherwise electronically would satisfy any requirement that the
state body allow members of the public to attend the meeting and
offer public comment. The bill would require that each state body
that holds a meeting through teleconferencing provide notice of
the meeting, and post the agenda, as provided. The bill would urge
state bodies utilizing these teleconferencing procedures in the bill
to use sound discretion and to make reasonable efforts to adhere
as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the
California State University under the administration of the Trustees
of the California State University, and authorizes the establishment
of student body organizations in connection with the operations
of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally
requires a legislative body, as defined, of a student body
organization to conduct its business in a meeting that is open and
public. The act authorizes the legislative body to use
teleconferencing, as defined, for the benefit of the public and the
legislative body in connection with any meeting or proceeding
authorized by law.
This bill, until January 31, 2022, would authorize, subject to
specified notice and accessibility requirements, a legislative body,
as defined for purposes of the act, to hold public meetings through
teleconferencing and to make public meetings accessible
telephonically, or otherwise electronically, to all members of the
public seeking to observe and to address the legislative body. With
respect to a legislative body holding a public meeting pursuant to
these provisions, the bill would suspend certain requirements of
existing law, including the requirements that each teleconference
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AB 361 — 5 —
location be accessible to the public and that members of the public
be able to address the legislative body at each teleconference
location. Under the bill, a legislative body that holds a meeting
through teleconferencing and allows members of the public to
observe and address the meeting telephonically or otherwise
electronically would satisfy any requirement that the legislative
body allow members of the public to attend the meeting and offer
public comment. The bill would require that each legislative body
that holds a meeting through teleconferencing provide notice of
the meeting, and post the agenda, as provided. The bill would urge
legislative bodies utilizing these teleconferencing procedures in
the bill to use sound discretion and to make reasonable efforts to
adhere as closely as reasonably possible to existing law, as
provided.
(4) This bill would declare the Legislature’s intent, consistent
with the Governor’s Executive Order No. N-29-20, to improve
and enhance public access to state and local agency meetings
during the COVID-19 pandemic and future emergencies by
allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section
54953 of the Government Code proposed by AB 339 to be
operative only if this bill and AB 339 are enacted and this bill is
enacted last.
(6) The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with
a statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that
the enactment furthers the constitutional requirements relating to
this purpose.
This bill would make legislative findings to that effect.
(7) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(8) This bill would declare that it is to take effect immediately
as an urgency statute.
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— 6 — AB 361
The people of the State of California do enact as follows:
SECTION 1. Section 89305.6 is added to the Education Code,
to read:
89305.6. (a) Notwithstanding any other provision of this
article, and subject to the notice and accessibility requirements in
subdivisions (d) and (e), a legislative body may hold public
meetings through teleconferencing and make public meetings
accessible telephonically, or otherwise electronically, to all
members of the public seeking to observe and to address the
legislative body.
(b) (1) For a legislative body holding a public meeting through
teleconferencing pursuant to this section, all requirements in this
article requiring the physical presence of members, the clerk or
other personnel of the legislative body, or the public, as a condition
of participation in or quorum for a public meeting, are hereby
suspended.
(2) For a legislative body holding a public meeting through
teleconferencing pursuant to this section, all of the following
requirements in this article are suspended:
(A) Each teleconference location from which a member will be
participating in a public meeting or proceeding be identified in the
notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the legislative body at
each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically
present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements in
subdivisions (d) and (e), shall have satisfied any requirement that
the legislative body allow members of the public to attend the
meeting and offer public comment. A legislative body need not
make available any physical location from which members of the
public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through
teleconferencing pursuant to this section and allows members of
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AB 361 — 7 —
the public to observe and address the meeting telephonically or
otherwise electronically, the legislative body shall also do both of
the following:
(1) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation from
individuals with disabilities, consistent with the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and
resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the
means by which members of the public may observe the meeting
and offer public comment, pursuant to paragraph (2) of subdivision
(e).
(e) Except to the extent this section provides otherwise, each
legislative body that holds a meeting through teleconferencing
pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for,
each public meeting according to the timeframes otherwise
prescribed by this article, and using the means otherwise prescribed
by this article, as applicable.
(2) In each instance in which notice of the time of the meeting
is otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of the
public may observe the meeting and offer public comment. As to
any instance in which there is a change in the means of public
observation and comment, or any instance prior to the effective
date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also
including notice of the means of public observation and comment,
a legislative body may satisfy this requirement by advertising the
means of public observation and comment using the most rapid
means of communication available at the time. Advertising the
means of public observation and comment using the most rapid
means of communication available at the time shall include, but
need not be limited to, posting such means on the legislative body’s
internet website.
(f) All legislative bodies utilizing the teleconferencing
procedures in this section are urged to use sound discretion and to
make reasonable efforts to adhere as closely as reasonably possible
to the otherwise applicable provisions of this article, in order to
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maximize transparency and provide the public access to legislative
body meetings.
(g) This section shall remain in effect only until January 31,
2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to
read:
11133. (a) Notwithstanding any other provision of this article,
and subject to the notice and accessibility requirements in
subdivisions (d) and (e), a state body may hold public meetings
through teleconferencing and make public meetings accessible
telephonically, or otherwise electronically, to all members of the
public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through
teleconferencing pursuant to this section, all requirements in this
article requiring the physical presence of members, the clerk or
other personnel of the state body, or the public, as a condition of
participation in or quorum for a public meeting, are hereby
suspended.
(2) For a state body holding a public meeting through
teleconferencing pursuant to this section, all of the following
requirements in this article are suspended:
(A) Each teleconference location from which a member will be
participating in a public meeting or proceeding be identified in the
notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the state body at each
teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present
at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing
and allows members of the public to observe and address the
meeting telephonically or otherwise electronically, consistent with
the notice and accessibility requirements in subdivisions (d) and
(e), shall have satisfied any requirement that the state body allow
members of the public to attend the meeting and offer public
comment. A state body need not make available any physical
location from which members of the public may observe the
meeting and offer public comment.
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AB 361 — 9 —
(d) If a state body holds a meeting through teleconferencing
pursuant to this section and allows members of the public to
observe and address the meeting telephonically or otherwise
electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation from
individuals with disabilities, consistent with the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and
resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the
means by which members of the public may observe the meeting
and offer public comment, pursuant to paragraph (2) of subdivision
(e).
(e) Except to the extent this section provides otherwise, each
state body that holds a meeting through teleconferencing pursuant
to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for,
each public meeting according to the timeframes otherwise
prescribed by this article, and using the means otherwise prescribed
by this article, as applicable.
(2) In each instance in which notice of the time of the meeting
is otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of the
public may observe the meeting and offer public comment. As to
any instance in which there is a change in the means of public
observation and comment, or any instance prior to the effective
date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also
including notice of the means of public observation and comment,
a state body may satisfy this requirement by advertising the means
of public observation and comment using the most rapid means
of communication available at the time. Advertising the means of
public observation and comment using the most rapid means of
communication available at the time shall include, but need not
be limited to, posting such means on the state body’s internet
website.
(f) All state bodies utilizing the teleconferencing procedures in
this section are urged to use sound discretion and to make
reasonable efforts to adhere as closely as reasonably possible to
the otherwise applicable provisions of this article, in order to
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— 10 — AB 361
maximize transparency and provide the public access to state body
meetings.
(g) This section shall remain in effect only until January 31,
2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended
to read:
54953. (a) All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be permitted
to attend any meeting of the legislative body of a local agency,
except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the
legislative body of a local agency may use teleconferencing for
the benefit of the public and the legislative body of a local agency
in connection with any meeting or proceeding authorized by law.
The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise
applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during
a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the
public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference
location shall be accessible to the public. During the teleconference,
at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory
over which the local agency exercises jurisdiction, except as
provided in subdivisions (d) and (e). The agenda shall provide an
opportunity for members of the public to address the legislative
body directly pursuant to Section 54954.3 at each teleconference
location.
(4) For the purposes of this section, “teleconference” means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
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AB 361 — 11 —
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot,
whether preliminary or final.
(2) The legislative body of a local agency shall publicly report
any action taken and the vote or abstention on that action of each
member present for the action.
(3) Prior to taking final action, the legislative body shall orally
report a summary of a recommendation for a final action on the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of a local agency executive, as defined in
subdivision (d) of Section 3511.1, during the open meeting in
which the final action is to be taken. This paragraph shall not affect
the public’s right under the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1) to
inspect or copy records created or received in the process of
developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), if a health authority conducts a
teleconference meeting, members who are outside the jurisdiction
of the authority may be counted toward the establishment of a
quorum when participating in the teleconference if at least 50
percent of the number of members that would establish a quorum
are present within the boundaries of the territory over which the
authority exercises jurisdiction, and the health authority provides
a teleconference number, and associated access codes, if any, that
allows any person to call in to participate in the meeting and the
number and access codes are identified in the notice and agenda
of the meeting.
(2) Nothing in this subdivision shall be construed as
discouraging health authority members from regularly meeting at
a common physical site within the jurisdiction of the authority or
from using teleconference locations within or near the jurisdiction
of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other
requirements of this section.
(3) For purposes of this subdivision, a health authority means
any entity created pursuant to Sections 14018.7, 14087.31,
14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
and Institutions Code, any joint powers authority created pursuant
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— 12 — AB 361
to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section
14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to
Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more
members.
(e) (1) A local agency may use teleconferencing without
complying with the requirements of paragraph (3) of subdivision
(b) if the legislative body complies with the requirements of
paragraph (2) of this subdivision in any of the following
circumstances:
(A) The legislative body holds a meeting during a proclaimed
state of emergency, and state or local officials have imposed or
recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed
state of emergency for the purpose of determining, by majority
vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed
state of emergency and has determined, by majority vote, pursuant
to subparagraph (B), that, as a result of the emergency, meeting
in person would present imminent risks to the health or safety of
attendees.
(2) A legislative body that holds a meeting pursuant to this
subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and
post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to
access the meeting and the agenda shall provide an opportunity
for members of the public to address the legislative body directly
pursuant to Section 54954.3. In each instance in which notice of
the time of the teleconferenced meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body
shall also give notice of the means by which members of the public
may access the meeting and offer public comment. The agenda
shall identify and include an opportunity for all persons to attend
via a call-in option or an internet-based service option. This
subparagraph shall not be construed to require the legislative body
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AB 361 — 13 —
to provide a physical location from which the public may attend
or comment.
(C) The legislative body shall conduct teleconference meetings
in a manner that protects the statutory and constitutional rights of
the parties and the public appearing before the legislative body of
a local agency.
(D) In the event of a disruption which prevents the public agency
from broadcasting the meeting to members of the public using the
call-in option or internet-based service option, or in the event of
a disruption within the local agency’s control which prevents
members of the public from offering public comments using the
call-in option or internet-based service option, the body shall take
no further action on items appearing on the meeting agenda until
public access to the meeting via the call-in option or internet-based
service option is restored. Actions taken on agenda items during
a disruption which prevents the public agency from broadcasting
the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to
be submitted in advance of the meeting and must provide an
opportunity for the public to address the legislative body and offer
comment in real time. This subparagraph shall not be construed
to require the legislative body to provide a physical location from
which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to
provide public comment through the use of an internet website, or
other online platform, not under the control of the local legislative
body, that requires registration to log in to a teleconference may
be required to register as required by the third-party internet
website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment
period for each agenda item shall not close the public comment
period for the agenda item, or the opportunity to register, pursuant
to subparagraph (F), to provide public comment until that timed
public comment period has elapsed.
(ii) A legislative body that does not provide a timed public
comment period, but takes public comment separately on each
agenda item, shall allow a reasonable amount of time per agenda
item to allow public members the opportunity to provide public
comment, including time for members of the public to register
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— 14 — AB 361
pursuant to subparagraph (F), or otherwise be recognized for the
purpose of providing public comment.
(iii) A legislative body that provides a timed general public
comment period that does not correspond to a specific agenda item
shall not close the public comment period or the opportunity to
register, pursuant to subparagraph (F), until the timed general
public comment period has elapsed.
(3) If a state of emergency remains active, or state or local
officials have imposed or recommended measures to promote
social distancing, in order to continue to teleconference without
compliance with paragraph (3) of subdivision (b), the legislative
body shall, not later than 30 days after teleconferencing for the
first time pursuant to subparagraph (A), (B), or (C) of paragraph
(1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of
the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the
ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend
measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency”
means a state of emergency proclaimed pursuant to Section 8625
of the California Emergency Services Act (Article 1 (commencing
with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024,
and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended
to read:
54953. (a) All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be permitted
to attend any meeting of the legislative body of a local agency in
person, except as otherwise provided in this chapter. Local agencies
shall conduct meetings subject to this chapter consistent with
applicable state and federal civil rights laws, including, but not
limited to, any applicable language access and other
nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the
legislative body of a local agency may use teleconferencing for
93
AB 361 — 15 —
the benefit of the public and the legislative body of a local agency
in connection with any meeting or proceeding authorized by law.
The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise
applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during
a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the
public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference
location shall be accessible to the public. During the teleconference,
at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory
over which the local agency exercises jurisdiction, except as
provided in subdivisions (d) and (e). The agenda shall provide an
opportunity for members of the public to address the legislative
body directly pursuant to Section 54954.3 at each teleconference
location.
(4) For the purposes of this section, “teleconference” means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot,
whether preliminary or final.
(2) The legislative body of a local agency shall publicly report
any action taken and the vote or abstention on that action of each
member present for the action.
(3) Prior to taking final action, the legislative body shall orally
report a summary of a recommendation for a final action on the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of a local agency executive, as defined in
subdivision (d) of Section 3511.1, during the open meeting in
93
— 16 — AB 361
which the final action is to be taken. This paragraph shall not affect
the public’s right under the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1) to
inspect or copy records created or received in the process of
developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), if a health authority conducts a
teleconference meeting, members who are outside the jurisdiction
of the authority may be counted toward the establishment of a
quorum when participating in the teleconference if at least 50
percent of the number of members that would establish a quorum
are present within the boundaries of the territory over which the
authority exercises jurisdiction, and the health authority provides
a teleconference number, and associated access codes, if any, that
allows any person to call in to participate in the meeting and the
number and access codes are identified in the notice and agenda
of the meeting.
(2) Nothing in this subdivision shall be construed as
discouraging health authority members from regularly meeting at
a common physical site within the jurisdiction of the authority or
from using teleconference locations within or near the jurisdiction
of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other
requirements of this section.
(3) For purposes of this subdivision, a health authority means
any entity created pursuant to Sections 14018.7, 14087.31,
14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
and Institutions Code, any joint powers authority created pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section
14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to
Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more
members.
(e) (1) A local agency may use teleconferencing without
complying with the requirements of paragraph (3) of subdivision
(b) if the legislative body complies with the requirements of
paragraph (2) of this subdivision in any of the following
circumstances:
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AB 361 — 17 —
(A) The legislative body holds a meeting during a proclaimed
state of emergency, and state or local officials have imposed or
recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed
state of emergency for the purpose of determining, by majority
vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed
state of emergency and has determined, by majority vote, pursuant
to subparagraph (B), that, as a result of the emergency, meeting
in person would present imminent risks to the health or safety of
attendees.
(2) A legislative body that holds a meeting pursuant to this
subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and
post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to
access the meeting and the agenda shall provide an opportunity
for members of the public to address the legislative body directly
pursuant to Section 54954.3. In each instance in which notice of
the time of the teleconferenced meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body
shall also give notice of the means by which members of the public
may access the meeting and offer public comment. The agenda
shall identify and include an opportunity for all persons to attend
via a call-in option or an internet-based service option. This
subparagraph shall not be construed to require the legislative body
to provide a physical location from which the public may attend
or comment.
(C) The legislative body shall conduct teleconference meetings
in a manner that protects the statutory and constitutional rights of
the parties and the public appearing before the legislative body of
a local agency.
(D) In the event of a disruption which prevents the public agency
from broadcasting the meeting to members of the public using the
call-in option or internet-based service option, or in the event of
a disruption within the local agency’s control which prevents
members of the public from offering public comments using the
call-in option or internet-based service option, the body shall take
no further action on items appearing on the meeting agenda until
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— 18 — AB 361
public access to the meeting via the call-in option or internet-based
service option is restored. Actions taken on agenda items during
a disruption which prevents the public agency from broadcasting
the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to
be submitted in advance of the meeting and must provide an
opportunity for the public to address the legislative body and offer
comment in real time. This subparagraph shall not be construed
to require the legislative body to provide a physical location from
which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to
provide public comment through the use of an internet website, or
other online platform, not under the control of the local legislative
body, that requires registration to log in to a teleconference may
be required to register as required by the third-party internet
website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment
period for each agenda item shall not close the public comment
period for the agenda item, or the opportunity to register, pursuant
to subparagraph (F), to provide public comment until that timed
public comment period has elapsed.
(ii) A legislative body that does not provide a timed public
comment period, but takes public comment separately on each
agenda item, shall allow a reasonable amount of time per agenda
item to allow public members the opportunity to provide public
comment, including time for members of the public to register
pursuant to subparagraph (F), or otherwise be recognized for the
purpose of providing public comment.
(iii) A legislative body that provides a timed general public
comment period that does not correspond to a specific agenda item
shall not close the public comment period or the opportunity to
register, pursuant to subparagraph (F), until the timed general
public comment period has elapsed.
(3) If a state of emergency remains active, or state or local
officials have imposed or recommended measures to promote
social distancing, in order to continue to teleconference without
compliance with paragraph (3) of subdivision (b), the legislative
body shall, not later than 30 days after teleconferencing for the
first time pursuant to subparagraph (A), (B), or (C) of paragraph
93
AB 361 — 19 —
(1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of
the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the
ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend
measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency”
means a state of emergency proclaimed pursuant to Section 8625
of the California Emergency Services Act (Article 1 (commencing
with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024,
and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to
read:
54953. (a) All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be permitted
to attend any meeting of the legislative body of a local agency,
except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the
legislative body of a local agency may use teleconferencing for
the benefit of the public and the legislative body of a local agency
in connection with any meeting or proceeding authorized by law.
The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions
of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during
a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the
public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference
location shall be accessible to the public. During the teleconference,
93
— 20 — AB 361
at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory
over which the local agency exercises jurisdiction, except as
provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative
body directly pursuant to Section 54954.3 at each teleconference
location.
(4) For the purposes of this section, “teleconference” means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot,
whether preliminary or final.
(2) The legislative body of a local agency shall publicly report
any action taken and the vote or abstention on that action of each
member present for the action.
(3) Prior to taking final action, the legislative body shall orally
report a summary of a recommendation for a final action on the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of a local agency executive, as defined in
subdivision (d) of Section 3511.1, during the open meeting in
which the final action is to be taken. This paragraph shall not affect
the public’s right under the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1) to
inspect or copy records created or received in the process of
developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), if a health authority conducts a
teleconference meeting, members who are outside the jurisdiction
of the authority may be counted toward the establishment of a
quorum when participating in the teleconference if at least 50
percent of the number of members that would establish a quorum
are present within the boundaries of the territory over which the
authority exercises jurisdiction, and the health authority provides
a teleconference number, and associated access codes, if any, that
allows any person to call in to participate in the meeting and the
number and access codes are identified in the notice and agenda
of the meeting.
93
AB 361 — 21 —
(2) Nothing in this subdivision shall be construed as
discouraging health authority members from regularly meeting at
a common physical site within the jurisdiction of the authority or
from using teleconference locations within or near the jurisdiction
of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other
requirements of this section.
(3) For purposes of this subdivision, a health authority means
any entity created pursuant to Sections 14018.7, 14087.31,
14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
and Institutions Code, any joint powers authority created pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section
14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to
Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more
members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to
read:
54953. (a) All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be permitted
to attend any meeting of the legislative body of a local agency, in
person except as otherwise provided in this chapter. Local agencies
shall conduct meetings subject to this chapter consistent with
applicable state and federal civil rights laws, including, but not
limited to, any applicable language access and other
nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the
legislative body of a local agency may use teleconferencing for
the benefit of the public and the legislative body of a local agency
in connection with any meeting or proceeding authorized by law.
The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions
of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during
a teleconferenced meeting shall be by rollcall.
93
— 22 — AB 361
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the
public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference
location shall be accessible to the public. During the teleconference,
at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory
over which the local agency exercises jurisdiction, except as
provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative
body directly pursuant to Section 54954.3 at each teleconference
location.
(4) For the purposes of this section, “teleconference” means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot,
whether preliminary or final.
(2) The legislative body of a local agency shall publicly report
any action taken and the vote or abstention on that action of each
member present for the action.
(3) Prior to taking final action, the legislative body shall orally
report a summary of a recommendation for a final action on the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of a local agency executive, as defined in
subdivision (d) of Section 3511.1, during the open meeting in
which the final action is to be taken. This paragraph shall not affect
the public’s right under the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1) to
inspect or copy records created or received in the process of
developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), if a health authority conducts a
teleconference meeting, members who are outside the jurisdiction
of the authority may be counted toward the establishment of a
quorum when participating in the teleconference if at least 50
93
AB 361 — 23 —
percent of the number of members that would establish a quorum
are present within the boundaries of the territory over which the
authority exercises jurisdiction, and the health authority provides
a teleconference number, and associated access codes, if any, that
allows any person to call in to participate in the meeting and the
number and access codes are identified in the notice and agenda
of the meeting.
(2) Nothing in this subdivision shall be construed as
discouraging health authority members from regularly meeting at
a common physical site within the jurisdiction of the authority or
from using teleconference locations within or near the jurisdiction
of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other
requirements of this section.
(3) For purposes of this subdivision, a health authority means
any entity created pursuant to Sections 14018.7, 14087.31,
14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
and Institutions Code, any joint powers authority created pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section
14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to
Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more
members.
(e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate
amendments to Section 54953 of the Government Code proposed
by both this bill and Assembly Bill 339. Those sections of this bill
shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2022, but this bill
becomes operative first, (2) each bill amends Section 54953 of the
Government Code, and (3) this bill is enacted after Assembly Bill
339, in which case Section 54953 of the Government Code, as
amended by Sections 3 and 4 of this bill, shall remain operative
only until the operative date of Assembly Bill 339, at which time
Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act
to improve and enhance public access to state and local agency
meetings during the COVID-19 pandemic and future applicable
93
— 24 — AB 361
emergencies, by allowing broader access through teleconferencing
options consistent with the Governor’s Executive Order No.
N-29-20 dated March 17, 2020, permitting expanded use of
teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and
4 of this act, which amend, repeal, and add Section 54953 of the
Government Code, further, within the meaning of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it relates
to the right of public access to the meetings of local public bodies
or the writings of local public officials and local agencies. Pursuant
to paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution, the Legislature makes the following
findings:
This act is necessary to ensure minimum standards for public
participation and notice requirements allowing for greater public
participation in teleconference meetings during applicable
emergencies.
SEC. 8. (a) The Legislature finds and declares that during the
COVID-19 public health emergency, certain requirements of the
Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code) were suspended by Executive Order
N-29-20. Audio and video teleconference were widely used to
conduct public meetings in lieu of physical location meetings, and
public meetings conducted by teleconference during the COVID-19
public health emergency have been productive, have increased
public participation by all members of the public regardless of
their location in the state and ability to travel to physical meeting
locations, have protected the health and safety of civil servants
and the public, and have reduced travel costs incurred by members
of state bodies and reduced work hours spent traveling to and from
meetings.
(b) The Legislature finds and declares that Section 1 of this act,
which adds and repeals Section 89305.6 of the Education Code,
Section 2 of this act, which adds and repeals Section 11133 of the
Government Code, and Sections 3 and 4 of this act, which amend,
repeal, and add Section 54953 of the Government Code, all increase
and potentially limit the public’s right of access to the meetings
of public bodies or the writings of public officials and agencies
93
AB 361 — 25 —
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be
conducted at a primary physical location with a quorum of
members present, this act protects the health and safety of civil
servants and the public and does not preference the experience of
members of the public who might be able to attend a meeting in
a physical location over members of the public who cannot travel
or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at
the location of each public official participating in a public meeting
remotely, including from the member’s private home or hotel
room, this act protects the personal, private information of public
officials and their families while preserving the public’s right to
access information concerning the conduct of the people’s business.
SEC. 9. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the California Constitution and shall
go into immediate effect. The facts constituting the necessity are:
In order to ensure that state and local agencies can continue
holding public meetings while providing essential services like
water, power, and fire protection to their constituents during public
health, wildfire, or other states of emergencies, it is necessary that
this act take effect immediately.
93
— 26 — AB 361
Approved , 2021
Governor
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-740 Agenda Date:9/21/2021
Version:1 Item #:8a.
Resolution of the City Council of the City of South San Francisco Declaring the Need for the City Council and
advisory bodies to continue to be able to meet remotely in order to ensure the health and safety of the public
and making related findings.
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional
resources available, formalize emergency actions already underway across multiple state agencies and
departments, and help the State prepare for a broader spread of COVID-19;
WHEREAS, on March 11, 2020, the City Council adopted Resolution Number 35-2020 declaring a local
emergency due to COVID-19; and
WHEREAS, on May 13, 2020, the City Council adopted Resolution Number 57-2020 amending and updating
a local emergency due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive
Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative
bodies to conduct meetings telephonically or by other means; and
WHEREAS,as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council
meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date
of September 30, 2021, for agencies to meet remotely; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID
-19 cases throughout the state; and
WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department
ordered all individuals to wear masks when inside public spaces and maintain social distancing; and
WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative
bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions,
including that the City Council makes specified findings; and
WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers,
and advisory body members in their respective meeting locations; and
City of South San Francisco Printed on 9/29/2021Page 1 of 2
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File #:21-740 Agenda Date:9/21/2021
Version:1 Item #:8a.
WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and
safety of all individuals who intend to attend Council and advisory body meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISO
RESOLVES AS FOLLOWS:
1.In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without
complying with the usual teleconference meeting requirements of the Brown Act, the City Council
makes the following findings:
a)The City Council has reconsidered the circumstances of the state of emergency; and
b)The state of emergency,as declared by the Governor and City Council,continues to directly
impact the ability of the City Council and the City’s advisory bodies,as well as staff and members
of the public, from meeting safely in person. ;
c)San Mateo County Health orders require all individuals in public spaces to maintain social
distancing;however the City cannot maintain social distancing requirements for the
Councilmembers, advisory bodies, staff and public in the meeting spaces; and
d)The City Council and advisory bodies continue to need to be able to meet remotely due to
present imminent risks to the health or safety of attendees.
2.City Council and advisory body meetings may continue to be conducted remotely in compliance with
AB 361, in order to better ensure the health and safety of the public.
3.The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of
this resolution.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-634 Agenda Date:9/21/2021
Version:1 Item #:9.
Report regarding holding a public hearing on the Program Year (PY)2020-21 Consolidated Annual
Performance and Evaluation Report (CAPER)for the Community Development Block Grant Program and
adopting a resolution approving the PY 2020-21 CAPER and authorizing its submittal to the U.S.Department
of Housing and Urban Development. (Heather Ruiz, Management Analyst)
RECOMMENDATION
Staff recommends that the City Council hold a public hearing on the Program Year (PY)2020-21 Consolidated
Annual Performance and Evaluation Report (CAPER)for the City of South San Francisco’s Community
Development Block Grant (CDBG)Program,and adopt a resolution approving the PY 2020-21 CAPER and
authorizing its submittal to the U.S. Department of Housing and Urban Development (HUD).
BACKGROUND/DISCUSSION
The U.S.Department of Housing and Urban Development requires jurisdictions that receive CDBG funds to
submit a year-end CAPER.The CAPER describes how the City of South San Francisco (City)utilized its
CDBG funds to address the City’s housing and community development needs.It further compares the City’s
accomplishments to the goals the City set in the Program Year (PY)2020-21 Annual Action Plan (AAP).The
CAPER outlines the activities that were funded,the people that were served,and provides a comprehensive
accounting of all CDBG funds allocated, expended, and/or reprogrammed during PY 2020-21
Pursuant to CDBG regulations,the City must provide a 15-day public comment period and hold a public
hearing on the CAPER,prior to submitting it to HUD.A public notice relating to the availability of the draft
CAPER was advertised in the San Mateo Daily Journal and posted on the City’s Facebook page and website on
September 3,2021.The report was made available at the City’s Economic &Community Development
Department offices,the City’s public libraries,and on the City’s website.Any comments received during the
comment period or at the public hearing will be incorporated into the CAPER.
In PY 2020-21,the City spent $596,684 in CDBG and CDBG-CV funding and $14,369 in HOME
administrative funding received from the San Mateo County HOME Consortium.The City used these CDBG
and HOME funds to support a number of programs including public services,home repair programs,and public
improvements. Specifically:
·154 individuals served through the City’s public service programs,which provided clothing,foster
youth services, rape trauma services, and other public services.
·176 individuals experiencing homelessness or at risk of homelessness were served through housing and
homeless services providers.
·22 individuals received comprehensive fair housing services,including case investigations,
consultations, and referrals through the City’s fair housing program.
·21 households were served through the City’s housing rehabilitation programs through organizations
like Rebuilding Together Peninsula,El Concilio of San Mateo County,and Center for Independence of
Individuals with Disabilities.
·27 small businesses were assisted with forgivable loans and grants through the Economic
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File #:21-634 Agenda Date:9/21/2021
Version:1 Item #:9.
·27 small businesses were assisted with forgivable loans and grants through the Economic
Development Assistance Program for Small Businesses.
FISCAL IMPACT
Holding this Public Hearing has no fiscal impact on the General Fund.Further,the use of CDBG funding
reduces spending from the City’s General Fund towards programs such as public services,minor home repair,
and public improvement projects.
RELATIONSHIP TO STRATEGIC PLAN
The CDBG Program addresses the following Strategic Plan areas:
·Strategic Plan Priority #2 Quality of Life
·Initiative 2.3 - Promote a balanced mix of housing options in South San Francisco
·Priority Area 3 Financial Stability
·Priority Area 6 Community Connections
CONCLUSION
Staff recommends that the City Council hold a public hearing to hear public comments on the PY 2020-21
CAPER and adopt a resolution approving the PY 2020-21 CAPER and authorizing its submittal to HUD.
Attachments:
1.CAPER Presentation
2.PY 2020-21 CAPER Draft
City of South San Francisco Printed on 9/17/2021Page 2 of 2
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Program Year 2020-2021
Consolidated Annual Performance and
Evaluation Report (CAPER)
September 21, 2021
City Council Meeting
Attachment 1
Expended
CDBG $246,139
CDBG-CV $350,545
330 Individuals and Households
Served Through CDBG and
HOME Programs
21 Households Served through
Housing Rehabilitation and
Minor Home Repair Programs
Households Served
CDBG Funds
CID 6
El Concilio 1
Rebuilding Together Rebuild Day 0
Rebuilding Together Safe at Home 12
City Sponsored Rehab Programs 2
Total 21
Public Service Individuals Served
CDBG Funds
Community Overcoming Relationship Abuse 4
Friends of Youth 21
Ombudsman Services of San Mateo 49
Rape Trauma Services 80
Samaritan House Safe Harbor 141
Star Vista Transitional Housing 35
Subtotal 330
Project Sentinel Fair Housing Services 22
Total 352
Home Admin Funds
Housing Rehab Programs
Small Business Relief Program
Borrower Name Loan Amount Borrower Name Loan Amount
1 Anita's Home Daycare $15,000 15 KLD Signature, Inc $15,000
2 Bon Bon Spa $15,000 16 Loop Luxury $10,000
3 Café Bunn Mi $15,000 17 MTC Trading Co, Inc $10,000
4 Cargo Fast International $15,000 18 Nationwide Limousine Service $15,000
5 Dragonfly Designs $15,000 19 Ng's Cooking LLC $15,000
6 Elite USA Inc $15,000 20 Nikoo Javanmardi Chiropractor $10,000
7 Eye Level Learning Center of SSF $15,000 21 Ramos Salon Boutique $15,000
8 Fairways & Greens Gold Accessorires, dba A $15,000 22 San Francisco Baking Institute $15,000
9 Garden Club $15,000 23 The Breakfast Guys $10,000
10 Giorgi Brothers $10,000 24 Thomas H. Tsang, CPA $15,000
11 Hi's Tackle Box, Inc.$15,000 25 Tiburon Hospitality, dba Hotel Focu $15,000
12 Izanami $15,000 26 Tom's Precision Auto $10,000
13 JMW Carpeting $15,000 27 Zorbas Pizza South San Francisco In $15,000
14 Karilagan $15,000
•27 businesses served
•48 low-income employees retained
Small Business Relief Program
The businesses listed below
will be included in the 2021-22
CAPER.
Borrower Name Loan Amount Borrower Name Loan Amount
1 South City Suds $15,000 11 Utap Printing Co $10,000
2 Antigua Coffee Shop $15,000 12 RevMab Biosciences USA, Inc $10,000
3 Airport Van Rentals $15,000 13 Trinity Dental Care $10,000
4 Trekker Van $10,000 14 Express Employment Professionals $10,000
5 Royalty Auto Collision Ctr $15,000 15 Chilo's Daycare $10,000
6 JEMM Enterprise Inc $10,000 16 Mr. Roofing, Inc $10,000
7 Chang and Khun Dental Corp.$15,000 17 Kumon of South SF $10,000
8 Giorgi Brothers $10,000 18 Happy Face Family Childcare $10,000
9 Joann's Café $15,000 19 Forward Logistics Inc $10,000
10 Nena's Beauty Salon $10,000 20 Nelly's Bridal Boutique $10,000
Ongoing CDBG Programs
•Small Business Relief Program
▫38 businesses
▫64 low-income FTE
•Technology Access Program (TAP)
▫400 laptops distributed
▫Internet connection
•Clean Air @ Home Program (CAH)
▫Program began on August 25, 2021
▫75 air purifiers
Conclusion
Staff recommends that the City Council hear public
comments on the PY 2020-2021 CAPER for the CDBG
Program and adopt a resolution the PY 2020-2021
CAPER and authorizing its submittal to HUD.
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and
executed throughout the program year.
The City faced many challenges in program year 2020 with the continued effects of the COVID 19
pandemic. With the direction and additional funding provided by the U.S. Department of Housing and
Urban Development, the City addressed community needs and new measures to reduce the effects of
COVID. There were a number of changes and protocols to existing and new programs that were
implemented during this year to address the the current crisis. Year 2020 was impacted by COVID 19
and the City’s progress against the goals in the PY 2020 Annual Action Plan.
As a response to the growing need for economic development assistance, the City of South San
Francisco developed the Economic Development Small Business Loan program to provide funding to
small businesses affected during mandatory shutdowns implemented statewide. As part of the CARES
Act, additional funding in the 2019 program year was available to aid those affected by COVID 19. The
City also identified CDBG entitlement funds that were allocated to programs to assist with a COVID 19
response. This program continued into 2020 to assist the City with the response to COVID 19.
Below is a brief overview of the programs and projects supported through the 2020 CDBG program. The
programs were evaluated for both their performance during PY 2020 as well as progress against the five
year goals established in the Consolidated Plan. The complete table of service goals and outcomes is
shown in Table 1.
City Sponsored Housing Rehabilitation Program
The City issued one debris box voucher, one emergency voucher, and provided no rehabilitation loans
during 2020. The City is exploring more options for the housing rehabilitation loan program to partner
with other jurisdictions and to help steamline this activity. The City continued its partnerships with CID,
RTP and El Concillo to run the minor home repair programs.
Public Services
Public service providers include Community Overcoming Relationship Abuse CORA, Ombudsman
Services, Rape Trauma Services Center, Samaritan House, and Star Vista. These organizations provided
services to 330 youth, seniors, persons with disabilities, and low-income persons and families. The total
amount spent by CDBG for these programs was approximately $77,195.
Economic Development
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
To help mitigate the impact of COVID 19, the City of South San Francisco created a new Economic
Development Small Business Relief Fund for local businesses. A number of businesses were required to
shutdown to slow the effects of COVID 19. In program year 2019, 11 businesses were provided loans.
This is an ongoing program that is continued through program year 2020. In 2020, the City assisted 27
businesses in retaining 48 full time jobs in the City of South San Fancisco. The total spent for these
programs in 2020 is $350,545.
Comparison of the proposed versus actual outcomes for each outcome measure submitted
with the consolidated plan and explain, if applicable, why progress was not made toward
meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators,
units of measure, targets, actual outcomes/outputs, and percentage completed for each of the
grantee’s program year goals.
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and
specific objectives identified in the plan, giving special attention to the highest priority
activities identified.
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators,
units of measure, targets, actual outcomes/outputs, and percentage completed for each of the
grantee’s program year goals are provided in Table 1. The COVID 19 pandemic hindered many of the
organizations and City efforts to complete the goals established in the 2020 Annual Action Plan.
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Project Activity Agency or
Operator Goal Category CDBG
Funding Expended Indicator Unit of
Measure
Exp.
Prog.
Yr.
Actual
Prog.
Yr.
%
Comp
Planning and
Admin. City Staff
Efficient
Administration
and Oversight
Efficient
Administration
and Oversight
$238,715 $ 86,526 Annual
Administration NA NA NA 10%
City Staff
Efficient
Administration
and Oversight
Efficient
Administration
and Oversight
104715 $ 67,162 Annual
Administration NA NA NA
City Staff
Efficient
Administration
and Oversight
Efficient
Administration
and Oversight-
CARES ACT
20,000 $ 16,467 Annual
Administration NA NA NA
City Staff
Efficient
Administration
and Oversight
Efficient
Administration
and Oversight-
CARES ACT
114,000 $ 2,897 Annual
Administration NA NA NA
Project Sentinel
Fair Housing
Services
Suitable living
environment
Non-Homeless
Special Needs
HOME
$14,396 $ 14,396
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 16 22 100%
Housing Rehab
Programs
TOTAL Multiple
Providers
Housing
opportunities
Affordable
Housing $213,750 $82,418
Homeowner
Housing
Rehabilitated
Housing
Unit 41 21
CID Housing
opportunities
Affordable
Housing $10,000 $9,835
Homeowner
Housing
Rehabilitated
Housing
Unit 5 6 120%
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
El Concilio Housing
opportunities
Affordable
Housing $27,000 $19,013
Homeowner
Housing
Rehabilitated
Housing
Unit 7 1 14%
Rebuilding
Together Rebuild
Day
Housing
opportunities
Affordable
Housing $15,750 $0
Homeowner
Housing
Rehabilitated
Housing
Unit 3 0 0%
Rebuilding
Together Safe at
Home
Housing
opportunities
Affordable
Housing $55,000 $50,310
Homeowner
Housing
Rehabilitated
Housing
Unit 12 12 100%
Rehab Loan Housing
opportunities
Affordable
Housing $97,000 $0
Homeowner
Housing
Rehabilitated
Housing
Unit 2 0 0%
Debris Box
Vouchers
Housing
opportunities
Affordable
Housing $5,000 $1,900
Homeowner
Housing
Rehabilitated
Housing
Unit 10 1 10%
Emergency
Vouchers
Housing
opportunities
Affordable
Housing $4,000 $1,360
Homeowner
Housing
Rehabilitated
Housing
Unit 2 1 50%
Public Services TOTAL Multiple
Providers
Suitable living
environment
Non-Homeless
Special Needs $50,200 $50,195
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 177 154 155%
Community
Overcoming
Relationship
Abuse (CORA)
Suitable living
environment
Non-Homeless
Special Needs $10,200 $10,200
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 6 4 67%
Friends of Youth Suitable living
environment
Non-Homeless
Special Needs $5,000 $4,999
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 20 21 102%
Ombudsman
Services of San
Mateo
Suitable living
environment
Non-Homeless
Special Needs $20,000 $20,000
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 73 49 67%
Rape Trauma
Services
Suitable living
environment
Non-Homeless
Special Needs $15,000 $14,996
Public Services
other than
Low/Mod Housing
Benefit
Persons
Assisted 78 80 102%
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Public Services
Homeless
Support
TOTAL Multiple
Providers
Housing
opportunities Homeless $27,000 $27,000
Public Services for
Low/Mod Housing
Benefit
Persons
Assisted 115 176 153%
Samaritan House
Safe Harbor
Housing
opportunities Homeless $16,000 $16,000
Public Services for
Low/Mod Housing
Benefit
Persons
Assisted 92 141 300%
Star Vista
Transitional
Housing
Housing
opportunities Homeless $11,000 $11,000
Public Services for
Low/Mod Housing
Benefit
Persons
Assisted 23 35 150%
Public Facilities
and Infrastrct.
City Staff,
Contractors
Public
Infrastructure
Non-Housing
Community
Development
$0
Public Facility or
Infrastructure
Activities for
Low/Moderate
Income Housing
Benefit
Number of
Projects 100%
Economic
Development
City Staff,
Contractors
Public
Infrastructure
Non-Housing
Community
Development
$
440,353 $ 350,545
Public Facility or
Infrastructure
Activities for
Low/Moderate
Income Housing
Benefit
Number of
Projects 40 78
Economic
Development
Economic
Development
Economic
Development $440,353 $350,545
Public Facility or
Infrastructure
Activities for
Low/Moderate
Income Housing
Benefit
Persons
with
Improved
Access
40 27 68%
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 171
Black or African American 51
Asian 47
American Indian or American Native 28
Native Hawaiian or Other Pacific Islander 13
Total 310
Hispanic 108
Not Hispanic 202
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Table 2 above shows the race and ethnic distribution of services across households and persons. The
above table does not include mixed race or those who categorize themselves as other. The City has
recorded a total of 330 people helped through public service programs.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 970,018 596,684
Table 3 - Resources Made Available
Narrative
Addressing Housing Needs
As part of the redevelopment agency dissolution, the City is required to sell Redevelopment Agency
property. The City has used this as an opportunity to sell redevelopment property and City-owned
property to build and preserve housing. Moreover, the following city-owned properties locted in CDBG
service areas are intended to accommodate the City’s housing needs:
• 201 Baden: 82 Below Market Rate units
• 432 Baden: 36 residential rental units
• 201-219 Grand Avenue: Mixed-use project with 47 Below Market Rate units
• 418 Linden: 37 Below Market Rate residential units
• 1051 Mission Road: 800 residential units, 158 inclusionary housing units.
New Public Facilities
The City identified the need for a facility for homeless individuals to provide food,
restroom/hygiene/shower facilities, referrals, and resources. The City does not currently have a facility
to address these needs, but continues to work with the Homeless Outreach Team, the County’s
Coordinated Entry System partners and core agency to serve homeless familes and individuals to ensure
they get the services they need. County partners, City staff, and the South San Francisco Police
Department are in constant communications around homeless families and invididuals. With the uptick
of families living in vehicles, the City is working with the County to address needed resources for
individuals and families living in RVs and vehicles.
Existing Public Facilities
In the Con Plan, the City established a need for disabled access modifications to city-owned and non-
profit owned facilities to enhance access for the disabled community. The City is proactive in addressing
these accessibility issues at city-owned properites and has developed an ADA Transiiton Plan to help
prioritize projects. This program year, Gardiner Park was updated to provide greater accessibility.
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify the geographic distribution and location of investments
Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Services Area
CDBG Target Area 42
SSF Downtown Tracts 6021,
6022 40
Table 4 – Identify the geographic distribution and location of investments
Narrative
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- and moderate-income. Therefore, improvements
made to this area, through activities like public right of way accessibility improvements and public
facility improvements that provide additional access to residents and neighborhoods are supported
through the CDBG program.
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The non profit organizations that received CDBG funding leveraged their CDBG grants with their
own funding from foundations, state and county grants, private donors, corporations, in-kind
donors, and/or fees for service. The City also leveraged CDBG funds with local funds in the
public infrastructure projects.
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 57 23
Number of households supported through
Acquisition of Existing Units 0 0
Total 57 23
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
This year, the City served 21households through the following housing rehabilitation programs/projects:
Center for Independence of Individuals with Disabilities (CID) Housing Accessibility Modification (HAM)
Program, El Concilio’s Peninsula Minor Home Repair Program, the City-Sponsored Housing
Rehabilitation Program, and both the Rebuilding Together Peninsula’s (RTP) Safe at Home and National
Rebuilding Day programs.
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CID - HAM Program: CID was able to meet 120% of its goal and provided accessibility modifications to 6
low-income households.
El Concilio’s Peninsula Minor Home Repair Program: Under Peninsula Minor Home Repair, El Concilio
interviewed, enrolled and assessed three households in the City of South San Francisco. Because of
COVID shelter in place restrictions, El Concillo was not able to meet their goals for the year.
City-Sponsored Housing Rehabilitation Program: The City issued one Debris Box Vouchers and one
Emergency Repair Vouchers. The City is revamping the housing rehabilitation program to improve
resident participation, including adding marketing and revising program guidelines. The City is also
looking at ways to partner with other agencies, both in the City and in neighboring jurisdictions to find
more effective ways to operate ongoing rehabilitation programs. Future partnering efforts include
working with Code Enforcement and neighborhood associations to improve participation in the Debris
Box Voucher and Emergency Repair Voucher programs, and working with other members of the
Consortium to see if it is possible to develop a regional home repair loan program.
RTP – Safe at Home Program: RTP served 12 clients and met their goal. National Rebuilding Day is
usually completed annually in April, but is delayed due to COVID regualtions to December and will assist
three homes in South San Francisco
Discuss how these outcomes will impact future annual action plans.
The COVID 19 pandemic greatly impacted the ability for organizations to meet goals set for program
year 2020. In the past, the City has met with organizations who do not meet their goals and establish
ways to improve operations or establish realistic goals in the future. With recommendations from HUD,
in order to help service providers increase the number of households that they are able to serve, the
City worked with each service provider to determine a fair administrative and project delivery cost for
implementing their respective overall program’s scope of work.
All of the rehabilitation programs received slight increases in funding with expected increases in meeting
goals for PY 2020, and the City will be monitoring closely to evaluate the impact that the increase funds
have on performance
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 346 0
Low-income 21 0
Moderate-income 0 0
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Total 353 0
Table 7 – Number of Households Served
Narrative Information
100% of households served met the CDBG income requirements of either being extremely low income
(30% or less of Area Median Income[AMI]), low income (31-50% of AMI), or moderate income (51-80%
of AMI). None of the program participants were above moderate-income.
Along with the construction and preservation of housing on city-owned property and Successor Agency
property, the City’s housing policies, which include inclusionary housing and an affordable housing trust
fund for housing related activities, demonstrate the City’s commitment to addressing the City’s housing
needs.
Worst-case housing needs, or individuls and families who are rent burdened, live in substandard
housing, or have been involuntarily displaced are the most vulnerable residents in South San Francisco.
Public Service subrecipients Samaritan House, StarVista, and HIP Housing offer housing and shelter
services for residents who experience these needs. In an effort to address substandard living conditions
and ensure that residents can afford their next dwelling unit in the same city, the City most recently
adopted a Red Tag Ordinance to address unsafe living conditions. If a tenant must vacate a unit due to
substandard units, the landlord is required to pay the tenant three times Fair Market Value Rent plus
relocation costs, or provide the tenant with a comparable dwelling unit. In addition, YMCA, the city’s
core agency provides rental assistance for residents who need assistance for a deposit or to to fill a gap
in payment.
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Homeless Outreach Team (HOT) a multi-disciplinary, bilingual program that consists of shelter
service providers, South San Francisco Police Department, City staff, and elected officials. The HOT
Program has a full-time case manager that works, in collaboration with the City’s police, to identify and
serve the most difficult, long term homeless individuals by placing them in emergency shelters and
connecting them with County medical and rehabilitation services. In 2019, the HOT Team found more
individuals and families living in their cars and has been working with the County to evaluate how many
people are living in their vehicles, and how the City could assist them with other basic needs.
Every quarter, the HOT Program holds a Case Managers Meeting that brings together homeless
providers, other social service providers, County staff, City staff, City Police and the HOT case manager
to discuss current issues with HOT clients and to identify potential solutions. Additionally, there is a HOT
Steering Committee comprised of elected officials, program managers, and City staff who work to make
larger program-wide and policy level changes to improve the homeless outreach, services and
prevention efforts in South San Francisco and County-wide.
Addressing the emergency shelter and transitional housing needs of homeless persons
Samaritan House – Safe Harbor
This year, the City has provided Samaritan House CDBG funding to operate the Safe Harbor Shelter. Safe
Harbor provides emergency (less than 30 days) and transitional (30 days to six months) shelter, for
single homeless adults over age 18 in South San Francisco.
Safe Harbor provided shelter to 141 South San Francisco residents exceeding their goal by 300%.
Samaritan House has provided emergency and transitional shelter for a total of 141 clients this past
year. Safe Harbor Shelter is a 90 bed homeless shelter located in South San Francisco that provides both
emergency and transitional housing for homeless women and men 18 years and older from San Mateo
County. Safe Harbor is an integral component of the County’s housing crisis resolution system, offering a
wide range of supportive services to maximize each client’s ability to enter permanent housing as
quickly as possible. Residents participate in case management, which includes referrals to housing
resources, mental health services, AOD programming, employment resources and more.
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CORA
CORA assisted four South San Francisco clients in 2020. As a result of the COVID-19 pandemic, CORA was
not able to fully complete operate at full capacity. CORA Crisis Intervention Department provides a 24-
hour hotline, Emergency Response Program collaboration with law enforcement, and the two
emergency shelters. CORA also combined its Mental Health program, Children’s Program, and
Supportive Housing Programs under the newly formed Family Support Services Department. The other
departments (Legal, Community Education, Administration, and Development) remain unchanged.
In addition to the funding provided to these two non-profits, the City was able to make non-monetary
efforts to address the emergency shelter and transitional housing needs of homeless persons by
continuing to actively participate in the Continuum of Care (CoC) Steering Committee and Project
Performance Subcommittee. This year, the CoC focused on creating ways to better evaluate and
improve the effectiveness of the County’s homeless programs to align with objectives set forth in the
Homeless Emergency Assistance and Rapid Transition to Housing Action (HEARTH), and the federal
strategic plan, Opening Doors. The CoC continue to work towards set standards. These are:
1. Percentage of exits to permanent housing;
2. Housing retention rate;
3. Participants obtaining employment income during program participation;
4. Participants increasing total income during program participation;
5. Program occupancy levels;
6. CoC/Emergency Solution Grant (ESG) spending rates; and
7. Homeless Management Information System (HMIS) data quality.
These performance measures will allow the CoC to identify areas of improvement and better address
the needs of homeless persons.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Project Sentinel provides comprehensive fair housing services including complaint investigation,
community outreach, and education to San Mateo County residents. Project Sentinel assisted a total of
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
22 South San Francisco residents this year through their various services (case investigations,
consultations, and referrals).
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
As mentioned previously, the Homeless Outreach Team (HOT) has been very successful in placing HOT
clients in housing and connecting them with needed services. Samaritan House provided services to 141
persons in need of transitional housing. StarVista works with emancipated foster youth to stabilize their
housing situation and served 35 clients during PY 2019. The Life Moves (formerly InnVision Shelter
Network), and family homeless shelter in Daly City, Family Crossroads, underwent major rehabilitation
and seismic retrofitting in 2015, is now open and serving clients.
The City continues to work with the CoC to address homeless needs in the community.
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The South San Francisco Public Housing Authority (SSFPHA) operates as a separate entity and submits its
own action plans and performance reports to HUD separately from the City of South San Francisco. The
SSFPHA manages 80 units of affordable public housing. Information about the needs and strategy of the
SSFPHA can be found in the SSFPHA’s AAP.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
Not applicable
Actions taken to provide assistance to troubled PHAs
Not applicable
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken 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. 91.220 (j); 91.320 (i)
The City took the following actions to remove or ameliorate the negative effects of public policies that
serve as barriers to affordable housing:
• The City’s municipal code provides SSFMC section 20.390 provides incentives to developers for
the production of housing that is affordable to lower and moderate-income residents.
• Continued 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.
• The City’s General Plan, and specifically the Housing Element, includes policies that support the
development of affordable housing. Two years ago, the 2015-2023 Housing Element was
adopted by State Housing and Community Development. In 2019 as reported in the City's
Housing Element Annual Progress Report, the City continues to make strides in affordable
housing policy, demonstrated by the following actions:
• The City's Inclusionary Housing Regulations to require a 15% contribution to affordable housing
for residential rental projects, reduce the requirement from 20% to 15% for residential for sale
projects, and adopted an inclusionary for commercial, office and hotel development. The City
has applied each year for state funding through the Cap & Trade grant programs for monies to
construct complete streets in support of pending affordable housing projects within the
Downtown Station Area Specific Plan. To date, no grant monies have been awarded to the
City.Additionally, a 100% affordable rental project for very-low income seniors has been issued
construction permits in 2017 and was completed in early 2019. This project successfully received
affordable housing financing with the City's support of the project application. Two other
projects involving City funding (ROEM) have applied for grant monies to help fund their
affordable projects and the City supported those applications.
• The City continues to support the rehabilitation of existing housing stock by using CDBG funding
to support home repair programs.
• Continued to consider a process to allow fee waivers or deferrals of planning, building, and
impact fees for affordable housing developments.
• Reduced government and public infrastructure constraints to affordable housing development
through administrative support, inter-governmental cooperation, public-private partnerships,
and permit streamlining.
• Implementing zoning to ensure there is an adequate supply of land to meet its Association of
Bay Area Governments (ABAG) regional housing needs allocation by adopting the Downtown
Station Area Specific Plan which includes community benefits.
• The City included in the Housing Element to consider a reduction in the minimum lot size for
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
downtown development properties to encourage affordable, small housing development and
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
Given the limited funds available, the City prioritized activities which provide maximum benefits to the
community. Many local service providers are also experiencing declines in both private and public
funding, which further hinder their capability to meet needs. The City addressed this obstacle by
continuing to look for new funding sources and find creative ways to leverage and utilize existing
funding. Additionally, the City encouraged collaboration amongst itself, other jurisdictions, and non-
profits. The majority of the City’s CDBG funds were allocated to supporting housing rehabilitation and
public right of way improvement projects because they are not restricted by spending limitations and
are highly impactful. A major funding obstacle continued 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
this need far exceeded the funds available to provide those services, this year, the City selected those
activities which would be most effective.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The City continued to incorporate lead testing and lead safe work practices into all rehabilitation
projects it funds. Additionally, the City continued to provide lead-based paint information available on
its website, to all the local non-profit agencies, to homeowners and renters. The City also provided loans
and grants to homeowners and public facilities to abate lead-based paint hazards.
In addition, the City is working with San Mateo County to provide funding to low-income families who
qualify for lead abatement funds through a Lead Abatement Settlement.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
Housing
Safe and affordable housing is an essential component in the efforts to reduce poverty. With the loss of
Redevelopment Agency (RDA) funding, the City was unable to contribute to the development of new
affordable housing. However, the City did make efforts to maintain the existing supply of affordable
housing by funding multiple home rehabilitation activities (See Section CR-20 - Affordable Housing). The
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
City also continued to operate its 16 affordable housing units and oversee the Below Market Rate (BMR)
Program. In addition City staff fielded numerous phone calls and in person inquiries regarding
information on affordable housing. These resource packets, along with the City’s website, are updated
on a regular basis with affordable housing information.
Public Services
As mentioned, the City supports a variety of non-profit organizations that provide housing assistance,
food, child care, clothing, health services, legal services, and other emergency services to low-income
residents. The City also promotes communication and collaboration among the nonprofits to avoid
duplication of efforts and to be able to provide more comprehensive/”wrap around” services for low-
income residents. Additionally, the City has in-house programs that also helped residents improve their
economic opportunities. For example, the City’s Community Learning Center offered classes in English,
computers, native language literacy, job training, and citizenship along with providing activities for
children.
Economic Development
The City also takes on various economic development efforts to attract and retain businesses and jobs in
South San Francisco. The City continues to operate the Business Cooperation Program (BCP) which seeks
to lower the cost of doing business in the City. This program consists of three elements:
1. Contacting the major businesses and developers to assess how the City’s economic
development efforts can be altered to meet their needs, and let them know the City is
supportive of their business efforts;
1. Providing information on the City’s commercial (Property Assessed Clean Energy) PACE program
to assist in financing improvements that will save energy for the businesses and achieve the
City’s Climate Action Goals, and providing information on other business support programs such
as Employment Training Panel (ETP) assistance, and the Governor’s Office of Business and
Economic Development (Go-Biz) financial programs; and
1. Ask for participation in the City’s proposed Sales and Use Tax Program that will retain these
taxes locally instead of them being allocated to the County sales Tax pool.
The City has also partnered with several regional agencies and organizations that focus on job growth.
For example, City staff works closely with Skyline College’s Science, Technology, Engineering, and
Mathematics (STEM) program that assists high school students, the Bay Area Entrepreneur Center
(BAEC), a business incubator/accelerator and resource center for start-up companies, and early stage
companies, Joint Venture Silicon Valley, and ChinaSF.
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City made the following efforts to improve and/or develop institutional structure:
• Continued to work with the other local jurisdiction as part of the CDBG "Work Group" to
increase collaboration and make administrative and monitoring processes standardized and
electronic/automated. For example, the CDBG Work Group moved the environmental review
and project approval process for minor home repair programs into an online format.
• Continued to serve 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
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.
• Continued to build and improve relationships with local service providers.
The City has had challenges with meeting timeliness in spending in the past, resulting from
unpredictable program income receipts and changes in program and project subscription. The City is
actively reviewing and improving under-served programs, and reprogramming funds from programs that
have met set goals and are no longer in high demand. The ongoing pandemic has also resulted in delays
with timeliness, but is working with HUD to help manage and address meeting the criteria and goals of
the program.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City took following actions to enhance coordination between public and private housing and social
service agencies:
• Continued to collaborate with the County of San Mateo, private housing developers, lenders,
and non-profit housing developers in order to create more affordable housing.
• Continued to participate in the CDBG "Work Group" and to improve CDBG administrative
processes for both sub-recipients and City staff.
• Continued to fund non-profit agencies serving low-income residents
• Encouraged collaboration and cooperation among local service providers.
• Continued to participate in the CoC Steering Committee.
• Continued to work with HOT which brings together the HOT case manager, City police and staff,
homeless providers, and other social service providers.
• Continued to participate in the San Mateo County HOME Consortium and to serve on the San
Mateo County's Housing & Community Development Committee (HCDC)
• Continued to build and improve relationships with local service providers.
• Continued working with regional economic development groups and promote economic
development collaborations.
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Continued to work with businesses and the Chamber of Commerce on downtown beautification
and other projects to improve the downtown
• Continued to finance and support the City sponsored housing rehab program.
• Worked with El Concilio, RTP and CID to coordinate housing repair and rehabilitation needs
throughout the community.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
During PY 2016 the City participated in a regional Assessment of Fair Housing. The Assessment of Fair
Housing provides new goals and metrics by which the City will work to address fair housing issues in the
community. The assessment was completed in PY 2017 and approved by HUD. The City used the
assessment as a tool in preparing the new 2018-2023 Consolidated Plan that will guide implementation
in the CDBG program for the next five years. In addition, the City has been collaborating with MTC to
find the right tools for cities to analyze fair housing impediments.
Other actions currently under way include:
• The City continued to support testing and enforcement activities, efforts to educate landlords
and property management companies about fair housing law, and efforts to educate housing
consumers in fair housing rights.
• The City continued to support investigations into actual cases, and efforts to educate housing
providers about requirements for reasonable accommodation or modification.
• The City continued to support efforts by outside groups to educate buyers through credit
counseling and home purchase training.
• In 2012, Project Sentinel was denied HUD funding due to lack of HUD funding, ineffective fair
housing outreach, and inadequate documentation of fair housing activities. Since 2012, Project
Sentinel has been able to identify and evaluate the causes of denial of HUD funding in
2012. Project Sentinel collaborates with the County and other entilement jursidictions to
evaluate Project Sentinel’s current fair housing outreach and education efforts. In addition,
Project Sentinel has improved its documention of activities such as testing and enforcement. For
PY 2020, the City of South San Francisco received $14,396 in HOME Administrative Funds, which
it uses to fund Project Sentinel in their support of fair housing efforts.
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City uses the Consolidated Subrecipient Monitoring Plan (Monitoring Plan) that was developed by
the entitlement jurisdictions in San Mateo County to review performance over a period of time and to
evaluate compliance of non-profit subrecipients funded with CDBG funding. The Monitoring Plan
specifies the criteria the City uses to determine potential areas and levels of risk, which include quarterly
desk reviews, new subrecipients or organizational change, cumulative grant award amount,
administrative history, program performance, and financial capacity. On a quarterly basis, the City
conducts a limited review of all subrecipients, which includes reviewing quarterly performance reports
and expense summaries that are submitted by the subrecipients. These quarterly performance reports
update staff as to whether the non-profit is meeting its annual objectives and the status of the program.
Additionally, the City will conduct on-site monitoring reviews of those subrecipients the City determines
to have potential risks and/or have not been monitored in recent years. The on-site monitoring consists
of a programmatic and fiscal review of files, a tour of the program facilities as appropriate, an
explanation of the services provided, discussions with program and administrative staff, and
introduction to one or more actual beneficiaries, if possible. Also, the City can conduct in-depth reviews,
if needed, which typically consist of a concentrated review of a known high-risk area or critical function.
During PY 2020, the City was able to review and monitor several shared services providers and verify
that the projects were in compliance with applicable laws, regulations, and policies related to CDBG. For
the remaining agencies, the City monitoried them remotely via desk review.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
A notice announcing the 15-day public comment period and a public hearing for the CAPER was made
available for public review from September 3 through September 17, 2021. All notices informed citizens
about the purpose of the CAPER and invited them to review the document and to either submit
comments or provide them at the public hearing. All notices included the phone number and address of
the Economic & Community Development (ECD) office in order to address any community inquiries. This
notification was written in English and Spanish in an effort to reach the City’s Spanish language
community. Draft copies of this report were made available at all public libraries, at the City’s ECD office,
and on the City’s main website on September 3, 2021. Additionally, an email notification was sent out to
local non-profits and CDBG sub-recipients. Subsequently, a public hearing was held on September 21,
2021.
No comments were received for the CAPER during the comment period.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The 2020 program year was amended in April of 2020 to address the City’s objectives of providing
Economic Development Assistance to businesses directly affected by the COVID-19 pandemic. A
substantial amendment was changed to use CDBG-CV funding and entitlement money set aside for
home rehabilitation loans towards the economic development program.
Each year, the City conducts a needs assessment and reviews the prior year performance of each CDBG
activity before it allocates funding. This is to ensure that CDBG funding is being used to meet the City’s
objectives for the year, and to make sure the CDBG program is aligned with the applicable Consolidated
Plan.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The 2020 program year was amended in April of 2020 to address the City’s objectives of providing
Economic Development Assistance to businesses directly affected by the COVID-19 pandemic. A
substantial amendment was changed to use CDBG-CV funding and entitlement money set aside for
home rehabilitation loans towards the economic development program.
Each year, the City conducts a needs assessment and reviews the prior year performance of each CDBG
activity before it allocates funding. This is to ensure that CDBG funding is being used to meet the City’s
objectives for the year, and to make sure the CDBG program is aligned with the applicable Consolidated
Plan.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-709 Agenda Date:9/21/2021
Version:1 Item #:9a.
Resolution approving the Program Year (PY)2020-21 Consolidated Annual Performance and Evaluation
Report (CAPER)for the Community Development Block Grant Program and adopting a resolution approving
the PY 2020-21 CAPER and authorizing its submittal to the U.S.Department of Housing and Urban
Development.
WHEREAS,the U.S.Department of Housing and Urban Development (“HUD”)requires communities
receiving Community Development Block Grant (“CDBG”)funds to submit a year-end Consolidated Annual
Performance and Evaluation Report (“CAPER”); and
WHEREAS,as required by federal law,the CAPER has been available for public review in the Economic and
Community Development Department office,the City’s public libraries,and on the City’s website since
September 3, 2021; and
WHEREAS,a notice of public hearing was published in the San Mateo Daily Journal on September 3,2021;
and
WHEREAS,in Program Year (“PY”)2020-21 the City expended $246,139 in CDBG funding,$350,545 in
CARES Act funding,and $14,369 in HOME administrative funding received from the San Mateo County
HOME Consortium to carry out a broad range of community development activities; and
WHEREAS,on September 21,2021 the City held a duly noticed public hearing on the PY 2020-21 CAPER for
the CDBG Program; and
WHEREAS, the City Council wishes to approve the PY 2020-21 CAPER and authorize its submittal to HUD.
NOW THEREFORE IT BE RESOLVED that the City Council of the City of South San Francisco does hereby
approves the PY 2020-21 CAPER.
BE IT FURTHER RESOLVED,the City Council hereby authorizes the City Manager to submit the PY 2020-21
CAPER to the U.S.Department of Housing and Urban Development,and to take any other actions as necessary
to carry out the intent of this Resolution.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-695 Agenda Date:9/21/2021
Version:1 Item #:10.
Report regarding a Motion to conceptually approve the five-year sewer rate plan and directing staff to prepare
sewer rate plan notices under Proposition 218. (Mike Futrell, City Manager, Janet Salisbury, Finance Director,
Eunejune Kim, Public Works Director/City Engineer, and Brian Schumacker, Plant Superintendent )
RECOMMENDATION
Staff recommends that the City Council,by motion,conceptually approve the five-year sewer rate plan and
direct staff to prepare sewer rate plan notices under Proposition 218.
BRIEF
§Sewer rates finance ongoing operation and maintenance and capital improvement projects required to
collect and treat wastewater.
§The City of South San Francisco's sewer rate is approximately 37%below the San Mateo County
average.
o Since Fiscal Year (FY)2011-12,South San Francisco has only increased sewer fees by 3.5 %
each year (on average) while meeting mandates and infrastructure maintenance needs.
o The City has reduced or waived previously-adopted annual rate increases in two of the past five
years.
§The City of South San Francisco shares some of these costs with partner agencies.
§Bartle Wells Associates (BWA)completed a comprehensive Sewer Rate Plan Study in 2021 and
developed five-year rate projections.
Recommended
2022-23 2023-24 2024-25 2025-26 2026-27
Maximum Increase 2% 3% 3% 3% 3%
§The maximum recommended increases per year provides the following benefits:
o Generates an additional $4 million in sewer fund revenues over the next five years,providing
additional funding for capital needs while minimizing impacts to existing fund balance; and
o The compounding effect of the marginal increases over five years lends itself to continued low
rate increases in future years.
§The most recent Comprehensive Annual Financial Report (CAFR)report shows a sewer fund balance of
approximately $25 million.The five-year funding scenario assumes a partial drawdown of fund
balances for capital project funding needed in upcoming years.
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o The recommended five-year rate plan draws down approximately $5.5 million.
§South San Francisco's residential rates will remain among the lowest in San Mateo County.
§Based on the BWA Sewer Rate Plan Study and the benefits mentioned above,staff recommends the
proposed five-year rate plan.
BACKGROUND/DISCUSSION
Section One - Sewer Fund Overview
The City accounts for all sewer operation transactions in a dedicated fund -the Sewer Enterprise Fund (Sewer
Fund).All aspects of the City's sewer operations,including collection,conveyance,and treatment of residential
and commercial wastewater,are all tracked within the Sewer Fund.Some of the operating revenues and costs
are attributable to partner agencies that use the City's sewer system.
The City Collects sewer revenues to fund various expenditures, including:
§The Federal Pretreatment Program;
§The operation, maintenance, and repair of the sewer collection system;
§The construction of new sewer collection systems;
§Construction of new treatment systems at the WQCP;
§Debt service payments; and
§The operation,maintenance,and repair of all sewer facilities include sanitary sewer pump stations and
the South San Francisco-San Bruno Water Quality Control Plant (WQCP).
Fund Revenues
Typical Annual Revenues
South San Francisco $23,000,000
San Bruno $3,375,109
Colma $860,000
Daly City $260,000
TOTAL $27,495,109
Section Two - Background of the Current Five-Year Rate Plan
The sewer rate plan prepared by BWA in 2017 (2017 BWA Rate Study)proposed maximum rate increases in
years one through five of 15%,10%,5%,5%,5%,respectively.At the public hearing in 2017,City staff
recommended reducing the rate increases to help keep sewer rates as affordable as possible.As a result,the
adopted rates included annual adjustments of 13%,10%,2%,2%,2%-roughly 14%lower than the rates
initially suggested in the 2017 BWA Rate Study.
The City annually reviews maximum adopted sewer rates and reduces or waives increases when fiscally
prudent.The City lowered the rate increase adopted for FY 2018-19 from 10%to 9%and waived the 2%rate
increase previously adopted for FY 2020-21 because:
1.Staff successfully secured low-interest Clean Water State Revolving Funding (CWSRF),resulting in
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1.Staff successfully secured low-interest Clean Water State Revolving Funding (CWSRF),resulting in
a lower interest rate on debt service; and
2.The CWSRF Green Project Reserve approved 4 million dollars in principal forgiveness.
The CWSRF targets critical green infrastructure,energy efficiency improvements,and other environmentally
innovative projects.Several of the WQCP's projects qualified,for instance,the new high solids digester
technology, solar, and high-efficiency sludge mixing systems.
While the City's reduction of prior-year rate increases has helped keep the City's sewer charges as affordable as
possible,the declines have also resulted in lower annual revenues in FY 2021-22 than previously forecasted.
Current projections indicate a temporary sewer rate revenue shortfall in FY 2021-22.The temporary revenue
decrease is because South San Francisco bases commercial sewer billing on water use from the previous
calendar year.Because many businesses used significantly less water due to the COVID-19 pandemic and
accompanying shelter in place order,staff anticipates that sewer revenues will be lower than expected.These
commercial rate revenue shortfalls will phase out over the next few years as business activities return to pre-
COVID levels.
Last,although this staff report focuses on the sewer fund,a vital contributor is sewer impact fees.Developers
pay sewer impact and capacity fees.During the City's last five-year rate cycle,these fees were directly
reinvested into the wastewater infrastructure,offsetting the need to increase sewer rates by approximately $16
million. Developers pay their fair share to upgrade and maintain the wastewater infrastructure.
Section Three - New Capital Improvement Projects Driving the New Sewer Rate Plan
Staff forecasts approximately $50.5 million worth of capital project costs over the next five-year rate plan
cycle.San Bruno and other system users will fund roughly $8.1 million,resulting in $42.4 million in capital
funding needs for South San Francisco.The following are the estimated project infrastructure investments over
the next five years:
§Sanitary sewer rehabilitation ($12.6 million)
§Other sanitary sewer system capital improvements ($5.2 million)
§WQCP Wet Weather and Digester Project ($4.1 million of remaining funding needs)
§WQCP Solar Photovoltaic System ($1.2 million)
§WQCP equipment replacement and process efficiency projects ($1.1 million)
§Completion of Secondary Clarifiers No. 1 and 2 rehabilitation project ($3.8 million)
§Plant-wide painting and industrial equipment coating ($10.6 million)
§Joint project with the Army Corp of Engineers to protect the WQCP infrastructure against sea-level rise
($8.3 million)
§Dissolved Air Floatation Thickener (DAFT) System Rehabilitation ($2.5 million)
§Other sewer systems projects including,master planning,design,and process control improvements
($1.1 million)
Section Four - Projected Five-Year Sewer Rate Increases
City staff partnered with BWA,an independent utility consulting firm that the City has previously worked with,
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City staff partnered with BWA,an independent utility consulting firm that the City has previously worked with,
to develop the sewer rate projections for the next five years.BWA based the rate projections on updated
financial projections designed to evaluate future funding needs.
The recommended five-year rate plan includes financial forecasts for:
§The City's current fiscal year budget with 4% annual cost escalation for financial planning purposes;
§The sewer enterprise's projected share of yearly payments for CALPERS Unfunded Accrued Liabilities
(UAL),the total current and expected future pension obligations,vs.the actuarial value of assets and the
present value of future pension costs. The City expects these costs to increase over the next ten years;
§Phase-in of an additional $1 million over the next five years for wet weather cost recovery;
§Debt service funding requirements, including the new Clean Water State Revolving Fund Loan; and
§Anticipated capital improvement projects assuming all capital improvement project funding on a pay-as
-you-go basis using available fund balances and rate revenues,without need for additional debt
financing.
The recommended five-year rate plan provides additional revenue to offset losses from the COVID-19
pandemic and support the ongoing funding for capital improvement needs.The most recent CAFR report
shows a sewer cash balance of approximately $25 million.Of the $25 million cash balance,conditions require
roughly half ($12 million)need to stay in reserve for two reasons-first,statutory minimum reserve requirements
related to sewer debt.Second,to satisfy the City's policy of remaining a twenty percent fund operating reserve.
Projections show that under the maximum increase scenario,the sewer fund cash assets will decrease by only
$5.5 million over the next five years.
Staff wants to emphasize that,once the City Council formally approves the proposed five-year rate plan
amounts,those amounts represent the maximum annual increases the City may charge.If financial conditions
become more favorable,staff may recommend,and Council may adopt,lower rates in subsequent years during
the five-year rate cycle.
Impact on the Rate Payer
The recommended five-year rate plan results in a monthly increase of $9.25 per month over the five-year rate
plan.
Additionally,the City offers financial assistance to ratepayers who qualify for the low-income sewer rebate
program. The low-income sewer rebate program currently provides a $76 annual rebate to qualifying residents.
Section Five - Sewer Rate Comparison to Other San Mateo County Agencies and Next Steps
Staff compared the City's sewer rates to other agencies in San Mateo County.The City's current rate for a single
-unit residence (single-family home)is $62.75 per month.The City's current sewer rates are among the lowest
rates in San Mateo County,approximately 37%below the regional average.South San Francisco's rates will
remain among the lowest in San Mateo County (Attachment A).
Next Steps:
§Conduct a public information meeting on the sewer rate plan
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File #:21-695 Agenda Date:9/21/2021
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§Mail rate increase notices to all residential and business customers
§City Clerk receives any protest notices
§Hold a public hearing and tabulate any protest notices
§Gain final approval of rate plan by City Council
§Update County property/parcel database
§The new five-year rate plan goes into effect in FY 2022-23
RELATIONSHIP TO THE STRATEGIC PLAN
The City of South San Francisco promotes public health and environmental stewardship.Continuing to fund
wastewater infrastructure systems positively affects the quality of life for South San Francisco residents by
protecting public health and safety.
FISCAL IMPACT
Sewer fees fund the collection,conveyance,and treatment of residential and commercial wastewater.The
recommended five-year rate plan keeps revenues aligned with the service cost and achieves balanced budgets
while maintaining adequate fund reserves.
CONCLUSION
Staff recommends a five-year sewer rate plan with maximum annual increases of 2%,3%,3%,3%,and 3%in
years one through five,respectively,and seeks City Council conceptual approval of the five-year rate plan
needed to start the Proposition 218 process.
Attachments:
1.2021 Bartle Wells Associates South San Francisco Sewer Rate Study - Tables
2.Staff Presentation
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Sewer Rate Study
Revised Tables 9/1/21
City of South San Francisco
10.4250.0024.5019.7434.4462.75 76.8385.4445.9733.570.3397.34 47.3432.27102.00106.9383.8091.8815.37 132.08145.17295.2527.5025.9034.5522.7346.1661.5626.3750.9968.0436.4134.4637.92 50.00 50.40 54.29 57.17 62.75 76.83 85.44 92.13 95.06 96.71 97.34 98.33 100.31 102.00 106.93 120.21 126.34 130.42 132.08 145.17 $0$25$50$75$100$125$150$175Sewer Usage ChargesFixed or Minimum ChargesSingle Family Residential Monthly Sewer RatesBased on flat rate or 5.5 hcf of monthly winter water useRates effective April 2021FY2021/222% Increase
51.9257.1374.5370.2889.6568.7457.1358.4157.1374.4870.6376.4281.4157.1397.1987.4089.65133.95104.5654.2962.7550.0057.1750.4085.4498.3397.34106.9392.13102.0096.71100.31132.0895.06120.21145.17126.34295.25106.21 119.88 124.53 127.44 140.05 154.18 155.45 155.75 164.06 166.61 172.63 173.13 181.72 189.21 192.25 207.61 234.82 260.28 $0$50$100$150$200$250$300$350 Sewer Charges: Flat rate or 5.5 hcf monthly winter use Water Charges: Base meter size with 6 hcf monthly useCombined Monthly Water & Sewer Bill SurveySingle Family ResidenceRates effective January 2021399.81
Table 1Note: City adopted reduced rates that were lower than proposed and then further reduced rates implementedSouth San FranciscoCurrent rates are 12.4% below original proposed ratesHistorical Sewer RatesSewer rate increases have averaged 3.6% per year over the period shownBasis of Calculation 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22Rate Increase %: Proposed15% 10% 5% 5% 5%Rate Increase %: Adopted 0% 0% 4% 4% 2% 13% 10% 2% 2% 2%Rate Increase %: Implemented 0%0%4%4%2%13%9%2%0%2%reduced cancelledRESIDENTIALFixed annual charge per residential dwelling unit.Single Unit Residential Dwelling Unit $532 $532 $532 $553 $575 $588 $664 $724 $739 $739 $753Multi‐Unit Residential Dwelling Unit 532 532 532 516 516 527 596 650 663 663 676Trailer Unit Residential Dwelling Unit 477 477 477 496 516 527 596 650 663 663 676COMMERCIAL / INSTITUTIONALVolumetric charges per ccf of inflow or effluent, subject to a minimum annual charge.Light Strength Commercial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 7.0478 7.0478 7.0478 7.4028 7.40287.5508 8.5324 9.30039.4863 9.4863 9.6761or Effluent 7.8336 7.8336 7.8336 8.2253 8.2253 8.3898 9.4805 10.333710.5404 10.5404 10.7512Moderate Strength Commercial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 11.0325 11.0325 11.0325 11.5849 11.584911.8166 13.3528 14.554514.8456 14.8456 15.1425or Effluent 12.2591 12.2591 12.2591 12.8721 12.8721 13.1295 14.8363 16.171616.4950 16.4950 16.8249Restaurants Minimum Charge 532 532 532 553 575 588 664 724 739 739 754Hundred Cubic Feet Inflow 16.1205 16.1205 16.1205 16.9261 16.926117.2646 19.5090 21.264821.6901 21.6901 22.1239or Effluent 17.9112 17.9112 17.9112 18.8068 18.8068 19.1829 21.6767 23.627624.1001 24.1001 24.5821Institutions Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 5.6881 5.6881 5.6881 5.9711 5.97116.0906 6.8824 7.50187.6518 7.6518 7.8049or Effluent 6.3187 6.3187 6.3187 6.6346 6.6346 6.7673 7.6470 8.33538.5020 8.5020 8.6720Septage Haulers Charge per Gallon 0.3007 0.3007 0.3007 0.3157 0.31570.3220 0.3639 0.39660.4045 0.4045 0.4126INDUSTRIALVolumetric charges per ccf of inflow or effluent plus charges per pound for wastewater strength loadings of COD and TSS, subject to a minimum annual charge.Industrial Minimum Charge 532 532 532 553 575 588 664 724 739 739 753Hundred Cubic Feet Inflow 4.2231 4.2231 4.2231 4.4348 4.43484.5235 5.1116 5.57165.6830 5.6830 5.7967or Effluent 4.6929 4.6929 4.6929 4.9275 4.9275 5.0261 5.6795 6.19066.3145 6.3145 6.4408Chemical Oxygen Demand Pounds 0.4379 0.4379 0.4379 0.4598 0.4598 0.46900.5300 0.5777 0.5892 0.5892 0.6010Total Suspended Solids Pounds 1.4178 1.4178 1.4178 1.4887 1.4887 1.51851.7159 1.8703 1.9077 1.9077 1.9459One hundred cubic feet (ccf) equals approximately 748 gallons.Commercial sewer charges are based on annual water consumption from the prior calendar year.City offers a $76 discount pursuant to a Low‐Income Sewer Service Rebate Program based on income eligibility and participation in CalWater's Low Income Rate Assistance (LIRA) Program.
44.29 44.29 44.29 46.07 47.92 49.00 55.38 60.37 61.58 61.58 62.75 $20$30$40$50$60$70$802011/122012/132013/142014/152015/162016/172017/182018/192019/202020/212021/22Fiscal YearHistory of Sewer Rates per Single Family HomeFY2011/12 rate + 3.5% escalationMonthly Sewer Charge
Table 2
South San Francisco
Long Term Historical Rates per EDU
Fiscal Annual Multi‐Year
Year Rate/EDU Adopted Implemented Rate Increases
1999/00 $179 6.5% 6.5% 5‐Year Rate Plan
2000/01 188 5.0% 5.0%
2001/02 197 5.0% 5.0%
2002/03 207 5.0% 5.0%
2003/04 217 5.0% 5.0%
2004/05 272 25.0% 25.0% 5‐Year Rate Plan
2005/06 296 9.0% 9.0%
2006/07 323 9.0% 9.0%
2007/08 352 9.0% 9.0%
2008/09 383 9.0% 9.0%
2009/10 460 20.0% 20.0% 5‐Year Rate Plan
2010/11 506 10.0% 10.0%
2011/12 532 5.0% 5.0%
2012/13 532 0.0% 0.0%
2013/14 532 0.0% 0.0%
2014/15 553 4.0% 4.0% 3‐Year Rate Plan
2015/16 575 4.0% 4.0%
2016/17 588 2.0% 2.0%
2017/18 664 13.0% 13.0% 5‐Year Rate Plan
2018/19 724 10.0% 9.0%
2019/20 739 2.0% 2.0%
2020/21 739 2.0% 0.0%
2021/22 753 2.0% 2.0%
Rate Increase %
Table 3
South San Francisco
Sewer Customers by Class
2017/18 2018/19 2019/20 2020/21 2021/22
Residential
Single Unit 10,809 10,787 10,785 10,760 10,734
Multi Unit 1,750 1,768 1,773 1,788 1,803
Trailers 11111________________________________________
Subtotal 12,560 12,556 12,559 12,549 12,538
Commercial/Institutional/Industrial
Light Strength Comm'l (LTE) 1,204 1,203 1,201 1,204 1,196
Moderate Strength Comm'l (MOD) 182 191 193 194 194
Restaurant (RES) 109 116 117 119 125
Industrial (IND) 3333323231
Institutional (INS) 3432333333________________________________________
Subtotal 1,562 1,575 1,576 1,582 1,579
Other (Direct Billers, Septage Haulers)140 140 140 140 140
Total 14,262 14,271 14,275 14,271 14,257
Estimated Residential Dwelling Units
Single Unit 10,809 10,787 10,785 10,760 10,734
Multi Unit 5,322 5,322 5,306 5,683 6,176
Trailers 356 355 353 355 355________________________________________
Subtotal 16,486 16,464 16,444 16,798 17,265
Table 4
South San Francisco
Sewer Enterprise Fund 710 Cash Balances
2018 2019 2020 2021
Preliminary Est.
Cash & Investments $20,364,113 $20,652,375 $21,442,247 $25,992,912
Source: Comprehensive Annual Financial Reports and City estimates for June 30, 2021.
As of June 30
Table 5
South San Francisco
Outstanding Sewer Debt
Fiscal Year 1999 2004 2005 2008 2018
Ending SRF Loan SRF Loan Bonds SRF Loan SRF Loan Total
Loan Amount $44,000,000 $21,258,529 $6,000,000 $9,164,505 $53,403,000
Princ Forgiveness ($4,000,000)
Interest Rate 2.60% 2.50% 2.75% ‐ 5.00% 2.40% 1.80%
Repayment Term 20 Years 20 Years 20 Years 20 Years 20 Years
Reserve Req't $2,978,763 $1,382,335 $460,368 $432,998 $2,960,534
2021 $2,978,763 $1,382,335 $450,593 $432,998 ‐$5,244,689
2022 2,978,763 1,382,335 451,331 432,998 ‐5,245,427
2023 ‐1,382,335 450,000 432,998 ‐2,265,333
2024 ‐1,382,335 446,625 432,998 2,960,534 5,222,492
2025 ‐1,382,335 447,375 432,998 2,960,534 5,223,242
2026 ‐1,382,335 447,125 432,998 2,960,534 5,222,992
2027 ‐‐445,875 432,998 2,960,534 3,839,407
2028 ‐‐‐432,998 2,960,534 3,393,532
2029 ‐‐‐432,998 2,960,534 3,393,532
2030 ‐‐‐‐2,960,534 2,960,534
2031 ‐‐‐‐2,960,534 2,960,534
2032 ‐‐‐‐2,960,534 2,960,534
2033 ‐‐‐‐2,960,534 2,960,534
2034 ‐‐‐‐2,960,534 2,960,534
2035 ‐‐‐‐2,960,534 2,960,534
2036 ‐‐‐‐2,960,534 2,960,534
2037 ‐‐‐‐2,960,534 2,960,534
2038 ‐‐‐‐2,960,534 2,960,534
2039 ‐‐‐‐2,960,534 2,960,534
2040 ‐‐‐‐2,960,534 2,960,534
2041 ‐‐‐‐2,960,534 2,960,534
2042 ‐‐‐‐2,960,534 2,960,534
2043 ‐‐‐‐2,960,534 2,960,534
2044 ‐‐‐‐‐0
Final payment for 2005 Bonds can be funded by the Reserve Fund held by the Trustee.
Table 6
South San Francisco
San Bruno Share of Outstanding Sewer Debt
Fiscal Year 1999 2004 2005 2008 2018
Ending SRF Loan SRF Loan Bonds SRF Loan SRF Loan Total
San Bruno Share Fixed Pymts 32.7% None None 26.92%
2021 $589,551 $452,024 ‐‐‐$1,041,575
2022 589,551 452,024 ‐‐‐1,041,575
2023 ‐452,024 ‐‐‐452,024
2024 ‐452,024 ‐‐796,976 1,248,999
2025 ‐452,024 ‐‐796,976 1,248,999
2026 ‐452,024 ‐‐796,976 1,248,999
2027 ‐‐‐‐796,976 796,976
2028 ‐‐‐‐796,976 796,976
2029 ‐‐‐‐796,976 796,976
2030 ‐‐‐‐796,976 796,976
2031 ‐‐‐‐796,976 796,976
2032 ‐‐‐‐796,976 796,976
2033 ‐‐‐‐796,976 796,976
2034 ‐‐‐‐796,976 796,976
2035 ‐‐‐‐796,976 796,976
2036 ‐‐‐‐796,976 796,976
2037 ‐‐‐‐796,976 796,976
2038 ‐‐‐‐796,976 796,976
2039 ‐‐‐‐796,976 796,976
2040 ‐‐‐‐796,976 796,976
2041 ‐‐‐‐796,976 796,976
2042 ‐‐‐‐796,976 796,976
2043 ‐‐‐‐796,976 796,976
2044 ‐‐‐‐‐0
Table 7South San FranciscoCapital Improvement Program Project No.Parent ProjectNotes 2021/22 2022/23 2023/24 2024/25 2025/26 5‐Yr TotalSewer Collection System Improvementsss2001 Sanitary Sewer Rehabilitation 499,973 1,575,000 3,500,000 3,500,000 3,500,000 12,574,973 ss1901Coating Program1,050,000 1,200,000 2,250,000 ss1902Pump Station #14 UpgradeTo be determined$4,300,000 Need has yet to be determined; to be funded by Impact Fees if needed TBD/Excludedss2201 Country Club Park Sewer Master Plan 210,000 210,000 ss2202 Oyster Point Pump StationSuccessor Agency No Sewer FundingTBD/Excludedss1502 Pump Station #4 Force Main Under Utah AveTiming unknown$8,000,000 Hoping for federal funds or may need to be debt financed; not yet included in CIP TBD/Excludedss1702 Pump Station #2 Upgrade$2,200,000 to be funded by Capacity Fee & Impact Fee FundsExcludedss1801 Sewer Master Plan Phase 2 272,632 272,632 tbd Forcemain Location and Mapping 750,000 750,000 1,500,000 tbd ERP Financial System (Sewer Est. Share) 500,000 500,000 1,000,000 Subtotal: Sewer Collection System 2,032,605 3,275,000 4,750,000 4,250,000 3,500,000 17,807,605 Water Quality Control Plant Improvementsss1205WQCP Solar Photovoltaic System 1,190,965 1,190,965 ss1301WQCP Wet Weather and Digester Project 4,087,287 4,087,287 San Bruno ShareCash portion paid‐ ss1307Plant‐Wide Industrial Re‐Coating Program 4,890,546 1,750,000 2,000,000 2,000,000 10,640,546 San Bruno Share26.49%(1,295,506) (463,575) (529,800) (529,800) (2,818,681) NBSU Share3.66%(178,994) (64,050) (73,200) (73,200) (389,444) ss1601Sodium Hypochlorite Storage Tank ReplFunded in FY21‐ ss1802Sea Level Rise Study & Planning at WQCP 138,000 3,855,000 2,170,000 2,170,000 8,333,000 San Bruno Share29.79%(41,112) (1,148,449) (646,468) (646,468) (2,482,498) ss1703WQCP Secondary Clarifiers No. 1 & 2 Reconstr 3,000,000 800,000 3,800,000 San Bruno Share26.90%(807,000) (215,200) (1,022,200) ss1705WQCP Switchgear & Cogen Controls UpgradeFunded in FY21‐ tbd DAFT System Rehabilitation 2,500,000 2,500,000 San Bruno Share26.90%(672,500) (672,500) tbd Belt Filter Press Efficiency Improvement 1,100,000 1,100,000 San Bruno Share36.68%(403,500) (403,500) tbd WQCP Unplanned Project Funding1,000,000 1,000,000 Est. Other Agency Share26.90%(269,000) (269,000) WQCP Total Project Costs 15,715,833 6,405,000 5,360,965 4,170,000 1,000,000 32,651,798 San Bruno/NBSU Share (3,398,611) (1,891,274) (1,249,468) (1,249,468) (269,000) (8,057,823) Subtotal: City Share of WQCP Projects 12,317,222 4,513,726 4,111,497 2,920,532 731,000 24,593,975 Total Capital Project Costs 17,748,438 9,680,000 10,110,965 8,420,000 4,500,000 50,459,403 Total City Funding Requirement (Excluding San Bruno/NBSU Share)14,349,827 7,788,726 8,861,497 7,170,532 4,231,000 42,401,580 City 5‐Year Average Annual CIP Funding Requirement8,480,316 Source: CIP Project Funding Worksheets and input from City.
12.34.54.12.90.73.41.91.21.20.32.03.34.84.33.517.79.710.18.44.5$0$5$10$15$20 2021/22 2022/23 2023/24 2024/25 2025/26 Sewer Collection System WQCP: Other Agency Share WQCP: City ShareSouth San Francisco5‐Year Wastewater Capital Improvement Plan ($ millions)Total 5‐Year CIP = $50.5 MillionSan Bruno/NBSU Share = $8.1 MillionSouth San Franciso Share = $42.4 Million
Table 8012345678910Esc.2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2029/30Effective Date of Rate Increase Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Jul‐1Sewer Rate Increase % 0%2.0%2.0%3.0%3.0%3.0%3.0%2.0%2.0%2.5%2.5%Projected Annual Single Family Charge $739 $754 $769 $792 $816 $840 $865 $882 $900 $923 $946Interest Earnings Rate 0.5% 0.5% 0.8% 1.0% 1.0%1.0% 1.0% 1.0% 1.0% 1.0% 1.0%Est Revenue Loss Due to Covid (Lagged)‐ $2,000,000 $1,500,000 $1,000,000‐ ‐ ‐ ‐ ‐ ‐ ‐ Beginning Sewer Fund Cash Balancesest $21,442,000 $26,993,000 $26,372,000 $24,872,000 $20,515,000 $18,634,000 $19,544,000 $20,324,000 $20,721,000 $20,693,000 $20,796,000REVENUESEstimated ProjectedSewer Service Charges 24,600,000 23,092,000 24,094,000 25,362,000 27,153,000 27,968,000 28,807,000 29,383,000 29,971,000 30,720,000 31,488,000Colma & NSMCSD Service Charges 1,357,000 1,363,000 1,390,000 1,421,000 1,463,000 1,508,000 1,552,000 1,595,000 1,626,000 1,661,000 1,704,000San Bruno & Other Agency O&M 4.0% 3,825,000 3,774,000 3,925,000 4,082,000 4,245,000 4,415,000 4,592,000 4,776,000 4,967,000 5,166,000 5,373,000San Bruno Share of Debt Service 1,042,000 1,042,000 452,000 1,249,000 1,249,000 1,249,000 797,000 797,000 797,000 797,000 797,000Interest Earnings 110,000 135,000 198,000 249,000 205,000 186,000 195,000 203,000 207,000 207,000 208,000Sewer Impact & Capacity Charges 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000Other Revenues 15,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000______________________________________________________________________________________________________________Total Revenues 31,149,000 29,626,000 30,279,000 32,583,000 34,535,000 35,546,000 36,163,000 36,974,000 37,788,000 38,771,000 39,790,000SRF Reimbursement 9,916,000EXPENSESOperating & MaintenanceSalaries & Benefits 4.0% 9,837,000 8,421,000 8,758,000 9,108,000 9,472,000 9,851,000 10,245,000 10,655,000 11,081,000 11,524,000 11,985,000PERS UAL Contributions incl above 1,640,000 1,789,000 1,882,000 1,980,000 2,038,000 2,092,000 2,148,000 2,205,000 2,264,000 2,324,000Supplies & Services 4.0% 8,023,000 8,619,000 8,964,000 9,323,000 9,696,000 10,084,000 10,487,000 10,906,000 11,342,000 11,796,000 12,268,000Interdepartment Charges 4.0% 1,246,000 1,638,000 1,704,000 1,772,000 1,843,000 1,917,000 1,994,000 2,074,000 2,157,000 2,243,000 2,333,000Addl Wet Weather Cost Recovery 4.0% 0 0 250,000 500,000 750,000 1,000,000 1,040,000 1,082,000 1,125,000 1,170,000 1,217,000O&M for New Equipment/Facilities 4.0% 0250,000 260,000 270,000 281,000 292,000 304,000 316,000 329,000 342,000 356,000______________________________________________________________________________________________________________ Subtotal 19,106,000 20,568,000 21,725,000 22,855,000 24,022,000 25,182,000 26,162,000 27,181,000 28,239,000 29,339,000 30,483,000Debt Service1999 SRF Loan 2,979,000 2,979,000‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐2004 SRF Loan 1,382,000 1,382,000 1,382,000 1,382,000 1,382,000 1,382,000‐ ‐ ‐ ‐ ‐2005 Bonds 451,000 451,000 450,000 447,000 447,000 447,000‐ ‐ ‐ ‐ ‐2008 SRF Loan 433,000 433,000 433,000 433,000 433,000 433,000 433,000 433,000 433,000‐‐2018 SRF Loan‐ ‐ ‐ 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000 2,961,000______________________________________________________________________________________________________________ Subtotal 5,245,000 5,245,000 2,265,000 5,223,000 5,223,000 5,223,000 3,394,000 3,394,000 3,394,000 2,961,000 2,961,000Capital ImprovementsBudgetSewer Collection System Projects 3.0% 2,350,000 2,033,000 3,275,000 4,750,000 4,250,000 3,500,000 4,000,000 4,120,000 4,244,000 4,371,000 4,502,000WQCP Projects 3.0% 1,750,000 15,716,000 6,405,000 5,361,000 4,170,000 1,000,000 2,500,000 2,575,000 2,652,000 2,732,000 2,814,000Less Other Agency Contribs for WQCP 0 (3,399,000) (1,891,000) (1,249,000) (1,249,000) (269,000) (673,000) (693,000) (713,000) (735,000) (757,000)______________________________________________________________________________________________________________ Subtotal 4,100,000 14,350,000 7,789,000 8,862,000 7,171,000 4,231,000 5,827,000 6,002,000 6,183,000 6,368,000 6,559,000Total Expenses28,451,000 40,163,000 31,779,000 36,940,000 36,416,000 34,636,000 35,383,000 36,577,000 37,816,000 38,668,000 40,003,000Revenues Less Expenses2,698,000 (621,000) (1,500,000) (4,357,000) (1,881,000) 910,000 780,000 397,000 (28,000) 103,000 (213,000)Ending Sewer Fund Cash Balances24,140,000 26,372,000 24,872,000 20,515,000 18,634,000 19,544,000 20,324,000 20,721,000 20,693,000 20,796,000 20,583,000SRF Reserve Requirement4,794,000 4,776,000 4,776,000 4,776,000 4,776,000 3,394,000 3,394,000 3,394,000 3,394,000 2,961,000 2,961,000Debt Service Coverage (Min>1.15x)2.30 1.73 3.78 1.86 2.01 1.98 2.95 2.89 2.81 3.19 3.14 South San Francisco Sewer Cash Flow Projections
9.810.110.511.011.511.912.312.813.313.89.310.511.211.912.613.313.814.415.015.65.25.22.35.25.25.23.43.43.43.04.114.47.88.97.24.25.86.06.26.4$0$10$20$30$40$50 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30Annual Expenses ($ Millions) Capital Improvement Projects Debt Service Other Operating Expenses Salaries & Benefits RevenuesSouth San FranciscoSewer Enterprise Projected Revenues & ExpensesElevated Levels of Capital Funding Resultin a Partial Draw Down of Fund Reserves Over the Next 4 YearsHowever, Small Annual Rate Adjustments Support Balanced Budgets in Future Years
Table 9South San FranciscoProjected Sewer RatesCurrentBasis of Calculation Rates 2022/23 2023/24 2024/25 2025/26 2026/27Projected Rate Increases 2%3%3%3%3%RESIDENTIALFixed annual charge per residential dwelling unit.Single Unit Residential Dwelling Unit $753 $768 $791 $815 $839 $864Multi‐Unit Residential Dwelling Unit 676 691 712 734 755 778Trailer Unit Residential Dwelling Unit 676 691 712 734 755 778COMMERCIAL / INSTITUTIONALVolumetric charges per ccf of inflow or effluent, subject to a minimum annual charge.Light Strength Minimum Charge 753 768 791 815 839 864Commercial Hundred Cubic Feet Inflow 9.6761 9.87 10.17 10.48 10.79 11.11or Effluent 10.7512 10.97 11.30 11.64 11.99 12.34Moderate Strength Minimum Charge 753 768 791 815 839 864Commercial Hundred Cubic Feet Inflow 15.1425 15.45 15.91 16.39 16.88 17.39or Effluent 16.8249 17.17 17.68 18.21 18.76 19.32Restaurants Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 22.1239 22.57 23.25 23.95 24.67 25.41or Effluent 24.5821 25.08 25.83 26.61 27.41 28.23Institutions Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 7.8049 7.96 8.20 8.45 8.70 8.96or Effluent 8.6720 8.84 9.11 9.39 9.67 9.96Septage Haulers Charge per Gallon 0.4126 0.42 0.43 0.44 0.45 0.46INDUSTRIALVolumetric charges per ccf of inflow or effluent plus charges per pound for wastewater strength loadings of COD and TSS, subject to a minimum annual charge.Industrial Minimum Charge 753 768 791 815 839 864Hundred Cubic Feet Inflow 5.7967 5.91 6.09 6.27 6.46 6.65or Effluent 6.4408 6.57 6.77 6.97 7.18 7.39Chemical Oxygen Demand Pounds 0.6010 0.6130 0.6314 0.6503 0.6698 0.6899Total Suspended Solids Pounds 1.9459 1.9848 2.0443 2.1056 2.1688 2.2339One hundred cubic feet (ccf) equals approximately 748 gallons.Commercial sewer charges are based on annual water consumption from the prior calendar year.City offers a discount pursuant to a Low‐Income Sewer Service Rebate Program based on income eligibility and participation inCalWater's Customer Assistance Program (previously named the Low Income Rate Assistance (LIRA) Program).Projected Rates Effective per Fiscal Year
Five-YearSewer Rate Plan Conceptual Approval 1
2• Sewer Fund Overview• Current Sewer Rate Plan• Ten Year Sewer Rate History•Infrastructure Investments• Five-Year Rate Plan RecommendationPresentation Overview
FY 2017-18FY 2018-19FY 2019-20FY 2020-21FY 2021-22Single Unit Residential$664.00 per EDU(13% Increase)$724.00 per EDU(9% Increase)$739.00 per EDU(2% Increase)$739.00 per EDU(0% Increase)$754.00 per EDU(2% Increase)Multi-Unit/Trailer Residential $596.00 per EDU(13% Increase)$650.00 per EDU(9% Increase)$663.00 per EDU(2% Increase)$663.00 per EDU(0% Increase)$676.00 per EDU(2% Increase)Commercial*(13% Increase)(9% Increase)(2% Increase)(0% Increase)(2% Increase)3*Minimum commercial rate is tied to Single Unit Residential
4Low-interest CWSRF fundingresulting in a lower interest rate on debtservice; and4 million dollars in principal forgivenessThe CWSRF targets critical green infrastructure, energy efficiencyimprovements, and other environmentally innovative projects.Impact Fee offsetImpact fees paid by Developers offset rates by $16.5 million
5The City’s residential sewer rates will remain among the lowest in San Mateo County
6
7
8
Conduct a public information meeting on the sewer rate plan Mail rate increase notices to all residential and business customers Hold a public hearing and tabulate any protest noticesSeek final approval of rate plan by City Council Update County property/parcel databaseThe new five-year rate plan goes into effect in FY 2022-239
10
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-688 Agenda Date:9/21/2021
Version:1 Item #:11.
Report regarding a resolution authorizing the City Council to approve budget amendment 22.017
appropriating $1 million of American Relief Plan Act (ARPA)funding for broadband expansion and to
reimburse the City for the community outreach program.(Tony Barrera,Director of Information
Technology)
RECOMMENDATION
Staff recommends the City Council approve budget amendment 22.017 appropriating $1 million of ARPA
funding to expand broadband services to the underserved areas of South San Francisco and to reimburse the
City for the community outreach program of the Federal Emergency Broadband Benefit Program (EBB).
BACKGROUND/DISCUSSION
In 2020,the country was faced with the COVID-19 pandemic shelter in place orders and was required to use
internet services for remote learning,telework and telemedicine.However,this public health emergency
highlighted the importance of universally available,high speed,reliable and affordable broadband coverage to
participate in virtual activities.Tens of millions of Americans live in areas where they are unserved or
underserved with broadband infrastructure which cannot provide internet speeds greater than 25 Mbps
download and 3 Mbps uploads.
South San Francisco residents were also impacted by the shelter in place orders.The Boys and Girls Club had
to assist 50 students a day to connect them to their remote learning classes.The South San Francisco Unified
School District (SSFUSD)provided 3,650 cellular hotspots to students and staff.This is indicative of the
number of residents either without internet service,lacked internet speeds,or internet service was prohibitive.
Furthermore,residents in the Westborough area continue to be underserved in both wireline and wireless
broadband services due to the carriers not expanding their broadband infrastructure because of build costs or
other factors.
In early 2021, the federal government passed a $1.9 trillion stimulus package to help cities recover and give
back to the community. South San Francisco was awarded $12.3 million to be received over two years. The
first half was received in May 2021, and the other half will be received in May 2022. At the Special City
Council meeting on March 30, 2021, staff presented the allocation of funds and recommended $2 million be
used for broadband expansion. According to guidelines issued by the US Treasury in its Interim Final Rule
(IFR) (31 CFR Part 35), the funds must be used to build broadband infrastructure that can provide symmetrical
upload and download speeds of 100Mbps in unserved and underserved areas. The federal guidelines also
recommend using a holistic approach to building the infrastructure, using current assets if feasible, and
encouraging recipients to prioritize fiber optic infrastructure investments as such advanced technology enables
the next generation of application solutions for all communities. This is referenced on pages 75 and 76 of the
IFR report.
Based on the guidelines,staff is proposing to install fiber optic cables in new City-owned conduits from 550
North Canal to Skyline Blvd in the Westborough Area.In 2019,the City leveraged its dig once ordinance to
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File #:21-688 Agenda Date:9/21/2021
Version:1 Item #:11.
North Canal to Skyline Blvd in the Westborough Area.In 2019,the City leveraged its dig once ordinance to
partner with a contractor to lay conduit for the City at a significantly reduced rate.The project began in August
2021 and is scheduled to be completed by December 2021.The Westborough area,located west of Highway
280,is only serviced by two carriers for wireline internet service,while four carriers are servicing the areas east
of Highway 280. Residents also complain about the lack of cellular and data services in the Westborough area.
In April 2021,the City hired Magellan Advisors to conduct a broadband feasibility study to perform a market
and gap analysis.Magellan Advisors has discovered the Westborough area is underserved in both wireline and
wireless services and may be due to the cost to build and expand networks.The study is still ongoing,but
Magellan Advisors and staff will return to City Council in November or December with findings and
recommendations.
The proposed project will use ARPA funding to hire consultants to design and implement the fiber network.
The broadband infrastructure will be built to provide the “middle mile”for the carriers to connect to the “last
mile”in the Westborough area.The “middle mile”is a term used in the telecommunication industry referring
to the connections from the central office and is used to connect to the “last mile”,the connection to the home
or business.On page 76 of the IFR,the guideline indicates “To meet the immediate needs of unserved and
underserved households and businesses,recipients are encouraged to focus on projects that deliver a physical
broadband connection by prioritizing projects that achieve last mile-connections.”This installation will
provide carriers incentive to build the “last mile”and give the City with the opportunity to lease fiber strands or
share conduit space with carriers and generate revenue.With fiber optics cables,the network is capable of 100
Mbps symmetrical internet speeds and can provide fiber backhaul for the wireless carriers to improve cellular
service in the area.
Below are cost estimates and the fiber installation routes:
Design Phase: $120,000
Construction Phase: $869,650
Total Cost: $989,650
Leveraging ARPA funds for this project would also reduce costs by over $10,000 per year by connecting the
City fiber to Fire Station 63,Westborough Preschool,and Fire Station 64.It would also provide smart city
options such as expanding the City adaptive traffic signaling network that is used to manage traffic flow,thus
saving the City money on stand-alone internet costs and hardware.
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File #:21-688 Agenda Date:9/21/2021
Version:1 Item #:11.
In addition to using the ARPA funding for broadband expansion,staff recommends using the funds to reimburse
the City for staff time dedicated to community outreach of the Federal Government Emergency Broadband
Benefit (EBB)Program.In May 2021,the Information Technology and Library departments partnered to re-
hire the library community census outreach team which consisted of Maria Barcelata,Louella Angeles,Letica
Acevedo and Yim Wong.The IFR guidelines indicate to use the funds to assist households and businesses who
were financially impacted by COVID-19.The purpose of the program was to build awareness around the EBB
program where participants who were impacted would receive $50 per month towards their broadband services.
The team worked for three months and during that time they reached out to over 23,000 residents by way of
flyers,visits to businesses,phone calls,in-person conversations and assisted 82 residents with program
enrollment. The total reimbursement is $10,350.
FISCAL IMPACT
$1 million appropriation of ARPA funding will allow full reimbursement in other city funds for expenditures to
date on these projects.There is no net impact to the City’s General Fund or any other fund.It is anticipated
that completion of these projects would result in the reduction of future stand-alone equipment costs and can
potentially become a revenue source for the City.
RELATIONSHIP TO STRATEGIC PLAN
Expanding broadband infrastructure meets the City’s strategic goals of providing a high quality of life for our
residents and Economic Vitality.
CONCLUSION
The federal government stimulus package provides the City the opportunity to expand broadband services in
the underserved areas, especially in the Westborough area. This area is underserved both in wireline and
wireless services. Furthermore, the Covid-19 pandemic has highlighted just how critical it is for residents to
have access to broadband services of sufficient speeds to work and learn from home when necessary. This
broadband expansion project will help to improve service equally throughout South San Francisco.
Attachment: Broadband Presentation.pptx
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City of South San Francisco
American Relief Plan Act
Broadband Expansion
Digital Divide
•Boys and Girls Club – 50 Students a Day
•The South San Francisco Unified School District
•Passed out 3650 cellular hotspots to students and staff
•Westborough Area lacking wireline and wireless services
US Treasury
Federal government passed $1.9 Trillion stimulus package
$12.3 Million awarded to South San Francisco
$2 Million allocated for Broadband Expansion
•Build Broadband infrastructure to provide 100Mbps symmetrical speeds
•Encourage to prioritize the infrastructure that enables next generation
applications for all communities
•Provide middle and last mile connections
Interim File Rule Report
City
Broadband
Plan
•Hired Magellan Advisors Conduct a Broadband Feasibility
Study
•Found Westborough Area to be underserved in
broadband services.
•Install fiber optic cables in new city owned conduits and
help build the middle mile
Conduit Route
Emergency
Broadband
Benefit
Outreach
Program
Reimbursement
•Building Awareness about the Emergency
Broadband Benefit
•$50 toward Internet service
•3 Month Program
•Reached over 23,000 residents
•Flyers, calls, and in-person conversions
Recommendation
•Approve budget amendment 22.0017 to expand
broadband infrastructure in the Westborough
area and reimburse the City for the Emergency
Broadband Benefit outreach program.
Questions?
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-689 Agenda Date:9/21/2021
Version:1 Item #:11a.
Resolution authorizing the City Council to approve budget amendment 22.017 appropriating $1 million of
American Relief Plan Act (ARPA)funding for broadband expansion and to reimburse the City for the
community outreach program.
WHEREAS,in 2020 the country was faced with the COVID-19 pandemic shelter in place orders and all were
required to use internet services for remote learning, telework and telemedicine; and
WHEREAS,South San Francisco residents were impacted by the shelter in place in that many were without
internet service or lacked internet speeds; and
WHEREAS,in early 2021,the federal government passed a $1.9 trillion stimulus package to help cities recover
and give back to the community; and
WHEREAS,South San Francisco was awarded $12.3 million over two years for specific projects,including
broadband expansion; and
WHEREAS,at March 2021 Council Meeting,staff presented the allocation of funds and recommended $2
million be used for broadband expansion; and
WHEREAS,in April 2021 the City of South San Francisco hired Magellan Advisors to conduct a broadband
feasibility study, report findings and make recommendations to Council; and
WHEREAS,the infrastructure needed to improve internet service in underserved areas,including the
Westborough area, is estimated to cost $1 million.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco the approval
of budget amendment 22.017 for $1 million to expand broadband services to the underserved areas of South
San Francisco using ARPA funding and to reimburse the City for the community outreach program of the
Federal Emergency Broadband Benefit.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-696 Agenda Date:9/21/2021
Version:1 Item #:12.
Conference with Labor Negotiators
(Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mike Futrell, City Manager; Sharon Ranals, Assistant City Manager; Leah
Lockhart, Director of Human Resources
Employee organizations: AFSCME Local 829, IUOE Local 39, IAFF Local 1507, Police Association, Public
Safety Managers, Teamsters Local 856 - Confidential, Teamsters Local 856 - Mid-management
Unrepresented employees: Executive Management
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-631 Agenda Date:9/21/2021
Version:1 Item #:13.
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: City property at Oyster Point (APN 015-010-970)
City Negotiators:Nell Selander,Interim Director of Economic and Community Development;Ernesto Lucero,
Economic Development Coordinator
Negotiating Party: Ensemble Investments
Under Negotiations: Price and terms
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